HomeMy WebLinkAboutC-8269-1 - PSA for Fire Station No. 2 Architectural/Engineering ServicesCV
AMENDMENT NO. THREE TO
V PROFESSIONAL SERVICES AGREEMENT
WITH WOLFF/LANG/CHRISTOPHER ARCHITECTS, INCORPORATED DBA WLC
ARCHITECTS, INC. FOR
FIRE STATION NO. 2 ARCHITECTURAL/ENGINEERING SERVICES
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 24th day of November,
2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and WOLFF/LANG/CHRISTOPHER
ARCHITECTS, INCORPORATED, a California corporation DBA WLC ARCHITECTS,
INC. ("Consultant"), whose address is 8163 Rochester Avenue, Suite 100, Rancho
Cucamonga, California 91730, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide architectural and
engineering design services to prepare contract documents for Fire Station No. 2,
located at 475 32nd Street ("Project").
B. On December 31, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to extend the term of the Agreement and
to update insurance requirements.
C. On November 10, 2020, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to reflect additional Services not included
in the Agreement, as amended, to extend the term of the Agreement to December
31, 2022, and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. Two shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
Three shall collectively be known as "Exhibit B."
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 Six Hundred Thirty Nine
Thousand Eight Hundred Dollars and 00/100 ($639,800.00), 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. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Twenty Two Thousand Dollars and 00/100 ($22,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ► ) /a/ Zo20
By: a `.�� *6e
Aaron C. Harp Qoh motto
City Attorney
ATTEST:
Date: o(,�
n
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municial corporation
Date: DEC 0 � 2020
By:
Gr K. Leung
Ci anager
CONSULTANT: Wolff/Lang/Christopher
Architects, Incorporated, a California
corporation, DBA WLC Architects, Inc.
Date:
Signed in Counterpart
By:
James P. Dicamillo
Chief Executive Officer
Date:
Signed in Counterpart
By:
Kelley Needham
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 I %170Zo-zo
Aaron C. Harp (kA 01%31$'
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Wolff/Lang/Christopher
Architects, Incorporated, a California
corporation, DBA WLC Architects, Inc.
Date:
Jam s P. Dicamillo
f Executive Officer
Date: , Q .
Byd1leyy
Z'
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
The following is a list of the basic activities and services provided as a result of the
Project's site relocation from the original site to the new/current site on 2807 Newport
Boulevard.
Civil & Structural Engineering — Additional Services
As the site for the Project has changed, the change has made an impact on both the
civil and structural engineering of the Project. The new site has three (3) street
frontages which increases the Civil Engineer's time in not only basic design but
survey time as well.
With regard to the structural engineering, the new site had both liquefaction issues
as well as a requirement for a mat slab foundation. These issues were outlined in the
geographical report provided for the new site. Consultant's original proposal was
based on typical spread footings in average soil conditions and excluded special
foundations of this nature. Additional civil and structural engineering services are
needed to address these issues.
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
The additional Services under this Amendment No. Three will be a fixed lump sum and
includes the following disciplines:
• Civil Engineering
• Structural Engineering
$2,000
$20,000
Total: $22,000
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page B-1
ei-
9
N
CJ AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH WOLFF/LANG/CHRISTOPHER ARCHITECTS, INCORPORATED DBA WLC
ARCHITECTS, INC. FOR
FIRE STATION NO. 2 ARCHITECTURAL/ENGINEERING SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 10th day of November, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and WOLFF/LANG/CHRISTOPHER
ARCHITECTS, INCORPORATED, a California corporation DBA WLC ARCHITECTS,
INC. ("Consultant'), whose address is 8163 Rochester Avenue, Suite 100, Rancho
Cucamonga, California 91730, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement') for to engage Consultant to provide architectural and
engineering design services to prepare contract documents for Fire Station No. 2,
located at 475 32nd Street ("Project').
B. On December 31, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to extend the term of the Agreement and
to update insurance requirements.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to December 31, 2022 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 December 31, 2022, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. Two shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. 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 Six Hundred Seventeen
Thousand Eight Hundred Dollars and 00/100 ($617,800.00), 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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Ninety Two Thousand Dollars and 00/100 ($92,000.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10j2700 -A0
By: l , P" -�.e
Aaron C. Harp
City Attorney
Date: EST: 1(t /g - wo
V'��
By:
—a4 -4, %.�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: a/! 0e/zrs -z o
By n . <�—
Will O'Neill
Mayor
CONSULTANT: Wolff/Lang/Christopher
Architects, Incorporated, a California
corporation, DBA WLC Architects, Inc.
Date:
EM
Signed in Counterpart
James P. Dicamillo
Chief Executive Officer
Date:
Signed in Counterpart
0
Kelley Needham
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: to / a7/ 2oso
By: 0,7,-P" -f�
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: Wolff/Lang/Christopher
Architects, Incorporated, a California
corporation, DBA WLC Architects, Inc.
Date:—1 C�' -?70 -2.O2-5
By:
Jame P. Dic illo
Chief Ke Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Construction Administration Phase
The Consultant shall conduct job site meetings at two (2) week intervals in order
to generally review and evaluate the construction schedule, monitor weekly
performance, review quality 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 Consultant for appropriate action.
The Project contractor's requests for information, proposal requests, and related
communications shall be attended to on a regular basis. The project contractor's
pay requests shall be reviewed by the Consultant 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 Consultant to all parties concerned, specifically
noting current action items and related responsibilities. Upon completion of the
Construction Phase, the Consultant shall organize and conduct a final walk-
through and review. A final punch list for all required corrections and remaining
work shall be prepared by the Consultant.
During the Construction Phase of the Project, the following services shall be
furnished:
A. Preconstruction Conference
A preconstruction conference shall be organized and conducted by the
Consultant 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 Newport Beach Fire Department, the Consultant, the
Project contractor, and all major Project subcontractors.
B. Job Site Meetings
Job site meetings at two (2) week intervals shall be scheduled and conducted
by the Consultant for the same day and time through the duration of the Project.
Scheduling, coordination, requests for information, and changes to the contract
for construction shall be routinely monitored. The Consultant 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. The
following number of meetings are anticipated to be required for the Project:
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page A-1
• Civil (2)
• Mechanical (3)
• Architectural (24)
• Electrical (3)
• Structural (3)
• Landscaping (3)
C. Submittal and Shop Drawing Review
The Consultant shall review all required shop drawings and related submittals
as required by the Project 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 Consultant 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 Project contractor's as -
built drawings.
Wolff/Lang/Christopher Architects, Incorporated DBA WLC Architects, Inc. Page A-2
I
NAMENDMENT NO. ONE TO
(� PROFESSIONAL SERVICES AGREEMENT
WITH WOLFF/LANG/CHRISTOPHER ARCHITECTS, INC. DBA WLC
V ARCHITECTS, INC. FOR
FIRE STATION NO. 2 ARCHITECTURAL/ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 31st day of December, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and WOLF F/LANG/CH RI STOPH E R
ARCHITECTS, INC. DBA WLC ARCHITECTS, INC., a California corporation
("Consultant"), whose address is 8163 Rochester Avenue, Suite 100, Rancho
Cucamonga, California 91730, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide architectural and
engineering design services to prepare contract documents for Fire Station No. 2,
located at 475 32nd Street ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to December 31, 2021, and to update insurance requirements.
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 December 31, 2021, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit C, "Insurance Requirements," Section 5(A), is amended in its entirety and
replaced with 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. All of the executed documents referenced in
this Contract must be returned to City within ten (10)
regular City business days after the date on the
"Notification of Award". Insurance certificates and
endorsements 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 Contract. 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 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.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO N Y'S OFFICE
Date: ( Z0
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: �- I a-' �? N-0
By: 1�4rzt� By:
F,oe, Aaron C. Harp C&M0`1"Aj$0 Gr (ce .Leung
City Attorney C t anager
ATTEST: CONSULTANT: Wolff/Lang/Christopher
Date:6.30-WZ C) Architects, Inc. DBA WLC Architects, Inc.,
a California corporation
Date:
By: By:
Signed in Counterpart
�
Leilani I. Brown Kelley Needham
City Clerk Vice President
An
Signed in Counterpart
George Weins
Chief Financial Officer
[END OF SIGNATURES]
Wolff/Lang/Christopher Architects, Inc. DBA WLC 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 ATY'S OFFICE
Dater ,( U ZQ)
By:zl
Fa(: Aaron C. Harp CnMagmlbe
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Wolff/Lang/Christopher
Architects, Inc. DBA WLC Architects, Inc.,
a California corporation
Date: iF.ZFJ.2Dyl7
By:
Kelley Needham
ePD
D. _
[END OF SIGNATURES]
.or. ya Zozo
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 3
Reyes, Raymund
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Subject: RE: Ebix - WLC Architects FV0000078
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PROFESSIONAL SERVICES AGREEMENT
QQ
WITH WOLFF/LANG/CHRISTOPHER ARCHITECTS, INC. DBA WLC
ARCHITECTS, INC. FOR
FIRE STATION NO. 2 ARCHITECTURAL/ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 22nd day of November, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City'), and WOLFF/LANG/CHRISTOPHER ARCHITECTS, INC. DBA WLC
ARCHITECTS, INC., a California corporation ("Consultant'), whose address is 8163
Rochester Avenue, Suite 100, Rancho Cucamonga, California 91730, 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 desires to engage Consultant to provide architectural and engineering
design services to prepare contract documents for Fire Station No. 2, located at
475 32nd Street ('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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2019, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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. 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, 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 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 Five Hundred
Twenty Five Thousand Eight Hundred Dollars and 00/100 ($525,800.00), 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
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 or specifically approved in writing in
advance by City.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 2
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.
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
Public Works Director 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 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
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 3
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 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
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 4
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.
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
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 5
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. 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 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
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 6
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
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
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 7
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"), 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.
25.2 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.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 8
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: David A. Webb, Public Works Director
Public Works Department
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, Inc. DBA WLC Architects, Inc.
8163 Rochester Avenue, Suite 100
Rancho Cucamonga, CA 91730
27. CLAIMS
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.).
28. TERMINATION
28.1 In the event that either parry 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
Wolff/Lang/Christop her Architects, Inc. DBA WLC Architects, Inc. Page 9
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
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. 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 Contractor 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 Contractor or any
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.
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
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 10
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.
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, Inc. DBA WLC Architects, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'SI,,II OFFICE
Date:_
By:'NuL'k
Aaron C. Harp (AM 101411v
City Attorney
ATTEST:)
I I
Date: 1�
By: �'('/ /f
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municip I corporation
Date: ll.-7li. //
By.
0�9ne B. Dixo
Mayor
CONSULTANT: Wolff/Lang/Christopher
Architects, Inc. DBA WLC Architects, Inc.,
a California corporation
Date:
Signed in Counterpart
By:
Kelley Needham
Vice President
Date:
Signed in Counterpart
George Weins
Principal 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, Inc. DBA WLC Architects, Inc. 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: IIF
By
E�N �4 ��
Aaron C. Harp uw uu IIiv
City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
[END OF
CITY OF NEWPORT BEACH,
a California municipal corporation
Diane B. Dixon
Mayor
CONSULTANT: Wolff/Lang/Christopher
Architects, Inc. DBA WLC Architects, Inc.,
a California corporation
Date:
President
Date: t1.1e;1(i
W 9/&0
Weins
I Chief Financial Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
Fire Station No. 2 Architectural/Engineering Design Services
WLC Architects, Inc.
The following is a list of the basic activities and services anticipated for your new project.
The scope has been divided into four of the five phases typically associated with
architectural services:
A. Schematic Design Phase
The first and perhaps most important task during the Schematic Design Phase will be to
establish and determine the best approach to the design of the primary systems in the
project. The architectural program shall be developed. Alternative configurations shall be
quickly explored in order to evaluate the best opportunities. A design concept shall be
formulated in order to provide a sound basis for subsequent planning and design
decisions to occur. The design concept shall be utilized to evaluate advantages and
disadvantages of each potential alternative. Site and programmatic factors, aesthetic
quality, cost, and other key factors related to the project shall be utilized in order to form
the basis of an evaluation. Through a variety of informal meetings with the project
committee, a schematic design concept shall be established.
During the Schematic Design Phase for your project, the following tasks and deliverables
been identified:
1. Master Site Plan
A master site plan shall be prepared in order to describe all major site components and
to illustrate the overall site planning concept for the project. All structures, parking areas,
and circulation components shall be identified. Areas of future expansion and/or future
phasing shall also be defined.
2. Preliminary Landscape Plan
A preliminary landscape plan shall be prepared in order to illustrate proposed planting,
landscaping techniques, and design concepts. Drought resistant, low maintenance and
xeriscape techniques shall be defined. A preliminary plant palette, identifying major tree
and shrub species, shall be included.
3. Preliminary Floor Plans
A preliminary floor plan of each level for every structure proposed shall be prepared.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page A-1
4. Exterior Elevations
Exterior elevations shall be prepared to illustrate all major views of the project. Elevations
shall be drawn to depict scale, character, architectural vocabulary, and shall be
delineated to communicate the aesthetic qualities of the project.
5. Schematic Design Opinion of Cost
A preliminary opinion of construction costs shall be prepared and included with the
summary report.
6. Hazardous Material Survey
A survey of each existing facility will be conducted in order to determine the presence of
asbestos, lead, and miscellaneous toxic materials.
7. Topographical Survey
A complete Topographical and Boundary Survey shall be furnished by the Design Team.
The size, area, and overall configuration of the site area shall be accurately defined
noting all existing conditions, improvements, utilities, and adjacent relationships.
8. Geotechnical Investigation
A Geotechnical Investigation shall be furnished by the design team. The soils report shall
be reviewed in order to determine existing soils conditions, soils characteristics, water
table relationship to known seismic faults, and overall soils suitability for the proposed
project. Specific recommendations shall be made for soils preparation related to the
construction of footings, foundations, slabs, and various pavement sections.
9. Environmental Planning
The Design Team will prepare all reports and documents pursuant to the requirements of
the California Environmental Quality Act (CEQA) and EMWD's adopted CEQA
procedures.
10. Project Schedule
A comprehensive project schedule shall be prepared. The project schedule shall include
anticipated time frames for each phase of the project as well as any other milestones
required by the City.
1. Design Development Phase
After completion of the Schematic Design Phase, the design of the project shall be
advanced into more detailed refinement by initiating the Design Development Phase.
Our Design Team shall prepare design development documents consisting of drawings,
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page A-2
outline specifications, design calculations, material/equipment submittals, fixture cuts,
and a design development opinion of estimated construction cost. Architectural,
structural, electrical, and mechanical systems shall be further detailed and analyzed.
Preliminary drawings shall be prepared for each of these systems and options which
may exist shall be evaluated.
During the Design Development Phase, requirements for cabinets, casework, hardware,
and related specialties shall be determined. A preliminary furniture plan shall be
prepared indicating usage and furniture layout of every work station, office, and support
space. Final selection of materials, textures, and colors shall occur. The Design
Development Phase is essentially the time when preliminary design proposals are
refined to a level of detail and developed to a state such that final construction
documents can be initiated. The Design Development Phase is the time when all final
decisions pertaining to the proposed project are evaluated and finalized.
During the Design Development Phase, the following tasks and deliverables have been
identified:
1. Design Development Plans
Design development drawings shall be prepared in order to fix and describe the size and
character of the entire project including architectural, structural, mechanical, and
electrical design features.
2. Outline Specifications
Outline specifications shall be prepared in order to identify and define the materials and
system components selected for the project. Outline specifications shall be prepared in
summary outline form based on CSI format.
3. Basis of Design
A technical manual shall be assembled to organize product literature and data for all
materials, equipment, and fixtures selected for the project.
4. Building Code Analysis
Drawings, diagrams, and calculations shall be prepared based upon all applicable
building codes having jurisdiction over the project. A preliminary occupancy and exiting
plan shall be prepared to identify the type of construction, type of occupancy, required
fire rating/separation, and location/number of exits required.
5. Design Development Opinion of Cost
An opinion of construction cost shall be prepared to reflect the scope and anticipated
construction costs as reflected by the design development documents.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page A-3
6. Project Schedule
An updated project schedule shall be prepared and submitted.
C. Construction Document Phase
The final Construction Document Phase of the project generally consists of the
preparation of the construction documents to include final drawings, specifications,
calculations, and final cost estimates. Our proposal includes complete and
comprehensive architectural and engineering services required to execute the entire
project. Specifically, we have included the following disciplines:
i. Architectural
ii. Civil Engineering
iii. Structural Engineering
iv. Mechanical Engineering
V. Electrical Engineering
Vi. Landscape Architecture
During this phase, the Contract Documents are prepared setting forth in detail the
requirements for the construction of the project. General conditions, instructions to
bidders, and all special requirements are defined, and when combined with the various
trade specifications, a complete project manual is produced.
During the Construction Document Phase final cost studies shall be prepared. A detailed
opinion of construction cost shall be prepared at the point where final plans and
specifications are approximately 50% complete. Once construction documents have
almost been completed, a revised opinion of cost shall be prepared at the level of
approximately 90% completion. Allowable construction costs will be consistently
monitored during the entire process in order to minimize the possibility of requiring
major refinement or modification due to budgetary limits.
The following tasks are specifically proposed for the project:
1. Construction Drawings
Final construction drawings shall be prepared in order to describe and identify the
spaces, sizes, volume, and location in detail for the construction of the project.
2. Project Manual
A project manual shall be prepared to include all instructions to bidders, bidding forms,
general conditions, supplementary special conditions, and the construction trade
sections for the project. The project manual provides detailed technical information
pertaining to the administration of the contract for construction, materials and equipment
to be furnished, acceptable manufacturers, and the requirements for executing the work.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page A-4
3. Water Quality Management Plan
Prepare Water Quality Management Plan (WQMP) report and plans addressing how to
treat the post -construction stormwater runoff per City and County standard
requirements.
4. Storm Water Pollution Prevention Plan
Prepare a Storm Water Pollution Prevention Plan (SWPPP) and electronically file a
Notice of Intent (NOI) with the SWRCB SMARTS website in order to obtain a WDID
number.
5. Final Design Calculations
Final design calculations shall be prepared and submitted with the final plans and
specifications for review and approval by governing agencies having jurisdiction over
the project. Structural calculations, hydrology/drainage calculations, and
mechanical/electrical (Title 24 Energy Compliance) shall be completed during this
phase.
6. Opinion of Cost
A detailed opinion of construction costs shall be prepared at the point where plans and
specifications are approximately 50% complete. A second cost opinion shall be prepared
at the 90% completion point in order to address any refinement or modification occurring
during the preparation of the construction documents. The cost opinion shall be
prepared utilizing specific area and quantity take -offs applied to labor and material cost,
and shall include allowance for general conditions, Contractor's profit and overhead, and
contingencies.
7. Final Plan Check
All final plans, specifications, and supporting calculations shall be submitted to
appropriate agencies having jurisdiction over the project. The final construction
documents shall be revised and amended in order to reflect any plan check
requirements, and at this time, construction documents will be ready for competitive
bidding.
8. Temporary Fire Station
We will prepare a site plan and utility coordination drawing for the temporary Fire Station
required during construction.
D. Bidding Phase
During the Bidding Phase, the Architect shall provide administrative support services to
assist the City in obtaining competitive bids for the proposed project. Notices Inviting
Bids shall be distributed to local construction plan rooms. The Architect shall respond to
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page A-5
any questions, clarifications, or conflicts which may arise in the form of written addenda
to the contract documents. At this time, requests for substitutions may be considered if
allowed by the contract documents. The Architect shall assist the City with an evaluation
of the bids received and make a recommendation for award of the contract for
construction.
The following services for the Bidding Phase of the project are proposed:
1. Bidding Procedures and Administration
The Architect shall assist the City with the Bidding Phase of the project. Questions,
clarifications, or conflicts arising out of the bidding process will be resolved by addenda
prepared by the Architect. Addenda to the contract for construction shall be prepared in
writing to document any clarification or modification made to the contract documents.
2. Evaluation of Bid Proposals
Upon receipt of all bid proposals, a review and evaluation shall be conducted by the
Architect. The completeness of each bid proposal shall be evaluated whenever
consideration exists to award to the proposing contracting entity. The completeness of
the bid proposal, proposed subcontractors, affidavit of signature and other special bid
proposal requirements shall be reviewed by both the City and the Architect.
3. Notice to Award Construction Contract
Upon the completed review of appropriate bid proposals, the Architect shall provide a
recommendation for consideration regarding the potential award of the contract for
construction.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page A-6
EXHIBIT B
SCHEDULE OF BILLING RATES
Fire Station No. 2 Architectural/Engineering Design Services
WLC Architects, Inc.
A. Fee
Fee will be a fixed lump sum and includes the following disciplines:
• Civil Engineering
• Architectural Design
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
• Geotechnical Engineering
Environmental Engineering
Fee includes all on-site improvements, circulation areas, parking areas, and
landscaping. For the purposes of establishing a fee, Consultant has assumed a
station of approximately 10,500 square feet with a preliminary on-site construction
budget of $6,300,000.00.
A breakdown of our proposed fee is as follows:
Phase of Service
Fee
Schematic Design
$ 80,325.00
Hazardous Material Assessment
2,250.00
Geotechnical Investigation
13,000.00
Topographical and Boundary Survey
10,000.00
Environmental Services
48,150.00
Design Development
53,550.00
Construction Documents
267,750.00
Water Quality Management Plan
8,000.00
Hydrology Study/Calculations
3,000.00
Storm Water Pollution Prevention Plan
3,000.00
Bidding
26,775.00
SUBTOTAL BASIC ARCHITECTURAL FEE
$ 515,800.00
Reimbursable Allowance 10,000.00
TOTAL BASIC ARCHITECTURAL FEE $ 525,800.00
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page B-1
B. Reimbursables
Items required or requested by the City, Fire Department, or approving agency
will be invoiced as reimbursable without markup on monthly intervals.
Reimbursables generally include the following:
1. Bulk paper copy.
2. Photography.
3. Printing/Mylars.
4. Computer plotting.
5. Express or overnight mail/courier service.
C. Items Excluded
The following is a list of items which are excluded from the 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. Archaeology Studies.
2. Traffic Signalization.
3. Noise/Traffic/Acoustical studies.
4. Utility or Street Improvements within the public right-of-way.
5. Construction Surveying/Staking.
6. Plan Check/Permit/Purveyor Fees.
7. Professionally Constructed Building Models or renderings.
8. Title Reports and Reference Deeds.
9. Parcel Map/Lot Line Adjustment/Lot Merger.
10. Record of Survey Map.
11. LEED Certification.
12. Energy Modeling.
13. Conformed Documents.
14. Shoring Design.
15. Arborist/Biologist Reports.
16. Cone Penetration Testing.
17. Commissioning.
18. Hydrology Studies/Hydrology Calculations
19. QSP services during construction.
20. QSD services during construction.
21. Radius maps, mailing lists and public hearing signage.
22. Traffic control plans.
23. Easements/Grants/Quitclaim Deeds.
24. Construction Administration Services.
25. Baseline Environmental Screening.
26. Corrosive Soils Analysis.
27. Private Utility Locator.
28. Foundation System: Our fee assumes typical spread footings in average soils
conditions. Any other type of foundation system required as a result of poor
soil conditions would not be considered within our scope of work.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page B-2
D. Hourly Rate Schedule
Por odd lt'onal services. the following hourly rote: are proposed for the basis of negotlating
scoce modifications r.h�ch maybe necessary for the project. Hourly rates include mark-up
that -,N 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
Associate PrincipaIlDfrector
Asseciat -/Coordinator
Senior Project Architect
Sen«or Project Manager
Project Architect
Prcject Paanager
Technical Level I
Technical Level II
-echnir_al Support
CIVIL ENGINEER
Principal Civil Engineer
Principal Land Surveyor
Project Eng'neer
Project fAanager
Engineering Design
Design Draftsman
Draftsman
Technical Support
STRUCTURAL ENGINEER
Principal Eng'neer
Project Engineer
Chief Draftsman
Draftsman
Technical Support
ELECTRICAL ENGINEER
Principal
Project f.lonager
Project Engineer
Design Engineer
Designer/C.A.DD Technician
Jr. Designer'cADD Technician
CADD Technical/Drafter
Technical Support
$220.00
$200.00
$200.00
$180.00
$180.00
$150.00
$150.00
$100.00
$100.00
$ 80.00
$1 10.00
$ 85.00
$ 85.00
$ 55.00
$ 55.00
$ 50.00
$ 45.00
$ 20.00
$175.00
$150.00
$110.00
$ °0.00
$ 75.U0
$175.00
$135.00
$125.00
$ 95.00
$ 00.00
$ 80.00
$ 70.00
$ 50.0+
MECHANICAL ENGINEER
Principal
Associate Princ'pal
Senior Project Manager
Project Manager
Senior Project Engineer
Project Engineer
Senior Design Engineer
Design Engineer
Senior Designer
(Designer
CAD Designer
CAD Technician
Administrative
Word Processor
LANDSCAPE ARCHITECT
Principal Architect
Associate Architect
Architect/Project Manager
Job CaptainiDesigner
CARD Technician
Draftsperson
Word Procersor
ENVIRONMENTAL
Ser'or Regulatory Specialist
Regulatory Specialist
Senior Project Manager
Senior Planner
Environmental Staff
Technical Support
3'5.00
5205.00
$105.00
S185.00
$170.00
$1.50.00
$135.00
$125.00
$115.00
S105,00
$100.00
5 80.00
$ 75.00
$ 05.00
$165.00
$ i :40.00
$125.00
$110.00
$ 05.00
5 80.00
$ 65-.00
$1'+0.00
$150.00
$150.00
$ i 50.00
$120.00
7?.00
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page B-3
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 l-ang/Christopher Architects, Inc. DBA WLC Architects, Inc. 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
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page C-2
Agreement. 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. 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.
D. 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.
E. 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-
insurance will not be considered to comply with these requirements unless
approved by City.
F. 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.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, 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.
Wolff/Lang/Christopher Architects, Inc. DBA WLC Architects, Inc. Page C-3
H. 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, Inc. DBA WLC Architects, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 11/17/16 Dept./Contact Received From: Raymund
Date Completed: 11/17/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: WLC Architects/Fire Station No. 2
Type of contract:
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A. INSURANCE COMPANY: Travelers Property Casualty Company of America
B. AM BEST RATING (A-: VII or greater): A++:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
0 Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 4/1/16-4/1/16 CARRIER: BERKLEY INSURANCE CO
RATING: A+: XV ADMITTED LIMIT: 2M/4M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved: aAlt
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
11/1
Date
® N/A ❑ Yes ❑ No
2 N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.