FOR THE COUNCIL MEETING OF FEBRUARY 21, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: AWARD FOR ON -CALL LANDSCAPE ARCHITECTURE AND SITE
DESIGN PROFESSIONAL SERVICES
RECOMMENDATION:
That the City Council adopt Resolutions awarding Professional Services Agreements in the amount of $300,000 for on -call Landscape Architecture and Site Design Professional Services to: 1) BMLA, Inc., and 2) Omni Design, Inc.
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 Landscape Architecture firms. While the City employs Civil Engineers on staff, the City does not have licensed Landscape Architects 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 December 12, 2022, a Request for Proposal (RFP) was issued and advertised through the City website. In addition, notification emails were sent to firms who expressed interest in providing Landscape Architecture and Site Design Services to the City. A total of five proposals were received on January 13, 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 two ranked firms chosen are as follows:
Firm and Location
1. BMLA, Inc., Corona, CA
2. Omni Design, Inc., San Luis Obispo, CA
The proposed Professional Service Agreements would be managed by the Engineering Division, and on -call Landscape Architecture and Site Design 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 California Environmental Quality Act (CEQA) (CCR, Tdle 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 Landscape Architecture and Site Design 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 Landscape Architecture and Site Design 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 Landscape Architecture and Site Design 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 FULGONI
Director Public Works
Attachments:
a. Professional Services Agreement to BMLA, Inc.
b. Professional Services Agreement to Omni Design Incorporated 2 AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Landscape Architecture and Site Design Professional Services This Agreement is made on February 21, 2023, by and between BLMA Inc., 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 design 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. Contractors 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:
BMLA, Inc.
Attn: Baxter Miller
310 North Joy Street
Corona, CA 92879
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.
BLMA, Inc. A California Corporation CITY OF SANTA MARIA, a political subdivision of the State of California
By: BAXTER MILLER By: JASO LWELL
President City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVER -AS TO FORM:
Risk Manager
4 Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
1. Developing preliminary plans and working drawings
2. Preparing cost estimates and work schedules
3. Preparation of specifications and construction support
4. The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff.
5. The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required.
6. Site feasibility and yield studies
7. High performance site planning
8. Land development approvals
9. Park and playground design
10.Landscape planting and irrigation design
11.Landscape restoration design
12.Rooftop garden design
13.Site lighting design
14.Water feature design
15.Community outreach
16.Understanding of standard details and specifications from:
• Caltrans
• Greenbook
• APWA
• AVWVA
• City of Santa Maria
• County of Santa Barbara
17.Design surveys
18.Topographic surveys
19.Grading plans
20.ADA Curb Ramp design
21.Complete streets, streetscape design, and traffic calming
22.Stormwater Management and Drainage Design
23.BMP Systems Design
24.Erosion and Sedimentation Control Plans
25. Hydraulic/Hydrologic Studies
26.Construction Administration (CA) Services
27. Construction staking
28.Quality assurance of contractor staking
29.Monument control
30.Record and title research
31.Plat and legal description for property acquisitions Atty. Rev. 2021
32.ROW certifications (Caltrans)
33.Map Checking
34.Corner Record
35. Property and Easement Descriptions
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
FEE PROPOSAL
BMLA Hourly Rates
POSITION RATE
Principal & VP of Operations $200.00
Director of Production $175.00
Senior Project Manager 5150.00
Project Manager $125.00
Landscape Designer II $100.00
Landscape Designer I $ 85.00
Researcher $ 75.00
Clerical $ 45.00
Bethel Engineering Hourly Rates
POSITION
Principal Engineer
Senior Engineer
Project Engineer
Associate Engineer
Engineering Technician
Project Coordinator
Expert Witness
SWPPP Management Services
QSD/OSP Certified Professional
BMP Inspector
Fargen Surveys, Inc. Rates
RATE
$ 180.00
$ 170.00
$ 160.00
$ 145.00
$ 110.00
$ 90.00
2 x Standard Rate
$ 180.00
$ 170.00
POSITION RATE
Principal Surveyor
Technical Review
Senior Surveyor
Drafting and Calculations
One Man Survey Crew Prevailing Wage
Two Man Survey Crew Prevailing Wage
JCA ENGINEERS- Electrical
5170.00
5150.00
$130.00
$110.00
$230.00
$290.00
POSITION Rate
Project Engineer / Manager $220.00
Designer 5180.00
Drafting / Cadd 5165.00
Clerical / Delivery /Accounting $150.00
Atty. Rev. 2021
bmla Landscape Architecture
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.
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 Califomia and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Providers 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 diqnnsP.
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 Providers 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 Providers 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 ovemight mail, facsimile with confirmation of receipt, or certified mail with retum-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 fumish 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 Landscape Architecture and Site Design Professional Services This Agreement is made on February 21, 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 design 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 attomeys' 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 Califomia.
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
Principal
By: JASON ILWELL
City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
4 Risk Manager
Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
1. Developing preliminary plans and working drawings
2. Preparing cost estimates and work schedules
3. Preparation of specifications and construction support
4. The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff.
5. The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required.
6. Site feasibility and yield studies
7. High performance site planning
8. Land development approvals
9. Park and playground design
10.Landscape planting and irrigation design
11.Landscape restoration design
12.Rooftop garden design
13.Site lighting design
14.Water feature design
15.Community outreach
16.Understanding of standard details and specifications from:
• Caltrans
• Greenbook
• APWA
• AVVVVA
• City of Santa Maria
• County of Santa Barbara
17.Design surveys
18.Topographic surveys
19.Grading plans
20.ADA Curb Ramp design
21.Complete streets, streetscape design, and traffic calming
22.Stormwater Management and Drainage Design
23.BMP Systems Design
24.Erosion and Sedimentation Control Plans
25.Hydraulic/Hydrologic Studies
26.Construction Administration (CA) Services
27.Construction staking
28.Quality assurance of contractor staking
29.Monument control
30.Record and title research
31.Plat and legal description for property acquisitions Atty. Rev. 2021
32.ROW certifications (Caltrans)
33. Map Checking
34.Corner Record
35.Property and Easement Descriptions
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
ON -CALL LANDSCAPE ARCHITECTURE
AND SITE DESIGN
PROFESSIONAL DESIGN SERVICES
INCLUDING CIVIL ENGINEERING AND
SURVEYING SERVICES
For the City of Santa Maria
Submitted by:
OMNI DESIGN INCORPORATED
1326 Chorro Street
San Luis Obispo, California 93401
805.544.9700
Atty. Rev. 2021
FEE SCHEDULE
OMNIADTEDESIGN
PO&fWN
Ea
Principal, Licensed Engineer 5195.00
Licensed Land Surveyor $170.00
Project Manager/Architect 5180.00
Designer/Office Surveyor/Permit Processor 5140.00
Field Monitoring Services 5170.00
1 -Person GPS/Robot/Field Survey Crew 5160.00
2 -Person Survey/GPS/Field Survey Crew $240.00
2 -Person Prevailing Wage Survey/GPS/Field Survey Crew 5375.00 Designer/Office Surveyor/Permit Processor $140.00
Clerical $ 85.00
PR N'ING CHARGES/LNII COSI EACH
24X36 Bond Plots
30x42 Bond Plots
8.5x11 Copies
11x17 Copies
Mylar Plot
$5.00
57.50 50.25
50.50 $10.00
Senior Principal Landscape Architect 5180.00
Technical, Clerical, and CAD Support $ 90.00
All bills are due and payable upon receipt. past due otter (30; doys 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.
No "mark-up" will be allowed for direct costs. If app:icable, per diem shall be oilled at o maximum of the GSA rate and mileage shall be billed at the IRS mileage rote in place at the time of billing. No "mark-up" will be allowed for per diem or mileage. 'Sub-consu:tant services are to be billed at cost plus ten percent (10%i maximum.
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:
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 Califomia 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:
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 ovemight mail, facsimile with confirmation of receipt, or certified mail with retum-receipt requested.
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 fumish 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
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $300,000 FOR ON -CALL LANDSCAPE ARCHITECTURE AND SITE DESIGN PROFESSIONAL SERVICES TO BMLA, INC.
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvement projects; and WHEREAS, on December 12, 2022, the City issued a Request for Proposal (RFP) for on -call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was listed on the City's website and firms that specialize in this work were notified; including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on January 13, 2023, the City received five proposals from firms that perform this work; and,
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and, WHEREAS, following deliberations, the selection committee determined that BMLA, Inc., satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design Professional Services; and, WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the Califomia Environmental Quality Act (CEQA) (CCR, Title 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.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, Califomia, as follows:
1. That a Professional Services Agreement for on -call Landscape Architecture and Site Design is awarded to BMLA, Inc., for a term of two years, with an annual fee not to exceed $300,000; and
2. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of the information required by the Request for Proposal (RFP).
3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 2181 day of February 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
City Attorney
APPROVED AS TO CONTENT:
Departmeni4iredor
City Men ger
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, AWARDING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $300,000 FOR ON -CALL LANDSCAPE
ARCHITECTURE AND SITE DESIGN PROFESSIONAL SERVICES TO
OMNI DESIGN, INC.
WHEREAS, the need exists for the City to obtain prompt professional Landscape Architecture and Site Design Services to support municipal improvement projects; and WHEREAS, on December 12, 2022, the City issued a Request for Proposal (RFP) for on -call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was listed on the City's website and firms that specialize in this work were notified; including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on January 13, 2023, the City received five proposals from firms that perform this work; and,
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and, WHEREAS, following deliberations, the selection committee determined that Omni Design, Inc,. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design Professional Services; and,
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria detemiined that the proposed action is not a project as defined by the Califomia Environmental Quality Act (CEQA) (CCR, Title 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.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, Califomia, as follows:
1. That a Professional Services Agreement for on -call Landscape Architecture and Site Design is awarded to Omni Design, Inc., for a term of two years, with an annual fee not to exceed $300,000; and
2. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of the information required by the Request for Proposal (RFP).
3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21m day of February 2023.
Mayor
ATTEST:
Chief Deputy City Clerk