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c�<,FORN'P City Council Staff Report
January 22, 2019
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kathryne Cho, Civil Engineer, kcho@newportbeachca.gov
PHONE: 949-644-3014
TITLE: Architecture Services — Amendment No. 1 to On-call Professional
Services Agreement with WLC Architects, Inc.
ABSTRACT:
Staff requests City Council approval to amend WLC Architect, Inc.'s (WLC) On-call
Professional Services Agreement (PSA) for architecture design services by extending the
term to expire on May 30, 2021 and increase the not -to -exceed amount to $220,000.00.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. 1 to WLC's PSA, to extend the contract term to May 30,
2021, and add $100,000.00 to the current contract for a total not -to -exceed amount of
$220,000.00; and
c) Authorize the Mayor and City Clerk to execute the amendment.
FUNDING REQUIREMENTS:
Funding for on-call design services are budgeted in the annual Capital Improvement
Program budget including the Police Facility Remodel.
DISCUSSION:
In June 2014 staff invited ten (10) architectural design firms to submit Statements of
Qualifications (SOQ) detailing their design experiences and expertise on facilities
projects. Using the Quality Based Selection (QBS) processes, the city review panel,
consisting of staff from three different departments, discussed and ranked the nine (9)
SOQs received. Staff thereafter entered into on-call PSAs with the top-ranked firms (WLC
being one of them) with the stipulation that the PSAs will be funded when services are
needed.
6-1
Architecture Services — Amendment No. 1 to On-call Professional Services Agreement
with WLC Architects, Inc.
On-call
Page 2
When the City needed architectural services in 2016 for the Police Facility Renovation
Project to remodel the Detective Division and a number of other offices, staff invited WLC
Architects (WLC) to propose for said design work. Upon successful negotiations, WLC
and staff entered into a $120,000 on-call PSA for the design and delivery of the required
contract documents for that Project. The partnership between WLC and Police and Public
Works staff from concepts to construction completion on that project was exemplary.
WLC performed well and has gained valuable knowledge and insights into the Police
Department's operational needs.
The next phase in upgrading the Police facility is underway. A project scope meeting was
held in September 2018 to discuss the Police Department's facility remodel priority needs,
which include renovating the men's shower/restroom/locker room, women's
shower/restroom/locker room/mother's room, armory, and the shooting range. Given
WLC's record, WLC was invited and responded with a proposal to design and provide the
required contract documents for a $99,000.00 fee.
Given the scope of specialty design work, staff feels that WLC's $99,000.00 fee is
reasonable and acceptable. With the majority of the original $120,000 on-call PSA
expended, said PSA needs to be amended by $100,000 for a not -to -exceed amount of
$220,000 in order to fund the new design work. The on-call PSA's original May 30, 2019
expiration date should also be extended by two years to May 30, 2021 to reflect the new
work.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. 1 to WLC Architect, Inc.'s On-call PSA
6-2
ATTACHMENT A
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH WLC ARCHITECTS, INC. FOR
ARCHITECTURE SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 22nd day of
January, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and
WOLFFILANGICHRISTOPHER ARCHITECTS, INCORPORATED, a California
corporation DOING BUSINESS AS ("DBA") WLC ARCHITECTS, INC. ("Consultant"),
whose address is 8163 Rochester Avenue, Suite 100, Rancho Cucamonga, CA 91730,
and is made with reference to the following:
RECITALS
A. On June 1, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide on-call professional
architectural and engineering services ("Project").
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of "Work" or "Services", as defined in the Agreement, than was originally
anticipated.
C. The parties desire to enter into this Amendment No. One to reflect these additional
Services or Work not anticipated in the Agreement, to extend the term of the
Agreement to May 30, 2021 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 30, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Two Hundred Twenty Thousand Dollars and 001100 ($220,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
WLC Architects, Inc. Page 1 6-3
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Thousand Dollars and 00/100 ($100,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
WLC Architects, Inc. Page 2 6.4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: j2_/jt/;?0j?)
By: `
fig; Aaron C. Harp ►a 131$
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: Wolff/Lang/Christopher
Architects, Incorporated, a California
corporation doing business as ("DBA")
WLC Architects, Inc.
Date:
Bv:
Kelley S. Needham
Vice President
Date:
By:
Robert J. Hensley
Chief Financial Officer
[END OF SIGNATURES]
WLC Architects, Inc. Page 3 6-5