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03.05 Front Counter Remodel and Old Towne East Parking Structure Plan Development � o ���,��RPoflRa�,� ��� �;s AGENDA ITEM �tic� ���GP�`�o� April 9, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROIVI: Christopher Cash, Public Works Directo�� Bill Crouch, Community Development Director REVIEW: City Mana r inance��� 1 . SUBJECT First Amendment to Consultant Services Agreement No. 6479 with Secoy Architect, Inc., for professional services for Public Works and Community Development Front Counter Remodel Project (SP-4097) and Grand Street Parking Structure Conceptual Plan development. 2. SUMMARY This contract authorizes Secoy Architect, Inc. (Secoy) to perform the professional services for preparing the bid document and construction support for Public Works and Community Development Front Counter Remodel Project, and for Secoy's assistance in reviewing and developing the Grand Street parking structure conceptual plan. 3. RECOMMENDED ACTION Approve the First Amendment to Consultant Services Agreement No. 6479 with Secoy Architect, Inc. in the amount of $50,150 and authorize the Mayor and the City Clerk to execute the agreement on behalf of the City. 4. FISCAL IMPACT The total expenditure for this agreement is $50,150 and will be funded through funds: General Fund (100) $40,150 � NW & SW Merged 2003 Tax Exempt Bonds (953) 10 000 Total: $50,150 5. STRATEGIC PLAN GOALS Goal 4: Provide outstanding public service b. Provide facilities and services to meet customer expectations. ITEM�5 � 04/09/2019 6. DISCUSSION AND BACKGROUND The Public Works and Community Development Building was built in 1962 along with the other two City Hall buildings and Council Chamber at the Orange Civic Center. Minimal improvements have been done to the Public Works and Community Development Front Counter since its construction. The front counter needs to be remodeled to provide better customer senrice and a more welcoming and attractive environment for the public. On October 5, 2017, the City of Orange entered into a consultant services contract with Secoy Architect, Inc. (Secoy), in the amount of$16,000 for the preparation of conceptual plans for Public Works and Community Development Front Counter Remodel. The work included reviewing of existing physical and functional characteristics of the counter and workstations behind the counter and recommending alternatives in which better use could be made of the space. The remodeled counter area will gain additional space to function as an inviting "one stop shop", and the space for planning and design work will be the inter-related operations of the Community Development and Public Works Departments associated with the development review process. The schematic design has been completed and staff is recommending that the City Council approve Amendment No. 1 to Secoy Architect, Inc. for the preparation of final plans in the amount of$40,150. As the City is preparing to develop a conceptual plan for a second parking structure to be located on the 100 block of South Grand Street, staff is also seeking Secoy's assistance in reviewing the conceptual plan development in relation to the historical design elements and context of the surrounding area. $10,000 is also included in this contract for this consulting service. The additional professional services include: Front Counter 1. Review and confirmation of the 2018 schematic designs including revisions to existing entry door configurations. 2. Prepare construction documents consisting of drawings and specifications setting forth in detail the requirements for bidding the construction of the project. a. Floor plans, elevations and details for front counter and affected areas. b. Electrical requirements and conduit placement. c. Floor cuts and detail with specification the location of floor boxes, and penetrations. d. ADA requirements. 3. Construction support includes bidding and construction administration. Parking Structure Conceptual Plan • Consulting services for reviewing and advising on the Historic Preservation Design Standards for Old Towne Orange on the Conceptual Design of Old Towne East Parking Structure Project. The Front Counter Remodel project is included in the Fiscal Year 2020 CIP budget. However, in order to avoid any major disruption in servicing the public at the Public Works and Community Development front counter, staff is planning to start the actual construction work during the 2019 holiday closure. By awarding this consultant service contract now, Secoy has adequate time to complete all the design and construction documents to meet the planned construction schedule during 2019 holiday closure time. 7. ATTACHMENT • First Amendment ITEM 2 04/09/2019 AGR-6479.1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (the "First Amendment") is made and entered into as of , 2019, by and lietween the CITY OF.ORANGE, a municipal corporation ("City"), and SECOY ARCHITECTS, INC., a California corporation (herein referred to as the "Consultant"), with its principal office for purposes of this First Amendment at 160 S. Cypress Street, Orange, California 92866 and with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement (Agreement No. AGR-6479) dated as of October 5, 2017, which is incorporated herein by this reference(the"Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: Section 1. Defined Terms. Except as otherwise defined herein; all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Revised Scope of Services. The Scope of Services,Exhibit A to the Original Agreement, is hereby amended, modified and supplemented to include the services described on E�ibit A attached hereto and incorporated herein by this reference. Section 3. Compensation. The total not-to-exceed compensation (exclusive of reimbursables) set forth in Section 2 of the Original Agreement for the services to be rendered thereunder was the sum of SIXTEEN THOUSAND DOLLARS and 00/100($16,000.00). Section 2 of the Original Agreement is hereby amended to provide for an increase of FIFTY THOUSAND ONE HUNDRED FIFTY DOLLARS and 00/100 ($50,150.00) in the total not-to-exceed compensation such that the Consultant's total compensation under the Original Agreement, as amended by this_First Amendment shall not exceed SIXTY SIX THOUSAND ONE HUNDRED FIFTY DOLLARS and 00/100 ($66,150.00)without the prior authorization of the City. Section 4. Integration. This First Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein or incidental hereto, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Consultant Services Agreement to be executed on the date above. "CONSULTANT" "CITY" SECOY ARCHITECTS, INC., CITY OF ORANGE, a municipal corporation a California corporation *By: By: Printed Name: Mark A. Murphy,Mayor Title: *By: ATTEST: Printed Name: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Gary A. Sheatz, City Attorney *NOTE: If CONSULTANT is a corporation,the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice President,AND(2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate offcce,please so indicate. OR — The corporate officer named in a corporate resolution as authorized to enter into this Agreemen� A copy of the corporate resolution, certifeed by the Secretary close in time to the execution of the Agreement,must be provided to the City. 2 _ .. . _ . _ . . .. . I secoy architects, inc : Februa:ry 26,;2019 . M�: Randy Nguyen . .. City of Orange. 300 East Chapman Avenue Orange, CA 92866 . Telephone: 714 744 553.1 Email: mguyen@cityoforange.org Dear.Randy: We are pleased to submit this proposal to provide professional services for the Remodel of Planning, Building, and Public Works:front counter and workspaces, located at 300 East Chapman Avenue, in the city of Orange, Califor.nia.. For the purpose of this proposal,the projec#shall be referred,to as Orange Civic Center_L.obby::_:This proposal also:includes professional,:services as City of Orange Consulti.ng Architect for the Grand Sfreet Parking Structure. SCOPE OF PROJECT _ . _ We understand that the scope of,Secoy Architects; Inc, responsibilities for the project shall include; : . . Design DevelopJment � • . Construetion Documents . : • Bid Phase � .. Construction Aciministration Phase •: City of Orange Consulting Architect for the Grand Street Parking Structure ' PHASE III-Design Development : Review and confirmatiorn:of the 2018 schematic.designs,with a maximum of finro rounds of refinement of : . the schematic design, including.reyisions to existing.ent.ry door confgurations. . ... PHASE IV-Construction.Documents., ,. . .. Based u on the a roved desi n develo men p pp g p t d�awings and anyfucther adjustments in the scope or quality.. :: : : of the project,:Secoy Architects, Inc: shall prepare consfruction documents eonsisting of drawings. and specifications setting forth in detail:the requirements for bidding the construction of the project.:: These documents will consist_of the following sheets and appropriate'information: A. Cover.Sheet. B. Floor Plans. C Electrical requirements and conduit placemenfito be specified_with coordination and. review of : staff requirements.. p Elevations and Details for.front counter and.affected areas. E. Finish:schedules and speoifioations. F. Specify conduit floor cuts and detail� with specifcation the location. of floor boxes; and penetrations. G. ADA requirements. . 160 south cypress street orange california 92866 tel 714.639.43fi7 susan@secoyarchitects.com www:secoyarchitects.com OCCL February 26, 2019 Page 2 H. Coordination with City's construction representative to determine demolition detail and instructions for existing counter and other structures being removed. I. Coordination of signage and graphics. Secoy Architects, Inc.shall: A. Provide one set of reproducible drawings and appropriate number of wet signed sets of documents as required for permitting. B. Maintain contact with the Project Manager, or City Representative. C. Coordinate with the selected design-build mechanical, plumbing, and fire protection/life safety contractors, if required. D. Perform final code review with City officials and submit documents for building plan and review. FEE AND METHOD OF PAYMENT: 1. Client shall compensate Architect for the basic services set forth in this document. If the scope of the project changes or if additional services are requested by the Client then these services will be performed at Standard Hourly Rates. 2. Architect shall provide Client with monthly invoices for services rendered and costs advanced. Flat fees will be billed on a percentage of work completed basis for each basic service during the month. Basic service phases: Phase III- Design Development: (14)hours at$225, (6) hours at$95 Estimated fees not to exceed: $3,150.00 Phase IV- Construction Documents: Architectural: $18,000.00 Electrical Engineering: $ 2,500.00 Phase V- Bidding: $ 1,500.00 Phase VI- Construction Administration: Architectural: $13,500.00 Electrical: $ 1,500.00 Phase VII- Consulting Architect: $10,000.00 3. Secoy Architects, Inc. shall perform all such work described above in Phase III, Phase IV, Phase V, Phase VI, and Phase VII for the total amount of$50,150.00 4. Each invoice shall be due and payable upon receipt, and delinquent 30 days after its date. In the event of delinquency, interest shall accrue from the invoice date at the rate of%10 annum. Secoy Architects, Inc. has the right to stop work after 60 days of non payment of the invoice. 5. No deductions shall be made from ArchitecYs compensation nor shall Client delay payment on account of claims or losses for which an appropriate court or arbitrator has not held Architect legally liable. 6. Either party may terminate this agreement at any time upon 5 days written notice. In the event of termination prior to the completion of the project, for any reason, Client will compensate Secoy Architects, Inc.for the time spent by our staff prior to receipt of written notice of termination. OCCL February 26, 2019 Page 3 7. In light of the obvious advantage of resolving questions and disputes regarding ArchitecYs billing quickly and while recollections are fresh, Client will notify Architect of any questions or dissatisfaction which it may have regarding any particular invoice within 30 days of the invoice date, and if Client fails to give Architect such notice, then Client will have waived its right to dispute the accuracy and appropriateness of the invoice and the invoice will be binding upon Client. 8. A retainer of $2,500 will be paid upon the execution of this Agreement and applied to ArchitecYs final invoice. 9. Reimbursable expenses include expenses incurred by the Architect in the interest of the Project for: 1. Expense of transportation and mileage reimbursement at$ .54 per mile and parking fees. 2. Fees paid for securing approval of authorities having jurisdiction over the project. 3. Reproductions&photographic documentation. 4. Postage and handling of drawings and specifications. 5. Renderings, models, and photography requested by the Owner. 6. Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 7. All re-imbursable expenses will be charged on a cost plus 15% basis. GENERAL PROVISIONS 1. Architect warrants that all of the services provided by or on its behalf pursuant to this Agreement will be performed with reasonable care, skill and diligence in accordance with generally and currently accepted design professional principles and practices. This warranty is in lieu of all other warranties,either express or implied.In particular,and without limitation,Architect will use its best professional judgment in interpreting and applying the requirements of all laws applicable to the Project such as the Americans with Disabilities Act,but compliance with these laws as they may be eventually interpreted by others cannot be guaranteed. Further, it is understood that when used in conjunction with the providing of services pursuant to this Agreement, such terms as "certify," warrant," "confirm," , "assure," or the like do not constitute a guarantee, but rather a representation based on ArchitecYs professional opinion or judgment. 2. Architect will coordinate the professional engineering services called for by this Agreement, but Client acknowledges that Architect lack the training and experience necessary to perform or critique said services and that these services will necessarily be provided on an independent contractor basis by duly licensed professional engineering subconsultants. In no event, will Architect have any legal liability for any professional errors or omissions committed by these subconsultants. 3. If Client retains or allows the retention on any design/build contractors then such contractor shall be responsible for (1) preparing all the engineering and other drawings and specifications for the components of its design/build contract, (2) _. .. _ _. OCCL . .. . : February:26;2019 Page 4: : _ complying with :the Project requirements and space limitations; (3) coordinating and inte.rfacing with other tcades and consultants,and (4)obtaining.any:required or appropriate approvals from authorities having jurisdiction over the Projeet. Each design/build .contractor shall. b.e: the Professional. of: Record for its portion of work, responsible directly to the Client. Design[build system designs s.hall be reviewed by, Architect only _fo.r.,conformance w.ith : the aesthetic aspects ,and major. space . limitations of the Project; and Architect will not assume responsibility for tfie design, installation oc performance of the system. 4. Arehitect shall not be responsible for delays beyond its reasonable control, for inaccurate or incomplete information provided.to it by Client or otherreasonably reliable.sources, _ for sife conditions of which it was not actually informed, for hazardous materials or toxic substances at the Project site, for tfie 5pecifcation of products or eq.u.ipment�for purposes,. consistent with the ,manufactures published:literature, for ClienYs finish materials_;and e ui ment decisions, for im lementin Client's unlawful desi n decisions forthe actions . . q P.. P 9 .. 9 , : or inaction of:governmental agencies, or for any failures:of the Project's confractors and material suppliers. _ 5. The plans covered by fhis contract are understood to.be those required by the various governing bodies for this type of work as of the date of tliis agreement.:-In the event of a material change.of.policy of these organizations whicfi requires material acJditional office. or field work,the payment for the extra:work:sball be the su6ject of an extra charge. 6. Ownership : of any drawings as. instruments of service remains that of Secoy Architects; Inc: 7, All written and promotional materials.showing or describing the design by,Secoy Architects, Inc. shall contain reference to.tHe design services.performed by Secoy.Architects, Inc. Secoy Architects, Inc. reserves the right to make reference to their participation in he project in subsequent acivertising material with prior client approval.:Secoy Architects, Inc:: reserves the right to photograph and publieize:the design project with prior approval frorn: . the Client. If the foregoing is acceptable, your signature on. this proposal to Secoy:Architects, Inc. wilf. constitute acceptance of its terms and Secoy Architects, Inc: authority to proceed: It is:understood that no changes shall be made except in writing. I trust tha4=.the above services are consistent with your requirements a.nd we look forward to a mutually successful_Project. Sincerely, : Accepted: SECOY ARCH17'ECTS;INC. GLIENT. c�GLdC�{1i ��C'�I � Susan Secoy Jensen, . IA By Principal : _ Date: OCCL February 26, 2019 Page 5 � HOURLY BILLING RATES FOR PROFESSIONAL SERVICES: Principal/Project Designer $225.00 per hour Project Manager $150.00 per hour Draftsperson/Cad Operator $95.00 per hour Assistant Designer $ 60.00 per hour CITY COUNCIL MINUTES APRIL 9, 2019 3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar. 3.1 Confirmation of warrant registers dated March 7, 15,21,and 29,2019. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes,Regular Meeting of March 12,2019. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Agreement with Watry Design, Inc. for architectural and engineering conceptual design services for the Old Towne East Parking Structure Project. (A2100.0; AGR-6753) ACTION: 1) Authorized the transfer of$70,000 from 953.9810.56020.20247,NW& SW Merged 2003 Tax Exempt -Bonds — Economic Development Capital Projects to 953.5011.56020.20403, NW & SW Merged 2003 Tax Exempt Bonds — Old Towne East Parking Structure; and 2) Approved the Agreement with Watry Design, Inc. in the amount of$56,000 for architectural and engineering design services and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 First Amendment to Consultant Services Agreement No. 6479 with Secoy Architect, Inc., for professional services for Public Works and Community Development Front Counter Remodel Project and the Old Towne East Parking Structure Project conceptual plan development. (A2100.0; AGR-6479.1) ACTION: Approved the First Amendment to Consultant Services Agreement No. 6479 with Secoy Architect, Inc. in the amount of$50,150 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 First Amendment to Intergovernmental Agreement Regarding Transfer of Public Funds (Contract #16-93672) and Intergovernmental Assessment Fee (Contract #16- 93703) with the California Department of Health Care Services. (A2100.0; AGR- 6469.1) ACTION: Approved First Amendment with the California Department of Health Care Services and authorized the Mayor and City Clerk to execute the amendment on behalf of the City. PAGE 4