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HomeMy WebLinkAboutC-8122-2 - On-Call PSA for Professional Architecture ServicesCJ AMENDMENT NO. ONE TO N ON -CALL PROFESSIONAL SERVICES AGREEMENT AD WITH PBK ARCHITECTS, INC. FOR ' PROFESSIONAL ARCHITECTURE SERVICES V THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 20th day of June, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PBK ARCHITECTS, INC., a California corporation ("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 8, 2021, City and Wolff/Lang/Christopher Architects ("WLC Architects") entered into a Professional Services Agreement ("Agreement") for On -Call Professional Architecture Services ("Project"). B. On January 17, 2024, City and Consultant entered into an Assignment Agreement ("Assignment") assigning the rights under the Agreement from WLC Architects to Consultant. C. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to June 7, 2026 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 June 7, 2026, 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 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 Three Hundred Seventy Five Thousand Dollars and 00/100 ($375,000.00), 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." 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 Seventy Five Thousand Dollars and 00/100 ($75,000.00). PBK Architects, Inc. Page 1 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: 4' Aaron C. Harp �'ns City Attorney Y ATTEST: Date: LA--i )'L24 By: Leilani I. Brown City Clerk rc CITY OF NEWPORT BEACH, a California municipal corporation Date: 202 By: -4— Gre . Leung Ci(y4anager CONSULTANT: PBK ARCHITECTS, INC., a California corporation Date: Signed in Counterpart Bv: Eric Dinges Chief Executive Officer Date: By:_ Signed in Counterpart Jason Sette Chief Financial Officer [END OF SIGNATURES] PBK Architects, Inc. Page 3 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: 6 /�l/Z,� 2y t Aaron C. Harp City Attorney iy�z y ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULT .-^.NT- PBI~ARCHITECTS, INC., a C lif nia co oration Date: By: EcDigs ief 4 cutive Officer Date: &IIZ.I-L0z � By: Jason Sette Chief Financial Officer [END OF SIGNATURES] PBK Architects, Inc. Page 3 N N N ON-CALL PROFESSIONAL SERVICES AGREEMENT � WITH WOLFF/LANG/CHRISTOPHER ARCHITECTS, INCORPORATED FOR PROFESSIONAL ARCHITECTURE SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 8th day of June, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WOLFF/LANG/CHRISTOP HER ARCHITECTS, INCORPORATED, a California corporation ("Consultant"), whose address is 8163 Rochester Ave., Suite 100, Rancho Cucamonga, CA 91730, and is made with reference to the following.- RECITALS ollowing: 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 desires to engage Consultant to provide professional architecture services on an on-call and as needed basis ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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 Effective Date, and shall terminate on June 30, 2024, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided, 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available, and 2.1.3 The estimated number of hours and cost to complete the Services, 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 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 Three Hundred Thousand Dollars and 00/100 ($300,000.00), 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. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person Wolff/Lang/Christopher Architects, Incorporated Page 2 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) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 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 and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Kelley Needham 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. 5.2 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 the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing Wolff/Lang/Christopher Architects, Incorporated Page 3 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. 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 and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and 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, 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 9.1 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 expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action Wolff/Lang/Christopher Architects, Incorporated Page 4 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 the 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. No civil service status or other right of employment shall accrue to Consultant or its employees. 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 of the Work 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 the Consultant on the 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 the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Wolff/Lang/Christopher Architects, Incorporated Page 5 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 co -tenancy, 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 The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any 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. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information to City upon prior written request. 17.2 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 Wolff/Lang/Christopher Architects, Incorporated Page 6 full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 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 the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's 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 Consultant or contractor bids or actual cost to City. 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 expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged Wolff/Lang/Christopher Architects, Incorporated Page 7 infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services 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. 22. 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 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. 23. 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 restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) Wolff/Lang/Christopher Architects, Incorporated Page 8 prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. 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. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, 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. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Kelley Needham Wolff/Lang/Christopher Architects, Incorporated 8163 Rochester Ave., Suite 100 Rancho Cucamonga, CA 91730 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Wolff/Lang/Christopher Architects, Incorporated Page 9 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than 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. PREVAILING WAGES 29.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any Wolff/Lang/Christopher Architects, Incorporated Page 10 subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 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. 30.3 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. 30.4 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. 30.5 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. 30.6 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. 30.7 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. Wolff/Lang/Christopher Architects, Incorporated Page 11 30.8 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. 30.9 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, State of California. 30.10 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 race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Wolff/Lang/Christopher Architects, Incorporated Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I I Lod BY: Q_/, Y=,-�vr Aaron C. Harp City Attorney o5� ATTEST: / Date: 6 B&i4r0e. Y Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brad Av Mayor CONSULTANT: WOLFF/LANG/CHRISTOPHER ARCHITECTS, INCORPORATED, a California corporation Date: Signed in Counterpart By: James P. Dicamillo Chief Executive Officer Date: Signed in Counterpart By: Kelley Needham Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Wolff/Lang/Christopher Architects, Incorporated Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_1/171 Aaron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brad Avery Mayor CONSULTANT: WOLFF/LANG/CHRISTOPHER ARCHITECTS, INCORPORATED, a California corporation Date: S 21 B' QZ� Jame P. Dicamillo xecutive Officer 11 91 [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Wolff/Lang/Christopher Architects, Incorporated Page 13 EXHIBIT A SCOPE OF SERVICES Wolff/Lang/Christopher Architects, Incorporated Page A-1 EXHIBIT A SCOPE OF SERVICES The following is a list of on-call architecture Services for conceptual and final design of building improvements for City capital improvement and maintenance projects that Consultant shall provide, based upon City's request and acceptance of written Letter Proposal(s): ■ Prepare conceptual design and architectural renderings. ■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City Council meetings, etc.). ■ Prepare final design level construction plans, specifications, and estimates. Specifications shall conform to the Standard Specifications for Public Works Construction (Greenbook). • Prepare American Disability Act (ADA) studies. • Incorporate water and energy savings design measures and value engineering services. ■ Provide bid support. ■ Provide construction support and administration services. ■ Prepare record drawings. • Other architecture -related tasks, as necessary. No services shall be provided until the City's Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. EXHIBIT B SCHEDULE OF BILLING RATES Wolff/Lang/Christopher Architects, Incorporated Page B-1 EXHIBIT B BILLING RATES Architect Principals of Firm $250.00 Associate/Director/Coordinator $220.00 Senior Project Arch itect/Mana er $200.00 Project Arch itect/Mana er $170.00 Design Studio $120.00 Clerical $100.00 Civil Engineer Principal Civil Engineer $150.00 Principal Land Surveyor $150.00 Project Engineer $120.00 Project Manager $105.00 Engineering Design $105.00 Design Draftsman $100.00 Draftsman $ 95.00 Technical Support $ 60.00 Structural Engineer Principal Engineer $175.00 Project Engineer $150.00 Chief Draftsman $110.00 Draftsman $ 90.00 Technical Support Electrical Engineer $ 75.00 Principal $175.00 Project Manager $135.00 Project Engineer $125.00 Designer $ 95.00 Designer/CADD Technician $ 90.00 Jr. Designer/CADD Technician $ 80.00 CADD Technician/Drafter $ 70.00 Technical Su ort Mechanical Engineer Principal $ 50.00 $225.00 Associate Principal $205.00 Senior Project Manager $195.00 Project Manager $185.00 Senior Project Engineer $170.00 Project Engineer $150.00 Senior Design Engineer $135.00 Design Engineer $125.00 Senior Designer $115.00 Designer $105.00 CADD Designer $100.00 CADD Technician $ 80.00 Administrative $ 75.00 Technical Support Landscape Architect Principal Architect $ 65.00 $165.00 Associate Architect $140.00 Architect/Project Manager $125.00 Job Captain/Designer $110.00 CADD Technician $ 95.00 Draftsperson $ 80.00 Technical Support $ 65.00 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. 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 the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 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 each accident. Wolff/Lang/Christopher Architects, Incorporated Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Wolff/Lang/Christopher Architects, Incorporated Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for 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. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- Wolff/Lang/Christopher Architects, Incorporated Page C-3 insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's 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. Wolff/Lang/Christopher Architects, Incorporated Page C-4 From: To: Subject: Date: Reyes, Raymund Morgan, Shelby FW: Compliance Alert -Vendor Number FV00000536 Tuesday, June 1, 2021 8:43:50 AM -----Original Message ----- From: Customer Service <customerservice@ebix.com> Sent: Wednesday, May 26, 2021 5:45 PM To: Reyes, Raymund <rreyes@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov> Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000536 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000536 Wolff/Lang/Christopher Architects, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. #21950 8122-2a FY24 8163 Rochester Avenue Rancho Cucamonga, CA 91730 P.+1 909-987-0909 PBK.com September 7, 2023 Mr. Peter Tauscher, PE Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Proposal for Architectural/Engineering Services - Shower/Locker Remodel City of Newport Beach Dear Mr. Tauscher: Thank you for contacting PBK in regard to some interior remodeling at the Utilities Department. Attached please find our scope of work and fee proposal. If you should have any questions, please feel free to contact me at any time. Mr. Tauscher, thank you again for this opportunity. We look forward to continuing our relationship with the City of Newport Beach. Very truly yours. Managing Partner KN:br/230107-mkt Attachment: Scope of Services Fee Proposal cc: Stephanie Quintero, Director of Accounting, Senior Associate, PBK ARCHITECTURE 11 ENGINEERING 11 PLANNING 11 TECHNOLOGY 11 FACILITY CONSULTING Scope of Services It is our understanding that the City of Newport Beach would like to remodel the existing Men's Shower/Locker Rooms at the Utilities Department. The project will not require a review from the Department of Building and Safety. We anticipate our scope of work to be as follows: • Prepare an as -built plan of the existing conditions. • Develop design drawings for review and approval. • Develop construction plans and specifications. • Assist and support the City during the bidding phase. • Provide construction administration during the construction phase. • Assist in project closeout at the completion of construction. City of Newport Beach - Shower/Locker Remodel Page 2 Fee Proposal Your contract with PBK will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. PBK is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City to feel that you are getting both a quality architectural product and excellent professional services at a fair market price. In an effort to better define our fee proposal, we have broken it down into the following components: A. Basic Architectural Fee B. Project Specific Fees C. Total Fee D. Reimbursables E. Exclusions/Clarifications F. Hourly Rate Schedule A description of each component is as follows: A. BASIC ARCHITECTURAL FEE Our basic architectural fee will be a fixed lump sum and includes the following disciplines: • Architectural • Mechanical/Plumbing • Electrical A breakdown of our proposed fee is as follows: Phase of Service Fee Design Drawings $ 6,250.00 Construction Documents 12,500.00 Bidding 1,250.00 Construction Administration 5,000.00 TOTAL BASIC ARCHITECTURAL FEE $ 25,000.00 B. PROJECT SPECIFIC FEES The following items are unique to each project and not typically found in the basic scope of architectural services. Based on our experience and interpretation of the information available, we believe the following services will also be required: TASK FEE Hazardous Material Assessment $ 2,500.00 TOTAL PROJECT SPECIFIC FEES $ 2,500.00 City of Newport Beach - Shower/Locker Remodel Page 3 C. TOTAL FEE The following is the total of all fees along with an allowance for reimbursables: SERVICE FEE Basic Architectural Fees $ 25,000.00 Project Specific Fees Reimbursable Allowance TOTAL PROJECT SPECIFIC FEES D. REIMBURSABLES 2,500.00 1,000.00 $ 28,500.00 Items required or requested by the City or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: 1. Bulk paper copy. 2. Printing/Mylars. 3. Express or overnight mail/courier service. E. EXCLUSIONS/CLARIFICATIONS The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known: 1. Plan check/permit fees. 2. Services or tasks not specifically listed in our proposal. 3. Structural engineering. Approved by: v TGS 09-14-23 8122-2A 20F02-DESIGN-571-UNASSIGNED $6,766.82 495 21 F02-DESIGN-571-UNASSIGNED $10,373.73 23F02-DESIGN-571-UNASSIGNED $11,359.45 City of Newport Beach - Shower/Locker Remodel Page 4 F. HOURLY RATE SCHEDULE For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated at the time additional services are requested. ARCHITECT Principals of Firm $250.00 Associate/Director/Coordinator $220.00 Senior Project Architect/Manager $200.00 Project Architect/Manager $170.00 Design Studio $120.00 Clerical $100.00 MECHANICAL Principal $225.00 Engineer $195.00 Project Manager $185.00 Senior Designer $160.00 Designer $120.00 CAD Technician $100.00 Administrative $ 80.00 ELECTRICAL Principal $200.00 Project Engineer $175.00 Project Manager $165.00 Senior Designer $140.00 Designer $120.00 CAD Technical/Drafter $ 90.00 Technical Support $ 70.00 City of Newport Beach - Shower/Locker Remodel Page 5 V# 21950 8122-2A 8163 Rochester Avenue Rancho Cucamonga, CA 91730 P.+1 909-987-0909 PBK.com September 18, 2023 Mr. Peter Tauscher, PE Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Proposal for Architectural/Engineering Services - Video Surveillance System City of Newport Beach Dear Mr. Tauscher: Thank you for contacting PBK in regard to upgrading the existing surveillance system at the Police Department. Attached please find our scope of work and fee proposal. I have included the proposal from our electrical engineer and their sub -consultant. Due to the nature of the work, I believe a thorough review of their scope would be prudent. If you should have any questions, please feel free to contact me at any time. Mr. Tauscher, thank you again for this opportunity. We look forward to continuing our relationship with the City of Newport Beach. Very truly yours, Managing Partner KN:br/2301 1 1-mkt Attachment: Scope of Services Fee Proposal Proposal from A&F Engineering dated September 6, 2023 cc: Stephanie Quintero, Director of Accounting, Senior Associate, PBK ARCHITECTURE 11 ENGINEERING 11 PLANNING 11 TECHNOLOGY 11 FACILITY CONSULTING Scope of Services It is our understanding that the City of Newport Beach would like to upgrade the existing video surveillance system at the Police Department. We anticipate our scope of work to be as follows: • Prepare an as -built plan of the existing conditions. • Develop design drawings for review and approval. • Develop construction plans and specifications. • Assist and support the City during the bidding phase. • Provide construction administration during the construction phase. • Assist in project closeout at the completion of construction. City of Newport Beach - Video Surveillance System Page 2 Fee Proposal Your contract with PBK will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. PBK is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City to feel that you are getting both a quality architectural product and excellent professional services at a fair market price. In an effort to better define our fee proposal, we have broken it down into the following components: A. Architectural Fee B. Reimbursables C. Exclusions/Clarifications D. Hourly Rate Schedule A description of each component is as follows: A. ARCHITECTURAL FEE Our architectural fee will be a fixed lump sum and includes the following disciplines: Architectural Electrical A breakdown of our proposed fee is as follows: Phase of Service Fee Design Drawings $ 8,750.00 Construction Documents Bidding Construction Administration 17,500.00 1,750.00 7,000.00 SUBTOTAL ARCHITECTURAL FEE 35,000.00 REIMBURSABLE ALLOWANCE 1,000.00 TOTAL ARCHITECTURAL FEE B. REIMBURSABLES $ 36,000.00 Items required or requested by the City or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: 1. Bulk paper copy. 2. Printing/Mylars. 3. Express or overnight mail/courier service. City of Newport Beach - Video Surveillance System Page 3 C. EXCLUSIONS/CLARIFICATIONS The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known: 1. Plan check/permit fees. 2. Services or tasks not specifically listed in our proposal. 3. Structural engineering. 4. Mechanical/Plumbing engineering. 5. Hazardous material assessment. D. HOURLY RATE SCHEDULE For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated at the time additional services are requested. ARCHITECT Principals of Firm $250.00 Associate/Director/Coordinator $220.00 Senior Project Architect/Manager $200.00 Project Architect/Manager $170.00 Design Studio $120.00 Clerical $100.00 ELECTRICAL Principal $200.00 Project Engineer $175.00 Project Manager $165.00 Senior Designer $140.00 Designer $120.00 CAD Technical/Drafter $ 90.00 Technical Support $ 70.00 City of Newport Beach - Video Surveillance System Page 4 A&F ENGINEERING GROUP, INC. CONSULTING ELECTRICAL ENGINEERS September 6, 2023 Mr. Kelley Needham WLC Architects, Inc. 8163 Rochester Avenue, Suite 100 Rancho Cucamonga, CA 91730 Re: Newport Beach Police Department — Video Surveillance Systems Manhattan Beach Fire Department A & F Engineering Group, Inc. Proposal Mr. Needham, Pursuant to your request, we are pleased to submit this proposal to furnish Electrical Engineering services for the development of video surveillance plans and specifications for the aforementioned project. The "Scope of Work" includes preparation of electrical construction documents for the following: 1. Plans for the location of interior cameras to cover the Jail, Property room, first floor hallways, and two (2) jail interview rooms. 2. Full exterior/site coverage to include building perimeter and parking lots. 3. Exterior cameras to be provided with internal IR illumination. 4. Camera resolution to be 720p or higher. 5. Jail and interview rooms cameras shall have audio and video capabilities. 6. Provide 10% spare ports on new PoE switches. 7. Provide 24/7 recording of all cameras on the system with minimum two years of video retention (0.25 years on site storage, 1.75 years hosted storage). 8. System shall have video retrieval capability as required by the Police Department. 9. New system components shall be fully compatible with the Police Department's Ocularis video management system. 10. Programming shall be accomplished utilizing user friendly software. 11. System shall be configured to provide Police Department personnel access to "System Status" tools. 12. Provide a new monitor for each work station at the front desk. 13. Provide new, full size (largest available) monitors at the four (4) Watch Commander stations/office. 14. Provide new, full size (largest available) monitors to replace the two (2) Jail monitors. 15. Systems design shall be in compliance with the Newport Beach Police Department video surveillance standards. 16. Plans shall be developed using the Owner/Client furnished CAD backgrounds for the buildings and site. A & F Engineering Group, Inc. services for this project will include but not limited to the following: I. SERVICES TO BE PROVIDED: 1. Construction Document Phase A. Review Owner/Client furnished City approved plans. 9320 BASELINE RD. SUITE C, RANCHO CUCAMONGA, CA 91701, Tel (909) 941-3008, Fax (909) 941-8211 Page 2 Video Surveillance System Newport Beach PD B. Attend coordination conference calls with Architect, Police Department, and City I.T. Department. C. Complete drawing package which shall include plans, diagrams and details necessary for obtaining bids from low voltage contractors. Drawing package shall include, but not be limited to: 1) Site plan indicating camera locations and routing of site conduits. 2) Power plans indicating 120V. circuiting for head -end equipment and monitors. 3) Video Surveillance plans indicating the location of all low voltage equipment, devices, outlets and conduit/wire routing. 4) Block diagrams indicating the wiring requirements for the system. D. Preparation of Division 26, 27, 28 Specifications. E. Coordinate with the work of other design team members. F. Submit drawings in pdf format to the Architect for City plan review. G. Incorporate plan review comments/corrections. H. Submit one pdf copy of the completed (100%) drawings and specifications, electronically signed, to the architect for City plan approval. 2. Construction Administration Phase A. Review Shop drawings and submittals by the Contractor. B. Interpret contract documents for proper execution of work during construction. C. Respond to Contractor RFIs. D. Attend construction meetings and site visits as requested by the Architect/Owner. Work Not Included 1. Upgrade of the existing computer network/data system required to support the integration of the new video surveillance system and components. 2. Delivery of construction documents to plan check and associated plan check fees. 3. Structural details/calculations for supporting/anchoring of low voltage equipment. 4. Preparation of "Record" drawings from the contractor's as -built mark-ups. II. COMPENSATION A. The Scope of Work for Electrical Engineering services will be provided based on a lump sum fixed fee of Eighteen Thousand dollars ($18,000.00). Video Surveillance Consultant $12,000.00 A&F Engineering and Design $ 6,000.00 $18,000.00 B. Services shall be invoiced monthly based upon the work completed. Payment is due within 30 days of invoice date. C. Additional fees, based on the following hourly rates, shall apply for any and all revisions to the Scope of Work: Principal $200.00 Engineer $175.00 A&F ENGINEERING GROUP, INC. 9320 BASELINE RD. SUITE C, RANCHO CUCAMONGA, CA 91701, Tel (909) 941-3008 fax (909) 941-8211 Page 3 Video Surveillance System Newport Beach PD Project Manager $165.00 Sr. Designer $140.00 Designer $120.00 CAD Drafting $ 90.00 Clerical $ 70.00 We are looking forward to working with your office on this project. Please contact our office if you have any questions or require additional information. Sincerely, Luis E. Flores Principal LEF:ms ACCEPTED Approved by: TAS 09-22-23 8122-2A 0103522-911024 $36,000 DATE A&F ENGINEERING GROUP, INC. 9320 BASELINE RD. SUITE C, RANCHO CUCAMONGA, CA 91701, Tel (909) 941-3008 fax (909) 941-8211 8/22/2023 r � APPLE VALLEY COMMUNICATIONS Inc. 21845 HWY 18 APPLE VALLEY, CA 92307 760-247-2668 Fx 760-247-0087 DIR # 1000002294 CA, CONTRACTOR # 542642 C7/C10 ALARM LICENSE # ACO 3056 A&F Engineering Group, Inc Luis E. Flores 9320 Baseline Rd. Suite C Rancho Cucamonga, CA 91701 Tel: (909) 941-3008 Project Number: 38398 For: Newport Beach - Design & Specs Site: Mfr-Part No. Qty Description Unit Price Extended THANK YOU FOR CHOOSING APPLE VALLEY COMMUNICATIONS DIR #1000002294 Scope * Provide the design and specifications for a new CCTV system to be used for bidding purposes. * AVC to sit in on meetings with A&F for coordinating what is required by the end user for their CCTV needs. * AVC to provide a written specification and dots and spots drawings to create a set of bid documents to be put out for public bid. AVC-BID 1 Project Specific Specification AVC-BID 1 CCTV Design - Layout Dots & Spots AVC-BID 1 End User Meetings Notes * AVC to attend meetings as A&F engineering. * AVC to provide the CAD files to A&F upon completion of the design drawings 8/22/2023 APPLE VALLEY COMMUNICATIONS Inc. Project: 38398 Page 1 of 2 Mfr-Part No. Qty Description Unit Price Extended * AVC requires all above listed Scope's, Note's, Assumptions, and Exclusions to be specifically written into all Purchase Orders and Contracts. ********************** Estimate ************************ For informational purposes only This document is NOT a contract. This is a best efforts estimate of costs associated with the plans and specifications. All terms and conditions shall be formalized at a later date, in a final and binding written contract between the parties. For all contract documents please use our legal name Apple Valley Communications Inc. Does not Include Permits, Bonds, Special Insurance Requests, Waiver of Subrogation, Primary and Non -Contributory Wording or Omnibus Wording. This is Valid for 30 Days. Client Signature: Jeff Marek, Chief Estimator 8/22/2023 Date: Project Total: $ 12,000.00 APPLE VALLEY COMMUNICATIONS Inc. Project: 38398 Page 2 of 2 8163 Rochester Avenue Rancho Cucamonga, CA 91730 P.+1 909-987-0909 PBK.com January 11, 2023 Mr. Tom Sandefur Assistant City Engineer City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92658-8915 Re: Scope of Services/Fee Proposal Fire Station 3 Feasibility Study City of Newport Beach Dear Mr. Sandefur: Thank you for contacting PBK in regard to conceptual design services for the relocation of Fire Station 3.1 have attached a brief scope of work as well as a fee proposal for your review. Mr. Sandefur, thank you again for this opportunity. If you should have any questions or need any additional information, please do not hesitate to call me at any time. Very truly yours, APPROVED: ILt-7- oew� On -call 8122-2A $15,500 01080801-811008 Managing Partner TAS 1 /24/23 KN:br/23003-mkt Attachment: Scope of Services Fee Proposal cc: Stephanie Quintero, Director of Accounting, PBK ARCHITECTURE \\ ENGINEERING \\ PLANNING \\ TECHNOLOGY \\ FACILITY CONSULTING Scope of Services It is our understanding that the City of Newport Beach would like to have a conceptual study done for the relocation of Fire Station 3 to the Newport Beach Transportation Center. We anticipate our scope of work to be as follows: • Meet with the City to develop the project parameters and program. • Develop conceptual site and floor plans. • Revise the alternatives based on feedback from the City. • Develop a preliminary cost estimate of on -site improvements. • Deliverables: Colored site plan Colored floor plan Cost estimate City of Newport Beach Page 2 Fee Proposal Your contract with PBK will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. PBK is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City to feel that you are getting both a quality architectural product and excellent professional services at a fair market price. In an effort to better define our fee proposal, we have broken it down into the following components: A. Basic Architectural Fee B. Reimbursables C. Exclusions/Clarifications D. Hourly Rate Schedule A description of each component is as follows: A. Basic Architectural Fee Our basic architectural fee will be a fixed lump sum and includes the following disciplines: Architectural Design A breakdown of our proposed fee is as follows: Phase of Service Fee Meetings with City (2 meetings @ $1,500 each) $ 3,000.00 Develop Conceptual Plans 1 111 11 Preliminary Cost Estimate 2,000.00 SUBTOTAL BASIC ARCHITECTURAL FEE $ 15,000.00 Reimbursable Allowance 500.00 TOTAL BASIC ARCHITECTURAL FEE $ 15,500.00 City of Newport Beach Page 3 B. Reimbursables Items required or requested by the City or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: 1. Bulk paper copy. 2. Printing/Mylars. 3. Express or overnight mail/courier service. C. Exclusions/Clarifications The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known: 1. Services or tasks not specifically listed in our proposal. D. Hourly Rate Schedule For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated at the time additional services are requested. ARCHITECT Principals of Firm $220.00 Associate/Director/Coordinator $200.00 Senior Project Architect/Manager $180.00 Project Architect/Manager $150.00 Technical Level 1/11 $100.00 Technical Support $ 80.00 City of Newport Beach Page 4 8163 Rochester Avenue Rancho Cucamonga, CA 91730 P.+1 909-987-0909 PBK.com April 20, 2023 Ms. Kathryne Cho, P.E. Civil Engineer City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92658-8915 Approved by: " On - Call 8122-2A 22F02-DESIGN-571-U NAS $26,000 TGS 04/26/2023 Re: Proposal for Architectural/Engineering Services - Harbor Department City of Newport Beach Dear Ms. Cho: Thank you for contacting PBK in regard to some minor interior and acoustical revisions at the Harbor Department. Attached please find our scope of work and fee proposal. If you should have any questions, please feel free to contact me at any time. Ms. Cho, thank you again for this opportunity. We look forward to continuing our relationship with the City of Newport Beach. Very truly yours, Managing Partner KN:br/23032R-mkt Attachment: Scope of Services Fee Proposal cc: Stephanie Quintero, Director of Accounting, Senior Associate, PBK Approved by: Kathryne Cho Date: 04/21 /23 Contract: 8122-2A ARCHITECTURE 11 ENGINEERING 11 PLANNING 11 TECHNOLOGY 11 FACILITY CONSULTING Scope of Services It is our understanding that the City of Newport Beach would like to add a door and some acoustical panels in the Harbormaster's office in Marina Park. We anticipate our scope of work to be as follows: • Review existing as -built documentation. • Develop design drawings for review and approval. • Develop construction plans and specifications. • Submit the project to Building and Safety. • Assist and support the City during the bidding phase. • Provide construction administration during the construction phase. • Assist in closeout of the execution of the contract for improvements. City of Newport Beach - Harbor Department Page 2 Fee Proposal Your contract with PBK will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. PBK is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City to feel that you are getting both a quality architectural product and excellent professional services at a fair market price. In an effort to better define our fee proposal, we have broken it down into the following components: A. Basic Architectural Fee B. Reimbursables C. Exclusions/Clarifications D. Hourly Rate Schedule A description of each component is as follows: A. Basic Architectural Fee Our basic architectural fee will be a fixed lump sum and includes the following disciplines: Architectural Design A breakdown of our proposed fee is as follows: Phase of Service Fee Design Drawings $ 6,250.00 Construction Documents Bidding 12,500.00 1,250.00 Construction Administration 5,000.00 SUBTOTAL BASIC ARCHITECTURAL FEE $ 25,000.00 Reimbursable Allowance 1,000.00 TOTAL BASIC ARCHITECTURAL FEE $ 26,000.00 City of Newport Beach - Harbor Department Page 3 B. Reimbursables Items required or requested by the City or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: 1. Bulk paper copy. 2. Printing/Mylars. 3. Express or overnight mail/courier service. C. Exclusions/Clarifications The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known: 1. Plan check/permit fees. 2. Services or tasks not specifically listed in our proposal. 3. Structural, mechanical, electrical or acoustical engineering. City of Newport Beach - Harbor Department Page 4 D. Hourly Rate Schedule For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated at the time additional services are requested. ARCHITECT Principals of Firm $250.00 Associate/Director/Coordinator $220.00 Senior Project Architect/Manager $200.00 Project Architect/Manager $170.00 Design Studio $120.00 Clerical $100.00 City of Newport Beach - Harbor Department Page 5 8163 Rochester Avenue Rancho Cucamonga, CA 91730 P.+1 909-987-0909 PBK.com February 7, 2023 Mr. Tom Sandefur Assistant City Engineer City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92658-8915 Re: Request for Additional Services Newport Beach Fire Station 3 Feasibility Study Project 230074.06 Dear Mr. Sandefur: Attached please find a proposal from Arcadis IBI Group for additional study on the feasibility of reconfiguring the Newport Transportation Center. If these services are of interest to the City, we would request a contract amendment in the amount of $16,101.36. Mr. Sandefur, please let me know how you would like to proceed in regard to this matter. If you should have any questions or concerns, please feel free to contact me at any time. Very truly vours. I\LLLL I IVLLLl1 1lll V1, !llll Managing Partner KN:br/P0230074xl -Itr Attachment: Proposal from Arcadis IBI Group dated January 16, 2023 cc: Stephanie Quintero, Director of Accounting, Senior Associate BK APPROVED: On -call 8122-2A 0 1080801 -8 11008 TAS 2/10/23 ARCHITECTURE \\ ENGINEERING \\ PLANNING \\ TECHNOLOGY \\ FACILITY CONSULTING January 16, 2023 Tom Sandefur, PE Assistant City Engineer City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Dear Tom: Proposal to Conduct the Newport Transportation Center Feasibility Study Arcadis IBI Group appreciates the opportunity to present scope and fee for studying the feasibility of reconfiguring the Newport Transportation Center. The Newport Transportation Center (Center) is located on Avocado Avenue near San Joaquin Hills Road in the City of Newport Beach (City). It is a 9-bay facility that currently serves four routes - 1 (2 bays), 55 (2 bays), 57 (2 bays) and 79 (1 bay). Two bays are unassigned and may be used for buses laying over at the facility. The center also hosts a Park and Ride lot which appears from observation to be underutilized, and restroom facilities, currently restricted to drivers. The parcel upon which the Center sits is owned by the Orange County Transportation Authority (OCTA). The City is exploring options to relocate a nearby Fire Station to the same property as the Center; the resulting public mixed -use parcel would require reducing the footprint of the Center by about 1/3. Arcadis IBI Group will develop two concepts, in conjunction with the City, to reconfigure the bus facilities at the Center. The concepts will be based on available aerial maps and CAD drawings of the potential fire station layout prepared by others; no survey will be done. The following are potential concepts that will be developed: Concept 1: Traditional assigned route -per -bay layout, following the current configuration operated by OCTA. Even assuming re -purposing of the park -and -ride space for bays, the reduced footprint will likely mean fewer available bays, possibly requiring some routes to share bays. Concept 2: A "load -and -go" configuration featuring a "back of house" layover and driver relief area, and a set of shared boarding and alighting bays (at least 2 and possibly 4) that would be used by all routes as they approach and depart the Center. Some transit agencies have adopted this model, which can be more space -efficient. Each concept will be presented in 1" = 20' scale and will include dimensions for bus bays, lane widths, curb heights and ADA compliance. AutoTurn templates will be done to validate all bus turning radii. The fee for the above effort will be per the following table. Two meetings with the City are assumed. Optional meetings with OCTA would be billed on a time -and -materials basis using the rates below. Name Classification Billing rate Hours Total Steve Schibuola PIC $326.63 8 $2,613.04 Tapas Dutta PM $272.70 24 $6,544,80 AI ssa Foley Designer $107.66 48 $5,167,68 Eric Tunell Transit Planner $104.74 16 $1,675.84 Other Direct Costs $ 100.00 Total $16,101.36 Brief bios of the key personnel are as follows. Steve Schibuola, PIC and Transit Operations Lead Mr. Schibuola has thirty-four years of experience in a diverse variety of urban transportation disciplines including strategic and service planning for public transportation. He has managed numerous planning and design teams on projects in Southern California with the Orange County Transportation Authority (since 1994), the Los Angeles County Metropolitan Transportation Authority, the Southern California Association of Governments, the San Diego Association of Governments, and North County Transit District. Tapas Dutta PE, PM Mr. Dutta has over 30 years' experience in all phases of transportation engineering from conceptual design through construction. He has over 20 years of diverse experience in Project Management, successfully delivering projects, such as the University Drive widening for the City of Irvine, Paseo De Valencia widening for the City of Laguna Hills, Demuth Park ADA upgrades for the City of Palm Springs, Lincoln Boulevard Feasibility Study for LADOT, and a Parking Lot Design for the North County Transit District. He was also the Program Manager for the City of Industry's Capital Improvement Program, with a value of about $50 million a year for over six years. He has experience working with many cities and agencies, including City of Irvine, City of Laguna Hills, City of Industry, LADOT, NCTD, Caltrans, OCTA, Army Corps of Engineers, California Department of Fish and Wildlife, the California Coastal Commission, and more. Alyssa Foley, Designer Ms. Foley is an Engineer -In -Training at Arcadis IBI Group with nearly five years of experience working on transportation engineering and planning projects, including bikeway design, traffic signal design, temporary traffic control, multi -use pathway design and transit and traffic study report writing. Eric Tunell, Transit Planner Eric Tunell is an urban planner with six years of experience in the field, working to connect people to the planning and placemaking process through creative engagement and storytelling. He has provided planning and engagement support to numerous projects ranging in scale from local active transportation plans and parking studies to county -level studies of transit and land use integration. Prior to joining Arcadis IBI Group he worked for LA Metro's Shared Mobility division (covering vanpool and bike share), and for eight years in public relations and corporate communications in both the private and non-profit sectors. Upon Notice to Proceed, the concepts will be developed within four (4) weeks. Thank you. Sincerely, Steve Schibuola, Director Arcadis IBI Group 8163 Rochester Avenue Rancho Cucamonga, CA 91730 P. +1 909-987-0909 PBK.com September 27, 2022 Mr. Tom Sandefur Assistant City Engineer City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Request for Additional Services - Construction Administration Newport Beach Police Station Remodel Project 1614900.06 Dear Tom: Attached please find our Scope of Work for the latest phase of the above referenced project. Our fee for construction administration services is $15,000.00. If you should have any questions or require any additional information, please not hesitate to contact me at any time. �i'G�'�r� APPROVED: Very truly yours, On -call 8122-2 $15,000 20F02-Design-571-Unassign TAS 10/20/22 KELLEY NILerrD AIA Managing Partner KN:hb\P01614900x8-Itr Attachment: Scope of Work - Construction Administration Phase cc: Stephanie Quintero, Director of Accounting, PBK ARCHITECTURE " ENGINEERING II PLANNING 11 TECHNOLOGY Il FACILITY CONSULTING Scope of Work 5. Construction Administration Phase The Architect shall conduct job site meetings as required in order to generally review and evaluate the construction schedule, monitorweekly performance, reviewquality control standards, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the Architect for appropriate action. The Contractor's requests for information, proposal requests, and related communications shall be attended to on a regular basis. Contractor's pay requests shall be reviewed by the Architect on a monthly basis in accordance with the amount of work completed and in accordance with the contract documents. At every job site meeting, minutes shall be prepared, published and distributed by the Architect to all parties concerned, specifically noting current action items and related responsibilities. Upon completion of the Construction Phase the Architect shall organize and conduct a final walk-through and review. A final punch list for all required corrections and remaining work shall be prepared. During the Construction Phase of the project, the following services shall be furnished: A. Preconstruction Conference A preconstruction conference shall be attended by the Architect to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the Police Department, the Architect, the Contractor, and all major subcontractors. B. Job Site Meetings Job site meetings shall be scheduled and conducted by the Architect as required. Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The Architect shall publish and distribute a field report for each job site meeting, documenting the progress of construction and specifically noting current and delinquent action items. C. Submittal and Shop Drawing Review The Architect shall review all required shop drawings and related submittals as required by the contract documents. D. Project Closeout At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Architect to all parties concerned, specifically noting required corrections, non -conforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City. E. Record Documents A set of final record documents will be created from the Contractor's as -built drawings. Newport Beach Police Station Remodel