HomeMy WebLinkAbout25J - AGMT - CONSULTING SRVSi i
CITY COUNCIL MEETING DATE
JUNE 16, 2015
'ar1ir
W-A-g-N-J, r - r •
CLERK OF COUNCIL USE ONLYc
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1®' Reading
❑ Ordinance on 2n° Reading
CI Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Gillis, Panichapen
Architects, ]no,, subject to nonsubstantive changes approved by the City Manager and City Attorney, to
provide architectural consulting services for a one -year period expiring dune 16, 2016, with provision for a
one -year extension exercisable by the City Manager, in a total amount not to exceed $29,590.
DISCUSSION
Approval of this recommended action will enable the preparation of plans, specifications, and a cost
estimate (Contract Documents) for Americans with Disabilities Act (ADA) Improvements at the Santa Ana
Regional Transportation Center (SARTC). Once the contract documents are completed, bids may be
obtained and the City Council may procure a contractor to construct the improvements as identified in the
Fiscal Year 2015 -16 Capital Improvement Program,
On April 20, 2015, the Public Works Agency released a Request for Proposals (RFP) on the City's website
and advertised in major architectural trade publications CIN A/E Consultant Information Network and the
Orange County American Institute of Architects,
On May 18, 2015, three proposals were reoeived by the submission deadline. They were evaluated and
ranked by a review committee comprised of personnel from various City agencies, including the City's
ADA Coordinator, Ranking criteria included firm and personnel experience, understanding of need,
relevant project experience, schedule, and references. The table below Is a summary of the ratings for the
three firms submitting proposals;
NAME OF FIRM RATING
Gillis +Panlchepan Architects, Inc. -87,0
Pinnacle Design Group, Inc, 96,3
Kluger Architects, Inc. 90.3
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Agreement with Gillis, Panachapan Architects, Inc. for
Architectural Consulting Services
June 16, 2015
Page 2
Following evaluation and ranking, the fee schedules were opened and reviewed. The proposal by Gillis,
Panichapan, Inc. contains an adequate man -hour effort to complete the required services. The firm's
rates are reasonable and within industry standards. Together with the total fee schedule in the amount of
$26,900, the proposal was found to provide the best value and is appropriate for the project.
Because of their ranking, project experience, and competitive fee, staff recommends that Gillis,
Panachapan Architects, Inc. be retained to provide architectural consulting services. The project scope
and award amount have been adjusted to include a 10 percent contingency for a total contract of $29,590.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6
Objective #1 (establish and maintain a Community Investment
(develop and implement the City's Capital Improvement Program
Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Community Facilities & Infrastructure,
Plan for all City assets), Strategy G
in coordination with the Community
Funding is available in the Community Development Block Grant Fund (Account 13518783 - 66220):
$29,590 in the FY15/16.
JV. t n______._ ----
Fr d Mobsavipour
Executive Director
Public Works Agency
Kelly Ree ers—C7
Executive Director
Community Development Agency
FM:SF
Exhibit: 1. Agreement
TO FUNDS AND ACCOUNTS:
rianuisuu kxkujierrez tt ,
Executive Director
Finance & Management Services Agency
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AGREEMENT INCORPORATING COMMUNITY
DEVELOPMENT BLOCI{ GRANT REQUIREMENTS FOR
ARCHITECTURAL CONSULTING SERVICES
(Gillis & Panichapan Architects, Incorporated)
THIS AGREEMENT made and entered into this 176h day of June, 2015 by and between
Gillis & Panichapan Architects, a California corporation (hereinafter "Consultatt "), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City ").
RECITALS
A. The City issued a Request for Proposals ( "RFP ") on April 3, 2015, for a competitive
bidding process to hire a consultant to perform architectural design services including the
preparation of plans, specifications and a cost estimate for the Santa Ana Regional
Transportation Center Improvements ( "Project ").
B. Consultant was chosen through this competitive process after submitting its Proposal and
being evaluated as the most experienced candidate for the job, through a fair competitive
selection process consistent with Government Code section 4529.12 and consistent with
the federal rules of procurement.
C. The City, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ( "HUD ") Community Development Block Grant
( "CDBG ") Program, desires to enter this Agreement with the Consultant for the
expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CFR 570.000, et seq. ( "CDBG Reg's "), to pay for the architectural design
services relating to the Project.
D. In undertaking the performance of this Agreement, Consultant represents that it is
Imowledgeable in its field and that any services performed by Consultant corder this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform architectural design services for the Santa Ana Regional
Transportation Center Improvements Project, as set forth in Attachment A, Scope of Work, from
the City's Request for Proposals issued April 3, 2015, attached hereto as Exhibit A and the
Consultant's Scope of Services and Schedule, attached hereto as Exhibit B. All Exhibits to this
Agreement are incorporated by reference.
Exhibit 1
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2. CONSULTANT'S OBLIGATIONS (CDBG)
A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery
and performance of its obligations under this Agreement will not constitute a default or a
breach under any contract, agreement or order to which Consultant is a party or by which
it is bound.
B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy
proceeding.
C. No Pending Legal Proceedings /Debarment. Consultant is not the subject of a
current or threatened litigation that would or may materially affect Consultant's
performance under this Agreement. Consultant further acknowledges that it is not on the
list of debarred Consultants.
D. No Pending Investigation. Consultant is not aware that it is the subject of any
current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority that would relate to
affect performance of the Agreement or provision of services hereunder.
E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing its operations. Consultant shall
ensure that its staff shall also obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing Consultant's operations hereunder.
F. Audit Report Requirements. Consultant agrees that if Consultant expends Five
Hundred Thousand Dollars ($500,000.00) or more in federal funds, Consultant shall have an
annual audit conducted by a certified public accountant in accordance with the standards as
set forth and published by the United States Office of Management and Budget. Consultant
shall provide City with a copy of said audit by October 1 of the year following the program
year in which this Agreement is executed, if applicable.
G. Record Keepurg/Reporting, Consultant shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000,
et seq.
H. Access to Records. City and the United State Government and /or their
representatives shall have access for purposes of monitoring, auditing, and examining
Consultant's activities and performance, to books, documents and papers, and the right to
examine records of Consultant's subcontractors, bookkeepers and accountants, employees
and participants in regard to said program. City and the United States Government
and /or their representatives shall also schedule on -site monitoring at their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and
participants in said program and entering any premises or any site in which any of the
services or activities funded hereunder are conducted, or in which any of the records of
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Consultant are kept. Nothing herein shall be construed to require access to any privileged
or confidential information as set forth in federal or state law.
I. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the funds received by
Consultant and all documents related to this Agreement shall be maintained and kept
available at Consultant's office or place of business for the duration of the Agreement
and thereafter for five (5) years after completion of the Project in conformity with the
CDBG Rag's. Records which relate to (a) complaints, claims, administrative proceedings
or litigation arising out of the performance of this Agreement, or (b) costs and expenses
of this Agreement to which City or any other governmental agency takes exception, shall
be retained beyond the five (5) years until complete resolution or disposition of such
appeals, litigation claims, or exceptions. In the event Consultant does not make the above -
referenced documents available within the city of Santa Ana, California, Consultant agrees
to pay all necessary and reasonable expenses incurred by City in conducting any audit at the
location where said records and books of account are maintained.
J. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and
regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension; renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. Consultant shall submit a signed certification
to City prior to performing any of its obligations under this Agreement and prior to any
obligation arising on the part of City to pay any sums to Consultant under the terms and
conditions of this Agreement.
If any funds other than Federal appropriated finds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in
accordance with its instructions.
K. Financial Interest. Consultant agrees that except for the use of funds to pay salaries
and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to activities assisted under the terms of this
Agreement, or who are in a position to participate in a decision- making process or gain
inside information with regard to such activities, may obtain a financial interest or benefit
from a City - assisted activity of Consultant, either for themselves or those with whom
they have family or business ties, during their tenure or for one year thereafter. This
prohibition applies to any person who is an employee, agent, consultant, officer, or elected
or appointed official of City, or of any designated public agencies, or the Consultant.
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L. Drug Free Workplace. Consultant certifies that it has established the following
drug -free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee
involved in a federally funded program.
2. As an employee working in conjunction with a federally funded program,
the employees of Consultant will be required to:
a. Abide by the terms above in statement 1.
b. Notify appropriate officials of Consultant and City officials of any
criminal drug statute conviction for a violation occurring in the
workplace not later than five days after such conviction.
3. The City and the United State Department of Housing and Urban
Development will be. notified within ten days after receiving notice of any
such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will
be taken against such employee, up to and including termination. Each
such employee shall be required to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by
a federal, state or local health, law enforcement, or other appropriate
agency.
M. Nondiscrimination. Consultant agrees that no person on the ground of race, age,
color, disability, national origin, religion or sex will be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds received pursuant to this Agreement. Consultant
affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
N. Conflict of Interest. The Parties shall ensure compliance with all applicable conflict
of interest laws including, without limitation, the Fair Political Practices Act and
Government Code section 1090, et seq. Any conflict or potential conflict of interest of
any officer of Consultant shall be fully disclosed in writing prior to the execution of this
Agreement and said writing shall be attached and deemed fully incorporated as a part
hereof. Notice shall be sent by Consultant to City regarding any changes or modifications
to its board of directors and list of officers.
O, Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any
person to fill a position fimded through this Agreement if a member of that person's
immediate family is employed in an administrative capacity by Consultant. For the
purposes of this section, the term "immediate family" means spouse, child, mother, father,
brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law,
daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term
"administrative capacity" means having selection, hiring, supervisor or management
responsibilities.
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3. DELIVERY OF WORD PRODUCT
Consultant shall deliver to City all work products which result from the services
provided. Said work product shall be submitted in a form compatible with the City's computer
system, as agreed between the City's designated Project Manager and Consultant.
In regard to material produced as a deliverable under the Agreement, including but not
limited to books, reports, plans, photographs, drawings, videotapes, and computer programs,
Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that the authors of all such material, whether copyrighted or not, award to the
City, and to its officers, agents and employees acting within the scope of their official duties, as a
condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license
throughout the world to disclose, publish, translate, reproduce, and use such materials.
4. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as payment for its services, the
rates and charges identified in Consultant's Fee Proposal dated June 2, 2015, attached,
hereto and incorporated herein as Exhibit C. The total sum to be expended hereunder
shall not exceed twenty -six thousand nine hundred dollars ($26,900) during the Term of
this Agreement.
b. There shall be a contingency of ten percent (10 %) over the base price for unanticipated
expenditures for a total not to exceed amount of twenty -nine thousand five hundred
ninety dollars ($29,590). Consultant shall provide clear documentation evidencing the
need for any contingency costs, subject to prior approval by the Executive Director of
Public Works.
c. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth in
the Recitals which may reasonably be expected by City.
5. TERM
This Agreement shall commence on June 17, 2015, and terminate on June 16, 2017,
unless terminated earlier in accordance with Section 14, below. The Term of this Agreement
may be extended, on the same terms and conditions set forth herein, by a writing executed by the
City Manager and the City Attorney.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer- employce relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
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wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes,
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than
the following: single limit coverage applying to bodily and personal injury, including
death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not contributory with respect to insurance or self - insurance programs
maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self- insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any em'ployer's liability insurance with limits not less
than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
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(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect by the
Consultant without thirty (3 0) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement. Such termination shall not affect Consultant's
right to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harnless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief wising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement
to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is
caused by the negligence of the Consultant. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of
the terms of, or effects, arising from this Agreement. In no case will Consultant be required to
indemnify or hold harmless the City from injury, damages, just compensation, restitution,
judicial or equitable relief caused by the negligence of the City. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other
party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure
shall riot apply to any information that (a) has been disclosed in publicly available sources; (b) is,
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through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Facsimile: 714- 647 -6956
Copies to: City of Santa Ana
Public Works Agency
20 Civic Center Plaza (M -36)
F.O. Box 1988
Santa Ana, CA 92702 -1988
Facsimile: 714-647-5635
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile: 714- 647 -6515
To Consultant: Gillis & Panichapan Architects, Incorporated
Attn: Jack Panichapan, President
2900 Bristol Street g -205
Costa Mesa, CA 92626
i ack0' marchitects.ora
(714) 668 -4260 office
(714) 668 -4265 fax
A party may change its address by giving notice in writing to the other party. Thereafter,
25Jg 10
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty -foLLr (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terns of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
14. TERMINATION
A, This Agreement maybe suspended or terminated by City upon five (5) days' written
notice for violation by Consultant of Federal Laws governing the use of Connnunity
Development Block Grant Funds. In the event of such suspension or termination,
Consultant shall only be entitled to reimbursement for approved expenses incurred up to the
effective date of suspension or termination.
B. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any
of its obligations hereunder, City may declare a default and termination of this Agreement
by written notice to Consultant, which default and termination shall be effective on a date
stated in the notice whicb is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of
termination stated in such notice. If terminated for cause, City shall be relieved of further
liability or responsibility Linder this Agreement, or as a result of the termination thereof,
including the payment of money, except for payment for approved expenses incurred for
services satisfactorily and timely performed prior to the mailing or service of the notice of
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termination, and except for reimbursement of (1) any payments made for services not
subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City
in obtaining substitute performance.
C. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
D. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. [Intentionally heft Blank]
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed, by the laws of the State of California. Both parties farther
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
18. MISCELLANEOUS PROVISIONS
a, Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terns of this Agreement,
and shall indemnify City frilly, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
CITY OF SANTA ANA
David Cavazos
City Manager
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APPROVED AS TO FORM:
SONIA R. CARV.
City Attgrpey,� --
CONSULTANT:
Gillis & Panichapan Architects, Inc.
City
Jack Panichapan, AIA, LEED AP
RECOMMENDED FOR APPROVAL: President, CEO
Fred Mousavipour
Executive Director
Public Works Agency
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EXHIBIT A
ATTACHMENT "I" TO CITY Rr'P
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Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ARCIIITECTURAL SERVICES
SANTA ANA REGIONAL TRANSPORTATION CENTER
ADAIMPROVEMENTS
RFP NO.: 15 -028
Introduction and Description of Work
The Santa Ana Regional Transportation Center ( SARTC), 1,000 East Santa Ana Boulevard, was built in 1985.
It is a Spanish colonial structure serving Amtrak, Metrolink, is a hub for the Orange County Transportation
Authority bus system and is also a terminal for several Mexican bus tour companies, The Centel` also leases
office space to the State of California Economic Development Department, County of Orange Social Service
Agency and the Santa Ana Work Center.
The main building is a three story structure with lobby area, ticketing, gift shop, cafe, restrooms, and office
spaces. The 5 -story entry tower houses assembly areas on the fourth and fifth levels. On the exterior it is
flanked by north -south bound train platforms, pedestrian bridge, outdoor courtyard area, passenger
loadiag/unloading, surface parking lots for vehicle, bus and taxi, and a three -story parking structure.
The facility and its surrounding site needs to be upgraded to be fully compliant with current Federal and State
Regulations as they pertain to the American's with Disabilities Act (ADA). This includes the Federal "2010
ADA Standards for Accessible Design" as written by the U.S. Department of Justice, and the 2013 California
Building Code (Title 24, Part 2, of the California Code of Regulations).
An ADA compliance survey was completed by the City in May 2012. The City is seeking an Architectural firm
to take the findings from this survey and prepare Contract Documents to address the deficiencies so the project
can be competitively bid for construction. The project construction budget is $139,000.
The Scope of Work area includes, but is not limited to, the complete interior of the facility, surrounding
courtyards, colonnade -, and drop -off areas, train loading platforms, pedestrian bridge, sidewalks, surface
parking lots, parking structure, and public right -of -way.
Consultant Responsibilities:
The Consultant's responsibilities shall consist of the following proj ect tasks:
Task 1: Pre - Design
Preliminary design phase shall include Kick. -off meeting with City Staff to discuss scope of work, project goals and
objectives, potential elements and issues, schedule, and to receive and discuss 2012 SARTC Accessibility Study
prepared by City of Santa Ana.
Consultant shall thoroughly review 2012 SARTC Accessibility Study and conduct additional site investigations as
required to determine current conditions and completeness of report.
FP 15 -028
5
Task 2: Design Development (50% plans)
Design development phase will involve development of plans based upon Task I information and analysis.
➢ Deliverables from this task shall include a 50% set of plans, draft outline specification and "Opinion of
Probable Cost'.
Task 3: Construction Documents (90% and 100 %plans)
Construction Documents phase (CDs) shall include finalizing plans and specifications from the Design
Development phase. This includes the provision of detailed engineering and construction drawings that will serve
as the basis for both bidding and construction by a general contractor.
➢ Deliverables from this task shall include 90% and 100% plans, final technical specifications, and a
finalized "Opinion of Probable Cost ".
Plans:
Plans shall include, but are not limited to the following:
• Title Sheet
• Site Plan, including:
• Surface parking lots
• Right of Way improvements
• Accessible Route of Travel
• Striping, signage and detailing, as required
• Parking Structure
• Plans
• Striping, signage and detailing, as required
• Architectural
• Building Floor Plan
• Enlarged Restroom Plans
• Interior Elevations, as required
• Building Sections, as required
• Architectural Details, as required
Plans shall be submitted at 90% completion for City staff review, and revised per City comments to produce a
100% complete construction drawing package. It is imperative that the consultant exercise care and
completeness when implementing plan check comments, to keep project moving more as expeditiously as
possible. The City will then conduct one more cursory review prior to obtaining all final approvals and
signatures.
Technical Specifications
Technical specifications for all components listed above shall be provided by Consultant, or their Sub -
consultants, to the City in CSI (Construction Specifications Institute) format. City Staff will combine these
specifications with the City Boiler Plate which together, will become the Project Manual.
Final Opinion of Probable Cost
Consultant shall provide updated opinion of probable constriction cost wlvch shall reflect finalized plans,
City of Santa Ana RFP 15 -028
253-1
Project Files:
Consultant shall provide review sets in .pdf fonnat. Final plans shall be provided in AutoCAD or Microstation
format
Project Schedule:
City is committed to completing all construction by December 2015. Consultant shall be prepared to complete all
tasks within a 4 -week period. Kick -Off meeting will be held immediately following contract agreement execution.
City will provide a 2 -day turnaround when plan checking.
City Responsibilities
The City will be responsible for the following items:
• Providing copies of available plans and existing documentation on file.
• Providing standard City boilerplate specification.
• Acting as a liaison with the appropriate decision making bodies, as necessary.
• Furnish electronic design file with City title block and title sheet (24" x 36 ")
• Process plans for governmental agency approvals having jurisdiction over the project.
Fee Proposal:
In addition to Section FV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to
correspond to the above mentioned tasks as follows:
"Task 1: Pre - Design
Task2: Design Development
Task3: Construction Documents
Total Fee:
Fee schedule for each task should include an hourly breakdown that corresponds to the task total.
S12ecial Requirements
Compliance with Requirements of Funding Agency: This agreement will be funded through the U.S.
Department of Housing and Urban Development, Community Development Block Grant Program and as such
is subject to the conditions of the Section 3 Contract Clause. Proposer shall comply with all requirements as
they pertain to the use of these fluids. Refer to Attachment 4, included in the Appendix of this RFP.
EXHIBIT B
CONSULTANT'S SCOPE OF SERVICES AND SCHEDULE
25J -18
SCOPE OF SERVICES & SCHEDULE
Statement of Proposals -Santa Ana Regional Transportation Center ADA Improvements
The Project Tasks:
Task 9: Pre - Design: 1 week
Kick off meeting
The preliminary design phase shall Include an Initial Kick -off meeting with City Staff to discuss scope of
work, project goals and objectives, potential elements and issues, schedule, and to receive and discuss
2012 SARTC Accessibility Study prepared by City of Santa Ana,
2012 SARTC Accem.11bility Study Review and Assessment
GPa will thoroughly review 2012 SARTC Accessibility Study and compare it to the requirements of the
currently Implemented 2013 CBC Code. There could be potentially additional updates to the report
based on the Implementation of the 2013 CBC since the completion of the report in 2012,
Site Survey for verification of report
GPa will assess the bullding and site to conduct additional site Investigations as required to determine
current conditions and completeness of report.
Provide Itemized schematic costs for Items listed in the 2012 SARTC Accessibility Study
After determining the needs outlined by the report along with our site and code update assessment we
will offer a cost analysis to determine how much It would be to complete a full accessible update of the
facility.
&l. §jag9 gpd Q dtJ0g.9p LS2LS34_dRg(A�e, �p according to costs analysis
After itemizing the costs of the Improvements outlined in the 2012 report as well as any additional
Improvements from the site survey and 2013 CBC, we will determine with the city the most critical items
to update based on the City's designated construction budget.
GPa wlll document the needed ADA improvements and prepare a statement of probable costs for
those improvements. Should the proposed improvements exceed the Cltys designated $139,000
deemed for construction, We will work with the city to determine the most critically needed
improvements to move forward into design development.
A workshop to review the critical updates needed and their potential costs will be organized with the
City, Construction costs will also be examined In terms of their Impact for Improvement of the facility In
the long term.
With the age and condition of the building, we anticipate that the construction costs for the needed
ADA Improvements could likely exceed the designated budget.
Page 20 of 25 �. _ Gillis a Panichapan Arcnlloct& Inc
25J -19
_ SCOPE OF SERVICES & SCHEDULE
Statement of Proposals- Santa Ana Reglonat Transportation Centef ADA Improvements
Task 2: Design Development (50% plans): 1 week
The Design development phase will Involve development of plans based upon the information and
analysis gathered from Task 1 along with input we have gathered from the City. This stage Initiates the
development of design details for the final selected ADA accessible improvements,
This will be accompanied by a statement of probable cost for the selected improvements, (This would
be updated from the conceptual statement of probable cost from the initial design stage based on the
final selected Improvements chosen,)
The Dellverables from this task will include a 50% set of plans, draft outline specification and
"Opinion of Probable Cost'.
Task 3: Construction Documents (90% and 100% plans) and Entitlement: 2 weeks
GPa will develop the design information from Task 2 regarding the renovation including material
selections, demolition and reconstruction plans for the proposed accessible improvements.
Provide 90% plan review and submittal for entitlement
GPa will provided on updated Statement of Probable Costs based on refinements to the plans.
Construction Documents phase (CDs) will Include finalizing plans and specifications from the Design
Development phase. This Includes the provision of detailed drawings that will serve as the basis for both
bidding and construction by a general contractor.
Deliverables from this task shall include 90% and 100% plans, final technical specifications,
and a finalized "Opinion of Probable Cost
Flans:
Depending on the determined priorities of Issues within the Transportation Center based on our
review sessions with the City, plans may include but are not limited to some, of the following:
• Title Sheet
• Code Assessment sheet
• Site Plan, including:
• Surface parking lots
• Right of Way improvements
• Accessible Route of Travel
• Striping, signage and detailing, as required
• Parking Structure
o Plans
o Striping, signage and detailing, as required
+ Architectural
• Building Floor Plan
• Enlarged Restroom Plans
• Interior Elevations, as required
• Building Sections, as required
• Architectural Details, as required
Gillis -* Panichopm Architects, Inc.
25J -20
a
Page 21 of 25
SCOPE OF SERVICES & SCHEDULE
Statement of proposals - Santa Ana Reglonal Transportatlon Center ADA Improvements
Entitlement
GPa will Provide documentation for City Building Department to review plans for approval.
Plans will be submitted at 90% completion for City staff review, and revised per City comments to
produce a 100% complete construction drawing package.
Care and completeness will be exercised when Implementing plan check comments, to keep project
moving as expeditiously as possible. The City will then conduct one more cursory review prior to
obtaining all final approvals and signatures.
Initial General Observations from GPa;
In observing and walking the SARTC facility for this proposal, we found that there have been some
accessibility improvements over the years to the public restrooms and the plumbing fixtures in the public
areas of the transportation areas since the facility had been built. Some of these Items have
experienced some heavy wear and tear, along with vandalism issues. For example In the men's
restroom some of the urinals although modified for accessibility are not In working condition,
In additlon, the drinking fountains are measured to be dimensionally conforming to current codes but
are not currently in working condition. We would like to see how Improving existing code compatible
fixtures would play a role in the accessibility improvements and the associated budget.
We would like to discuss how these possible Improvements with the City as a pad, of this proposal.
Pago 22 of 25 _ Gillis i. Panichapon ArcntteW ts, Inc.
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SCOPE OF SERVICES &SCHEDULE
Statement of Proposals - Santa Ana Regional Transportation Center ADA Improvements
Schedule:
Week t Week 2 Week 3 Week 4
Pte - Destgn
Kick -OH Meeting
Client Review Workshop and Statement of Probable Costs
Glills + Pon chapan Architects. Inc.
25J -22
90% CDs
Ennlitlement Building
Department Review
100% CDs
Public Bid
Page 23 of 25
Statement of Proposals - Santa Ana Regional Transportation Cantor ADA Improvements
This Page is Intentionally Left Blank
.T
Page 24 of 25 s t. Panichapan Archileds, Inc.,
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CERTIFICATION
Statement of Proposals - Santa Ana Regional Transportatlon Center ADA Improvements
The following forms attached within this section:
Attachment 3 -1: Non - Collusion Affidavit
o (see notary public seal on the attached document)
Attachment 3 -2: Non - Lobbying Certification
Please refer to the fee proposal In the sealed envelope.
GIDIS + Panlchapan Aicnit8cts, Inc,
25J -24
�E
EXHIBIT C
CONSULTANT'S FEE PROPOSAL DATED JUNE 2, 2015
25J -25
June 2, 2015
Suzi Furlanic, AIA, LEED Green Associate
Assoc. PL Planner
City of Santa Ana
Public Works Agency M -36
Design Engineering
20 Civic Center Plaza
Santa Ana, CA 92702
Re: Fee Proposal for Santa Ana Regional Transportation Center ADA Improvement RFP no.: 15028
Dear Suzi,
We are pleased to submit our revised fee statement for the Santa Ana Regional Transportation Center ADA
Improvement to the City of Santa Ana. Within this package you will find our fee schedule, including our hourly
rates and reimbursable expenses.
A. COMPENSATION
We propose to furnish these services not to exceed the following lump sum fee:
$26,900 (Twenty six thousand and nine hundred dollars)
Please see attached Fee Exhibits for cost summary and fee breakdown. Additlonal services outside the Scope
of Work agreed upon shall not be performed without the authorization of the City.
We look forward to working with you on this project.
Respectfully,
Jack Panichapan, AIA, LEED AP
President, CEO
Gillis + Panichapan Archltects, Inc
lack@gparchltecls.org
2900 brlstol street 6-2051 costa mesa, collfornla 92626 I P. 714.668,4260 F. 714.668.4265 ( www.gparchttects.org
25J -26
cell A%
FEE EXHIBIT
RFP NO. IS-028
SANTA ANA REGIONAL TRANSPORTATION CENTER f
f
ADA IMPROVEMENTS- REVISED from 5 /19/2015
ISM41315 s
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Design Development-50% Quetrucdon Document Set 1 4 16 1 0 24 53 $5,195
Draft Outline Speadvo ns 1 4 B 8I 9 29 $3,035
Updated SoPC 4 612 2 1$ $1,005
Provide design information regardlog the renovation including material sekxlions, demolition and
reconstruction plans for the proposed accessible Improvements to 100% CDs for plan revinv and 1 0 24 18 24 75 $7,635
bidding.
Development and preparation of additional architectural SpetlOsilons describing materials, systems and 1 4 4 2 2 13 $1,365
equipment wdddna05Np, easily and performance adrenal required for the accessible improvements.
C 2 6 2 10 $1,190
EPA will raddommandip for Ci ty Building Deparrrrlant to review and refine plans. 1 1 1 2 4 $560
Hourly rates ilsi tg suh. T,p .
Sub -Total — __...__.. $26(650
r a '11
' +This reimbursable allowance covers Items *and general pr Ong fees on standard ledger or bblold size paper. Travel expenses,
government fees, dellvery cuts (caul as United Parcel Service charges), and the costs of credal sites printsl reproductions are not
Included in our fee. These Items am "reimbursable" Items and will bas sham separately on our invoice NO a to% coorclluation fee.
SANTA ANA REGIONAL TRANSPORTATION CENTER
25J -27
Provide design information regardlog the renovation including material sekxlions, demolition and
reconstruction plans for the proposed accessible Improvements to 100% CDs for plan revinv and 1 0 24 18 24 75 $7,635
bidding.
Development and preparation of additional architectural SpetlOsilons describing materials, systems and 1 4 4 2 2 13 $1,365
equipment wdddna05Np, easily and performance adrenal required for the accessible improvements.
C 2 6 2 10 $1,190
EPA will raddommandip for Ci ty Building Deparrrrlant to review and refine plans. 1 1 1 2 4 $560
Hourly rates ilsi tg suh. T,p .
Sub -Total — __...__.. $26(650
r a '11
' +This reimbursable allowance covers Items *and general pr Ong fees on standard ledger or bblold size paper. Travel expenses,
government fees, dellvery cuts (caul as United Parcel Service charges), and the costs of credal sites printsl reproductions are not
Included in our fee. These Items am "reimbursable" Items and will bas sham separately on our invoice NO a to% coorclluation fee.
SANTA ANA REGIONAL TRANSPORTATION CENTER
25J -27
'OST ,PROF SCI.
Request for Proposal: Santa Ana Regional Transportation Center ADA Improvement RFP no,: 15 -028
We propose to furnish the services based on the hourly billing rates listed below for the Santa Ana
Regional Transportation Center ADA Improvement. Often we propose an "hourly not to exceed"
contract at the beginning of our process. Below is a schedule of hourly billing rates.
On a case by case basis, we tailor our scope and subsequent fee proposals to accommodate the
scope of work realizing that there is latitude in both parameters to be discussed during the contract
negotiation, These rates we propose would be charted per task required for each project,
The following rates will be valid for the contract duration,
Wo SC t ULE CAP HOUR' Y f3?1UNG ?ATE3
Principal..... ............................... ............................175
Project Director ..................... ............................145
Project Architect .................. ............................120
Job Captain .......................... .............................90
CAD Tech .............................. ............................... 75
Clerical................................... ............................... 60
REINIBWRSIIS� FS
In our contract we often have a reimbursable allowance. This reimbursable allowance covers general
printing fees. Government fees, delivery costs (such as United Parcel Service charges), and the costs
of special sized prints/ reproductions are not Included In our fee. These Items are "reimbursable" Items
and will be shown separately on our Invoice with a 10% administrative fee.
List of reimbursable charges and rates,
Printing Reimbursable price range between 0,10 — 4.25 per st depending on printing
type and paper
Package and Shipment UPS services fee depend on package weight and distance
Outside consultant services coordination 15% of the sub- consultant cost
2400 Bristol street G -2051 costa mesa, carfomia 92626 1 R 714.668.4260 F. 714.668.4265 1 w .gporchltects,org
25J -28