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HomeMy WebLinkAbout09 - Oasis Redevelopment Conceptual PlanCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 March 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE (949) 644 -3328 or Idalton @city.newport- beach.ca.us SUBJECT: OASIS REDEVELOPMENT CONCEPTUAL PLAN — APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE ARCHITECT + ASSOCIATES RECOMMENDATION: Approve a Professional Services Agreement with Robert R. Coffee Architects + Associates for architectural services at a not -to- exceed price of $98,840, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City Council has committed $80,000 in the FY 2006 -07 budget for preparing a conceptual plan to remodel or redevelop facilities at OASIS Senior Center. Staff desires to retain consultant services to prepare the plan needed for the project. Consultant Selection: Staff solicited professional qualifications in an advertisement that was placed in the Daily Pilot and from ten architectural firms known to have expertise in recreation facility planning and design. Three firms responded by submitting their qualifications. Staff from Recreation Department, OASIS and Public Works Department then reviewed the firms' qualifications, past experience on similar projects, availability, and references. After interviews with representatives from the firms, staff then rated Robert R. Coffee Architects + Associates as the most qualified firm to do the work. Scope of Services: Coffee has proposed to provide a program needs assessment, concept plans and preliminary cost estimates for the project as specified in Scope of Services, Exhibit A to the Professional Services Agreement (PSA) attached hereto. The planning will include meetings with City staff, tours to neighboring senior facilities, etc., as needed to establish the needs and goals for the project. Alternative site development schemes OASIS Redevelopment Conceptual Plan — Approval of a Professional Services Agreement with Robert R. Coffee Architect + Associates March 13, 2007 Page 2 will be explored in order to determine the most desirable site layout and to develop consensus among the interested parties as to ease of access and egress, building and parking locations, onsite circulation, aesthetics, landscaping, lighting, etc. Fees: Upon negotiation of services and fees, Coffee has agreed to provide a complete scope of predesign, master planning and conceptual design services for the project as specified in Professional Services Fee, Exhibit B to the PSA attached hereto. The not - to- exceed $98,840 fee includes Coffee's architectural services, subconsultant services, and reimbursable expenses such as printing, copying, three renderings, etc. Coffee's hourly rates are also included in Exhibit B to the agreement. Environmental Review: Not Applicable at this time. Public Notice: Not Applicable at this time. Funding Availability: Sufficient funds are available to pay for Coffee's services in the following accounts: Account Description Services — Prof & Tech Special Department Expense OASIS Senior Center Retrofit Prepared by: � Lloy ,prDalton, PE' DeNgn Engineer Attachment: Professional Services Agreement Exhibit A Exhibit B Account Number Amount 4410-8080 $80,000 4410-8250 7,000 7011- C4410761 11,840 Total: $98,840 Submitted by: Director PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE ARCHITECT + ASSOCIATES FOR OASIS REDEVELOPMENT CONCEPT PLAN THIS AGREEMENT is made and entered into as of this day of March, 2007, by and between the City of Newport Beach, a Municipal Corporation ( "City "), and Robert R. Coffee Architects + Associates, sole proprietor, whose address is 1470 Jamboree Road, Suite 200, Newport Beach, California, 92660 ( "Consultant'), and is made with reference.to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to redevelop OASIS Senior Center. C. City desires to engage Consultant to provide Concept Plan services for the redevelopment of OASIS Senior Center ('Project'). D: Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E: The principal member of Consultant for purposes of Project shall be Robert R. Coffee, Architect. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of December, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control; however, in the-case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 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 Ninety Eight Thousand Eight Hundred Forty and no /100 dollars ($98,840) 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. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more. than the following costs incurred by Consultant:. 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jean Stolzman to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: i1 A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and S expenses (including, without limitation, attorney's fees; disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure Project proceeds in a manner consistent with City goals and policies. 5 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his duly authorized designee informed on a regular basis regarding the status and progress of Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employers Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 9 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to ail claims, losses, or liability, arising directly or indirectly from Consultants operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 7 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. Subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other, than as otherwise required by law. City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. E 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 9 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. 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 to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at,the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or 10 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with Project. 26. CONFLICTS OF INTEREST Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Lloyd Dalton Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3328 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Robert R. Coffee Robert R. Coffee Architects + Associates 1470 Jamboree Road, Suite 200 Newport Beach, CA Phone: 949 - 760 -8668 Fax: 949 - 759 -9381 11 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 12 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms - of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL 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. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: B►r ity Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: By: LaVonne Harkless, (Corporate Officer) City Clerk Print N By: (Financial Officer) Title: Print Name Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 OASIS SENIOR CENTER EXHIBIT A SCOPE OF SERVICES for PROGRAMMING, MASTER PLANNING AND CONCEPTUAL DESIGN ARCHITECTUREIENGINEERING AND COST ESTIMATING SERVICES PROJECT DESCRIPTION The project can be generally described as preparing a space program needs assessment, concept plans and preliminary cost estimate for the Oasis Senior Center located at the corner of Marguerite Avenue and Fifth Avenue in Corona Del Mar, California. Though it will have to be substantiated by the space program, this scope of work and fee proposal assumes a new building would be between 20,000 SF- 30,000 SF and will occupy the existing 5.0 acre site. PROJECT SCHEDULE The Scope of Work outlined below is scheduled to be accomplished in a six month timeframe. KEYPERSONNEL Robert Coffee Principal Jean Stolzman Project Design /Management Reggie Wilson Project Architect The Scope of Work will be accomplished in three phases as outlined below. PHASE t: (Duration: t month) PREDESIGN SERVICESIBUILDING TOURSIGOAL SETTING INTERVIEWS The Architect shall provide those preliminary design services necessary to assist the City of Newport Beach in organizing the project schedule, scheduling the building tours and meeting with the various user groups to set the goals, identify the needs and establish the objectives for the Oasis Senior Center Project. The following descriptions shall apply to those services. 1.01 Project Administration services including: A, Initial consultation to define the scope of the work of the project. B, Preparation of compensation estimates and professional services agreements. C. Establish project schedule. D. Project related research. F. Meetings 1.02 Research /Due Diligence services including: A. Research of critical applicable city codes and ordinances. 1.03 Site Research services required to establish and confine the following detailed requirements for the project. A. Prepare site topographic map, including utilities and easements. B. Identify site constraints and opportunities. 1.04 Existing Building Survey to evaluate the existing building and building systems to provide comments on the condition and useful life of the facility. A. Prepare "white paper analysis" of the existing building including the following: 1. Architectural Space /Use /Functional analysis of existing building. 2. Structural Engineer's analysis of the existing building structure. 3. Mechanical /Plumbing Engineer's analysis of the existing building systems. 4. Electrical Engineer's analysis of the existing building systems. 5. Site/landscape evaluation. 1.05 Conduct Building Tours with a designated group of City Staff and user group representatives. Assist City Staff in deciding what projects the tour will visit. Assume the tours will require two days and visit four to six Senior Centers. A. Prepare hand -outs to assist participants in recording their observations. B. Compile the hand -outs and recorded observations into a Summary Booklet to be shared with the staff and other users. 1.06 Conduct User Group Interviews to set goals, identify needs and establish objectives with the following groups. Compile a Summary Booklet of the Goals, Needs and Objectives. A. Friends of Oasis Board of Directors B. Capital Campaign Fund Raising Group C. Special Events Staff D. Instructors /Users for Art Classes, Health and Wellness Programs and Educational Classes. 1.04 One meeting. 1.05 Two tours. 1.06 Four meetings. PHASE ONE SUMMARY OF MEETINGS PHASE ONE SUMMARY OF DELIVERABLES 1.03 Site topographic map including utilities and easements. 1.04 White Paper Analysis of existing Oasis Senior Center. 1.05 Hand -outs for Facility Tours. Summary Booklet of Facility Tour Handouts. 1.06 Summary Booklet of Goals, Needs and Objectives from User Group Meetings. PHASE 2. (Duration: 3 months) PROGRAMMING AND MASTER PLANNING The Architect shall provide the following services necessary to prepare a Space Needs Analysis Building Program, Master Site and Building Land Use Plans. The information collected in the previous phase will be used to guide the programming and master planning work effort. The following descriptions shall apply to those services: 2.01 Project Administration services including: A. Consultation. B. Research. C. Conferences and meetings. 2.02 Discipline and Document Coordination services including: A. Coordination between the architectural work and the work of other involved disciplines for the project. B, Coordination of the work between City Staff and Project Design Team 2.03 Programming and Space Planning services to be coordinated with the City Staff and appropriate user groups to develop a Building Program Manual including the following: (Assume three meetings with staff). A. Area Needs Analysis B. Time/Activity Use Analysis C. Occupancy /Room Use Studies D. Building Furnishing Studies E. Documentation of Fund Raising Alternatives F. Documentation of Sustainable Design Goals and Strategies G. Identification of Building Materials and Systems 2.04 Master Planning services to be coordinated with the City Staff and appropriate user groups including the development of the following: (Assume two meetings with Staff). A. Preparation of Alterative Site Land Use Studies B. Preparation of Alternative Building Floor Plan Studies C. Preparation of Building Design and Building Image Board 2.05 Conduct Concept Design Workshop to present the work accomplished in this phase to the user groups and to build consensus for the most appropriate solution A. Review Building Program Manual B. Review Alternative Site and Building Plan Studies C. Identify the most appropriate solution. PHASE TWO SUMMARY OF MEETINGS 2.03 Three meetings. 2.04 Two meetings. 2.05 One Workshop Presentation PHASE TWO SUMMARY OF DELIVERABLES 2.03 Building Program Manual 2.04 Two Alternative Site and Building Land Use Studies and Image Boards PHASE 3: (Duration: 2 months) PREPARATION OF CONCEPTUAL DESIGN PACKAGE The Architect will refine the Programming and Master Planning documentation and prepare Conceptual Design Documentation and a Statement of Probable Construction Costs based on the requirements and criteria established by the work approved in the previous two phases. 3.01 Project Administration services including; A. Consultation. B. Research. C. Conferences and meetings. D. Meeting minutes. E. Direction of the work of in -house architectural team. 3.02 Discipline CoordinationlDocument Checking: A. Coordination between the architectural and landscape design work and the work of engineering and other involved disciplines for the project. B. Review and checking of documents prepared for the project by all disciplines. 3.03 Presentations for Review and Approval A. Presentation to Staff B. Presentation to City Council. C. Presentation to Friends of Oasis and Seniors. D. Presentation to Prospective Donors. 3.04 Architectural Design /Documentation services during the Conceptual Design Phase responding to program, planning and preliminary concept design requirements will consist of the preparation of the following: A. Site Plan B. Building Floor Plan C. Building Elevations and Sections D. Exterior Renderings (2) E. Interior Rendering (1) F. Outline Specifications 3.05 Structural Engineering Design services consisting of the preparation of a conceptual structural system design and outline specifications for cost estimating purposes. 3.06 Mechanical /Plumbing Engineering Design services consisting of the preparation of a conceptual mechanicallplumbing system design and outline specifications for cost estimating purposes. 3.07 Electrical Engineering Design services consisting of the preparation of a conceptual electrical power /lighting system design and outline specifications for cost estimating purposes. 3.08 Civil Engineering Design/Documentation services consisting of the preparation of a preliminary grading analysis and earthwork calculations for cost estimating purposes. 3.09 Landscape Design/Documentation services consisting of the preparation of a conceptual landscape plan and specifications for cost estimating purposes. 3.10 Statement of Probable Construction Cost provided in CSI format. PHASE THREE SUMMARY OF MEETINGS 3.03 Four meetings /presentations. PHASE TWO SUMMARY OF DELIVERABLES 3.04 Conceptual Landscape /Site Plan Building Floor Plan Building Elevations and Sections Exterior Renderings (2) Interior Rendering (1) Outline Specifications (will include narrative from engineers as outlined in 3.05 -3.07) 3.10 Statement of Probable Construction Costs (will include cost for information from 3.08 and 3.09). OASIS SENIOR CENTER EXHIBIT B PROFESSIONAL SERVICES FEE for PROGRAMMING, MASTER PLANNING AND CONCEPTUAL DESIGN ARCHITECTUREIENGINEERING AND COST ESTIMATING SERVICES FEE PROPOSAL The total scope of work outlined in the Scope of Work, EXHIBIT A, shall be provided on a time and materials basis not to exceed $98,840.00. BREAKDOWN OF FEE PROPOSAL: SUMMARY: ARCHITECTURAL SERVICES: $62,140.00 CONSULTANT SERVICES: $25,700.00 REIMBURSABLE EXPENSES: $11.000.00 Mechanical /Plumbing Engineer TOTAL: $98,840.00 ARCHITECTURAL SERVICES: Please reference the attached Fee Proposal Task Sheet for detail costs for each phase. Phase One: Building Tours and Interviews $15,540.00 Phase Two: Programming and Master Planning $22,600.00 Phase Three: Conoentual Design $24000.00 Certified Construction Management, Inc. Total: $62,140.00 CONSULTANT SERVICES Consultant services included in this fee proposal are Structural Engineer Nelson Consulting Engineers $4,800.00 Electrical Engineer FBA Engineers $2,500.00 Mechanical /Plumbing Engineer TKSC Engineers $3,500.00 Civil Engineer MCE Consultants $2,000.00 Landscape Architect RJM Design Group, Inc. $5,400.00 Construction Cost Estimator Certified Construction Management, Inc. $7.500.00 Total: $25,700.00 REIMBURSABLE EXPENSES Reimbursable expenses are included in the not to exceed amount listed above and will not exceed $11,000.00. Reimbursable Expenses Include the following: 1. Three Renderings ($7,500.00) 2. Plotting and Document Reproduction 3. Postage and Overnight Mail 4. Deliveries 5. Photography and film development Billings shall be submitted at the first of each month for work completed. Payment of services to be in accordance with Section 4.1 of the Professional Services Agreement. ADDITIONAL SERVICES In accordance with Section 4.3 of the Professional Services Agreement, additional services will be billed in accordance with the following Schedule of Billing Rates. Principal: $160.00ihour Project Architect: $120.001hour Project DesignsifManager: $100.00fhour Job Captain: $65.001hour Drafting: $50.001hour Clerical: $30.00 1hour SERVICES NOT INCLUDED 1. Soils or geology determinations and soils investigations. 2. Audio Visual Systems Designer 3. Food Service Equipment Designer 4. 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