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HomeMy WebLinkAbout08. Approve PSA w-NAC, Inc. for Architectural & Engineering Design Srvcs[Ir-11111111111101 APPROVED BY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY couNcCITY MANAGER FROM: OFFICE OF THE CITY MANAGER BY: JOHN OSKOUI, ASSISTANT CITY MANAGER SUBJECT: APPROVE PROFESSIOO NAL SERVICES AGREEMENT WITH NAC ' INC. FR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES OF THE CITY OF DOWNEY LIBRARY 1. Approve a Professional Services Agreement with NAC, Inc. in the amount of $569,115 for a period of three years; and 2. Authorize the Mayor to execute the agreement in a form acceptable by the City Attorney; and 3. Authorize the City Manager to execute any and all amendments to the agreement as deemed necessary in a form acceptable by the City Attorney. Modernization of the Downey Library is part of the City's Measure S Improvement Program. At its meeting of February 13, 2018, the City Council approved agreements for providing "On -Call Architectural Services" with five architectural firms, which were selected through a statement of qualification (SOQ) process. The intent was to issue a Request for Proposals (RFP) for each one of the earmarked Measure S Projects to all five pre -qualified firms and select one of these firms to complete the necessary professional services for design work. On April 9, 2018, the RFP for the City of Downey Library Modernization Project was sent to the following firms: • ATI Architects and Engineers • IDS Group • NAC, Inc. Westgroup Designs BOAArchitecture E Approve Professional Services Agreement for Architectural & Engineering Design Services for City of Downey Library May 22, 2018 On April 26, 2018, the City received four (4) proposals from ATI Architects and Engineers, IDS Group, Westgroup Designs and NAC, Inc. The proposals were reviewed by a selection committee and evaluated based on the following parameters: Project Understanding Technical Competence Record of Past Performance Budget and Schedule Project Approach Capabilities Full -Service The proposals were reviewed, analyzed and evaluated and ranked based on the aforementioned parameters to select the most qualified firm. After completing this process, the submitted fees were reviewed and analyzed. As such, it has been determined that the firm NAC, Inc. is the most qualified firm to complete design of the City of Downey Library Modernization Project. The chart below summarizes the ranking and submitted fees of the firms who submitted a proposal: It should be noted that after selection of NAC, Inc. as the most qualified firm to complete design of the subject project, staff negotiated to reduce their initially proposed fee of $648,691. NAC - Inc. agreed to perform the necessary services for a fee of $569,115. Staff recommends that the City Council approve a Professional Services Agreement with NAC, Inc. in the amount of $569,115 (Attachment A). It is anticipated that the design process will take - about nine (9) months to be completed. The cost for completing design of the City of Downey Library Modernization Project is included in the Measure S Improvement Program Fund (Account No. 33-1-3301-0520). ATTACHMENTS Attachment A: Professional Services Agreement 2 U61 Zvi :tog M I I I =L" 111r, . 1 1. PARTIES AND DATE. This Agreement is made and ent red i ts nd d the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey, California 90241 ("City") and NAC, Washington corporation, with its principal place of business at 120 W. Riverside Avenue, Spokane, Washington 99201 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties," 2. RECITALS. Consultant desires to perform and assume responsibility for the provision of certain professional architectural and engineering design services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing professional architectural and engineering design services to public clients, is licensed in the State of California, and is familiar with the plans of City. SEE[= City desires to engage Consultant to render such services for the City of Downey Library project ("Project") as set forth in this Agreement. 3. TERMS. 3.1.1 Gehe(6lSdobed(Sbrvid6s. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architectural and engineering design services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 112 Term,. The term of this Agreement shall be from May 22, 20,18 to Mao 22, 2021, unless earlier terminated as provided herein. Consultant shall complete the I ATTACHMENT A Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended by written amendment to this Agreement signed by the City Manager and the Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 3.2.2 Schedule of Services. For each project or task, a specific Schedule of Services will be developed in accordance with the sample Schedule of Services contained in Exhibit "B". City and Consultant will agree on the tasks, task durations and overall project schedule. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the agreed-upon project -specific Schedule of Services. Consultant represents and warrants that it has the professional and technical knowledge and personnel required to perform the Services in conformance with the Schedule. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance timelines to meet the Schedule. 3.2.3 Conformance to Applicable Reouirernents. All work prepared by Consultant shall be subject to the approval of City. 9 3.2.4 Substitution of Ke Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel_ become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Helena Jubany, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority torepresentand act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services; Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care, Performance of EMpjpyees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of thisAgreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timelycompletion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Consultant's violation of such laws, rules and regulations shall also constitute a material breach of this Agreement. 3.2 10 Insurance. 3.2.10.1 Time for Corn fiance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired) and 9 (non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as 4 required by the State of California with Statutory Limits; and (4) Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation: Workers' Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer's Liability coverage may be waived by the City if City receives written verification that Consultant has no employees. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 3.2.10.3 Professional Liability (Errors & Omisionst`. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Additional Insured Status. The Commercial General Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in theformof an endorsement to the Consultant's insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 2037 forms if later revisions are used). (B) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (C) loll Coverages: Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. .2.10.5 PrimaryCoverage. For `any `claims related to this Agreement, the Consultant's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in 3.2.10.6 Separation of Insureds; No S ecial Limitations'. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers. 3.2.10.7 Deductibles and Self -Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City. 3.2.10.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in California, and satisfactory to the City. 3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the. Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement. 6 However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Consultant's obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time. 3.2.10.10 Claims -Made Policies. If any of the policies provide coverage on a claims -made basis: (A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement; (C) If coverage is canceled, non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Consultant must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C' attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred and Sixty Nine Thousand One Hundred and Fifteen Dollars and 00/100($569,115.00) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work.. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager. 3.3.5 Prevailing Wages. Pursuant to Downey Municipal Code Section 2935, the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California_ Code of Regulations,. Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects, shall apply to the Project. Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. If applicable, Consultant shall be registered at all times with the Department of Industrial Relations under the Public Works Contractor Registration Program for Labor Compliance. 3.4.1 ,Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5.1 Termination of Agreement. 8 3.5.1.1 Grounds for Termination, City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Consultant may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein: Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; • Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written; consent of the other party; • Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause, Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delive of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: 9 OTITIff rpm M NAC, Inc. 1203 W Riverside Avenue Spokane, Washington 99201 Phone: (509)838-8240 Fax: (509) 838-8261 Attn: Helena Jubany, Principal -in -Charge City of Downey 11111 Brookshire Avenue Downey, California 90241 Phone: (562) 904-7286 Fax: (562) 923-6388 Attn: City Manager With a courtesy copy to, City of Downey City Attorney's Office 11111 Brookshire Avenue Downey, California 90241 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentialit x 3.5.3.1 Documents &i Data-, Licensing of Intellectual eLg e This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents& Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 10 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation, Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and allotherrelated expenses in such litigation. 3.5.6 Indemnification. 3.5.6.1 General Indemnification. Except as provided in subdivision 3.5.6.2 below which is applicable to "design professionals" only, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials,_ officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit,action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers,employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if 11 any, received by the City, its directors, officials officers, employees, and agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct. 3.5.6.2 Design Professionals. The provisions of this subdivision 3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City's officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant,-subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant's performance of any task or service for or on behalf of City under this Agreement. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Consultant's cost to defend City and/or City's officers, officials, employees or volunteers against any such Claim shall not exceed Consultant's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolutionofthe business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Consultantshall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, recklessness or willful misconduct. 3.5.7 _Entire Aareement This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Cit 's lei 'ht to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 12 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Cautions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment, Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party, Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invald�; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18_ Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee 13 of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19E ual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority BusinessEnterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authori to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument. 3.5.23 Effect of Conflict. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on the next page] 14 CITY OF DOWNEY, a California municipal corporation and charter city By, By: Sean Ashton, Mayor Its: NAC, INC. Helena Jubany, FAIA, LEED AP, CASp Principal -in -Charge Attest.- Attest., Maria Alicia Duarte, CIVIC, City Clerk Secretary APProved as to Form: -�YA CtL Y+,tte M. Abich Garcia, City Attorney 123859 UIOTIOM��� Legal Counsel 15 CITY F DOWNEY, NAC, INC. California municipal corporation a Washington Corporation and charter city By: By Sean Ashton, Mayor Helena J ny, FAIA, LEEC F, CASA Its: Principal -in -Charge Maria Alicia Duarte, CMC, City Clerk Secretary Approved as to form; Approved as to Form: Yvette M. Abich Garcia, City Attorney Legal Counsel 123859 15 •= s ARCH /rprTuns April 262818 Mr. John Oskoui Assistant City Manager City ofDowney 11111 Brookshire Avenue Downey, CA 90241 Dear Mr. Oskoui Let's reimagine the City's Library! We are very pleased to submit our Proposal to the City of Downey for the Modernization of the City of Downey Library and the possibility of working with your team on this exciting project. NAC Architecture is a nationally recognized leader in designing civic and educational facilities. We are continually researching how the library environment is evolving, offering a forward-looking perspective on library planning with a focus on supporting the development of skills needed to serve the community and allow members to better compete in our global economy. For us, a successful project is one that creates an inspiring learning environment that not only addresses the City of Downey program requirements, but provides opportunities for community members Uz explore, learn, grow, and collaborate. The NAC team places a high value on the effective execution of our work, making sure each and every project gets done. We know our public clients are challenged to make the best use of every dollar available for facilities, and take that challenge to heart. |wiU serve as Principal -in -Charge, and in partnership with our Project Manager will lead ateam dedicated to working with the City from the beginning to end of the project. This continuity of leadership as well as individual team members is critical tothe long term success ofour client relationships. We know how important it is to consider the City of Downey maintenance and operation needs in our designs,so that we deliver spaces that are not only operationally sustainable, but ones that are easily maintained both now and in the future, Having designed more than 500 civic and educational facilities, NAC has in-depth experience delivering enriching environments that maximize the construction budget while ensuring low-cost maintenance and energy efficient operations, Name ofthe Firm: NAC, Inc. Address and Place mfBusiness: 837North Spring St,Third Floor, Los Angeles, CA 90012 Tax ID Number: 91-1086202 Telephone Number: (323) 475-8074 Fax Number: (323)475'8O75 Person Authorized to Submit: Hu|ena]ubany,Principal (signature be|ovv) E-mail: hjubany@nacarchitec1urezom This pricing proposal isvalid for 9Odays from submission. We understand the needs of the communities you serve, We will lead the design process to create high performing spaces that create civic engagement and will seamlessly turn your planning efforts into a successful reality. Thank you for your consideration. Helena iubany,FA\A,LEEDAP, rASp Principal -in -Charge Project U aApproach The library bboth avirtual and physical community. Long esteemed asthe cultural center cfacommunity such asDowney, the library continues toserves asboth anaccess point toinformation, and agathering point for collaboration across all ages from senior adults to beginning readers. |t|saplace for learning, working, accessing information, exchanging information and connecting with your community. Alibrary serves not only asarepository ofbooks, but itisalso aplace where local history isrecorded and made available tu the community. We believe that the library as both an institution and aplace isalive and well inthe information age. VVeare truly excited bythe opportunity toreimaginewith you the renewal and revitalization ofthe City ofDowney library. The City ofDowney library has somuch potential! NAC isaleader indesigning spaces that support 21st century learning. Collaborative meetings, media viewing, socializing, gettingcoffee-theseareaUectivities welcomed and supported inthe 21stcentury library. The schematic design vision for the Downey library documents many features that support these qualities asthe starting point for this reimagining:full height glass, City of Downey Site Evaluation: Before Photos 0 Here are some possibilities ve see the site and reviewing your schematic drawings: Welcome Center: Byopening opthe main entry of the building, wmare able tocreate awelcoming experience that asyou step into the library building you are aware nf all the knowledge available for your to discover. Discovery: Bymoving the adult section tnone side bf the library (north)itallows ustmcreate aquieter space, VVeenvision this area being areading ^sanc1uagywith comfortable furniture, natural lighting, and intimate spaces. |tcan beaplace where people can focus on discovering different subjects and interests, Exploration: Bylocating both the kid and teen spaces side byside atthe opposite side ofthe adult section, it opens upthe possibility ofcreating amore vibrant space, a place tostimulate exploration where kids and teens can "learn by doing". Enjoy theoutdoors: Byextending the reading room to the outdoors wecan create a"reading courtyard" that can beused for intimate reading orfor special activities such as a learning garden. While waiting toenter the library inthe morning, wealso saw apossibility toextend the entrance to the front byreinventing the existing sitting area and trellis --a library expansion without having to build more area. Transparency: Byopening upthe spaces —�`either by removing walls orenclosing dwith full height glass, sliding glass doors, and garage doors, wecan showcase activities, promote, and stimulate community curiosity. Susta@ Byintroducing skylights, meare able tobring more natural lighting into the spaces for a space that ismore alive while saving energy. VVecan also explore other sustainable strategies that would not necessarily cost more, such asLED lighting fixtures, energy efficient air conditioning systems, lighting controls, ^green^finishes, renewable energy systems, etc. Our practice for the past 3Oyears has been built upon the renewal ofeducational and civic institutions throughout Southern California. Our approach onrenewal projects cdthis type - which isthe vast majority ofour work -istofind opportunities to celebrate the existing and while welcoming the new. Our team |sdedicated tothis approach from the first user meeting through final close out ofconstruction. 1Management Tostart aproject we arrange akick-off meeting tninclude dient/end-users and the NAC A/Eteam todefine responsibilities, establish the point ofcontact, project schedule, project and/or construction cost, site visits dates, and schedule for interviews with and-users,Based onthis meeting NAC will create amatrix identifying responsibilities for related team members and assign dates toeach task for coordination meetings, dead- lines and milestones, preliminary and final quality control and construc1abi|ityreviews, and deliverables for which each team member isresponsible. The matrix highlights the team coordination meetings, quality control points, and constructabi|ityreview periods for each task which istobeperformed for different phases ofthe project. |tisNA['spolicy to perform weekly coordination meetings during the design phase and bi-weeNycoordination meetings during the construction documents phase, Quality control reviews are conducted atthe middle and end ofeach phase, and are followed byconsiruc±abi|ity reviews for each phase. The reviews include the project schedule and construction cost todefine any adjustments needed tomeet the project goals. Quality Control: It[sour obligation atNAC trmake sure that our documents meet your program requ|re- ments,aMewe||-cnordinatedamongthnengineering disciplines, and clearly communicate the design intent. Asuccessful QA/QC program consists ofmore than athick checklist for what the project manager should look for when reviewing aset ofdocuments prior topublishing. |tmust beacomprehensive program that addresses QA/QC throughout the process onthree |eve|s�systems, organization and tools Experience and References Civic pride and engagement are a priority for our public projects. The library should be an inviting and inspiring space with adaptive resources for the ever changing needs of the children, families, and community of the City of Downey. School and Kid's Library Renovation Playa Vista Elementary PLAYA VISTA, CALIFORNIA COMPLETION DATE 2012 BUDGET $35M SIZE 56,615 SIF CLIENT Los Angeles Unified School District The program consists of a joint -use library, play areas, 26 classrooms, administration area, multipurpose room, and food service kitchen. The design for the school leverages a rigorous program, tight urban site, bold sustainability agenda, and demonstrable environmental engagement to encourage and inspire, Adaptive Reuse and Library Upgrades Lyc6e International de Los Angeies BURBANK, CALIFORNIA COMPLETION DATE 2013 BUDGET $4.2M SIZE 38,000 SF CLIENT Lyc6e International de Los Angeles Following a study by NAC, LILA purchased a former 1950s General Motors Training Center to transform into a private campus for its high school, known for rigorous academic programs in language immersion. Upgrades include a renovated area for a new library and ADA upgrades to the entire campus. Renovation Miraloma Park & FamHy Resource Center ANAHEIM, CALIFORNIA COMPLETION DATEJ201 BUDGET $4.2M SIZE 4,468 SIF An existing building was renovated to become a new community center which accommodates classes, from cooking to Zurnba. A new entrance canopy reinvents the banal archi- tecture into an energetic place for community gathering. The community was invited to decorate metal stencils throughout, based on a community child's drawing done during visioning. 9 "In terms of engagement and listening, no firm has been more proactive in seeking stakeholder feedback or creatively engaging our faculty, staff and students. NAC's flexibility throughout the design phases saved our budget without sacrificing quality" RAY WHITE, VICE PRESIDENT OF ADMINISTRATION Bellevue College Satellite Library at Adams Square GlenMe Library GLENDALE, CALIFORNIA COMPLETION DATE 2008 BUDGET $435,000 SIZE 2,400 SF CLIENT City of Glendale The small, semi -circular space, formerly an open air market, is almost completely surrounded by windows. An innovative semi -transparent "storage and display system" is placed along the peripheral windows to display books, magazines, and materials to the interior and exterior. Translucent polycarbonate shelving permits abundant natural light. Modernization of La Padma Community Center LA PALMA, CALIFORNIA UDGET $3.4M IZE 14,679 SIF The modernization of existing spaces and adjacent site, plus the addition of new facilities, increased the Centers flexibility of use. Integral to the design approach was finding ways to strengthen the Center's connection to the City and community. Heightened parapets and light monitors above the entrances help the Center to announce itself as a lively, welcoming, vibrant site of public activity. Library Renovation for Hawaiian Gardens HAWAIIAN GARDENS, CALIFORNIA COMPLETION DATE 2008 BUDGET $2M SIZE 10,000 SIF The City of Hawaiian Gardens commissioned NAC to develop conceptual interior designs for the relocation of the Public Library. The City went with adaptive resue for the new location, in an existing building recently remodeled for family dentistry but originally built for a bank institution. A �,, 5 W�/en[0Ura��VODtOcontact the following _ _ references, who can each attest to the high {]Ualhn service, collaborative approach, and inclusive design �R]���S that we exhibit on @U of our D��e[tS. . . ' Los Angeles Unified School District Design Management 333South BeaudryAvenue, Los Angeles [A9OO17 213'241-7508 ]u|ia.hawkinson@|ausdoet Project Description: Playa Vista Elementary School kid's library renovation Lyc6eInternational deLos Angeles 11O5West Riverside Drive, Burbank, [Ag15OG 810-994-2961 ]ohn.Oeck@Naschooicom Project Description: Adaptive Reuse and Library Upgrades City ofAnaheim Community Services Department 2OOSouth Anaheim Boulevard, Anaheim, C49Z8O5 714-765-4483 pga|era@Anaheim.net Project Description: Mire|omaCommunity Center renovation Cindy Cleary // Library Director Glendale Public Library 1100 East Chevy Chase Drive, Glendale, [Aql205 818-548-2043 cc|eary@g|enda|ecaguv Project Description: Adaptive reuse for anew satellite library City of La Palma 7822Walker Street, LaPalma, [A90623 626'574-5401 d|azzaretto@darcadia.ca.us Project Description: Community center modernization 6 Project Team NAC Architecture's proposed team is highly regarded for the collaborative way we work, and in the quality of the results. NAC ARCHITECTURE ROLE EDUCATION RELEVANT EXPERIENCE LICENSES > Hawaiian Gardens Library Renovation City of Hawaiian Gardens Helena Jubany, FAIA, LEED AP; Lic. #C-22214 > Verdugo Career Center City of Glendale CASp Principal Master of Architecture > Brand Library Accessibility City of Glendale in Charge California State Poly > South EI Monte Community Center City of South EI Monte Lead Architect 29 years with NAC Bachelor of Architecure > John Glenn High School Library Modernization Norwalk -La Mirada USD University of Sao Paulo > Gratts Elementary School New Library Los Angeles USD > City of Glendale Library Connection @ Adams Square Glendale, California Lic. C-27097 > City of Glendale Central Library Vision Plan Glendale, California > City of La Palma Community Center La Palma, California Design Michael Pinto, AIA Master of Architecture SCI -Arc > Children's Libra at Playa Vista Elementary School Los Angeles USD Library y ry g Principal > Duarte High School Classroom and Library Modernization Duarte USD Bachelor of Architecture Penn State University > Baldwin Park High School (Robert Viramontes Library) Baldwin Park USD > La Canada High School New Library La Canada USD Lic. #C-34809 > Miraloma Park & Family Resource Center City of Anaheim Senior> Bachelor of Architecture City of La Palma Community Center La Palma, California Leticia Ochoa, AIA Project California Polytechnic > La Canada High School Modernization La Canada USD Manager State University -- > Duarte High School Classroom and Library Modernization Duarte USD Lic. #C-10341 > City of La Palma Community Center La Palma, California Project Bachelor of Architecture > LA Mission College Central Plant Design Build LA Community College District David Pape, RA; CASp Architect California Polytechnic > Emerson Middle School Gym and Field Modernization Las Angeles USD Y g State University > Jordan Middle School Modernization Burbank USD Lic. #C36189 Master of Science in > City of Glendale Central Library Vision Glendale, California Project Built Environment > City of Glendale Library Connection @ Adams Square Glendale, California Karla Grijalva, AIA; LEED BD+C Interior Arizone State University > Duarte High School Library Modernization Duarte Unified School District Designer Bachelor Degree > Baldwin Park High School Robert Viramontes Library Baldwin Park USD Instituto Tecnologico y > La Canada High School New Library La Canada USD de Estudios Superiores de Monterrey Lic. #C-21424 > City of Glendale Central Library Vision Glendale, California Project Master of Architecture > City of Glendale Library Connection @ Adams Square Glendale, California Tim Ballard, AIA, LEED AP Quality University of California, Berkley > Duarte High School Libra Modernization Duarte Unified School District g Library Control > Baldwin Park High School Robert Viramontes Library Baldwin Park USD Bachelor of Science Harvard University > La Canada High School New Library La Canada USD > 7 Helena Jubany, FAIA:, IEEID AP; CASA Principal in Charge Michael Pinto, AIA Design Principal Leticia Ochoa, AIA Sr, Project Manager David Pape, RA, CASA Architect Karla Grijalva, AIA, LEED BD- Interior Designer SbCOnsultants Tim Ballard, AIA, LEED AP Quality Control DISCIPLINE FIRM CONSULTANT RELEVANT EXPERIENCE Aldrin Orue > City of Anaheim Miraloma Park and Family Center Structural KPFF > LA City College Life Science/Chemistry Building Modernization Lic. 399 > Glendale USD Franklin Elementary School New Building Austin Allen > City of Anaheim Miraloma Park Lic. *M36447 > City of Santa Monica Seismic Evaluations > City of Pasadena Water and power On -Call Structural Engineering > City of Anaheim Miraloma Park `MEP Henderson Simon Ugh! > City of Santa Monica Seismic Evaluations Lic. #E1955 > City of Pasadena Water and power On -Call Structural Engineering > City of Anaheim Miraloma Park > City of Santa Monica Seismic Evaluations Jay Pan llinan > City of Pasadena Water and power On -Call Structural Engineering Sharad Ganju > East Anaheim Gymnasium Civil KPFF Lic. C512 > Baldwin Park USD Geddes Elementary School Redevelopment rY P > City of Los Angeles Central Library Video Wall Security Vantage Phil Crompton > City of Anaheim Miraloma Park and Family Center Technology Telecommunications > Riverside Community College Digitial Library Resource Center > Venice High School Modernization Allen Crompton > Los Angeles County 3965 S Vermont Ave Renovation Landscape SALT Lic. #LASS65 > Emerson Middle School New Gymnasium, Field & Modernization > Los Angeles County and USC Child Care Center > - - - - - - - - - - - - - - - - - - Contract Terminations ���Mffl•fll N I Il MEN I NOW I � I I !!III I �� M 001, AMM"n," r''01011110111 I " Legal Proceedings As part of our quality control program and emphasis on long term client relations, we strive to assure the client is never placed in the position of filing a claim against NAC. We are proud to say that NAC Los Angeles has no current, on-going, or pending legal proceedings filed in the past five years. RAO Section 8 Conflicts of interest NAC Architecture has no conflict of interest related to the City of Downey or the Library Modernization Project. 1. We are assuming that therewill �not be~ - work, ^ ` we have not included any civil or consultant. 2. Structural design includes the following components: A. New skylight openings onthe roof B. New HVAC units on the roof - (assume 6-8 units max - 2,000 lbs- each) C.Support and bracing Uftwo CDinterior garage doors D.Top ofwall bracing for (1)display wall near Staff Workroom _E.Top ofwall bracing for five (5)full height interior glass walls ETop ofwall bracing for full height exterior glass atEntrance g.Top ofwall bracing for sliding glass door atReading Room 3.The Mechanical systems for the space were upgraded and modernized in7n15 and this proposal assumes the base mechanical equipment will be existing to remain, and the distribution ductwork will be modified/designed in accordance with the final space programming. 4. This proposal assumes the base building electrical distribution for the tenant spaces will be adequate for the library and that the upgrade of the power distribution sytems will not be required. 5. This proposal assumes Fire Protection for the space is included as a performance specification, without head layout, and with fire alarm device layout. a.Design ofStructured Cabling `-System tosupport voice and data b. Specification of telephone and network switches, We assumes that there is a City Standard for these devices, and we will only specify quantities and locations for specific part numbers. c. Design of Wi-Fi. We assumes that there is a City Standard for these devices, and we will only specify quantities and locations for specific part numbers. d. We assumes that the City will provide Computers, Servers, Check out/inventory Control, and other Active systems. e.VVeassumes that any private WAN and/or Public Telecom utility extension to, and the building shall bebyOthers, a. Video surveillance to observe all entries. We assumes there isaCity system head end, which has the capacity to support additional cameras within the Library C. Public Safety Radio Distributed Antenna System a. Performance Specification Only a:Projector and local audio system in"The Reading Room" b.Flat Panel Display atMain Entrance cFlat panel display and local audio system |n"Media Room" d.Projector and local audio system in"Cormack Room" Is OF SERVICES Section 5 Project Plan 'w a Schedule 1 rie overall schedule es�,5550RTRT =yvmll tWirf of design work within 6 months and initiation of construction by April 20191 This allows adequate time tocomplete visioning and continue the stakeholder engagement process, prepare thorough documentation, secure agency approvals and properly execute the bidding and award process. Some key issues that the NAC team views asessential tothe success ofscheduling and executing the project include: ~~]know what is there: Thorough research and documentation ufexisting conditions. The original facility isnearly bOyears old; various building systems need tobeevaluated for replacement aspart ofthis project. Gathering detailed information asearly as possible inthe design process isthe most effective approach 0amitigating the uncertainty regarding the condition ofthese existing, aging systems. ~,~ know what you want: Continuation ofthe stakeholder engagement process. This isan important process for any public institution, especially as the initial vision is translated into detailed plans and specifications. Stakeholder awareness isneeded throughout tumonitor the decision-making process. ,,~know where you want to be: Main- tain the vision established ain'tainthevisionestab|isMed inthe initial meetings; The translation ufthis vision from the City ofDowney staff and community stakeholders tothe NAC Proj- ect Architectisacridca|partofthedesignprocess. _~keep your budget: Cost estimating pro- cess ateachpnojectmUestone.VYereoommenU the initial estimate beprepared based onconcept plans. Maintaining abudget uf$5million toren- ovate andupdateZ9'UU0SFuf|ibrarywi||require diligence throughout the design and documen- tation process. Cost estimate updates atDesign Development and Construction Document phases will beimportant tokeep the project onbudget. � The Plan Outline of the proposed work plan forNAC team: Review c a aic Design I month Starting with the schematic floor plan provided with the RFP, the NAC team will review the vision established during the initial work sessions with library staff. Based on this review, a more complete schematic package will be prepared, including a statement of design intent for all primary building systems. A primary goal of the development of the schematic package is to allow the preparation of an accurate schematic level cost estimate. In the design development phase the vision for the project will be developed and fully documented, including proposed selections of colors, materials and furnishings. The project cost estimate will be updated. At the conclusion of this phase, library staff and other city stakeholder groups will approve the full design package, prior to the initiation of the construction documents phase of work. Construction oc ens 3 months For a project that involves the renovation of a 60 year old building, thorough preparation and coordination of construction documents is important for successful execution during the construction phase. Adequate time should also be allocated for preparation and review of a 100% CD phase cost estimate. Any adjustments to scope needed to keep the project on budget should be made at this time, prior to securing agency approvals. Agency rovai5 2.5 months Review and approval by the City of Downey Building Department and other agencies having jurisdiction will be achieved during this phase. Bidding The NAC team will work closely with the City and their construction manager to establish and implement the preferred construction delivery system. In the current competitive environment, allowing adequate time to publicize and receive bids from multiple, qualified and/or sub -contractors is important to achieving the best value. The NAC team will also assist as needed in the contract award process to the City Council. Construction inisr tin April 2019 The durations proposed will allow for initiation of construction by April 2019 as requested in the RFP. We would anticipate a 10 to 12 month construction duration for a modernization project of this type. The NAC team will provide a full package of services for the duration of construction. 10 ExHiBiT "C" 2 Fees DISCIPLINE TOTAL ArchiteCWFe $448,500 $435,000 $15,000 $5,000 mm StructuraB 526,400 Mechanical Numbing I Electriud $66,715 Technology urifristrucl:ure Dos lign'82 ,500 , ------ TOTAL $569,115 Assumptions: 1. We are assurning shat chore WO no L be site work, t ere fore., we have not inched e.,d any civi I or iandscape consjtaru, 2. SmicluriB design rncludes the fc)ilowing components, 94 A,New '^~Skylight upen|on B,Supporl,and bracingoftwo CD{ncer|orgarage doors C.Top ofviaUbrac|ng for rive (5)full height interior g{asswalls , 0.Top ofwall bracingfor hJ|he|ghLexterior glass atEntrance 3. The Nlechanical sysirems, for the space were upgraded and modernized in 2015 and this proposal aSSUmes Lhe basemechanical equipmentWill beexisting Loremain, and the d|stribct|onductwork w|Ubemodified/designed |n accordanccwl�hthe0na|spaceprogramnn|ng, 4. This proposal jesmnes trip hase Mjilcl electrical distribuLion for Lhe i.enant spoces vvill bp adequate fm the library and friar dhC- Upgrade of the power distribudrsn systems vvill riot be reqmred, 5. I-hIs proposal assurmc, Fire Protef-tion for the ;pace is included as a pefformance specification, wiJ101A head layout, and w4Lhfire a|armdevice |aymuc m.De-,ignorStruCtuMdCabling SysrerTcosuppotvo|ceand data b, Specification o[Ueiephonmand netw/orkswiLches,Weassumesthat ffiere is a Cty Standardfor chese devices, and vve will only specif'/ qUantiLies and localJons for specific part numbers, c.Des�no[VV�FiVVeassumesthat chere |sa[|�for thdU esedev|cesan�ewiun� specify quandtiesand locations for spec |hcpart numbers, & We assumcs tr'at the Gry Will provide c.ompkiters, Servers, Check OLA/1 rive r,tory Control, and ocher Active sysip.Hls- e.VVeassumeythat any private WAN and/or Public Telecomut|ityextension to, and into, Ohe building -Shail be by Otherv, B� VideoSurve|Uance a.Video survei|lariceoobserve aUcntrrc��;, ve assurnes there isaCity systern nead and, wlh,ch has the caoauty to support additional carneris, within the Library C. &jdio J Visual a,Pr,)jecdorand local audio syst.omin"The Read|ngHoonf lb�Flat Panel Di -splay acMain En1ramce cFlat 0ane|disp|ayarid local audio sVsLern|n"Media Room" d.Pmjectorand local audiouys�em(n"Cormack Room" 7. Erivironmenta|Grachio X Fees include onvii onmef ital gra �) 11 Cs throughout ffie ityary (j,e, supei graphics and signape.) B. Furnilure - Fees include recommendation on furn"Wre �