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RPVCCA_CC_SR_2013_10_01_J_BOA_Agmt_Ab_Cove_Shoreline_Park_&_Cable_TV_Building_ImprovementsCITYOF MEMORANDUM TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS LES JONES, INTERIM DIRECTOR OF PUBLIC WO OCTOBER 1, 2013 AWARD PROFESSIONAL SERVICES AGREEMEN FOR IMPROVEMENTS AT ABALONE COVE SHORELINE PARK AND CABLE TV BUILDING (SUPPORTS 2013 CITY COUNCIL GOAL No. 4, PUBLIC INFRASTRUCTURE) REVIEWED: CAROLYN LEHR, CITY MANAGERClQ_. Project Manager: Siamak Motahari $)1 RECOMMENDATIONS 1. Award contract to Black, O'Dowd and Associates, Inc., which is doing business as BOA Architecture, to provide plans, specifications and cost estimate for the improvement of Abalone Cove Shoreline Park Staff Building and Parking lot; and cable TV Building Restroom ADA Compliance, in the amount not to exceed $49, 135 and authorize staff to spend up to a maximum of $4,913 (10% allowance) for possible additional design work, for a total of authorization of $54,048. 2. Authorize the Mayor and the City Clerk to execute the contract with Black, O'Dowd and Associates, Inc., doing business as BOA Architecture. BACKGROUND Abalone Cove Shoreline Park With the expected completion of the grant funded improvement project at Abalone Cove Shoreline Park in 2014, it is anticipated that public usage of this park will increase significantly. J-1 However, the scope of work of the grant funded Abalone Cove Improvement project excludes any improvements to the existing parking lot or building. In order to accommodate the anticipated increased number of group and individual park users, Staff requested a budget for improvement of the existing parking lot including entrance and exit driveways and gates, improvement of the staff building, upgrading the restrooms for ADA compliance and adding landscaping and irrigation to improve the appearance of the facility. In June 2013, the City Council approved the budget requested for these improvements for FY 13-14. Restroom ADA Compliance at Cable TV Building ADA compliance of the restrooms at the Cable TV building is a separate project located at Point Vicente Park. Since the scope of this work is limited, it was added to the Shoreline Park improvement design work in order to achieve savings on design fee costs. This improvement will upgrade the existing restroom, which is used by staffers and visitors, for ADA compliance. In June 2013, the City Council approved the budget requested for this improvement for FY 13-14. Scope of work 1-Abalone Cove Shoreline Park The scope of work for this project includes improvement and ADA compliance of the wood frame staff building restrooms (approximately 220 SF); reconfiguration of the men's restroom to provide access from the outside in lieu of the existing inside access; improvement of the entrance and exit driveways surfaces; installation of new automated programmable gates with an electronic pay station; painting the building; ADA compliant parking spaces; placement and compaction of crushed base material (CBM) with binder over the parking lot surface; signs; parking space design and installation of wooden wheel stops and measures to create discernible parking spaces and driving isle(s) on the CBM; removal of existing wood pylo'ns and replacement with boulders; fencing; landscaping & irrigation (around the power generator and propane tank with low height landscaping along Palos Verdes Drive South). 2-Cable TV Building The scope of work for this project includes improvements and alterations for ADA compliance of the existing unisex restroom (Approximately 80 SF) located inside this concrete block wall building, possible opening for a new door to access a waiting room and upgrade of the existing ADA parking space. DISCUSSION Black. O'Dowd and Associates, Inc. /BOA Architecture Professional Services Agreement (Design) In July of 2013, staff sent a request to seven consultants to submit their statement of qualifications for the design of the subject projects. Four consultants submitted their qualifications. A panel consisting of three staff members reviewed the respondents' general J-2 background, qualifications and specific skills pertinent to this type of projects and found Black, O'Dowd and Associates, Inc. I BOA Architecture to be the most qualified design firm for this project. The evaluation was based on experience of the firms in providing similar services, relevant experience of individual team members assigned to the project, understanding of the project, ability to perform duties within budget, previous services provided to the City and other clients on the Palos Verdes Peninsula by the firms and/or team members assigned to the project. The process of selection of the design firm was in accordance with guidelines of the Brooks Act, also known as Qualification Based Selection, Public Law 92-582. According to these guidelines, Staff took the next step to discuss and finalize the details of the scope of design work with the -finalist consultant and asked for a fee proposal for the agreed upon scope. The proposed fee is in the amount of $49, 135. For what is included in the final detailed scope of a quality design work, and engineering and architecture required for the design, Staff finds this fee to be reasonable and within industry standards. According to the timeline provided for the project, implementation will begin soon after the Professional Services Agreement is authorized by the City Council and a Notice to Proceed is issued, and will occur in the following phases: • Project Initiation and Field Inventory: 1 month • Engineering Des·ign: 4 months • Project Bidding and Construction: 6 months ADDITINAL INFORMATION The City consulted with a community focus group during the development of the plans for the adjacent Abalone Cove Park Improvement project. In the course of this effort, the focus group inquired about the possibility of subsequent improvements to the parking lot and staff building at the park, and was particularly in favor of improvements to the aesthetic appearance of the property as viewed from Palos Verdes Drive South. Therefore, staff believes the proposed improvements are consistent with the comments received from the focus group. Once plans are developed for the project, staff will confer with the focus group for their feedback on this related improvement to the park. CONCLUSION Awarding the contract will allow Black, O'Dowd and Associates, Inc. I BOA Architecture to begin preparing the necessary architectural and engineering plans for construction work of the projects. FISCAL IMPACT The City Council's approval tonight will obligate $49, 135 of the total budget allocated for the projects. The $4,913 allowance, .which is a potential budget obligation, may be used only with prior written approval from the City and merely for unforeseen conditions that may require additional design work. J-3 Attachment: Professional Services Agreement with Black, O'Dowd and Associates, Inc., which is doing business as BOA Architecture J-4 CITY OF RANCHO PALOS VERDES DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this first day of October, 2013, by and between the City of Rancho Palos Verdes, a California municipal corporation (hereinafter referred to as the "CITY") and Black, O'Dowd and Associates, Inc., a California corporation doing business as BOA Architecture (hereafter referred to as "CONSUL TANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1 .1 Project Description The Projects are described as the Abalone Cove Shoreline Park Parking Lot Improvement and Restrooms ADA Compliance, and City Hall Cable TV Building Restroom ADA compliance. 1.2 Description of Services CONSUL TANT shall perform field inventory, site analysis and review, design development the prepare construction plans specifications and cost estimate (PS&E), and provide construction administration services during bidding and construction, as further described CONSUL TANT's Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall CONSULT ANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSUL TANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULT ANT's control or without CONSUL TANT's fault. R6876-0001\ 134 7704v1 .doc ARTICLE 2 COMPENSATION Page 1 of 11 Agreement for Design Professional Services J-5 2.1 Fee CITY agrees to compensate CONSUL TANT an amount not to exceed forty nine thousand one hundred thirty five dollars ($49, 135) for services as described in Article 1. 2.2 Terms of Compensation CONSUL TANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSUL TANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSUL TANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSUL TANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSUL TANT without liability to CONSUL TANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSULT ANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSUL TANT's Schedule of 1-iourly Rates, which is within Exhibit "A." The rates in Exhibit "A" shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on October 1, 2013, and shall terminate on September 30, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification. Hold Harmless. and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its Page 2of11 R6876-0001\ 134 7704v1 .doc Agreement for Design Professional Services J-6 design professional services and to the maximum extent permitted by law, CONSUL TANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "lndemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULT ANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3·.1 (a), and to the maximum extent permitted by law, CONSUL TANT shall defend, hold harmless and indemnify the lndemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSUL TANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSUL TANT shall defend lndemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1 (b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of lndemnitees. ( c) All duties of CONSUL TANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSUL TANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability Page 3of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-7 CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSUL TANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSUL TANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSUL TANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSUL TANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSULT ANT agrees that it will not cancel or reduce any required insurance coverag~. CONSUL TANT agrees that if it does not keep the aforesaid Page 4of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-8 insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSUL TANT's expense, the premium thereon. 3. 7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSUL TANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSUL TANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty(30) days prior written notice or by CONSULTANT upon ninety(90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSUL TANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSUL TANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product Page 5of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-9 All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSUL TANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSUL TANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSUL TANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSUL TANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULT ANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Projects, the CONSUL TANT shall deliver to the CITY all Written Products and other deliverables related to the Projects without additional cost or expense to the CITY. If CONSUL TANT prepares a document on a computer, CONSULT ANT shall provide CITY with said document both in Page 6of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-10 a printed format and in an electronic format that is acceptable to the CITY. 6.1 Representation ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Director of Public Works or his or her designee, and CONSUL TANT shall notify CITY of CONSUL TANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSUL TANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Personnel CONSUL TANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULT ANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSUL TANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSUL TANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSUL TANT be responsible for its associates and subcontractors' services. 6.4 CONSUL TANT's Representations CONSUL TANT represents, covenants and agrees that: a) CONSUL TANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULT ANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSUL TANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending Page 7of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-11 performance of the services under this Agreement. 6.5 Conflicts of Interest CONSULT ANT agrees not to accept any employment or representation during the term of this Agreement or within twelve ( 12) months after completion of the work under this Agreement which is or may likely make CONSULT ANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSUL TANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSUL TANT require the testimony of CONSUL TANT when there is no allegation that CONSUL TANT was negligent, CITY shall compensate CONSUL TANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6. 7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULT ANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSUL TANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSUL TANT may use the services of persons and entities not in CONSUL TANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, Page 8of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-12 specialized consultants, and testing laboratories. CONSUL TANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSUL TANT notifies the CITY in advance. 6.8 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSUL TANT or any of the CONSUL TANT's employees, except as herein set forth, and CONSUL TANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSUL TANT wishes except as expressly provided in this Agreement. CONSUL TANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSUL TANT shall not, at any time or in· any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULT ANT agrees to pay all required taxes on amounts paid to CONSULT ANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSUL TANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSULT ANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULT ANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULT ANT under this Agreement any amount due to the CITY from CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULT ANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the Page 9of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-13 interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms. Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULT ANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSUL TANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CONSUL TANT's or CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the adqresses listed below, or at such other address as one party may notify the other: To CITY: Les Jones, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSUL TANT: Anthony J. Wu, Executive Vice President BOA Architecture 370 Crenshaw Blvd, Suite E104 Torrance, CA 90503 Page 10of11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ----------- Dated: ----------- ATTEST: By: ___________ _ City Clerk BLACK, O'DOWD AND ASSOCIATES, INC., A CALIFORNIA CORPORATION DOING BUSINESS AS BOA ARCHITECTURE ("CONSUL TANT") By: ___________ _ Printed Name: --------- Title: ------------ By: ___________ _ Printed Name: --------- Title: ------------ CITY OF RANCHO PALOS VERDES, A CALIFORNIA MUNICIPAL CORPORATION ("CITY") By: ___________ _ Mayor APPROVED AS TO FORM: By: ___________ _ City Attorney Page 11 of 11 R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-15 Exhibit "A": Consultant's Proposal and Schedule of Hourly Rates lg)@~ Architecture l.E:0 t_:=..:::i Government Setvices 370 Torrance Blvd. Suite E104 Torrance, CA 90503 Telephone: 310-783-5129 www.boaarchitecture.com September 3, 2013 Mr. Siamak Motahari, PE City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Statement of Work and Fee Proposal Abalone Cove Parking Lot and Restroom Renovation SITE WORK 1. Remove and replace existing parking control system with a new integrated point-of- purchase system. Parking pay station to be next to the existing restroom building. Install vehicle barriers in front of pay station. 2. Provide hard surface accessible parking stalls and signage next to the restroom building and to the entrance of the park. 3. Provide hard surface proper path-of-travel to restroom building and parking pay station. 4. Relocate payphone to side of existing restroom building. 5. Design CMU trash enclosure for two dumpster with concrete slab and apron. 6. Remove wood telephone pole vehicle barriers and replace with large boulders around the existing parking lot and at old Annie's Fruit Stand parking lot. 7. Provide signage for vehicle and room signage. 8. Provide landscape-type screening around existing generator and propane tank. RESTROOM I OFFICE BUILDING 1. Reconfigure the existing restroom to meet current T-24 / ADA codes. 2. Install new door to men's restroom from exterior, close up door from interior access. 3. Work may include removal of existing toilet partitions, urinal, toilets, sinks. It may include new sinks, toilets, most likely in the same location. AU new fixtures/location to be T-24/ADA compliant. 4. Remove old drinking fountain and install new hi-low ADA compliant drinking fountain. 5. Remove existing toilet room accessories and install new compliant versions. Exhibit "A" R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-16 6. New interior finishes for the walls, ceilings, flooring in the office and restroom. 7. Renovate with new interior finishes for the office. 8. New exterior paint finish for the existing building. A/EWORK 1. Field measure existing building to prepare for as-built background drawings. Will use existing provided plans as an initial background. 2. Provide schematic drawings with possible different restroom configuration and accessible parking stall layout configuration. 3. After a design is approved, provide construction documents which will include architecture and engineering drawings/specifications. 4. Submit plans to City Building and Safety Department for plancheck and permit. 5. Assist the City during the bidding phase. Answer contractor questions through addendum process. No pre-bid meeting. 6. Provide construction administration. Attend two progress meetings and final punchlist ·meeting. Provide RFI response, change order response and review payment request if needed. CONSULTANTS NEEDED 1 . Civil Engineering 2. Electrical Engineering (Parking control system) COMPENSATION: We will complete the design, construction documents, bidding assistance, & construction administration for a fixed fee of $38,200.00. REIMBURSABLE EXPENSES: The following items are to be considered reimbursable and are not included in the basic scope of services. 1. Reproduction costs for bid documents such as blueprinting, photocopies, typography, and photography costs, to be invoiced at 1.2 times cost. 2. Construction of any models or prototypes, as required by the Owner to be invoiced at 1 .2 cost. 3. Additional fees incurred by the other consultants as approved by the Owner to be invoiced at 1 .2 times cost. 4. Preparation of renderings at 1 .2 cost. 5. Any permits and fees paid to government agencies at 1.2 cost. 6. Review and approval of Change Orders to be invoiced at 10% the cost of the change order. No fee charges for Change Orders which are credits to the Owner. ADDITIONAL SERVICES 1. Any item not listed in this proposal. We are looking forward to work with you on this project, and welcome any inquires you Exhibit "A" R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-17 may have regarding this proposal. We thank you for this opportunity to work with you and the City of Rancho Palos Verdes. Sincerely, Anthony J. Wu, Principal Architect, LEED AP Executive Vice President BOA Architecture Exhibit "A" R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-18 Exhibit "A": Consultant's Proposal and Schedule of Hourly Rates lg)@~ Architecture ~ ~ Government SeNices 370 Torrance Blvd. Suite E104 Torrance, CA 90503 Telephone: 310-783-5129 www.boaarchitecture.com September 3, 2013 Mr. Siamak Motahari, PE City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Statement of Work and Fee Proposal Cable Building Restroom Renovation SITE WORK 1. Renovate existing accessible parking stall to meet current T-24/ADA codes. 2. Verify proper path-of-travel to building. BUILDING 1. Reconfigure the restroom to meet current T-24 I ADA codes. 2. Work may include removal of existing toilet partitions, urinal, shower stall, sink. It may include new sink, toilet, shower stall in different locations. All new fixtures/location to be T-24/ADA compliant. 3. New light fixtures, finishes for the walls, ceilings, flooring, wall mounted make-up counter and mirror in the storage room and restroom. 4. Saw cut new door opening into the existing storage room from Studio Foyer. Provide structural engineering for the saw cut opening. May require structural bracing and need structural engineering. (Option #1) A/EWORK 1. Field measure existing parking stall, existing building spaces to prepare for as-built background drawings. 2. Provide schematic drawings with possible different restroom configuration. 3. After a design is approved, provide construction documents which will include architecture and engineering drawings/specifications. 4. Submit plans to City Building and Safety Department for plancheck and permit. 5. Assist the City during the bidding phase. Answer contractor questions through addendum process. No pre-bid meeting. Exhibit "A" R6876-0001\134 7704v1 .doc Agreement for Design Professional Services J-19 6. Provide construction administration. Attend two progress meetings and final Punch list meeting. Provide RFI response, change order response and review payment request if needed. COMPENSATION: Basic Fee: We will complete the Basic design, construction documents, bidding assistance, & construction administration for a fixed fee of $7, 185.00. Optional Fee: For Option #1 in addition to the basic fee above, we will complete the design, construction documents, bidding assistance, & construction administration for a fixed fee of $3,750.00. REIMBURSABLE EXPENSES: The following items are to be considered reimbursable and are not included in the basic scope of services. 1. Reproduction costs for bid documents such as blueprinting, photocopies, typography, and photography costs, to be invoiced at 1.2 times cost. 2. Construction of any models or prototypes, as required by the Owner to be invoiced at 1 .2 cost. 3. Additional fees incurred by the other consultants as approved by the Owner to be invoiced at 1 .2 times cost. 4. Preparation of renderings at 1 .2 cost. 5. Any permits and fees paid to government agencies at 1.2 cost. 6. Review and approval of Change Orders to be invoiced at 10% the cost of the change order. No fee charges for Change Orders which are credits to the Owner. ADDITIONAL SERVICES 1. Any item not listed in this proposal. We are looking forward to work with you on this project, and welcome any inquires you may have regarding this proposal. We thank you for this opportunity to work with you and the City of Rancho Palos Verdes. Sincerely, Exhibit "A" R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-20 Anthony J. Wu, Principal Architect, LEED AP Executive Vice President BOA Architecture Exhibit "A" R6876-0001\1347704v1 .doc Agreement for Design Professional Services J-21 Consultant's Schedule of Hourly Rates BOA Staff Houri~ Rates Architecture 2013 2014 $ $ Principal Architect 165.00 170.00 $ $ Architect 150.00 155.00 $ $ Project Manager 140.00 145.00 $ $ Clerical 71.00 74.00 Exhibit "A" R6876-0001\134 7704v1 .doc Agreement for Design Professional Services J-22