City Council / Housing Authority
October 7, 2024

1 CITY OF POMONA

DOWNTOWN PARKING STRUCTURE
441-6725-52285-73368
Agreement for Bridging Architectural/Engineering Services Attachment No. 1
2 13.0 SAMPLE AGREEMENT FOR BRIDGING ARCHITECTURAL SERVICES

Table of Contents
Article Page Page #

Article 1. Responsibilities and Services of Bridging Architect 4 Article 2. Bridging Architect Staff 5
Article 3. Schedule of Work 6
Article 4. Construction Cost Budgets 6
Article 5. Fee and Method of Payment 8
Article 6. Payment for Extra Work or Changes 8
Article 7. Ownership of Data 8
Article 8. Termination of Contract 10
Article 9. Indemnification Prevailing Wage 12
Article 10. Prevailing Wage 13
Article 11. Responsibilities of City 13
Article 12. Liability of City 15
Article 13. Insurance 15
Article 14. Nondiscrimination 16
Article 15. Covenant Against Contingent Fees 16
Article 16. Entire Agreement/Modification 16
Article 17. Non-Assignment of Agreement 16
Article 18. Governing Laws 17
Article 19. Alternative Dispute Resolution 17
Article 20. Severability 18
Article 21. Employment Status 18
Article 22. Certification of Bridging Architect 19 Article 23. Cost Disclosure - Documents and Written Reports 20 Article 24. Notices and Project Communications 20
Article 25. Other Provisions 20
Article 26. Time 21

BRIDGING ARCHITECTURAL SERVICES EXHIBITS
3 EXHIBIT "A" - RESPONSIBILITIES AND SERVICES OF BRIDGING ARCHITECT EXHIBIT "B" - CRITERIA AND BILLING FOR EXTRA WORK
EXHIBIT “C” - SCHEDULE OF WORK
EXHIBIT “D” - PAYMENT SCHEDULE
EXHIBIT “E”- INSURANCE REQUIREMENTS FOR BRIDGING ARCHITECT EXHIBIT “F”- BRIDGING ARCHITECT FEE BASIS
EXHIBIT “G”- REQUEST FOR PROPOSAL NO. 2024-14
EXHIBIT “H” - ARCHITECTURAL/ENGINEERING HOURLY RATES
EXHIBIT “I” - BRIDGING ARCHITECT/ENGINEERING TEAM PROPOSAL

End of Page

4 AGREEMENT FOR BRIDGING ARCHITECT SERVICES

This Agreement for Bridging Architect Services (“Agreement”) is made as of the _____of October 2024, between the City of Pomona, CA (“City or Owner”), and Watry Design, Inc. (“Bridging Architect” or “Architect”) of San Jose, California.

The City and the Bridging Architect are (collectively hereinafter referred to as the “Parties”), for the Br idging 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, 5 and issue written directives, approvals and Notices to Proceed on behalf of City. If any services are performed by Bridging Archite ct 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: John Purinton
Project Manager: Francisco Navarro
Project Architect: Michael Pendergrass

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 6 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).
7 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

4.4.1. 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.

8 Article 5. Fee and Method of Payment

5.1. City shall pay the Bridging Architect a lump sum fixed price of $596,639 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 del iverables 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 b e prepared pursuant to this Agreement. The Bridging Architect retains all rights 9 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 C i t y shall be authorized to use or reuse the Design Documents for these purposes without liab ility 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:

7.3.1. One set of the Contract Documents, including the bidding requirements, specifications, and cost estimates for the Project, in hard copy, reproducible format.
10 7.3.2. 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.

7.3.3. 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.

7.3.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs,
technology data and reports prepared by the Bridging
Architect under this Agreement.

7.4. 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 i t s 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 aft er 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.

11 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 p art 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, 12 as a direct result of the suspension and resumption the A/E Services for the Project.

Article 9. Indemnification

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 exp enses 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 Liabilitie s 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, cos t, 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.

13 Article 10. Prevailing Wage

10.1 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 t he 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 11. Responsibilities of City

11.1. 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
14  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.

11.2. 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.

11.3. 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.

11.4. 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.

15 Article 12. Liability of City

12.1. 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.

12.2. 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 13. Insurance

13.1. Bridging Architect and each of its Design Consultants shall comply with the insurance requirements for this Agreement, set forth in Exhibit “E”.

13.2. 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.

13.3 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”.

13.4 Insurance is to be placed with insurers rated A: 7 or better by A.M.

Best's rating-service.

Article 14. Nondiscrimination

14.1. Bridging Architect agrees that no discrimination shall be made in the employment of persons under this Agreement because of the 16 actual or perceived race, national origin, ancestry, religion, age, physical disability, sex, or sexual orientation of such person.

14.2 Bridging Architect shall comply with any and all federal, state, and local regulations and laws governing nondiscrimination in employment.

Article 15. Covenant Against Contingent Fees

15.1 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 amoun t of such fee, commission, percentage fee, gift, or contingency.

Article 16. Entire Agreement/Modification

16.1 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 17. Non-Assignment of Agreement

17.1 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 sub lease without the City’s prior written consent shall be considered null and void.

Article 18. Governing Laws

18.1 This Agreement has been executed and delivered in the State of California and the validity, enforceability and interpretation of any 17 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.

18.2 Los Angeles County shall be the exclusive jurisdiction and venue for any action or proceeding that may be broug ht or arise out of, in connection with or by reason of this Agreement including any Alternative Dispute Resolution specified in Article 18, below.

Article 19. Alternative Dispute Resolution

19.1. 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.

19.2 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.

19.3. 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 th e Superior Court of Los Angeles.

19.4. 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.

18 Article 20. Severability

20.1 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 21. Employment Status

21.1. 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.

21.2. 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.

21.3. 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.

21.4 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 19 (again, offsetting any amounts already paid by Bridging Architect which can be applied as a credit against such liability).

21.5. 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, Bridgin g 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, arbit rator, or administrative authority determined that Bridging Architect was not an employee.

21.6. Nothing in this Agreement shall operate to confer rights or benefits on persons or entities not a party to this Agreement.

Article 22. 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.

22.2. 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 23. Cost Disclosure - Documents and Written Reports

23.1. 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).

20 Article 24. Notices and Project Communications

24.1 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 and a Copy to City Manager
505 S. Garey Avenue
Pomona, CA 91766
BRIDGING ARCHITECT:

Watry Design, Inc.
2099 Gateway Place, Suite 550
San Jose, CA 95110

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 25. Other Provisions

25.1. 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 21 caused by or arising out of Bridging Architect’s negligent performance of any Services provided or required hereunder.

Article 26. Time (180 Calendar Days from Notice to proceed)

26.1. 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: City Manager

Watry Design, Inc.

Date: , 2024
By:

Title:

End of Page
22 EXHIBIT “A”

RESPONSIBILITIES AND SERVICES OF BRIDGING ARCHITECT/ENGINEER

Item: Page #:

A. Basic Services 23

B. Architectural Programming 26

1. Project Initiation 26

2. Development of Architectural Program 27

3. Architectural Programming Deliverables 28

4. Project Cessation Provisions 29
C. Design Services 29

1. Conceptual/Schematic Design Phase 29

2. Bridging Documents Phase 36

3. Design/Build Team Selection Phase 38

4. Construction Document Review Phase 38

5. Construction Phase 39

End of Page

23 EXHIBIT “A” (cont.)

RESPONSIBILITIES AND SERVICES OF BRIDGING ARCHITECT

Bridging Architect/Engineer shall provide all professional services necessary for completing the following:

A. Basic Services

Bridging Architect/Engineer agrees to provide the services described below:

1. Provide work which shall comply with professional Architectural and Engineering standards and applicable requirements of federal, state, and local law.

2. Identify the regulatory agencies that have jurisdiction over essential building and design elements and coordinate with a nd 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.

3. 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.

4. 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.

5. 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.

24 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 ag encies 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 p lan. 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.
25 Maintain the following:

A. Design evolution log
B. Summary design schedule
C. Proposed meeting schedule
D. Design milestone schedule
E. 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 abateme nt; 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 adopt ed 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 26 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.

B. Architectural Programming

1. Project Initiation

Upon final execution of the Agreement with the City, the Bridging Architect/Engineer shall:

a. 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 addi tional definition of deliverables.
b. Review the developed work plan with the City and its representatives to familiarize them with the proposed tasks and schedule and develop necessary modifications.
c. 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.

1) 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.
27 2) Identify and review pertinent information and/or
documentation necessary from the City for the
completion of the Bridging design services for the project. 3) Review and explain the overall project goals, general approach, tasks, work plan and procedures and
deliverable products of the project.
4) Review and explain the scope of work and project
work plan for all pa rties present; determine any
adjustments or fine tuning that needs to be made to
the work plan.
5) Review documentation of the project kick -off
meeting prepared by the City’s Project Manager and
comment prior to distribution.

6) Review and implement as appropri ate 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.

2. 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:

a. 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:

1. A Project Program Summary that is inclusive of a
Detailed Project Program and Design Criteria, as
well as Spatial Adjacency Diagrams.

b. Hold informational meetings if requested by City.

c. 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.
28 d. Review the physical site and the Initial Construction Co st 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 info rmation/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.
e. 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.
f. 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).
g. 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.

3. Architectural Program Deliverables

a. 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
b. One (1) copy of the Revised Construction Cost Estimate. c. Electronic copy of all deliverables shall be submitted to the City. The format which these documents shall be submitted 29 will be limited to the following unless otherwise approved by the City:

All Drawings to be produced in Revit and
exported to CAD if requested by City and PDF
Narratives MS Word
Specifications MS Word
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.

4. 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.

C. Design Services

1. 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:

a. 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 t wo (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 30 of the Bridging Design Team, requir ed completion times necessary for the review and approval by the City and by pertinent regulatory agencies and additional definition of deliverables.

b. Coordinate with City workshop program and Schedule date for the Collaborative Design Workshop
a. Prepare exhibits for workshop
b. Coordinate with City list of attendees
c. Lead Discussion and assist collaboration of workshop program.
d. Document and summarize results of discussions from the collaborative design workshop, review with City.

c. 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.

d. Architectural Plans shall include at least the following elements:

1) Scaled floor plans showing overall dimensions,
identifying the various major areas and their
relationship and layouts of major elements and
equipment.
2) Indicate on the floor plans each space square footage area and program space identification for tracking
purposes.
3) Concept building exterior elevations and sections in enough detail to demonstrate design concept.
4) 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.

5) Identify minimum finish requirements, including
ceiling, floors, walls, doors, windows and types of
door hardware.
6) Identify code requirements and include occupancy
classification(s) and type of construction for each
significant area of the project.

7) Performance Specifications.
31 e. Structural Plans shall include at least the following elements:

8) Layout structural systems with dimensions and floor
elevations. Provide proposed structural framing plan
to match architectural plans.

9) Identify potential foundation systems reference soils report if major soil enhancements or export/import
work is anticipated.

10) Performance Specifications.

f. Mechanical Plans shall include at least the following elements:

11) 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.

12) Plumbing systems requirements includ ing fixture
types, water conservation, reclaimed water use,
equipment types

13) Plumbing system narrative description.

14) Plumbing Performance Specifications.

5) Preliminary Fire Protection Plans (including site, fire protection systems, densities, flow test).

6) Fire Protection Performance Specifications.

g. Electrical Plans shall include at least the following elements:

1) Design Criteria (including type of fixtures, lighting level requirements).

2) Definition/Location of primary service.

3) Electrical Systems Description

4) Performance standards and outline specifications for City Low Voltage Systems, including but not limited
32 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.

6) Calculate overall approximate electrical loads.

7) Identify proposed electrical system for service,
power, lighting, low voltage and communication
loads. Show proposed connec tion point to existing
campus electrical service and low -voltage systems
and verify that existing service has adequate capacity
for project.

8) Performance Specifications.

h. Civil Plans shall include at least the following elements:

1) Define and locate off site utility systems such as
water, sewer, storm drain, firewater lines and fire
hydrants.

2) Identify surface improvements including walkways,
preliminary finish grades, sewer and storm drainage
systems.

3) Coordinate preliminary finish grade elevations with
Architectural site and building plans.

4) Coordinate location of elements with the
Architectural Site Plan and Architectural
dimensioned site plan.

i. Landscaping Plans shall include at least the following elements:

5) 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 entail ing analysis of
existing conditions, proposed components and how
33 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.

j. Basis of Design:

1) 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, Fi nishes, 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.

k. 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.
l. 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.

2) 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
34 Architect/Engineer shall submit to the City the cost estimating format for prior review and approval.
3) 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).
4) 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 Constru ction Cost
Estimate (RCCE) remains the responsibility of the
Bridging Architect/Engineer:

a) The City will review the Revised
Construction Cost Estimate (RCCE) for
general compliance with the City’s project
scope and budget.
b) 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.
c) If the total constru ction 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.
35 d) 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.

m. Meetings:

1) 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.

2) 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.

3) Bridging Architect/Engineer along with any
involved sub-consultant(s) shall present and review
with the City and, if directed, with i ts Council, the
summary and detail of work involved in this phase.

a) The Bridging Architect/Engineer is to submit a
schedule identifying the minimum proposed
meetings that will be required for approvals.

b) 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.

36 n. 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.

1) 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.
2) Updated Sustainable Design Checklist.
3) One (1) bound copy and One (1) unbound copy of
the project Basis of Design.
4) One (1) bound copy and One (1) unbound copy of
the Revised Construction Cost Estimate.
5) 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.
6) 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:

37 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 specificat ions 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 cle arly
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, performanc e
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.
38 3. 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:

a. 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.
b. The Bridging Architect/Engineer and its Design
Consultants, as necessary or appropriate shall attend and participate in pre-bid meeting and job walks.
c. 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.
d. 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.

4. 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:

a. The Bridging Architect/Engineer shall provide periodic reviews of the design documents prepared by the
Design/Builder’s design team. The Bridging
39 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 a t 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.

5. 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:

a. Bridging Architect/Engineer shall review and appro ve 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 Brid ging 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.

b. 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.
c. 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.

d. 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 40 equipment and apparent deficiencies in construction
following the acceptance of the contractor's work.
e. 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.

End of Page

41 EXHIBIT “B”

CRITERIA AND BILLING FOR EXTRA WORK

A. The following extra services to the Agreement shall be performed by Bridging Architect/Engineer if needed and requested by the City.

1. Making revisions in drawings, specifications, or other documents when such revisions are:

a. Inconsistent with approvals or instructions previously given by the City.

b. Required by the enactment or revisions of codes, laws, or regulations subsequent to the preparation of the final
construction documents.

c. 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.

2. 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.

3. 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.

4. 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.

5. 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.

B. 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 42 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 20 24/2025 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 EX HIBIT H. These fees shall govern the payment for the performance of any extra work or services:

Position

Principal
Director
Associate Principal Project Director
Associate Director
Senior Project Manager
Project Manager
Senior Job Captain
Job Captain
Senior Designer
Staff Designer
Project Administrator
Administrator
Conditions Assessment
Legal Expert
Depositions
Litigation
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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43 EXHIBIT “C”

SCHEDULE OF WORK

A. 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 Schedu le shall be in the form of a progress chart clearly delineating all important increments and review dates.

B. 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.

C. 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.

D. 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.

E. The durations stated above exclude the review periods required by the City and all other regulatory agencies.

F. All times to complete tasks set forth in this Exhibit are of the essence, as indicated in the Agreement. If delays in the schedul e 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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44 EXHIBIT “D” PAYMENT SCHEDULE
A. Compensation

1. 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.

2. The amount of compensation shall be based upon the following percentage for each completed phase contemplated under the Agreement.

Phase Fee Schedule
1 & 2: Initiation/Architectural Programming $ 49,864 4 weeks 3: Conceptual/Schematic Design $ 218,965 16 weeks
4: Bridging Documents $ 155,931 8 weeks
5: Design Builder Selection/Bid Review $ 32,217 12 weeks 6: Construction Document Review $ 35,529 36 weeks
7: Construction Administration $ 104,133 56 weeks
TOTAL $ 596,639

B. Method of Payment

1. 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.

2. Bridging Architect/Engineer shall submit to City on a monthly basis documentation showing proof that payments were made to his/her sub-consultant(s).

3. Bridging Architect/Engineer shall submit to the City for approval a copy of the Bridging Architect/Engineer’s monthly pay request format.

45 4. 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 tha n 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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46 EXHIBIT "E"

INSURANCE REQUIREMENTS FOR BRIDGING ARCHITECT

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 Bridgin g Architect/Engineer, his agents, representatives, employees , consultants and sub-consultant(s).

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. Commercial General Liability coverage.

2. Commercial Automobile Liability, any auto.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability Insurance as appropriate to the Architect/Engineer’s profession.

B. Minimum Limits of Insurance:

1. Within ten (10) days of signing of the Agreement the Bridging Architect/Engineer shall maintain limits no less than:

a. 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.

b. Automobile Liability: One million dollars ($1,00 0,000) per accident for bodily injury and property damage.

c. Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

d. Professional Liability: Bridging Architect/Engineer shall provide insurance covering the p rime 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
47 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.

C. 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.

D. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. 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.

2. For any claims related to this project, the Bridging Architect/Engineer’s insurance coverage shall be primary insurance as respect s 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.

3. Any failure to comply with reporting or other provisio ns of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.

48 4. 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.

5. 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 r eceipt requested, has been given to the City.

E. 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.

F. Verification of Coverage: Bridging Architect/Engineer shall furnish the City with:

1. 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 in surer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.

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City of Pomona – Request for Proposal
Title, RFP No: 2024.14

49 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 2024-24

End of Page
City of Pomona – Request for Proposal
Title, RFP No: 2024.14

50 EXHIBIT “G”

REQUEST FOR PROPOSAL
NO. 2024-14

BRIDGING ARCHITECTURE DESIGN SERVICES FOR CITY OF POMONA

DOWNTOWN PARKING STRUCTURE

This Request for Proposal No. 2024-14 for Bridging Architectural Design Services for Downtown Parking Structure dated March 25, 2024 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.

City of Pomona – Request for Proposal
Title, RFP No: 2024.14

51 EXHIBIT “H”

APPROVED HOURLY RATES FOR DESIGN COSULTANTS

Position

Principal $310
Director $280
Associate Principal Project Director $270
Associate Director $260
Senior Project Manager $250
Project Manager $240
Senior Job Captain $220
Job Captain $210
Senior Designer $200
Staff Designer $190
Project Administrator $160
Administrator $140
Conditions Assessment $340
Legal Expert $470
Depositions $570
Litigation $690
Consulting Civil Engineer
Consulting Electrical Engineer
Consulting Mechanical Engineer
Consulting Structural Engineer

Approved Rate sheet to be inserted upon execution of Agreement

City of Pomona – Request for Proposal
Title, RFP No: 2024.14

52 EXHIBIT “I”

BRIDGING ARCHITECT / ENGINEERING TEAM PROPOSAL

RFP RESPONSE

To be inserted as part of the executed Agreement