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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
James Funk, Director
Subject:
Resolution approving Agreement for
Professional Architectural and Engineering
Services with Owen Parking Group, Inc. for
design and construction of the Santa Fe
Depot Parking Structure Project (GB04-19).
Dept:
Development Services
Date:
April 10, 2006
May 1,2006
CC<Q)~Y
MCC Date:
Synopsis of Previous Council Action:
08/15/05 Adopted FY 2005/06 Five-Year Capital Improvement Program (CIP) which included
Project No. GB04-19 "Santa Fe Depot Parking Structure."
09/19/05 Adopted Resolution No. 2005-317 authorizing the execution of Amendment Number 3
and ratifying Amendment Number 2 to the Cooperative Agreement between the City of
San Bernardino and the San Bernardino Associated Governments (SANBAG) for the
San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe
Depot Rehabilitation Project, Contract No. 04-040.
11/07/05 Resolution No. 2005-370 adopted approving Agreement for Professional Services
awarded to Transtech Engineers, Inc. to provide Program Management Services for the
Santa Fe Depot Parking Structure Project (GB04-19) and authorization for the Director
of Finance to amend the FY 2005/06 Budget.
Recommended Motion:
~9-
Adopt Resolution.
Contact Person: Mike Grubbs, Eng. Manager/Field Eng.
Phone:
5179
Supporting data attached:
StaffRepart, Resa,
Exhibit "A" (Agreement),
and Exhibit "B (RFP)
Ward:
I
FUNDING REQUIREMENTS: Amount: $ 399.608.00
Source: (Acct. No) 242-362-5504-7576
Acct. Description: Santa Depot Parking Structure (GB04-19)
Finance:
Agenda Item No.
S~Jo(,
Council Notes: :;2.0 06 - ! / {
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Agreement for Professional Architectural and Engineering Services with Owen
Parking Group, Inc. for design and construction of the Santa Fe Depot Parking Structure Project (GB04-l9).
Back2round:
On August 15, 2005, the Mayor and Common Council adopted the FY 2005/06 Capital Improvement
Program (CIP). The CIP included provisions for a parking structure containing approximately 350 spaces
located on the north side of2od Street between Mt. Vernon Avenue and Viaduct Boulevard.
This project was requested by the San Bernardino Associated Governments (SANBAG) to alleviate a
shortage of parking for Metrolink riders. The original 305 parking spaces available to Metrolink riders
adjacent to the Santa Fe Depot and the Metrolink Station is not adequate for current or future needs. As a
short-term interim solution, SANBAG agreed to fund an additional temporary parking lot to add 149 more
spaces. The temporary parking lot construction was completed in February of 2006, giving a total of 453
spaces currently available to Metrolink riders. However, projections indicate a future need for an additional
350 parking spaces in the area.
The new parking structure is proposed to be 3 levels and provide at least 350 new parking spaces. The cost
of the project is currently estimated at $6,200,000, which consists of a combination of Congestion
Management and Air Quality (CMAQ) and SANBAG local funding.
On July 25, 2005, the City received notification from Caltrans that our request for authorization to proceed
with preliminary engineering was approved. The amount approved was $900,000, consisting of$53l,000 in
federal funds and $369,000 in local matching funds provided by SANBAG. However, SANBAG is in the
process of rearranging funding so that the split will be $796,770 in federal fund reimbursement and
Sl03,230 in local matching funds from SANBAG. Per an amended agreement with SANBAG, the local
match will be advanced in a phased manner while the City will be required to seek reimbursement in arrears
from Caltrans. Upon completion of the preliminary engineering phase of the project, a request for
authorization for construction funding will be submitted to Caltrans.
On November 7, 2005, the Mayor and Common Council approved an Agreement with Transtech Engineers
to provide Program Management Services. One of the first orders of work for the Program Manager was to
retain a specialized parking structure design firm to provide Architectural and Engineering services to design
the parking structure.
The scope of sen'ices as agreed by the Program Manager and the City Engineer is to provide Architectural
and Engineering Services, including, but not limited to:
].
04/13/20063:39 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
SCOPE OF SERVICES
During the PS&E phase, the Architect will be responsible for Architectural, structural,
1. PS&E PHASE mechanical, electrical lighting, plumbing, parking layout, planning, engineering, utility
coordination, landscape architecture (sub-consultant), geotechnical engineering (sub-
SERVICES (WILL consultant) cost estimate (sub-consultant), and specification. The City will assume
INCLUDE 35%, 65%, responsibility for surveying and civil engineering.
I 95% AND 100%
I LEVEL SUBMITTALS) In addition, the consultant may be required to attend 12 meetings including presentations to
the City Council/Planning Commission and public meetings.
During the Bidding and Contract Award Phase, the Architect may attend the pre-bid and
2. BIDDING AND assist the Program Manager in preparing responses to prospective bidders. The consultant
CONTRACT AWARD may also be requested to assist the Program Manager in evaluation of bids and preparation
PHASE SERVICES of a schedule of values to be used to determine the amounts of progress payments to
i contractors.
I During the .Construction, the Architect will be required to attend meetings at the construction
site or City when requested by Program Manager. Architect will bring only appropriate staff
to atten.d the meeting based on meeting agenda.
i When requested by Program Manager, the Architect will provide support during construction
, assuming 360 hrs maximum of which 100 hrs will be for structural engineer field inspection
3. CONSTRUCTION
PHASE SERVICES and observation. The remaining 250 hours are for review and approve of shop drawings,
response to questions, preparation of as-built plans, and other technical support activities as
necessary and as requested by the Program manager. If questions relate to issues which
I are not sufficiently covered in the documents prepared by the Architect, the City will not pay
I for architect's time to clarify or provide correct information for such items.
Attend project walk-through and prepare punch lists, when requested by Program Manager.
,
Requests for Proposals (RFP) for Professional Services were sent to 18 architectural firms that specialize
in Parking Structure design. Four (4) firms responded to the RFP. Proposals were received from the
following consultant entities:
, 1. COMPANY NAME Chong Partners Architecture
, Address 405 Howard, 5th Floor, San Francisco, CA 94105
. 2. COMPANY NAME Johnson Fain Architecture
, Address 11201 North Broadway, Los Angeles, CA 90012
i
. 3. COMPANY NAME I Owen Group
! Address 20 Morgan, Irvine, CA 92618
4. COMPANY NAME Watry Design, Inc. I
Address I 1700 Sea ort Blvd. Suite 210. Redwood Cit ,CA 94063 I
p
y
All Proposers who submitted a written proposal were invited for oral interviews in front of a selection
panel. The selection panel included staff members from Development Services Department, City
Manager's Office and SANBAG.
3
04/13/20063:39 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
The panel members interviewed each consultant team. The panel members then ranked each consultant
team. The ranking criteria included:
. Experience in completing similar work.
. Understanding of project needs and issues, and proposed scope of work, schedule and'level of effort
to complete the project in an efficient manner.
. References and performance records on similar projects and/or undertakings, with emphasis on
project cost and schedule control.
. Completeness of the Proposal and compliance with the required format.
. Demonstration of team's understanding of project needs and issues, and proposed scope of work,
schedule and level of effort to complete the project in an efficient manner.
. Key Project Team Members' (Project Manager, Parking Structure Lead Project Design Engineer)
experience in managing and designing similar projects.
. Team's responses to interview questions (including clarity, correctness and completeness of
responses to questions).
The panel members unanimously selected the Owen Group as the most qualified firm.
Proposed fees submitted by proposers were as follows:
Consultant Fee submitted Final negotiated
with proposal Fee
I Owen Group $505,842 $399,608
I Ranked No 1 by all panel members unanimously
i Johnson Fain Architecture $743,221 N/A
. . ! 5651.433 N/A
Chong Partners ArchItecture
I Watry Design. Inc. I
I $643,887 N/A
The proposal submitted by Owen Group offers the lowest proposed consultant fee and was determined to be
clearly superior by the rating panel based on a consideration of all the rating factors.
A pre-award audit, as required by Caltrans Local Assistance Procedure No. LPP 00-05, was completed by
the CPA firm of Vasquez & Company, LLP and submitted to Caltrans Audits and Investigations on March
22, 2006. This pre-award audit, which examines such factors as reasonableness of the Consultant's
proposed costs, adequacy of the consultant's accounting system for the prospective contract, and the
consultant's financial capability to perform the proposed contract, is required prior to award of any federally
funded design contract in an amount exceeding 5250,000.
:\ttached is an Agreement for Services, marked Exhibit '"A." with Owen Group to provide Architectural
Senices for the parking structure at the Santa Fe Depot. The form of the Agreement is as specified in the
laltrans Local Programs Manual for federally funded projects.
The design is anticipated to be completed by end of 2006. construction to start In early 2007 and
cOlbtruction completed by summer.2008.
.j
<i.j 13/20063:39 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
Market conditions in the area may provide an opportunity for retail commercial development along 2nd
Street in the vicinity of the Santa Fe Depot. Therefore, the proposed parking structure will be set back
approximately 150 feet to accommodate future retail development along the 2nd Street corridor.
It is desirable that the realignment of Viaduct Boulevard be completed prior to start of construction of the
parking structure. We anticipate that the realignment can be funded in the FY 2006/07 CIP budget and
the realignment of Viaduct Boulevard can be completed prior to start of construction of the parking
structure.
Financial Impact:
Funding for this project was allocated in Account No. 242-362-5504-7576 in the amount of $531,000 in
FY 2005/06 for preliminary engineering and $5,469,000 in FY 2006/07 for construction using a
combination of CMAQ and SANBAG funding. The SANBAG Board of Directors, on September 22,
2005, programmed a total of $711,140 to match the federal funding amount of $5,488,860 for a total
funding amount of $6,200,000.
On September 19, 2005, Resolution No. 2005-317 was adopted, approving Amendment 3 to the
Cooperative Agreement between the City of San Bernardino and the San Bernardino Associated
Governments (SANBAG) for the San Bernardino MetrQlink Commuter Rail Station and the San Bernardino
Santa Fe Depot Rehabilitation Project, Contract No. 04-040. Under terms of Amendment No.3, an
amount of $103,230 will be immediately made available from SANBAG as local match for CMAQ funds
approved for PS&E and environmental clearance work.
On November 7, 2005, the Mayor and Common Council approved an Agreement with Transtech
Engineers in the amount of $586,000 to provide Program Management Services and authorized the
Director of Finance to amend the FY2005/06 Budget to reflect increased revenues and expenditures from
SANBAG in the amount of 5369,000 for a total funding amount in Account No. 242-362-5504-7576 of
5900.000 (5796,770 in federal reimbursement and $103,230 in SANBAG funding).
Approximately 40% of Transtech Engineer's fee ($586,000 x 40% = $234,000) will be charged to
Preliminary Engineering. Approximately 90% of the Owen Group fee ($399,608 x 90% = $359,600) will be
charged to Preliminary Engineering, giving a total encumbrance against preliminary engineering of
5234,400 + $359,600 = $594,000. This encumbrance is within the allocated budget amount of $900,000.
The balance of Transtech Engineer's and Owen Group will be charged to the construction allocation, which
is presently estimated to be approximately 55,500,000.
88.53 % of the cost of this Agreement with Owen Group and other costs associated with Preliminary
Engineering will be reimbursed by the Federal Highway Administration (FHW A) through Caltrans. The
remaining 11.47% will be reimbursed by SANBAG.
Recommendation:
Adopt Resolution.
5
04/13/2006 3:39 PM
1
2
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING
4 SERVICES WITH OWEN DESIGN GROUP, INC. FOR DESIGN AND
CONSTRUCTION OF THE SANTA FE DEPOT PARKING STRUCTURE PROJECT
5 (GB04-19).
6
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
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SECTION 1. Owen Design Group, Inc., 20 Morgan, Irvine, CA 92618 is competent,
experienced and has provided the most advantageous and best proposal for provision of
Professional Architectural and Engineering Services for design and construction of the Santa Fe
11 Depot parking structure project (GB04-19) per Agreement for Services, attached hereto and
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incorporated herein as Exhibit "A", for the not-to-exceed amount of $399,608. Pursuant to this
determination, the Finance Department is hereby authorized and directed to issue Purchase
14
15 Orders for said services to said firm which references this Resolution. The Mayor is hereby
16 authorized and directed to execute said Agreement on behalf of the City.
17 SECTION 2. The authorization to execute the above-referenced Agreement is rescinded
18 ifit is not executed within sixty (60) days ofthe passage of this resolution.
19 III
20 III
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- I -
1 RESOLUTION ........ APPROVING AN AGREEMENT FOR PROFESSIONAL
2 ARCHITECTURAL AND ENGINEERING SERVICES WITH OWEN DESIGN GROUP,
INC. FOR DESIGN AND CONSTRUCTION OF THE SANTA FE DEPOT PARKING
3 STRUCTURE PROJECT (GB04-19).
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
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meeting thereof, held
on the
day of
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
MC GINNIS
DERRY
KELLEY
14
15 JOHNSON
16 MC CAMMACK
17
18
19
Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this
,2006.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
J~~II~
City Attorney
- 2 -
EXHIBIT "A"
ARCHITECTURAL SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
AGREEMENT
FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
AT THE METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
BY AND BETWEEN
CITY OF SAN BERNARDINO AND OWEN DESIGN GROUP, INC.
This AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES BY AND BETWEEN CITY OF SAN BERNARDINO
(AGENCY) and OWEN GROUP, INC., doing business in California as OWEN DESIGN
GROUP, INC., a Nevada corporation (CONSULTANT) is made and entered into effective
as of the day of , 2006, by and between the AGENCY and the
CONSULTANT.
SECTION 1. TERM OF AGREEMENT.
The term of this AGREEMENT shall be for a period of 36 months from the effective
date of this AGREEMENT, as first shown above. Such term may be extended upon written
agreement of both parties to this AGREEMENT.
SECTION 2. SUBCONTRACTORS.
CONSULTANT shall perform the services contemplated under this AGREEMENT
using the resources available within its own organization and any subcontractors that have
been authorized, in writing, by the AGENCY. Any substitution of subcontractors must be
approved, in writing, by the AGENCY. Any subcontract with a value in excess of TWENTY-
FIVE THOUSAND DOLLARS ($25,000) that is executed by CONSULTANT in connection
with this AGREEMENT shall contain all of the provisions of this AGREEMENT that are
stipulated herein to be applicable to subcontractors.
SECTION 3. SCOPE OF SERVICES.
CONSULTANT agrees to perform the services set forth in CONSULTANT's Proposal
for Professional Architectural and Engineering Services dated January 12, 2006, and
Presentation dated January 26, 2006, on file in the City Clerk's Office, and portions of which
are attached and incorporated herein as Attachment 1 of this AGREEMENT; and as set
forth in the City's Request for Statement of Qualifications and Technical Proposals dated
November 23, 2005, attached and incorporated herein as Attachment 4 of this
AGREEMENT.
AGREEMENT
Page 1
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 4. ADDITIONAL SERVICES.
(a) CONSULTANT shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT which are in addition to or outside of
those described in this AGREEMENT, unless such additional services are authorized in
advance and in writing by the AGENCY. CONSULTANT shall be compensated for any such
additional authorized services in the amounts and in the manner agreed to in writing by the
AGENCY.
(b) In the event that, due to causes beyond the control of and without the fault or
negligence of CONSULTANT, CONSULTANT fails to meet any of its obligations under this
Agreement, and such failure shall not constitute a default in performance, the AGENCY
may grant to CONSULTANT such extensions of time and make other arrangements or
additions, excepting any increase in payment, as may be reasonable under the
circumstances.
SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
(a) CONSULTANT. Shall be compensated in the manner and amounts specified
in Attachment 2 of this AGREEMENT. The total compensation due CONSULTANT shall
not exceed the amount set forth in the budget contained in Attachment 2 unless additional
compensation has been approved in writing in advance by the AGENCY. Notwithstanding
the established not-to-exceed budget, CONSULTANT shall incur only such costs as are
reasonable and necessary and in the best interests of the AGENCY. If, at any time,
CONSULTANT estimates the cost of performing the services described in
CONSULTANT's Proposal will exceed the budget for such services including approved
additional compensation, CONSULTANT shall notify the AGENCY immediately in writing
indicating the additional amount necessary to complete the services. Any cost incurred by
CONSUL TANT in excess of the aforesaid limitation without the express written consent of
the AGENCY shall be at CONSULTANT's own risk.
(b) As soon as practical after the first day of each calendar month,
CONSULTANT shall furnish to AGENCY an original invoice. The invoice shall identify all
compensation due CONSULTANT by AGENCY and shall be in accord with
CONSULTANT's Proposal. AGENCY shall use its best efforts to pay the amount invoiced
in full within thirty (30) days after receipt of invoice.
(c) AGENCY shall independently review each invoice submitted by the
CONSULTANT to determine if said invoice is in compliance with all provisions of this
AGREEMENT. All CONSULTANT costs and expenses and any subcontractor costs and
expenses must be in accord with the Contract Cost Principles and Procedures of the
Federal Acquisition Regulation, 48 CFR Part 31 et seq. (the FAR), and Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, 49 CFR Part 18. Any costs and expenses for which payment has been
made to CONSULTANT and/or CONSULTANT's subcontractors that are determined by
subsequent audit to be unallowable are subject to repayment by CONSULTANT and/or
CONSULTANT's subcontractors to AGENCY. The eligibility requirements for subcontractor
Page 2
AGREEMENT
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
cost and expenses, as described in this SECTION 5(c), must be contained in all
subcontracts of CONSULTANT. Further, all subcontracts of CONSULTANT must include
a provision mandating reimbursement of AGENCY for any costs for which payment has
been made that are determined to be unallowable by subsequent audit.
(d) In the event AGENCY disputes any costs or expenses in any invoice,
AGENCY shall notify CONSULTANT within thirty (30) days of receipt by AGENCY of said
invoice. AGENCY shall process the undisputed portion of said invoice. CONSULTANT shall
correct and resubmit any properly disputed portions of said invoice.
(e) Payment to CONSULTANT for services performed pursuant to this
AGREEMENT shall not be deemed to waive any deficiencies in services performed by
CONSULTANT.
SECTION 6. DEFICIENT SERVICES.
CONSULTANT represents and warrants that it has the qualifications, experience and
facilities necessary to properly perform the services required under this AGREEMENT.
CONSULTANT shall at all times competently, and, consistent with its ability, experience and
talents, perform all services described herein. In meeting its obligations under this
AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards
and practices utilized by consulting firms engaged in providing services similar to those
required of CONSULTANT under this AGREEMENT. AGENCY may disapprove services
that do not conform to these standards and practices and may withhold or deny
compensation for deficient services. Upon disapproval of services by AGENCY,
CONSULTANT shall immediately re-perform, at its own costs, the services that are deficient.
AGENCY must notify CONSULTANT in writing of the existence of such deficient services
within a reasonable time, not to exceed sixty (60) days after its discovery thereof, but in no
event later than one (1) year after the completion of such deficient services. No approval,
disapproval, or omission to provide approval or disapproval shall release CONSULTANT
from any responsibility under this AGREEMENT.
SECTION 7. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by
CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall
be the sole property of AGENCY and may be used, reused or otherwise disposed of by
AGENCY without the permission of the CONSULTANT. Upon satisfactory completion of, or
in the event of expiration, termination, suspension, or abandonment of this AGREEMENT,
CONSUL TANT shall turn over to AGENCY all such maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other
documents which CONSULTANT may have temporarily retained for use by CONSULTANT
staff. With respect to computer files, CONSULTANT shall make available to the AGENCY,
Page 3
AGREEMENT
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
upon reasonable written request by the AGENCY, the necessary computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
SECTION 8. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records
demonstrating or relating to CONSULTANT's performance of services pursuant to this
AGREEMENT. CONSULTANT shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, or other documents or records evidencing or relating
to work, services, expenditures and disbursements charged to AGENCY pursuant to this
AGREEMENT. Any and all such documents or records shall be maintained in accordance
with generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant
to this AGREEMENT. Any and all such documents or records shall be maintained for not
less than four years from the date of final payment made in accordance with this
AGREEMENT and to the extent required by laws relating to audits of public agencies and
their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
SECTION 8 shall be made available for inspection, audit and copying, at any time during
regular business hours, upon written request by AGENCY or its designated representatives
or representatives of any governmental entity, including the Federal Highway Administration
and Caltrans, that is providing funding for the Project, if a portion of such funding is used to
compensate CONSULTANT hereunder. Copies of such documents or records shall be
provided directly to the AGENCY for inspection, audit and copying when it is practical to do
so; otherwise, unless an alternative is mutually agreed upon, such documents and records
shall be made available at CONSULTANT's address indicated for receipt of notices in this
AGREEMENT.
(c) Where AGENCY has reason to believe that any of the documents or records
required to be maintained pursuant to this SECTION 8 may be lost or discarded due to
dissolution or termination of CONSULTANT's business, AGENCY may, by written request,
require that custody of such documents or records be given to the requesting party and that
such documents and records be maintained by the requesting party. Access to such
documents and records shall be granted to AGENCY, as well as to its successors-in-interest
and authorized representatives.
SECTION 9. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent
CONSULTANT and not an officer, employee or agent of AGENCY. CONSULTANT shall
have no authority to bind AGENCY in any manner, nor to incur any obligation, debt or
liability of any kind on behalf of or against AGENCY, whether by contract or otherwise,
unless such authority is expressly conferred under this AGREEMENT or is otherwise
expressly conferred in writing by AGENCY.
AGREEMENT
Page 4
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
(b) The personnel performing the services under this AGREEMENT on behalf of
CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither AGENCY, nor any elected or appointed boards, officers, officials, employees or
agents of AGENCY, shall have control over the conduct of CONSULTANT or any of
CONSULTANT's officers, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any
of CONSULTANT's officers, employees or agents are in any manner officials, officers,
employees or agents of AGENCY.
(c) Neither CONSULTANT, nor any of CONSULTANT's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to AGENCY's employees. CONSULTANT expressly waives any claim
CONSULTANT may have to any such rights.
(d) Pers Eligibility Indemnity. In the event that CONSULTANT or any employee,
agent, or subcontractor of CONSULTANT providing services under this Agreement claims
or is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the
City, CONSULTANT shall indemnify, defend, and hold harmless City for the payment of
any employee and/or employer contributions for PERS benefits on behalf of
CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of
any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS, LICENSES.
CONSULTANT shall keep itself informed of and comply with all applicable federal,
state and local laws, statutes, codes, ordinances, regulations and rules in effect during the
term of this AGREEMENT. CONSULTANT shall obtain any and all licenses, permits and
authorizations necessary to perform the services set forth in this AGREEMENT.
SECTION 11. DISADVANTAGED BUSINESS ENTERPRISES.
(a) During the term of this AGREEMENT, CONSULTANT shall make good faith
efforts to ensure that Disadvantaged Business Enterprises (DBEs) have the maximum
opportunity to successfully participate in the work under this AGREEMENT and that
CONSULTANT meets the required DBE goal(s). A good faith effort to ensure DBEs have
the maximum opportunity to participate in work under this AGREEMENT shall include but
not be limited to the following:
(1) Negotiating in good faith to attempt to finalize and execute subcontract
agreements with all DBEs that have been proposed to AGENCY by
CONSULTANT.
AGREEMENT
Page 5
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
(2) Utilizing DBE suppliers and DBE subcontractors, where possible, and
documenting all efforts to do so.
(3) Providing assistance to DBE subcontractors or suppliers in obtaining
required bonding and lines of credit.
(4) Notifying a DBE in writing of any potential problem and attempting to
resolve the problem prior to formally requesting AGENCY approval to
substitute for the DBE.
(5) Making timely payment of all monies due and owing to DBE
subcontractors and suppliers.
(6) Alerting AGENCY in a timely manner of any problems anticipated in
attaining CONSULTANT's DBE participation goal(s).
(b) If CONSULTANT seeks approval from the AGENCY for the substitution of
DBE subcontractors or suppliers, CONSULTANT shall use good faith efforts to substitute
other DBE subcontractors or suppliers.
(c) Changes to this AGREEMENT that increase or decrease DBE participation
shall be appropriately reflected in all reports to AGENCY that describe DBE participation in
the Project.
(d) All subcontractors and suppliers that are to be counted by CONSULTANT
toward the achievement of CONSULTANT's DBE goal must be certified. CONSULTANT is
responsible for verifying and monitoring the certificate status of its DBE subcontractors and
suppliers. AGENCY is not a DBE certifying agency. AGENCY will accept DBE certification
by Caltrans, or other organizations that certify the eligibility of DBEs in accordance with 49
CFR 26.
(e) CONSULTANT and AGENCY agree that CONSULTANT shall make a good
faith effort to achieve the DBE goal.
(f) A good faith effort to achieve the DBE goal may be demonstrated by
CONSULTANT through one or more of the following:
(1) Planning to use DBE subcontractors and suppliers to a greater
degree than that needed to achieve any DBE goal established for this
AGREEMENT.
(2) Actively soliciting substitute DBE subcontractors and suppliers to
replace DBE organizations that are unable to participate in the Project in
spite of the initial agreement of said DBE organizations to undertake work for
the Project.
AGREEMENT
Page 6
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
(3) Providing additional work to existing Project DBE subcontractors
should changes in CONSULTANT's Incremental Scopes of Services
eliminate or reduce work assignments planned for DBE subcontractors.
(g) CONSULTANT must carefully record CONSULTANT's good faith efforts to
achieve the DBE goal and must share said records with AGENCY if requested to do so.
SECTION 12. FAIR EMPLOYMENT PRACTICES.
(a) In the performance of this AGREEMENT, CONSULTANT will not
discriminate against any employee because of race, color, sex, religion, national origin,
age, ancestry, pregnancy, disability, sexual orientation, medical condition or marital
status and shall comply with the provisions of the State Fair Employment Practices Act
as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil
Rights Act of 1964, and all amendments thereto; Executive Order No. 11246; and all
administrative rules and regulations issued pursuant to such acts and order.
CONSULTANT will take affirmative action to ensure that employees are treated during
employment without regard to their race, sex, actual or perceived sexual orientation,
color, religion, ancestry, or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. CONSULTANT shall
post in conspicuous places, available to employees for employment, notices provided
by state and federal agencies regarding fair employment practices.
(b) Remedies for willful violation:
(1) The AGENCY may determine a willful violation of the fair
employment provision of this AGREEMENT to have occurred upon receipt
of a final judgment to that effect from a court in an action to which
CONSULTANT was a party, or upon receipt of a written notice form the Fair
Employment and Housing Commission that it has investigated and
determined that CONSULTANT has violated the Fair Employment Practices
Act and had issued an order under Labor Code Section 1426 which has
become final or has obtained an injunction under Labor Code Section 1429.
(2) For willful violation of the fair employment provision of this
AGREEMENT, the AGENCY shall have the right to terminate this
AGREEMENT, either in whole or in part, and any loss or damage sustained by
AGENCY in securing the goods or services described herein shall be borne by
and paid for by CONSULTANT and AGENCY may deduct from any moneys
due or that thereafter may become due to CONSULTANT, the difference
between the price named in the AGREEMENT and the actual cost thereof to
AGENCY to cure CONSULTANT's breach of this AGREEMENT.
AGREEMENT
Page 7
EXHIBIT "A"
ARCHITECTURAL SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 13. NONDISCRIMINATION ASSURANCES.
(a) CONSUL TANT hereby agrees that it will comply with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d 42 U.S.C. 2000d-4 (the ACT), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation
Effectuation of Title VI of the Civil Rights Act of 1964 (the REGULATIONS), the Federal-
Aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with
the ACT, REGULATIONS, and other pertinent directives, no person in the United States
shall, on the basis of race, color, sex, national origin, religion, age or disability, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity of CONSULTANT under this AGREEMENT.
(b) CONSULTANT, without limiting the above general assurance, hereby gives
the following specific assurances:
(1 ) CONSULTANT agrees that each program and each facility as defined
in subsections 21.23(e) and 21.23(b) of the REGULATIONS will be conducted
or will be operated in compliance with all requirements imposed by, or
pursuant to, the REGULATIONS.
(2) CONSULTANT shall insert the following notification in all solicitations
for bids for work or material made in connection with this AGREEMENT and,
in adapted form, in all proposals for negotiated agreements:
CONSULTANT hereby notifies all bidders that it will affirmatively
ensure that in any agreement entered into pursuant to this
advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, sex, national
origin, age, religion, or disability in consideration for an award.
(3) CONSULTANT agrees that the United States and the State of
California have a right to seek judicial enforcement with regard to any matter
arising under the ACT, the REGULATIONS, and this AGREEMENT.
(4) CONSULTANT shall provide for such methods of administering its
obligations under the AGREEMENT as are found by the U.S. Secretary of
Transportation, or the official to whom he delegates specific authority, to give
reasonable guarantee that CONSULTANTS and its agents, subcontractors,
and successors in interest will comply with all requirements imposed by, or
pursuant to the ACT, the REGULATIONS, and this AGREEMENT.
AGREEMENT
Page 8
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 14. UNAUTHORIZED ALIENS.
CONSULTANT hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A.. 1101, et seq., as amended, and, in
connection therewith, shall not employ unauthorized aliens as defined therein. Should
CONSULTANT so employ such unauthorized aliens for the performance of work and/or
services covered by this AGREEMENT, and should any liability or sanctions be imposed
against AGENCY for such use of unauthorized aliens, CONSULTANT hereby agrees to and
shall reimburse AGENCY for the cost of all such liabilities or sanctions imposed, together
with any and all costs, including attorneys' fees, incurred by AGENCY in connection
therewith.
SECTION 15. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any of its officers or principals
has or shall acquire any interest, directly or indirectly, which would conflict in any manner
with the interests of AGENCY or which would in any way hinder CONSULTANT's
performance of services under this AGREEMENT. CONSULTANT further covenants that in
the performance of this AGREEMENT, no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the AGENCY. CONSULTANT agrees to at all times avoid conflicts of interest or
the appearance of any conflicts of interest with the interests of AGENCY in the performance
of this AGREEMENT.
(b) AGENCY understands and acknowledges that CONSULTANT is, as of the
date of execution of this AGREEMENT, independently involved in the performance of non-
related services for other governmental agencies and private parties. CONSULTANT is
unaware of any stated position of AGENCY relative to such projects. Any future position of
AGENCY on such projects shall not be considered a conflict of interest for purposes of this
section.
SECTION 16. RESTRICTIONS ON LOBBYING ON FEDERALLY FUNDED PROJECTS.
(a) By signing this AGREEMENT, CONSULTANT certifies, to the best of its
knowledge and belief, that no federal appropriated funds have been paid or will be paid, by
or on behalf of CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of any federal agency, a Member of Congress, an officer or an employee
of the Congress, or an employee of a Member of Congress in connection with this
AGREEMENT.
(b) If any funds, other that federal appropriated funds, have been paid or will be
paid to any person for influencing or attempting to influence an officer or an employee of any
federal agency, a Member of Congress, an officer or employee of Congress or an employee
of a Member of Congress in connection with this Agreement, CONSULTANT shall complete
and submit all required lobbying disclosure forms and reports.
AGREEMENT
Page 9
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
(c) This certification is a material representation of fact upon which reliance was
placed when this AGREEMENT was executed.
(d) The language of this SECTION shall be included in all subcontracts that
exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) in value.
SECTION 17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work products produced by CONSULTANT in
performance of this AGREEMENT shall be considered confidential, unless such information
is in the public domain or already known to CONSULTANT. CONSULTANT shall not
release or disclose any such information or work products to persons or entities other than
AGENCY without prior written authorization from the AGENCY, except as may be required
by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors shall not,
without prior written authorization from the AGENCY or unless requested by the Counsel to
the AGENCY, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary"
provided CONSULTANT gives AGENCY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of
CONSULTANT, provides any information or work product in violation of this AGREEMENT,
then AGENCY shall have the right to reimbursement and indemnity from CONSULTANT for
any damages, costs and fees, including attorneys fees, caused by or incurred as a result of
CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this AGREEMENT and
the work performed thereunder. AGENCY retains the right, but has no obligation, to
represent CONSULTANT or be present at any deposition, hearing or similar proceeding.
CONSULTANT agrees to cooperate fully with AGENCY and to provide AGENCY with the
opportunity to review any response to discovery requests provided by CONSULTANT.
However, this right to review any such response does not imply or mean the right by
AGENCY to control, direct, or rewrite said response.
SECTION 18. INDEMNIFICATION.
CONSULTANT shall indemnify, defend and hold harmless AGENCY from and
against any and all claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and
AGREEMENT
Page 10
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
liabilities, of, by, or with respect to third parties, which arise from CONSULTANT's
negligent performance of services under this AGREEMENT. CONSULTANT shall not be
responsible for, and AGENCY shall indemnify, defend and hold harmless CONSULTANT
from and against, any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and
liabilities of, by or with respect to third parties, which arise from the AGENCY's negligence.
With respect to any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and
liabilities of, by or with respect to third parties, which arise from the joint or concurrent
negligence of CONSULTANT and AGENCY, each party shall assume responsibility in
proportion to the degree of its respective fault.
SECTION 19. INSURANCE.
Consultant shall maintain insurance policies meeting the minimum requirements set
forth herein. All insurance maintained by the Consultant shall be provided by insurers
satisfactory to the City. Certificates evidencing all insurance coverage required herein
shall be delivered to the City prior to the Consultant performing any of the services under
the Agreement. All insurance certificates required herein shall name the City as an
additional insured and provide for thirty (30) days written notice from the insurer to the City
prior to modification or cancellation of any insurance policy of the Consultant.
(a) ERRORS & OMISSIONS - The Consultant shall maintain errors and
omissions insurance with a combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence.
(b) COMPREHENSIVE GENERAL LIABILITY AND AUTOMOBILE INSURANCE
The Consultant shall maintain comprehensive general liability and automobile liability
insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00)
per occurrence.
(c) WORKER'S COMPENSATION INSURANCE - The Consultant shall maintain
worker's compensation insurance in accordance with the laws of the State of California for
all workers employees by the Consultant.
SECTION 20. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this
AGREEMENT. AGENCY has an interest in the qualifications of and capability of the
persons and entities that will fulfill the duties and obligations imposed upon CONSULTANT
under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or
transfer any portion of this AGREEMENT or the performance of any of CONSULTANT's
duties or obligations under this AGREEMENT without the prior written consent of the
AGENCY. Any attempted assignment shall be ineffective, null and void, and shall
constitute a material breach of this AGREEMENT entitling AGENCY to any and all
remedies at law or in equity, including summary termination of this AGREEMENT.
AGREEMENT
Page 11
EXHIBIT "A"
ARCHITECTURAL SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 21. PROJECT STAFF.
AGENCY reserves the right to request that CONSULTANT replace a staff person
assigned to perform services under this AGREEMENT in the event the AGENCY, in its sole
discretion, determines such a replacement is necessary.
SECTION 22. TERMINATION OF AGREEMENT.
(a) AGENCY may terminate this AGREEMENT, with or without cause, at any time
by giving ninety (90) days written notice of termination to CONSULTANT. In the event such
notice is given, CONSULTANT shall cease immediately all work in progress.
(b) CONSULTANT may terminate this AGREEMENT at any time upon ninety (90)
days written notice of termination to AGENCY.
(c) If either CONSULTANT or AGENCY is in default under this AGREEMENT,
then, in addition to any other remedies, either CONSULTANT, or AGENCY may terminate
this AGREEMENT immediately upon written notice.
(d) Upon termination of this AGREEMENT by either CONSULTANT or AGENCY,
all property belonging to AGENCY, which is in CONSULTANT's possession, shall be
returned to AGENCY. CONSULTANT shall furnish to AGENCY a final invoice for work
performed and expenses incurred by CONSULTANT, prepared as set forth in this
AGREEMENT. This final invoice shall be reviewed and paid in the same manner as set
forth in this AGREEMENT.
SECTION 23. DEFAULT.
If either CONSULTANT or AGENCY fails to perform any material obligation under
this AGREEMENT, the non-breaching party shall notify the breaching party in writing. Within
thirty (30) days of receipt of such written notice, the breaching party shall commence curing
such breach and shall diligently pursue such cure to completion. If the breaching party fails
to diligently pursue such cure to completion, the breaching party shall be in default under the
terms of this AGREEMENT. In the event that CONSULTANT is in default, the AGENCY
shall not have any obligation or duty to continue compensating CONSULTANT for any
services performed after the date of default, and AGENCY, without limiting any other legal or
equitable remedies available to it, shall be entitled to withhold from CONSULTANT amounts
unpaid hereunder and to offset such amounts against damages or losses incurred by the
AGENCY, including increased costs of services.
SECTION 24. SCHEDULE.
The project shall be completed per the schedule shown in Attachment 3 of this
AGREEMENT.
AGREEMENT
Page 12
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 25. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control of
CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public
enemy, acts of federal, state or local governments, court orders, fires, floods, epidemics,
strikes, embargoes, and unusually severe weather. The term and price of this
AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 26. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To AGENCY:
Mr. Mark Lancaster, PE, City Engineer
City of San Bernardino Development Services
Department
300 North D Street
San Bernardino, CA 92418-0001
To CONSULTANT:
Michael Chegini Principal
Owen Design Group, Inc.
20 Morgan
Irvine, CA 92618
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United
States Postal Service.
SECTION 27. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT
warrants and represents that he/she/they has/have the authority to execute this
AGREEMENT on behalf of his/her/their corporation and warrants and represents that
he/she/they has/have the authority to bind CONSULTANT to the performance of its
obligations hereunder.
SECTION 28. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
AGREEMENT
Page 13
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 29. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in
writing and approved by the CONSULTANT and by the AGENCY. The parties agree that
this requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 30. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this
AGREEMENT shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any default of the provisions of this AGREEMENT shall not constitute
a waiver of any other provision, nor a waiver of any subsequent default or violation of any
provision of this AGREEMENT. Acceptance by AGENCY of any work or services by
CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 31. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed and governed according to the
laws of the State of California. In the event of any litigation between the parties, venue shall
lie exclusively in the Superior Court of the State of California, County of San Bernardino.
SECTION 32. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this AGREEMENT, the prevailing party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition
to any other relief to which it may be entitled. The costs, salary and expenses of the City
Attorney and members of his office shall be considered as attorneys' fees for the purposes
of this AGREEMENT.
SECTION 33. ENTIRE AGREEMENT.
This AGREEMENT, including the attachments listed, is the entire, complete, final and
exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other agreements or understandings, whether oral or written, or entered into
between CONSULTANT and AGENCY prior to the execution of this AGREEMENT. No
statements, representations or other agreements, whether oral or written, made by any party
which are not embodied herein shall be valid and binding. No amendment to this
AGREEMENT shall be valid and binding unless in writing duly executed by the parties or
their authorized representatives.
Page 14
AGREEMENT
EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 34. SEVERABILITY.
If any term, condition or covenant of this AGREEMENT is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be
read and construed without the invalid, void or unenforceable provisions.
III
III
AGREEMENT
Page 15
EXHIBIT "A"
ARCHITECTURAL SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
OWEN DESIGN GROUP, INC.
Date:
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Da~: by:
Patrick J. Morris, Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James ./fenman, City AttP/1e~/ _ ~
By ~II~
ATTACHMENTS:
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: FEE
ATTACHMENT 3: SCHEDULE
ATTACHMENT 4: REQUEST FOR STATEMENT OF QUALIFICATIONS AND
TECHNICAL PROPOSALS
AGREEMENT
Page 16
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ATTACHMENT 1 TO EXHIBIT "A"
OWEN
PARKING GROUP
January 12, 2006
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Mr. Mark Lancaster, PE
City Engineer, Deputy Director
Development Services Department
City Hall, 3rd Floor
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
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RE: Professional Architectural and Engineering Services fur the proposed
Santa Fe Depot Parking Structure Project in the City of San Bernardino
Federal Project: CML-5033 (039)
Dear Mr. Lancaster:
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OWEN Parking Group is pleased to present the most qualified team to provide design services for the
Santa Fe Depot Parking Structure for the City of San Bernardino.
OWEN PARKING, and its parent company OWEN Group, is a multi-discipline design firm
providing architectural and engineering services for building and infrastructure projects for many
public and private clients. We bring over 20 years of quality NE planning, programming, design and
construction experience in parking planning, design and construction, having completed over 300
relevant structures.
OWEN has been providing design and construction support services throughout California since 1981
and is very familiar with local, state and federal governing agencies and requirements. OWEN
represents the most qualified team to provide the City of San Bernardino with the NE services for this
project for the following reasons:
. OWEN Parking Group has a depth of experience in parking structure planning, design and
construction having completed over 300 projects with free-standing multi-story structures
both short and long span. We understand all the elements necessary to successfully complete
this project -
. OWEN Parking Group and OWEN GROUP have extensive experience with various
transportation and municipal/public agencies performing similar services. We have provided
NE services to OCTA, MTA, BART, Caltrans, RCTC, the County and City of Riverside,
DC Riverside, the City of San Bernardino, Cathedral City, Temecula, Los Angeles, San
Diego, San Jose Irvine, Newport Beach and others. In addition, we have on-call contracts
with various State agencies including DSA, RESD, OSHPD and others.
. OWEN Parking Group and its team of consultants have volumes of experience interfacing
with governing agencies similar to those that will be involved with this project including
RCTC, SCARRA, BSNF, County of Riverside, City of Corona, ITA, FHA, ICC, Caltrans
and FRA
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. The OWEN Team is comprised oflocal businesses that can be very responsive to the City of
San Bernardino's project needs.
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A TT ACHMENT 1 TO EXHIBIT" A"
III
Mark Lancaster, PE
January 12, 2006
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OWEN Parking Group and its team of consultants bring not only direct and extensive experience
and a depth of resources to perform quality design service for the City of San Bernardino on this
project, but we are available and committed to commence work on this project immediately upon
selection.
III
.
We have carefully reviewed the Request for Proposal dated January 12, 2006, as well as the one (1)
Addendum. We understand the 5% DBE requirement. The following proposal shall remain valid for a
period of not less than one hundred twenty (120) days from the date of this submittal. We look
forward to a favorable evaluation of our team's qualifications and to the opportunity to present our key
team members and management approach in person. The point of contact during the period of
proposal evaluation shall be Tracy Kuhar-Chandler, Director of Corporate Development and can be
reached at (949) 860-4800 or tchandler(il)owengroup.com.
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Signature of Authorized Representative
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I, the official named below, hereby swear that I am duly authorized to legally bind the prospective
contractor to the terms of Federal Project: CML-5033 (039).
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(1J~/dy~'
1/12/06
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Michael Chegini, Ph.D., PE, CVE
Principal
Owen Parking Group, Inc.
Owen. Wynn, Espinosa. Norri
20 Morgan
Irvine, CA 92618
Tel: (949) 860-4800 Fax: (949) 860-4810
Date
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A TT ACHMENT 1 TO EXHIBIT" A"
OWEN'
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Approach and Scope of Work
"';';<;.~;-',;'.i;:,~;Jf:"'~
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1.0 . Scope of Work
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is accessed by a staging area
for access and parking control
operations.
The structure will be
designed in conformance
with all governing codes
and regulations, with
consideration given toward
user convenience, security,
and operations and
maintenance costs. Design of
the structure shall incorporate
the necessary elements to
control vehicular access
during daytime business
hours, and unauthorized
vehicles and pedestrians
during 'After-Hours' operation.
All access in and out of the
structure for 'After-Hours'
use shall be made secure
by restricting access without
security controls / card-key
authorization to parking
equipment readers or
pedestrian accessed self-
closing / lockable points of
entry. Design shall implement
materials / products that
comply with the performance
characteristics widely used in
the industry, with emphasis
on durability, longevity and
warranty / maintenance
coverage.
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The Parking Structure from the
First level to the Fourth Level
(roof) shall be designed to
comply as an S-4 occupancy,
open-air structure per the
California Building Code
(CBC). The building design
shall consider proximity to
the future retail buildings and
code requirements to ensure
that the structure maintains
enough open air space after
future build-out. The proposed
structure must continue to
comply as an S-4 occupancy
open air-structure, and shall
preclude reclassification to a
more restrictive occupancy
classification, and requirement
of mechanical/C02
monitoring, supply and exhaust
ventilation.
1.1 . Project Description
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The proposed project is a
Parking Structure for public
use and part of the overall
Santa Fe Depot District Area
Development Plan. The
proposed structure will be
located at the north-east
corner of Mt. Vernon Avenue
and Second Street in the City
of San Bernardino. The land
parcel is owned by the city of
San Bernardino.
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The proposed project
consists of a three-story (4
level) two-bay floor plate with
end parking. The Parking
Structure, all above grade
is approximately 130'-0" x
240'-0" (building footprint),
providing for approximately
400 cars, designed for two-
way traffic flow and SO degree
angle parking with the required
ramping system being a
continuous helix from the First
Level to the Fourth (Roof)
Level. The Ground Level is to
have a minimum S'-O" inside
clear height to accommodate
accessible parking stalls. Entry
into the parking structure for
daily/monthly parking function
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Structural design shall be for
Type-1 construction, utilizing
poured in-place concrete
columns and poured in-place
concrete post-tensioned beams
and slabs. Seismic lateral
resistance shall be designed as
either exterior shear wall and/or
incorporating moment resisting
ductile frames. Incorporating
poured in-place, pre-cast
concrete or CMU spandrels on
all exposed facades.
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--, ;";:"_'A:~/,~:i:4!:~_1_;U:
Statement of QualHlcatlons I Technical Proposal. Santa Fe ParkIng Structure ProJect. City of San BernardIno - CML.5033(039)
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A TT ACHMENT 1 TO EXHIBIT" A"
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OWEN
Approach and Scope of Work
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of civil and geo-technical
engineer consultants will be
sought to conduct pre-design
coordination and research
to ensure that accurate
information on underground
utilities work and other
services, and city connections
are properly established.
2.0 - Project Approach
and Scope of Services
Management (City) and all
stake holders. This meeting
will be about design team
and City's management team
introductions, validation of
the project program and
information, confirmation
of project objectives and
establishment of lines of
communication. Owen and
consultants will be working
under the direction of the City's
Program/Construction Manager.
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In response to this project's
Request For Proposal (RFP),
Owen Parking (Owen) and
consultants will provide
professional architectural and
engineering services for the
proposed Santa Fe Depot
Parking Structure Project.
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Services of a parking
consultant will be sought
to assist in preparing the
proposed parking structure's
functional layout for the most
efficient use of space.
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Proposed services for this
project includes architectural
design and engineering
services necessary to prepare
a complete set of documents,
approved by all governing
regulatory agencies and ready
for construction bidding.
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2.1 . PrelimInary DesIgn
Development
Studies of the building fa~ade
and its various design features
shall also be conducted,
ensuring the proposed
structure design incorporate
the unique characteristics of
the Historic Santa Fe Depot.
Additionally, the character
of the proposed structure
shall match the context of the
area, thereby enhancing and
providing a pOSitive influence
to the aesthetics quality of the
area. A colored rendering of
the building elevations shall be
provided for each alternative.
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During this phase, working
in conjunction with the City
and stakeholders, Owen and
its consultants will prepare
preliminary drawings of the
proposed parking structure.
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Prior to the project kick-off,
Owen will conduct its internal
planning meeting for the
project. This meeting will
include all our consultants of
which the objectives are to
finalize the team organization
and provide pertinent project
information gathered to date.
Topics of discussion among
others will include project
strategy, responsibilities and
schedule.
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With updated project
information, Owen will conduct
existing conditions survey of
the project area. The survey
shall include, but will not be
limited to aerial photography,
topographic survey required to
prepare grading plans for the
whole site, soils investigation
and borings, right-of-way
mapping, utility mapping,
and other relevant issues that
would be necessary to prepare
complete plans. Services
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Based on the traffic data
provided by the city, Owen
will review the site for access,
ensuring the intersections of
the proposed parking lot!
surface streets have sufficient
-
The project kick-off will be held
with representatives of the
City's Program/Construction
-
,
'-"f'-~,\;..fl'~<;;':;j~W'm~
Statement of Qualifications I Technical Proposal - Santa Fe Parking Structure Project - City of San Bernardino. CML-5033(039)
,
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OWEN
I
queuing, appropriate levels of
traffic control, and correct lane
configurations. Owen will also
review circulation within the
parking lot and access to the
parking structure, as well as
any queuing within the parking
structu re.
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During this phase, Owen
will also conduct preliminary
code analysis and prepare
preliminary calculations
and design for the project.
Preliminary meetings with
regulatory agencies will be
held in an attempt to obtain as
much useful information early
in the design for the project.
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A list of items not shown on
preliminary drawings shall be
prepared, items that will have
an impact on the cost of the
project.
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Owen will prepare three (3)
building alternative concepts
for presentation to the City
Council, Planning Commission
Staff and the public for review
and input. Each alternative
shall include:
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. Colored building elevations
realistically depicting how
the building would look from
all 4 sides.
u
-
ATTACHMENT 1 TO EXHIBIT "A"
_\"'~)_:'""'.u~-t;.-;.:&\i:~~ ;if
Approach and Scope of Work
. A site plan showing the
building footprint,
landscape areas, driveways,
trash enclosure and other
important elements.
. Material and color boards for
each alternative.
. Rough Order of Magnitude
(ROM) Cost estimates for
each alternative.
construction of the project in
all detail.
Comments from the selected
and final alternative identified
in the design development
phase will be incorporated
in these documents. These
documents will include,
but not limited to plans for
site development, building,
electrical, mechanical,
plumbing, HVAC, structural,
landscaping, site lighting,
paving, striping, dry and
wet utilities. All design and
engineering services such
as surveying, pavement!
geotech/soils engineering,
architectural, civil, structural,
utility coordination, and any
and all aspects of the project
necessary to develop a
complete bid package ready
for bidding shall be included.
Specifications for the project
shall also be prepared,
with the City's program/
Construction Manager
preparing the Administrative
sections.
The cost estimate for the
project on this phase shall
be provided in an itemized
"schedule of values" format.
During the design phase
Owen shall attend monthly
progress meetings with the
Statement of QualifIcatIons I Technical Proposal. Santa Fe ParkIng StructUI8 Project - City of San BernardIno. CML-5033(039)
-
Based on review comments
received from the City, Owen
and consultants shall develop
a final alternative, and present
it to the City Council and
SAN BAG with all necessary
details for final review and
approval. Upon approval, Owen
and consultants will prepare
and obtain all necessary
environmental documentation
for the selected alternative.
2.2. Design Phase
Owen and consultants upon
release to proceed with the
project to the next phase
wW develop the complete
construction documents ready
for bidding. Deliverables for
this package will include:
drawings for architectural,
civil, landscaping, structural,
mechanical, plumbing
and electrical, as well as
all necessary services and
documents required for the
";"~"~I~~~'liilt'i{: 1 ~
I
ATTACHMENT 1 TO EXHIBIT "A"
I
OWEN
Approach and Scope of Work
,<,{,::";;;AAi~-;;:~
Q
. Reviewing contractor change
order requests, and
providing necessary
information to the City's
Prog ram/Construction
Manager as they
relate to the design.
. Attending one (1) project
walk-through and assisting
City's Program/Construction
Manager in the preparation
of the punch list.
in responding to bidder's
questions and bid - request
for information (RFI).
. Assist City's Program/
Construction Manager in
review of bids received.
City'S Program/Construction
Manager and City staff, and
will make one (1) presentation
to the City Council and one
(1) presentation to SAN BAG
Board on the project.
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2.4 . Construction Phase
Services
The complete documents will
be submitted for plan check
to appropriate local agencies
having jurisdiction. Plans and
other documents will also be
submitted to the city for final
design review. Comments
identified in the final design
review and plan check will
be incorporated into the
construction documents and
resubmitted to the agencies for
final plan check.
I
During this phase, Owen and
consultants shall work under
the direction of the City's
Program/Construction Manager
and provide construction
support services as necessary,
including but not limited to:
-
In summary, the consultant
shall be responsible for all
aspects of preparing and
submitting a complete PS&E
Bid Package, approved by
all required agencies and
ready for bidding, and provide
necessary support services
during design, bidding
and construction phases.
Consultant shall work under the
direction of the City's Program/
Construction Manager. The
consultant shall account for
any and all services, costs
and expenditures to provide
its serviCes as necessary.
The City will not accept any
change order requests from the
consultant for increased scope
and/or claims that a service/
cost was not part of the scope.
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. Providing support to
City's Program/Construction
Manager to answer
questions and clarifying
items which relate to the
construction documents.
. Reviewing and approving
shop drawings to be
submitted by the contractor
as per .the construction
documents.
. Attending monthly
.construction meetings
with the City's Program/
Construction Manager,
contractor, and other
involved parties.
Preparation and
distribution of meeting
minutes shall be
responsibility of the
contractor.
I
Following plan check approval
of the construction document
package, the drawings and
specifications will be issued for
construction.
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2.3 . Bid Negotiation
Services
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The following services shall
be provided by Owen during
this phase, including but not
limited to:
,
-
. Attending one (1) pre-bid
meeting.
. Assist City's Program/
Construction Manager
-
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,""",~-<c'>'i!;i1ii"'"ID?'-i,i~j'~
Statement of Qualifications / Technical Proposal - Santa Fe Parldng Sfruc!u,. Project. City of San Bernardino. CML-5033(039)
-
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:i.~'
ATTACHMENT 1 TO EXHIBIT "A"
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EXHIBIT "A"
ARCHITECTURAL SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
ATTACHMENT 3:
SCHEDULE
The project is estimated to be completed within 36 months. The following is estimated
major task durations:
TIME IN MONTHS
TASK
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
PS&E preparation
Authorization from Caltrans
for PS&E Certification and
Advertisement
Advertisement for
Construction Bids
Bid Review. Award,
Authorization from Caltrans
to proceed w/Construction
Pre-construction Prep by
Contractor
CONSTRUCTION
ATTACHMENT 3.SCHEDULE
Page 1
[I]...;.<..........
.... ..:>'
SIll ilG
ATTACHMENT 4
City of San Bernardino Development Services Department
300 North D Street, San Bernardino, CA 92418-0001
November 23, 2005
To: Qualified and Interested Consultants
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE PROJECT
IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
Gentlemen:
The City of San Bernardino is soliciting Statement of Qualifications and Technical Proposals (hereinafter
referred to as RFQ/RFP) from qualified firms to provide professional architectural and engineering
services for the proposed Santa Fe Depot Parking Structure Project.
Requirements for this RFQ/RFP are enclosed.
This RFQ/RFP can be downloaded from the following web sites:
Transtech ftp site: ftp:/lmetropark@metropark.transteche.com
Enter name: metropark; Enter password: metropark
City of San Bernardino web-site: http://www.ci.san-bernardino.ca.us
Under Quick Hits box, click on Request for Bids,1hen click on Development Services - Public Works
Division, then click on appropriate document
In order to be considered in the selection process, interested parties shall submit ten (10) copies of their
Statement of Qualifications and Technical Proposals no later than 4:00 PM, December 29,2005 to:
Mark Lancaster, PE, City Engineer, Deputy Director
Development Services Department
City Hall, 3rd Floor
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Late proposals will not be accepted. If you have any questions, please contact City's Program Manager
as follows:
Ali Cayir, PE, Program Manager
Tel: 909-595-8599, Ext. 121
Fax: 909-595-8863
e-mail: cavir@transteche.com
Sincerely,
Mark Lanca$ter, PE
City Engineer, Deputy Director
REQUEST FOR
STATEMENT OF QUALIFICATIONS/TECHNICAL PROPOSALS
TO PROVIDE
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE PROJECT
IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
ISSUED BY:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
November 23, 2005
City of San Bernardino
Development Services Department
Page 1
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project CML-5033(039)
TABLE OF CONTENTS
SECTION
1. INTRODUCTION
2. SCOPE OF WORK
3. FEE PROPOSAL SUBMITTAL
4. PROJECT SCHEDULE
5. DISADV ANT AGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
REQUIREMENT
6. KEY PERSONNEL
7. GENERAL TERMS AND CONDITIONS
8. INSURANCE REQUIREMENTS
9. CONSULTANT SELECTION METHODOLOGY
10. CONTRACT TYPE, OVERHEAD RATE AND FEE
11 . REQUIRED FORMAT FOR RFQ/RFP SUBMITTAL
12. QUESTIONS REGARDING THIS REQUEST
13. PROPOSAL SUBMITTAL PROTOCOL
14. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQ/RFP
PREPARATION
EXHIBIT A - CITY OF SAN BERNARDINO SAMPLE AGREEMENT
[I]
City of San Bernardino
Development Services Department
Page 2
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
1. INTRODUCTION
The City of San Bernardino is soliciting Statement of Qualifications and Technical
Proposals (hereinafter referred to as RFQ/RFP) from qualified firms to provide
professional architectural and engineering services for the proposed Santa Fe Depot
Parking Structure Project.
The proposed parking structure is part of the overall Santa Fe Depot District Area
Development Plan. Federal funds in the amount of $6,000,000 has been secured for
the project. The proposed parking structure will be located at the north-east corner of
Mt. Vernon Avenue and ~d Street, and will have approximately 300 to 400 parking
spaces.
The following information is provided on the following pages to give the consultant a
general idea as to the type of the structure the City is looking for:
· existing site aerial
· proposed parking structure layout superimposed on existing aerial
'"
City of San Bernardino
Development Services Department
Page 1
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
I EXISTING SITE AERIAL
City of San Bernardino
Development Services Department
Page 2
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
PROPOSED PARKING STRUCTURE LAYOUT SUPERIMPOSED ON EXISTING
AERIAL
g
City of San Bernardino
Development Services Department
Page 3
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project CML-5033(039)
2. SCOPE OF WORK
The City is interested in receiving proposals from qualified consulting firms to prepare all
necessary plans and to provide to the City a complete PS&E Bid Package ready for
bidding. Consultant shall work under the direction of the City's Program/Construction
Manager. The scope of services to be provided by the selected consultant for this
project includes the following:
I. PS&E Phase Services: All necessary architectural and engineering services to
prepare a complete PS&E bid package which is approved by all necessary agencies
(City, County, State, Environmental, and all involved regulatory agencies), and is
ready for construction bidding.
. Preliminary Design Development
The consultant shall conduct an existing conditions survey of the project area.
The survey shall include, but may not be limited to aerial photography,
topographic survey, soils investigation and borings, right-of-way mapping, utility
mapping, and other relevant issues that would be necessary to prepare complete
plans. The consultant shall prepare 3 building alternative concepts and present
to City Council, Staff and Public. Each alternative shall include:
o Colored building elevations realistically depicting how the building would look
from all 4 sides.
o A site plan showing the building foot print, landscape areas, driveways, trash
enclosure and other important elements.
o Material and color boards for each alternative.
o Cost estimates for each alternative.
An important element in the design development is creating a fayade and various
design features to incorporate the unique characteristics of the Historic Santa Fe
Depot and the area.
The consultant shall present the alternatives to the City Council, SANBAG, staff
and public for review and input. Based on comments received, the consultant
shall develop a final alternative, and present it to City Council and SAN BAG with
all necessary details for final review and approval. Upon approval, the consultant
shall prepare and obtain all necessary environmental documentation for the
selected alternative.
t PS&E Design
The consultant shall prepare complete PS&E bid package for the selected
alternative. The PS&E design shall include providing all necessary services and
preparing all necessary plans required for the construction of the project in all
detail. The plans may include but not limited to plans for site development,
g
City of San Bernardino
Development Services Department
Page 4
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
building, electrical, mechanical, plumbing, HVAC, structural, landscaping, site
lighting, paving, striping, dry and wet utilities, etc. The consultant shall be
responsible for all consulting services such as surveying, pavemenUgeotech/soils
engineering, architectural, civil, structural, utility coordination, and any and all
aspects of the project necessary to develop a complete PS&E bid package ready
for bidding. The consultant shall also prepare the specifications for the project.
The City's Program/Construction Manager will prepare Administrative section of
the specifications.
The consultant shall provide cost estimate for the project in an itemized
"schedule of values" format.
During the PS&E phase the consultant shall attend monthly progress meetings
with the City's Program/Construction Manager and City staff, and prepare and
make 1 presentation to the City Council and 1 presentation to SANBAG Board on
the project.
II. Bidding Phase Services: All necessary services including but not limited to:
o Attending pre-bid meeting (1 assumed).
o Assist City's Program/Construction Manager in responding to bidder's questions.
o Assist City's Program/Construction Manager in review of bids received.
III. Construction Phase Services: Consultant shall work under the direction of the
City's Program/Construction Manager and provide SJpport services as necessary,
including but not limited to:
o Providing support to City's Program/Construction Manager to answer questions
and clarifying items which relate to the PS&E package prepared by the
consultant.
o Reviewing and approving shop drawings to be submitted by the contractor as per
the PS&E package.
o Attending monthly construction meetings with the City's Program/Construction
Manager, contractor, and other involved parties. Preparation and distribution of
meeting minutes.
o Reviewing contractor change order requests, and providing necessary
information to the City's Program/Construction Manager as they relate to the
consultant's design.
o Attending project walk-through(s) and assisting City's Program/Construction
Manager in the preparation of punch list.
In summary, the consultant shall be responsible for all aspects of preparing and
submitting a complete PS&E Bid Package, approved by all required agencies and
ready for bidding, and provide necessary support services during design, bidding
and construction phases. Consultant shall work under the direction of the City's
Program/Construction Manager. The consultant shall account for any and all
a
City of San Bernardino
Development Services Department
Page 5
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
services, costs and expenditures to provide its services as necessary. The City
will not accept any change order requests from the consultant for increased
scope and/or claims that a service/cost was not part of the scope.
3. FEE PROPOSAL SUBMITTAL
The Fee Proposal shall be submitted in a separate sealed envelope. The fee shall be
broken in major project components as shown below. For ffich component, the
consultant shall provide a breakdown of tasks, staff and hours in detail.
The fee proposal shall be submitted showing a summary of fees per task in the format
shown below, and a summary of fees per labor breakdown showing each person, hours,
actual pay rates, overhead, profit, and reimbursables in the format shown on the next
paQe.
SUMMARY OF TOTAL FEES PER TASK
Project Major Phase Tasks and Costs Phase
Phases Costs
Preliminary Design Development $
Soils Engineering $
I. Surveying and Mapping $
PS&E Civil Engineering $ $
Phase
Services Architectural $
Landscape Architecture $
Management and Admin $
II. Attend Pre-bid Meeting $
Bidding Answering questions/addenda $ $
Phase
Services Management and Admin $
Attend monthly construction meetings (assume 24) $
Provide support during construction (assume 300 hrs total) (If
III. questions relate to issues which are not sufficiently covered
Construction in the documents prepared by the Architect. the City will not $
Phase pay for architect's time to clarify or provide correct $
Services information for such items.)
Soils/Geotechnical Engineer support (assume 200 hrs) $
Walk Throughs, Punch List $
Management and Admin $
Any and all other services and expenditures (including direct reimbursables) not listed $
specifically above but would be necessary to provide complete services as necessary
Grand Total Consulting Fee $
~
~
City of San Bernardino
Development Services Department
Page 6
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
SUMMARY OF FEES PER LABOR BREAKDOWN
DIRECT LABOR COST Pay Rate Hours Total
Name and Title $ $
Name and Title $ $
Name and Title $ $
Name and Title $ $
Name and Title $ $
Name and Title $ $
Name and Title $ $
Name and Title $ $
Name and Title $ $
Name and Title $ $
TOTAL DIRECT LABOR COST $
OVERHEAD COST (FRINGE BENEFIT AND INDIRECT) (Indicate your
current overhead rate and multiply "TOTAL DIRECT LABOR COST"
with your" OVERHEAD _0/0", and show the result as "OVERHEAD % $
COST". The City will have Caltrans or Caltrans certified CPA conduct
a Federal audit of the overhead rate)
SUBTOTAL 1 = "TOTAL DIRECT LABOR COST" plus "OVERHEAD COST" $
FEE (Profit) (maximum 10% of SUBTOTAL 1) 10% $
SUBTOTAL 2 = "SUBTOTAL 1" plus "FEE" $
DIRECT REIMBURSABLES (provide itemized list-no markup will be accepted on direct $
reimbursables)
SUBCONSUL TANTS (provide itemized list-no markup will be accepted on $
subconsultant costs)
TOTAL COST (NOT TO EXCEED FEE) = "SUBTOTAL 2" plus "DIRECT $
REIMBURSABLES" plus "SUBCONSUL TANTS"
"
City of San Bernardino
Development Services Department
Page 7
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
4. PROJECT SCHEDULE
Task Date
Beain advertisement for RFQ/RFP November 23,2005
RFQ/RFP are due at the City December 29, 2005, 4:00 PM
Selection of shortlisted consultants January, 2006
Interview of short listed consultants January, 2006
Selection of most aualified consultant January, 2006
Neaotiations with the selected consultant January/February, 2006
Pre-award Audit of Consultant January/February, 2006
Award of contract to selected consultant Januarv/February, 2006
Notice to Proceed Februarv, 2006
5.
DISADVANTAGED BUSINESS
PARTICIPATION REQUIREMENT
ENTERPRISE
(DBE)
PROGRAM
The City of San Bernardino is committed to fulfilling the spirit and intent of the
Disadvantaged Business Enterprise (DBE) Program regulations published under Title
49 CFR Part 26; Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs. It is the policy of the City of San Bernardino to ensure that
disadvantaged business enterprises have equitable access to participate in all federally
funded projects. Further, it is the policy of the City of San Bernardino to promote equal
opportunity and nondiscrimination on the basis of race, color, sex, or national origin in
the award and/or performance of any federally funded , or in the administration of its
DBE program or the requirements of 49 CFR Part 26.
The City of San Bernardino has established a goal of 5% for DBE participation on this
procurement. As it is recognized that DBE participation cannot be accurately
determined until the scope has been finalized and the contracting parties have
concluded negotiations, the award of the contract will be conditional upon the firm's
ability to meet the established DBE participation goals at the conclusion of contract
negotiations. If, after the conclusion of negotiations, the firm is unable to meet the DBE
participation goal, or provide a showing of Good Faith Efforts to do so, the negotiations
will be terminated and the City will seek a contract with the next qualified firm.
6. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the
background, experience, and qualifications to complete the project. The City reserves
the right to approve all key personnel individually for work on this contract. All key staff
shall be named in the contract. After the contract is signed, the proposer may not
replace key staff unless their employment is terminated or agreed upon by the City.
~ City of San Bernardino
~ Development Services Department
Page 8
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
The City must approve replacement staff before a substitute person is assigned to the
Project. The City reserves the right to request that the proposer replace a staff person
assigned to the contract should the City consider such a replacement to be for the good
of the project.
7. GENERAL TERMS AND CONDITIONS
Exhibit A contains a copy of the anticipated contract the selected consultant will be
required to sign for this project. Each prospective consultant is expected to review the
general terms and conditions and acknowledge their acceptance of Exhibit A (or their
objections to specific parts of Exhibit A) as a mechanism to expedite the contract
negotiation process.
8. INSURANCE REQUIREMENTS
The Consultant will be required to maintain in force at all limes during the performance
of their work the following policy or policies of insurance covering its operations:
a. Comprehensive General Liability, including contractual liability, products and
completed operations and business automobile liability, all of which will include
coverage for both bodily injury and property damage with a combined single limit
of 1 ,000,000. The City shall be named as "additional insured" on policies.
b. Professional liability coverage with limits not less than 1,000,000 per occurrence
and $1,000,000 aggregate.
c. Workers' Compensation coverage at statutory limits.
d. The consultant shall assume liability for the wrongful or negligent acts, errors and
omissions of its officers, agents and employees and subcontractors, and have
adequate insurance to cover such negligent acts, errors and omissions with limits
of 2,000,000 dollars.
9. CONSULTANT SELECTION METHODOLOGY
Upon receipt of Proposals, City's consultant selection committee will rank the
responding consultants and devebp a short list of qualified consultants to invite for
interviews. The final ranking of consultants will be based on the interviews. The City
will negotiate final scope and fee with the most qualified consultant.
The proposals will be evaluated based upon several factors. These factors include the
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City of San Bernardino
Development Services Department
Page 9
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
format, organization, and presentation of the proposal, the qualification and experience
of the project staff, and the experience in the processes and procedures of the involved
regulations. The following is the process that will be used for consultant selection:
RECEIVE/EVALUATE STATEMENTS OF QUALIFICATIONS AND DEVELOP SHORT LIST
As a first step in the evaluation process, it will be determined that each proposal contains all forms and
other information required by the RFQ, Submittals may be considered non-responsive if all required
information is not provided and rejected without evaluation. Late submittals, submittals to the wrong
location and submittals with inadequate copies are considered non-responsive and will be rejected.
Submittal of additional information after the due date will not be allowed,
The Consultant Selection Committee will review the submitted Statements of Qualifications according to
the published evaluation criteria and weighting factors, The committee will make an independent random
check of one or more of the consultant's references. This check will also apply to major subconsultants.
The committee will establish a short list of consultants which are determined to be best qualified to
perform the contract work. The short list will include enough qualified consultants to ensure that at least
three consultants are interviewed.
osal Evaluation:
25 Points
25 Points
3.
25 Points
25 Points
100 Points
Each member will then rank the consultants by their respective "proposal score." Th e selection panel will
convene to discuss and evaluate scoring, and to select a short list of the top-ranked consultant teams
based upon the rankings (not scores) of the proposing firms,
NOTIFY CONSULTANTS OF SHORT LIST
All consultants that submitted a Statement of Qualifications will be notified of the results of the review.
The notification will identify only those consultants that are to be requested to attend an interview.
INTERVIEW TOP-RANKED CONSULTANTS
Short-listed firms will be invited to respond to questions about their proposals at an oral interview.
Presenters will be expected to participate in the interview to a degree commensurate with their role in the
firm's proposal. Notification to the short-listed firms will include a time limit for their presentation after
which the selection panel will evaluate each presentation using a 1 DO-point scale and the following
evaluation criteria to calculate an "oral-interview score" for each short-listed firm.
The followin Criteria will be used for Oral Presentation Evaluation:
1. Demonstration of team's understanding of project needs and issues, and
proposed scope of work, schedule and level of effort to complete the project in
an efficient manner.
2, Key Project Team Members' {Project Manager, Parking Structure Lead Project
Desi n En ineer ex erience in mana in and desi nin similar ro'ects.
3. Team's responses to interview questions {including clarity, correctiveness and
com leteness of res onses to uestions.
Total ossible score
30 Points
30 Points
40 Points
100 Poi nts
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City of San Bernardino
Development Services Department
Page 10
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
DEVELOP FINAL RANKING AND NOTIFY CONSULTANTS OF RESULTS
After the oral interviews are complete, each selection panel member will rank the consultants by their
respective "oral-interview score".
The final scoring will be used to establish the most qualified consultant.
10. CONTRACT TYPE, OVERHEAD RATE AND FEE
The Fee for this contract will be based on an hourly rate (which include overhead and a
fee limited to 10%) with a not-to-exceed target for each task subject to an overall
contract cap. Eligible Reimbursable and Subconsultant costs will be reimbursed at cost
without markup. Proof of the prime consultant's audited overhead rate and its contents
must be provided during the contract negotiation period. A pre-award audit as required
on Federally Funded Projects will be conducted prior to contract award. Proof of
overhead rate, or an accepted provisional rate for the prime, would be required in
addition to compliance with Generally Accepted Accounting Principles (GAAP), all
applicable provisions of federal, state, and local laws, statues, ordinances, rules,
regulations, and procedural requirements including Federal Acquisition Regulations
(FAR).
Any contract resulting from this RFQ/RFP will be awarded to a firm whose Technical
Proposal and Statement of Qualifications meet the technical requirements of the RFP
and is evaluated as one of the three highest ranked proposals. Proposals will be
ranked in accordance with the evaluation criteria stated in this RFQ/RFP. Negotiations
regarding a fair and reasonable price will occur subsequent to consultant selection.
Should the City be unable to obtain a fair and reasonable price through negotiations
with the highest qualified proposer, the City shall enter into negotiations with the next
highest qualified proposer and may award that contract if the parties are able to arrive at
a fair and reasonable price. If that is unattainable, the City shall enter into negotiations
with the next highest qualified proposer in sequence until an agreement is reached.
11. REQUIRED FORMAT FOR RFQ/RFP SUBMITTAL
Please submit your proposal in the format specified below:
Cover Letter
This should be a summary emphasizing the strong points of the project team and the
firm's experience. It should be brief (two pages maximum) and include the name,
address, telephone number, title, and signature of the firm's contact person for this
procurement. The signatory shall be a person with the official authority to bind the
company. The cover letter shall state that the submittal is valid for 120 days, and shall
contain an acknowledgment of receipt of all amendments and/or addenda to the
RFQ/RFP.
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City of San Bernardino
Development Services Department
Page 11
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project: CML-5033(039)
Table of Contents
Include contents of proposal.
Section 1: Approach and Scope of Work
Provide your understanding of the project, approach, quality control, value
engineering and scope of work.
Section 2: Project Team, Key Personnel and Resumes
Provide an organization chart showing the names and responsibilities of key
personnel. Provide resumes of all key personnel identified in the organization
chart.
Section 3: Relevant Experience and References
Provide minimum 3 maximum 5 public agency references for similar projects.
Provide a brief summary of each referenced project, your firm's role and
responsibilities, start and completion date of your services, engineer's estimate,
and final construction cost. If your services were not completed within the
approved schedule and/or the final construction cost was different than the
engineer's estimate, explain the reasons.
Section 4: Firm's Qualifications and Experience
Provide a summary of firm's service capabilities, qualifications and experience.
Section 5: Required Attachments
Any additional information proposer wishes to provide.
12. QUESTIONS REGARDING THIS REQUEST
All inqLiries and responses to this RF Q/RFP must be submitted in writing to:
Ali Cayir, PE, Program Manager
Tel: 909-595-8599, Ext. 121
Fax: 909-595-8863
e-mail: cavir@transteche.com
13. PROPOSAL SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit ten
(10) copies of their Statement of Qualifications and Technical Proposals no later than
4:00 PM, December 29,2005 to:
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City of San Bernardino
Development Services Department
Page 12
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE IN THE CITY OF SAN BERNARDINO
Federal Project CML-5033(039)
Mark Lancaster, PE
City Engineer, Deputy Director
Development Services Department
City Hall, 3rd Floor
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Late proposals will not be accepted.
14. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQlRFP
PREPARATION
The City of San Bernardino shall not be liable for any pre-contractual expenses incurred
by any proposer or by any selected consultant. Each proposer shall protect, defend,
indemnify, and hold harmless the City of San Bernardino from any and all liability,
claims, or expenses whosoever incurred by, or on behalf of, the entity participating in
the preparation of its response to this RF Q/RFP. Pre-contractual expenses are defined
as expenses incurred by proposers and the selected consultant, if any, in:
· Preparing and submitting information in response to this RFQ/RFP
· Negotiations with the City of San Bernardino on any matter related to this
procurement
· Costs associated with interviews, meetings, travel or presentations
· All other expenses incurred by a proposer/consultant prior to the date of award
and a formal notice to proceed.
The City reserves the right to amend, withdraw and cancel this RFQ/RFP. The City
reserves the right to reject all responses to this request at any time prior to contract
execution. The City reserves the right to request or obtain additional information about
any and all proposals.
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City of San Bernardino
Development Services Department
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