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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
WESTGROUP DESIGNS, INC.
Architectural Design Services for Modification of Existing Industrial Building Into Individual Room Housing and Related Support/Administration for Homeless Housing. 2800 Hulen Place, Riverside, CA 92507 (RFP No. 2182)
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement'") is made and entered into this _ day of _ 2022 ("Effective Date"), by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and WESTGROUP DESIGNS, INC., a California corporation ("Consultant").
1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A," "Scope of Services" ("Services"), attached hereto and incorporated herein by reference, in conjunction with Architectural Design Services for Modification of Existing Industrial Building Into Individual Room Housing and Related Support/Administration for Homeless Housing. 2800 Hulen Place, Riverside, CA 92507 (RFP No. 2182) ("Project").
2. Term. This Agreement shall be effective on the date first written above and shall remain in effect one year from date of execution of Agreement, unless otherwise terminated pursuant to the provisions herein. Upon the mutual agreement of the parties, the term of this Agreement may be extended for up to one year.
3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed Two Hundred Fifty-Nine Thousand One Hundred Twenty-Three Dollars ($259,123), payable in accordance with the terms set forth in Exhibit "B." Said payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof.
4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited foth United States Mail, certified and postage prepaid, addressed to the party to be served as To City To Consultant
General Services Department Westgroup Designs, Inc.
City of Riverside Attn: Joshua Smith
Attn: Robert Wise 19520 Jamboree Rd, Suite 100
3900 Main Street Irvine, CA 92612
Riverside, CA 92522
5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside.
The Director's determination is available on-line at
www.dir.ca.gov/dlsr/DPreWageDetermination.htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Department Director to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator.
Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.
Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "C" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval.
Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledges that any assignment may, at the City's sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Consultant acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or mployde orkers rotore sad a or une Cloymen in as an ete pendula co otator, salambs responsible for any and all taxes that apply to Consultant as an employer. 2 11. Indemnification.
11.1 Design Professional Defined. For purposes of this Agreement, "Design Professional" includes the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
11.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to promptly defend the City, and the City's employees, officers, managers, agents and council members (collectively the "Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonable defense costs for claims arising out of Consultant's professional negligence based on the percentage of Consultant's liability. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
11.3 Indemnity For Design Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall indemnify, protect and hold harmless the City and the City's employees, officers, managers, agents, and Council Members ('Indemnified Parties") from and against any and all claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fines and penalties, 3 liabilities or losses of any kind or nature whatsoever to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party.
11.4 Defense Obligation For Other Than Design Professional Liability.
Consultant agrees, at its cost and expense, to promptly defend the City, and the City's employees, officers, managers, agents and council members (collectively the "Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employed by or working under the Consultant, or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whether or not such claims, allegations, lawsuits or proceedings have merit or are meritless, or which involve claims or allegations that any or all of the Parties to be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damage or injury.
Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
11.5 Indemnity For Other Than Design Professional Liability. Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant.
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 4 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense.
12.2 Workers' Compensation Insurance. By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Consultant shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant.
The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies.
12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.
12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability 5 insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles.
12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
12.3.4 The insurance policy or policies shall also comply with the following provisions:
a. The policy shall be endorsed to waive any right of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.
12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Consultant's activities.
12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 6 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this Agreement.
15. City's Right to Employ Other Consultants. City reserves the right to employ other consultants in connection with the Project. If the City is required to employ another consultant t omplete Consultant's work, due to the failure of the Consultant to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.
16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City.
18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City.
Consultant shall not release to others information furnished by City without prior express written approval of City.
19. Copyrights. Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right, title and interest in the copyright in such work, and all extensions and renewals thereof, to City, and agrees to provide all assistance reasonably requested by City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at City's expense but without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications.
7 20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "C," represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit "C" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing.
Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.
24. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.
25. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 26 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City.
25.1 Other than as stated below, City shall give Consultant thirty (30) days' prior written notice prior to termination.
8 25.2 City may terminate this Agreement upon fifteen (15) days' written notice to Consultant, in the event:
25.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
25.2.2 City decides to abandon or postpone the Project.
26. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
28. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court, County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that each party will bear their own attorney's fees and costs.
29. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
30. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 9 31. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
33.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise.
33.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.
33.3 In the event of a conflict between the body of this Agreement and Exhibit"A" - Scope of Services hereto, the terms contained in Exhibit "A" shall be controlling.
34. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit "A" - Scope of Services
Exhibit "B" - Compensation
Exhibit "C - Key Personnel
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California WESTGROUP DESIGNS, INC. charter city and municipal corporation a California corporation By:
By:
PariSima Hassani
City Manager
[Printed Name]
CEO & Managing Principal
[Title]
Attest:_
City Clerk
Certified as to Availability of Funds:
Joshua
By: Whitalh [Printed Name]
for Chief Financial Officer Architect | C32284 | Project Manager Director [Title]
Approved as/to Førm:
that
By:
Ruthann M. Salera
Deputy City Attorney
IlRc-citylawlcycom|WPDOCS\D024\P036\00684323.DOC
22-1848 RMS/ta 10.24.22
11 EXHIBIT "A"
SCOPE OF SERVICES
WO WESTGROUS
| S
architecture | planning | interior design | branding
September 21, 2022_rev
City of Riverside
Finance-Purchasing Division For:
General Services Department
8095 Lincoln Avenue
Riverside, CA 92504
RE: Architecture-Engineering Design Services for Modification of Existing Industrial Building Into Individual Room Housing and Related Support/Administration for Homeless Housing.
2800 Hulen Place, Riverside, CA 92507
Dear General Services Department,
Westgroup Designs, Inc. (WD) is pleased to submit the following proposal for Architectural / Engineering / Interior Design services for the above referenced project per the scope of services found in RFP NO. 2182 For the City of Riverside and Riverside University Hospital System (Client) as described below. We look forward to partnering with you to deliver and optimal space that reflects the vision, mission, and goals of your company, staff, and clients you serve.
1.0 THE PROJECT UNDERSTANDING -SCOPE OF SERVICES
1.1 The project consists of documentation for the complete remodel of the existing 8,760 Total Square foot facility to include:
a. Demolition and Interior Re-build of the 4,680 SF industrial tilt-up building constructed in 1994, located at 2800 Hulen Place and expand the space into an adjacent warehouse for a total of 8,760 SF To provide minimum 33 private bedrooms to provide housing to homeless individual who either have home connections via the coordinated entry system or are living in the surrounding area. b. Analysis of the current facility, supplementing any documentation/design drawing needed to develop construction document, conduction research for all applicable federal, state and local codes for the residential modification of the industrial space.
c. Meeting with the City and appointed stakeholders prior to schematic design before and after Design Development\, completing Construction Documents through the permitting process and providing bidding support.
d. Construction Administration through the completion of the project e. Completing the scope of Services as shown in Exhibit "A" of the RFP.
1.2 Per our understanding of the project, WD will provide the following requested services listed below in Section 2.0, 3.0, 4.0, and 5.0. upon approval of this proposal.
1.3 Scope of work noted is based upon direction to date. Should scope of work be modified during the process, this proposal will be adjusted accordingly.
We Design. We Deliver. We Drive Change.
19520 Jamboree Rd | Suite 100 | Irvine, CA 92612 | p 949.250.0880 | f 949.250.0882 | web westgroupdesigns.com
2.0 SITE ANALYSIS and PRE-DESIGN
2.1 WD understands that as-built documents are not available and assumes that design drawings are also not available in an AutoCAD format for architectural, MEP and structural. WD and consultants will perform a one-day field verification of existing conditions WD will coordinate a scheduled time with the City PM for these activities.
2.2 WD will prepare a scaled building set including demolition, construction, reflected ceiling, power/data/equipment and finish plans in Revit (BIM software), with all walls, door/window penetrations, and core components for use in developing a detailed space plan for use in occupancy calculations and preliminary engineering coordination.
2.3 Wd Will meet with the City and Stakeholders to formulate a preliminary Concept Drawings based on the needs of the project.
3.0 SCHEMATIC DESIGN, DESIGN DEVELOPMENT AND CONSULTANT COORDINATION
3.1 WD will prepare one "look and feel" digital presentation to reflect an approved concept.
One round of minor revisions is included. Further changes will be provided as Additional Services.
3.2 Based upon the approved Schematic Design scope of work with approved preliminary budget pricing, if applicable, WD will proceed with Design Development, to incorporate the design concept and intent, coordinate with the consulting engineers, to prepare documentation to fix and describe the character of the architecture and interior design of the project including both functional and aesthetic components. One minor round of revisions included. Further changes will be provided as Additional Services.
3.3 WD will provide background floor plans to Client's equipment dealer for their use in planning site-specific installation documents with the Client and coordination with the A/E design team. The site-specific equipment installation drawings will not be part of WD's permit package.
3.4 Design will be conveyed in plans, elevations, details or graphically, as deemed appropriate for communicating the information, along with samples of finish materials.
3.5 WD will coordinate with our consultants for preparation of their preliminary systems and equipment progress documentation.
3.6 WD will issue Design Development package for client review and approval.
4.0 CONSTRUCTION DOCUMENTS
Based upon the approved Design Development package, WD will prepare the Construction Documents which include drawings, specifications, and other documents setting forth in detail the requirements for the fabrication, procurement, and installation of the project for Client approval. As this documentation reflects the approved design intent and scope of work, changes to approved design, which require documentation, will be provided as Additional Services.
Construction Documentation includes, but is not limited to: cover sheets, general notes, site and path of travel plans, demolition plan, construction floor plan, power and data We Design. We Deliver. We Drive Change.
19520 Jamboree Rd | Suite 100 | Irvine, CA 92612 | p 949.250.0880 | f 949.250.0882 | web westgroupdesigns.com
location plan, ceiling/lighting plan, elevations, related details, sections, finish plans, schedules, and specifications.
4.3 WD will coordinate the architectural Construction Documents with our retained consultants, including mechanical, electrical, plumbing, and structural engineering (if required), as well as an equipment plan (site specific-installation drawings prepared by others) and will review the complete package with your team for final approval.
4.4 WD will submit the approved complete set of construction documents to the government agencies having jurisdiction (City of Riverside Building Department, City of Riverside Fire Department, Health Department and any other agencies having jurisdiction) over the project for plan check and permit issuance. WD will address plan check comments from the initial plan check and from backcheck #1 related to scope of work and resubmit if required. If further submittals or documentation are required beyond the original scope of work, these will be provided as an additional service.
5.0 BIDDING SERVICES
5.1 WD will work with and advise the City and Stakeholders during their bidding process and answer any questions from contractors bidding the work.
6.0 CONSTRUCTION ADMINISTRATION
Upon issuance of the permits, and approval of pricing, WD will provide basic services for the Construction Phase of the project for the duration of the construction, estimated to be 24 weeks, scope of work noted below.
6.2 WD will participate in phone and electronic (e-mail) correspondence with all team members throughout project schedule as required.
6.3 WD senior design and/or senior technical leadership to participate in a one-hour weekly conference call during construction for 24 weeks, coordinating with Contractor, consultants, engineers and Client team members. (5) site visits/meetings during construction will be provided. Additional on-site construction meetings, weekly calls, site walks, coordination, or documentation not associated with specific RFI issues, will be provided as an additional service.
6.4 WD shall participate in (1) final site visit for Punch Walk and prepare (1) punch list.
Additional punch walks are available as an additional service.
6.5 WD will review specification/re-selection/approval of fixtures/finishes substitutions as required due to schedule or another field issue.
6.6 WD shall review and return or take other appropriate action upon Contractor's submittals, including but not limited to: Requests for Information, review of Shop Drawings, Product Data, and Finish Samples. Reviews shall be for the purpose of checking for conformance with information given, and the design concept expressed in the Contract Documents.
7.0 CLOSE OUT
7.1 WD will provide asssitance to close out all inspections, punch list development and approval.
We Design. We Deliver. We Drive Change.
19520 Jamboree Rd | Suite 100 | Irvine, CA 92612 | p 949.250.0880 | f 949.250.0882 | web westgroupdesigns.com
COMPENSATION
Fee is based upon previously approved scope as documented in RFP NO.2182, plus retained consultants. Should client request to revise design or scope direction during the process, work already completed by Westgroup Designs and it's retained consultants, will be billed as time spent, reflecting the "percentage complete". Changes to approved scope of work with associated fee, including Value Engineering, will require a revised proposal to be prepared for client review and approval.
The following professional services are to be billed monthly, as percent phase complete:
Architectural and Interior Design Services:
Site Evaluation and Analysis 3.00% $3,335.00
Schematic Design/ Design Development 26.00% $28,902.00
Construction Documentation 45.00% $50,023.00
Bidding 3.00% $3,335.00
Construction Administration 20.00% $22,233.00
Furniture Coordination 3.00% $3,335.00
Sub-total AR/INT Fee: 100,00% $111,163.00
Engineering Fees (to be executed and billed at similar percentages):
Mechanical/Electrical $57,115.00
Structural $10,000.00
Estimating $17,500.00
Kitchen Consultant $12,500.00
Civil Engineering $9,800.00
Landscape $9,300.00
Sub-total Engineering Fee: $116,215.00
Other Services that will be Needed:
Fire Sprinkler (complete design if not design build) $6,745.00 Structural Building Analysis (no Seismic $18,000.00
restoration)
Survey (if not by the City) $7,000.00
Sub-total Other Services Fee: $31,745.00
Total A/E Professional Services Fee: $259,123.00
We Design. We Deliver. We Drive Change.
19520 Jamboree Rd | Suite 100 | Irvine, CA 92612 | p 949.250.0880 | f 949.250.0882 | web westgroupdesigns.cor
CONDITIONS AND EXCLUSIONS
• Excluded is any scope of work or services not specifically listed above, including, but not limited to additional scope, documentation or preparation of existing base building plans, presentation boards, FFE selection, engineering not specifically listed in this document.
• Excluded work is available as an Additional Service.
• Barrier-free and ADA upgrades as required for the improvements are part of WD Scope, but site work and site design other than noted above is not included. • Existing electrical, telecom/data, domestic water, natural gas, utility services are assumed to have adequate capacity to serve the areas included in the scope of this work. Utility services upgrades are not included in scope and fee. • The existing water and sewer systems to utility connections are known to be inadequate and will be included in the scope of work/fees to be analyzed by the Mechanical Engineer and documented by the Civil Engineer • The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. In the event the Architect or any other party encounters any hazardous materials, or should it become known to the Architect that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of the Architect's services, the Architect may, at its option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the Owner retains appropriate consultants or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. Architect shall not be responsible for locating or abating any hazardous materials. • Additional services including or related to anything not specifically noted or included in this proposal; additional Client desires, requests or conditions which necessitate WD activities; which translate to time expended. Consideration and activities that would come under this category include, but are not limited to:
• Revisions to Drawings, Specifications or other documents when such revisions are inconsistent with approvals or instructions previously given by the Client, including revisions made necessary by adjustments in the program or project budget.
As an Additional Service in connection with Change Orders and Construction Change Directives, WD will prepare drawings, specifications, and other documentation and data, provide any other services made necessary by such Change Orders and Construction Change Directives.
• Additional Services shall be authorized or confirmed in writing by the Client prior to work being performed
• In the event of Termination, Suspension or Abandonment of the project, Westgroup Designs shall be equitably compensated for services performed.
We Design. We Deliver. We Drive Change.
19520 Jamboree Rd | Suite 100 | Irvine, CA 92612 | p 949.250.0880 | f 949.250.0882 | web westgroupdesigns.com
Failure of the Client to make payments in accordance with this Agreement shall be considered substantial nonperformance and is sufficient cause for Westgroup Designs to either suspend or terminate services. Either the Client or Westgroup Designs may terminate this Agreement after giving no less than seven (7) days written notice if the other party substantially fails to perform in accordance with the terms of this Agreement
SUMMARY
This proposal is based on our understanding of the project scope of services developed to date.
If the Scope of Services for this project is altered, this proposal shall be adjusted accordingly to the mutual satisfaction of both the Client and Westgroup Designs.
Sincerely,
PariSima Hassani
CEO & Managing Principal
Westgroup Designs, Inc.
We Design. We Deliver. We Drive Change.
19520 Jamboree Rd | Suite 100 | Irvine, CA 92612 | p 949.250.0880 | f 949.250.0882 | web westgroupdesigns.com EXHIBIT "B"
COMPENSATION
COMPENSATION
Fee is based upon previously approved scope as documented in RFP NO.2182, plus retained consultants. Should client request to revise design or scope direction during the process, work already completed by Westgroup Designs and it's retained consultants, will be billed as time spent, reflecting the "percentage complete". Changes to approved scope of work with associated fee, including Value Engineering, will require a revised proposal to be prepared for client review and approval.
The following professional services are to be billed monthly, as percent phase complete:
Architectural and Interior Design Services:
Site Evaluation and Analysis 3.00% $3,335.00
Schematic Design/ Design Development 26.00% $28,902.00
Construction Documentation 45.00% $50,023.00
Bidding 3.00% $3,335.00
Construction Administration 20.00% $22,233.00
Furniture Coordination 3.00% $3,335.00
Sub-total AR/INT Fee: 100,00% $111,163.00
Engineering Fees (to be executed and billed at similar percentages):
Mechanical/Electrical $57,115.00
Structural $10,000.00
Estimating $17,500.00
Kitchen Consultant $12,500.00
Civil Engineering $9,800.00
Landscape $9,300.00
Sub-total Engineering Fee: $116,215.00
Other Services that will be Needed:
Fire Sprinkler (complete design if not design build) $6,745.00 Structural Building Analysis (no Seismic $18,000.00
restoration)
Survey (if not by the City) $7,000.00
Sub-total Other Services Fee: $31,745.00
Total A/E Professional Services Fee: $259,123.00
We Design. We Deliver. We Drive Change.
19520 Jamboree Rd | Suite 100 | Irvine, CA 92612 | p 949.250.0880 | f 949.250.0882 | web westgroupdesigns.com EXHIBIT "C"
KEY PERSONNEL
Joshua Smith
Company Personnel
WD promotes an internal culture design focus, keeping WD on the leading edge of design and delivery solutions.
of collaboration, mentorship and
TECHNICAL LEAD, CRAIG WHITRIDGE, AIA
knowledge-sharing so lessons ARCHITECT #C23230) Craig has over 36 years of experience in the field of architecture and has worked
learned are passed onto others
on various projects in both public and private sectors. and incorporated in to best He pays close attention to the project's progress in regard to time, cost and quality and ensures the client's practices and future projects. expectations are understood and implemented. His dedication to quality and attention to detail has earned PRINCIPAL-IN-CHARGE, SHAZAD GHANBARI, him praise from building owners and operators on PH.D, AIA INT Shazad is responsible for overall many projects. As Director of Project Delivery, Craig is project direction and coordination on behalf of WD, responsible for assuring the quality and consistency of committing firm resources and talent as required to architectural documentation and implementing Quality meet your project goals and objectives throughout the Management protocols at every phase. project.
PROJECT DESIGNER, KENNETH ONG. AIA, LEED
SR PROJECT MANAGER, DAVID J. SMITH, AIA, AP, ARCHITECT #C32255) Kenneth brings over NCARB, CSI (LICENSED CA ARCHITECT #C20495) three decades of professional experience as well as Principals play a key role in understanding your an impressive body of work, which includes civic, needs and stay involved throughout the life of any international high-rise projects as well as mixed-use project to assure we're exceeding your expectations. retail, commercial office and academic buildings. In We dedicate a principal to each of our clients to
every project, Kenneth strives to provide thoughtful
serve as the primary liaison. David has over 35 years and sound design solutions that remain attentive of experience in the field of architecture and has and responsive to the client, context and end-users. worked on various projects in both public and private Kenneth's projects have won numerous awards from sectors. He pays close attention to the project's the American Institute of Architects, Urban Land progress in regard to time, cost and quality and Institute, PCBC Gold Nugget, National Trust for Historic ensures the client's expectations are understood and Preservation, Coalition for Adequate School Housing and implemented Savings by Design.
PROJECT MANAGER, JOSHUA SMITH, AIA, LEEP
CONTACT NUMBERS & APPROACH
BD+C, (LICENSED CA ARCHITECT #C32284) is
responsible for technical architectural oversight of The staff above can be contacted on T. 949.250.0880. documentation and construction administration, Our approach to staffing your projects is characterized including design documentation, coordination with by the following five commitments:
sub-consultants, code analysis, ADA compliance, PRINCIPAL POINT-OF-CONTACT - Principals play a specifications and quality control. Joshua is key role in understanding your needs and stay involved responsible for maintaining the Building Information throughout the life of any project to assure we're Model, including technology coordination with sub- exceeding your expectations. We dedicate a principal consultants. to each of our clients to serve as the primary liaison. To address client satisfaction from day one, our Principal- PROJECT ARCHITECT, JON FREEBERG, AIA, LEED in-Charge, Sima Hassani, CID, NCIDQ, IIDA, will have a AP BD+C (LICENSED CA ARCHITECT #C38190). key role in developing an initial understanding of your As Project Architect and Director of Sustainability,
goals and objectives. She will periodically meet with you Jon's expertise combines his comprehensive project to develop and maintain a performance "scorecard" and knowledge across multiple market sectors and project make whatever changes might be necessary to assure types. He leads both new construction and renovation
that we not only meet but exceed your expectations.
projects with a focus on solid communication, team
efficiency and maintaining the client's vision along the SENIOR LEADERSHIP PARTICIPATION - Experience way. Having completed several progressively designed underwrites the ability to lead multiple, diverse and buildings, one receiving LEED Platinum Certification, complex projects under an on-call contract. Our core Jon guides the Firm's energy and environmental management and design teams are led by senior-level WO professionals (20-40 years of experience each) who
leverage lessons learned to foresee challenges and guide projects toward successful outcomes. We are committed to active leadership and participation of senior staff on all of our projects regardless of size or scope.
CONTINUITY OF PROJECT MANAGEMENT Leadership is essential to monitor and measure that "actual" results are consistent with "planned" results. We assign a Project Manager to each project who is committed for the life of the project and will manage the process from project kickoff through close-out.
APPROPRIATE SELECTION OF TEAM MEMBERS We carefully select and assign team members to each project, aligning client goals and project needs with staff availability and expertise. With a staff of 30, Westgroup Designs has accomplished architects, designers, planners and consultants to dedicate to you.
Our team is ready to begin working on your projects immediately.
DEDICATED QUALITY MANAGEMENT TEAM - Our Quality Management program is led by our Director of Production, Craig Whitridge, AlA, who brings more than 36 years of architectural production expertise to every project. Craig assures that all documentation is consistent and presented in a logical and clearly understandable manner.
CITY OF
RIVERSIDE
SHAZAD GHANBARI, PH.D, AIA INT. PARISIMA HASSANI, ASSOC. AIA, IIDA, CID Principal-in-Charge CEO + Managing Principal
DAVID J. SMITH, AIA,CSI, NCARB
Senior Project Manager
(Project Point of Contact)
JOSH SMITH, AIA, LEED AP BD+C JON FREEBERG, AIA, LEED AP BD+C Project Manager Project Architect
SADE COR
SPEE 22CLN8 ECHE ADMIN
WD offers strength and stability, and we are ready to begin work for you immediately. We bring you a uniquely qualified team. WD's team are recognized experts in delivering transformational experiences that promote collaboration, high-performance, efficiency, and optimal function. 17