FOR THE COUNCIL MEETING OF FEBRUARY 7, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: AWARD THREE PROFESSIONAL SERVICES AGREEMENTS FOR ON -
CALL ARCHITECTURE AND STRUCTURAL ENGINEERING
PROFESSIONAL SERVICES
RECOMMENDATION:
That the City Council adopt Resolutions to awarding Professional Services Agreements in the amount of $300,000 for on -call Architecture and Structural Engineering Professional to: 1) AGD Architecture Design; 2) Arcadis IBI Group; and 3) Omni Design.
BACKGROUND:
The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require technical assistance from Architecture and Structural Engineering firms. While the City employs Civil Engineers on staff, the City does not have a licensed Architect or Structural Engineer on staff and must hire outside consultants for these services. Having on -call consultants that can provide these services will allow the City to deliver these projects in a timely manner.
DISCUSSION:
On October 26, 2022, a Request for Proposal (RFP) was issued and advertised through the City website. In addition, notification emails were sent to fines who expressed interest in providing Architecture and Structural Engineering Services to the City. A total of six proposals were received on December 16, 2022.
Selection of the best -qualified firms was made in accordance with the City's Purchasing Guidelines. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals. After deliberations, the top three ranked firms chosen are as follows:
Firm and Location
1. AGD Architecture Design, San Luis Obispo, CA
2. Arcadis IBI Group, San Luis Obispo, CA
3. Omni Design, San Luis Obispo, CA
The proposed Professional Service Agreements would be managed by the Engineering Division, and on -call architecture and structural engineering services would also be made available to other Departments for funded projects.
Individual project task orders will be issued based on the firm's expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of work,
implementation schedule, and maximum fee arrangement negotiated on a project -by - project basis.
Environmental Determination
The City of Santa Maria determined that the proposed action is not a project as defined by the Califomia Environmental Quality Act (CEQA)(CCR, Tide 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
Fiscal Considerations
Fees for On -Call Architecture and Structural Engineering Services will be based on a project -by -project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by City Council. The City is under no obligation to expend any funds under these professional services agreements.
Alternatives
The City Council may decide to not award these Architecture and Structural Engineering Professional Services Agreements and direct staff to issue RFP's for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Architecture and Structural Engineering Services are required to augment City staff. Further, having pre -approved, on -call, as -needed firms readily available will allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.
///
///
Other Agency Review
No other agency review is necessary or anticipated.
BRETT FULL
Director Public Works
Attachments:
A. Professional Services Agreement to AGD Architecture Design B. Professional Services Agreement to Arcadis IBI Group C. Professional Services Agreement to Omni Design
2 AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Architecture and Structural Engineering Professional Services This Agreement is made on February 7, 2023, by and between Andrew Goodwin Designs a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) year, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On -call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
3.05 Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR's Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement 2 Atty. Rev. 2021
with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Andrew Goodwin Designs
Attn: Andrew Goodwin, AIA
2050 Parker Street
San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part 3 Atty. Rev. 2021
of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor 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. The Director's determination is on file and open to inspection at www.dir.ca.gov 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.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
ANDREW GOODWIN DESIGNS, A CITY OF SANTA MARIA, a political California Corporation subdivision of the State of California By: ANDREW GOODWIN, AIA By: JASON STILWELL
Partner City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
4 Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
Atty. Rev. 2021
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Consultant coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
Atty. Rev. 2021
EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Atty. Rev. 2021
AGD
ARCHITECTURE I DESIGN
ANDREW GOODWIN DESIGNS
DESIGN 1 ARCHITECTURE 1 PLANNING
RATE SCHEDULE SHEET - 2023
OFFICE RATES AND BILLING PROCEEDURES
(For Additional Work beyond Efforts as Described in Project's Scope Of Work) Effective 01/01/2023
EMPLOYEE RATES (1/2 hour min.)
Principal/ Stamping Architect $185.00
Senior Project Manager/Principal $135.00
Project Monager/Senior Designer $110.00
Associate Designer $90.00
Rendering and Visualization $90.00
Clerical $75.00
Accountant $50.00
MILEAGE RATE $ 0.62.5 a mile
REPRODUCTION COSTS
Reproduction/Copies
Larger Format Printing
CONSULTANT FEES
$ 0.75 (81/2 x11 -12x18)
Actual Invoice
The fees charged by all consultants used by our company will be charged at the actual cost plus 10% to cover overhead and administrative expenses.
BILLING AND PAYMENTS
Billing will be made on a monthly basis unless arranged otherwise. Payments are due and payable on presentation. Interest payments at the rate of 2% per month will be charged on balances which are more than 30 days past due.
IN BALANCE GREEN CONSULTING (RATES)
Principal LEED AP: $160/hour
Principal Energy Analyst: $160/hour
LEED PM/Analyst $130/hour
Tech $110/hour
Atty. Rev. 2021
o -, , 4:9 s l
■ m
i imS4.4
STRUCTURAL
SAN LUIS OBISPO 1 PASADENA 1 SANTA BARBARA 1 NORTHERN CA 684 CLARION COURT
SAN LUIS OBISPO, CA 93401
805.547.2000
RATE SCHEDULE
July 1, 2022
To Our Clients:
The following is a list of our hourly rates (fee schedule), effective through July 1, 2023.
Hourly Rates:
Principal Engineer, S.E. $250.00
Principal Engineer $220.00
Project Manager $195.00
Senior Engineer $165.00
Project Engineer $140.00
Junior Engineer / CAD Tech. $110.00
Administrative $ 85.00
If you require further detail or clarification, or for our legal consulting fees, please do not hesitate to contact our office.
Respectfully submitted,
T&S STRUCTURAL
Vi&L 41\ /90k
Michelle M. McCovey-Good, P.E.
Principal & CEO
CA License No. C65495
Atty. Rev. 2021
800.579.3881
PAGE 1 OF 1
WALSH
ENGINEERING
2023 HOURLY RATES & REIMBURSABLES
ENGINEERING DEPARTMENT
Position Regular Hourly Rates*
Principal Engineer 155.00
Senior Project Engineer 145.00
Associate Project Engineer 135.00
Project Engineer 125.00
Senior Design Engineer 110.00
Associate Design Engineer 95.00
Design Engineer 85.00
Senior Design Drafter 65.00
Associate Design Drafter 55.00
Design Drafter 44.00
OPERATIONS DEPARTMENT
Position Regular Hourly Rates*
Principal Operations Manager 75.00
*Work requests ordered by the Client that require overtime hours or double time hours, which are beyond the control of the Consultant, will be furnished as additional services to cover the premium portion of the overtime hourly rates in excess of the regular hourly rates shown above to cover increased costs associated with overtime and double time labor laws.
Hourly rates may be adjusted by up to 10% on an annual basis in June in order to accommodate inflation and increases in operating costs.
REIMBURSABLE EXPENSES
Description
Rate
Outside Services Actual Cost + 10%
Cost of services and expenses charged to Walsh Engineering by outside consultants, professional or technical firms engaged in connection with the protect.
Printing and Mailing Actual Cost
Printing and mailing costs charged to Walsh Engineering by outside commercial printers and shipping companies engaged in connection with the project.
Processing Fees Actual Cost
Local agency processing fees, title company fees, recording fees, other miscellaneous fees, travel, mileage, and per diem paid by Walsh Engineering for processing of the project.
WALSHENGINEERING.NET (805)319-4948
1108 GARDEN STREET, SUITE 202-204 SAN LUIS OBISPO, CA 93401 Atty. Rev. 2021
ECE
GRAY ELECTRICAL CONSULTING • ENGINEERING. CORP
2022 GECE Rate Schedule - EngineeringServices
Engineering
Professional Electrical Engineer
$200
Expedited Professional Electrical Engineering Services
$300
Sr. Electrical Designer
$173
Electrical Designer
$146
Drafting
Sr. Electrical Drafting Technician (3-D Modeling for Electrical Systems) $127
Electrical Drafting Technician
$109
Project Management/ Protect Controls/ Administrative
Utility Coordinator
$152
Electrical Project Manager
$146
Project Controls
$125
Secretarial
$79
Equipment/ Services
Reproduction, Postage, and Shipping
Cost
Airfare, Lodging, and Travel Expenses
Cost
Subcontracted Services
Cost
Application Filing Fees
Cost
Mileage
$0.625 / mile
AutoCAD File Issuance (As Built Purposes), 30 sheets
$63 / sheet
Overtime, double-time, and expedited rates may apply. Engineering services rates are subject to change by GECE every 24 -month period on the anniversary of the execution date of this proposal.
Gray Electrical Consulting + Engineering, CORP
2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525
E-mail: [email protected]
IjPage
Atty. Rev. 2021
3C I ENGINEERING
Hourly Rate Schedule
Position 2022 2023 2024
Principal $185.00 $195.00 $205.00
Mechanical/Plumbing Engineer $135.00 $145.00 $145.00
Commissioning Services $125.00 $125.00 $135.00
Energy Analyst $115.00 $125.00 $125.00
DDC Technician $145.00 $155.00 $165.00
Drafter $85.00 $85.00 $95.00
Support Staff/Admin $75.00 $75.00 $75.00
Overtime
When applicable, will be invoiced at 1.5 times the billing rate for standard overtime, and 2.0 times the billing rate for Holidays and Sundays.
Invoices
Invoices will be sent reflecting time spent to the nearest 15 minutes (0.25 hour) and will include travel time.
Atty. Rev. 2021
t 805 540 3363 e W W W.3CENG.COM 9 1500 PALM ST. SAN LUIS OBISPO, CA 93401
APPENDIX A
2022 HOURLY RATES
POSITION HOURLY RATE
Principal / Senior Cost Manager $145.00
Cost Manager $130.00
Associate / Quantity Surveyor $115.00
PRECISION
ESTINATINC sEHVICEs
Atty. Rev. 2021
3480 S Higuera, Suite 130
San Luis Obispo, CA 93401
Phone 805 995 4195
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract 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 Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
Atty. Rev. 2021
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2021
AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Architecture and Structural Engineering Professional Services This Agreement is made on February 7, 2023, by and between Arcadis IBI Group, a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) year, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On -Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
3.05 Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR's Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement 2 Atty. Rev. 2021
with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Arcadis IBI Group
Attn: Andrew Goodwin, AIA
2050 Parker Street
San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part 3 Atty. Rev. 2021
of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor 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. The Director's determination is on file and open to inspection at www.dir.ca.gov 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.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
ARCADIS IBI GROUP, A California CITY OF SANTA MARIA, a political Corporation subdivision of the State of California
By: RICK MELLO, AIA By: JASON STILWELL
Principal City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
4 Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
Atty. Rev. 2021
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Consultant coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
Atty. Rev. 2021
EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Atty. Rev. 2021
HOURLY RATES
Hourly Rates
PERSONNEL
HOURLY
RATES
Architectural- Arcedls 181 Group
ail
Director I Senior Principal Architect
Senior Project Manager
$275
$204
Thank you and your staff at the City of Santa
Maria for this opportunity to propose for your
on -call Architectural and Structural projects.
We hope our submission and qualifications have
conveyed our interest in being part of your team
and community. We understand that fees are
always a consideration, and we have made our
best attempt to provide the following as a starting
point for your team's evaluation. Within our
recent experience, we have found we can achieve
higher quality services to negotiate fees with our
Project Manager $150 clients based on our qualifications and expertise.
Through this approach, we can discuss desired
Senior Project Architect 8175 goals, objectives, schedule, and deliverables needed and tailor the fees to suit your scope. In
Project Architect $150 the meantime, we are providing our hourly rates for each category of employee, with expenses
Senior Project Designer $165 to be billed as direct costs for reproduction of Job Captain $120
drawings, parking, etc.
BIM I CAD Manager $105 Thank you again for your consideration and please feel free to contact us with any additional
BIM ICAD Operator ll $95 questions.
BIM I CAD Operator! $85
Specification Writer $150
Ilo, AIA
Shane Maples,
Senior Interior Designer $125 Luis Obispo Office Project Manager Principal
Interior Design Lead $140
Administration Support $75
Consultants rate schedules are available upon
request.
Atty. Rev. 2021
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract 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 Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
Atty. Rev. 2021
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2021
AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Architecture and Structural Engineering Professional Services This Agreement is made on February 7, 2023, by and between Omni Design Incorporated, a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) year, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On -Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR's Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement 2 Atty. Rev. 2021
with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Omni Design Incorporated
Attn: Suzanne Winslow
1326 Chorro Street
San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part 3 Atty. Rev. 2021
of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor 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. The Director's determination is on file and open to inspection at www.dir.ca.gov 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.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
OMNI DESIGN, A California Corporation CITY OF SANTA MARIA, a political subdivision of the State of California
By: THOMAS G. REAY, AIA By: JASON STILWELL
Principal City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
4 Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
Atty. Rev. 2021
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Consultant coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
Atty. Rev. 2021
EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Atty. Rev. 2021
ODI
Cal y Mayo) Group
OMNI DESIGN
INCORPORATED
Architectuie I Engineering I Surveying
ON -CALL ARCHITECTURE
PROFESSIONAL DESIGN SERVICES
FEE SCHEDULE AND
BILLING TERMS
for the
City of Santa Maria
Submitted by:
OMNI DESIGN INCORPORATED
1326 Chorro Street
San Luis Obispo, California 93401
ism
December 15th, 2022
Atty. Rev. 2021
FEE SCHEDULE
PROFESSIONAL & ADMINISTRATIVE SERVICES
ODI
OMNI DESIGN
INCORPORATED
/itch (*.lute fol., "ee.iny I Sutveymy
PER HOUR
Principal, Licensed Engineer, Architect, Land Surveyor $195 Project Manager/Architect $170
QSD & QSP Storm Water Design & Inspection $170
Designer/Office Surveyor/Permit Processor $140
Draftsperson $130
Clerical $85
Expert Witness/Court Appearances $300
FIELD/SITE SERVICES PER HOUR
Field Monitoring Services $170
1 -Person GPS/Robot/Field Survey Crew $160
2 -Person Survey/GPS/Field Survey Crew $240
2 -Person Prevailing Wage Survey/GPS/Field Survey Crew $375 Minimum field survey time shall be four (4) hours.
Standard Mileage rate is .56 per business mile.
PRINTING CHARGES/UNIT COST EACH
24X36 Bond Plots
30x42 Bond Plots
8.5x11 Copies
11x17 Copies
Mylar Plot
$5.00
$7.50
$0.25
$0.50
$10.00
All bills are due and payable upon receipt, past due after (30) days from date of invoicing.
A finance charge of 1.5% per month (18% annum) will be assessed on all balances that are thirty days past due.
Atty. Rev. 2021
BILLING TERMS
Notes:
ODI
OMNI DESIGN
INCORPORATED
A,Un,r(Iu a cny ' e..ny I Sur:er�ng
• The attached fee schedule identifies hourly rates and are no higher than Omni Design Inc's standard commercial rates for the same services. • The attached fee schedule may be used as a basis of negotiation with the successful consultant.
• No "mark-up" will be allowed for direct costs.
• If applicable, per diem shall be billed at a maximum of the GSA rate and mileage shall be billed at the IRS mileage rate in place at the time of billing. No "mark-up" will be allowed for per diem or mileage.
• Sub -consultant services are to be billed at cost plus ten percent (10%) maximum.
• Maximum Billing Amount. Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum "not -to - exceed" cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.
Invoice procedures:
• Payment shall be at the conclusion of the Assigned Task based on the billable charges.
• The Contractor shall present the bill for charges by the second day of the month. • The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
Atty. Rev. 2021
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract 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 Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
Atty. Rev. 2021
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2021