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Home My WebLink AboutC-2778(A) - Central Library Architectural Servicesa. .' .ax.:wwuuvsa : . CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DEALEV , RENTON ✓Z ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. BOX 12675 POLICIES BELOW. OAKLAND, CA 94604 -2875 COMPANIESAFFORDNGCOVERAGE ATT: DAVID ECKMAWFAX 452 -2193 510- 465 -3000 A' A W HAMPSHIRE INSURANCE B TIE' RELIANCE INS. CO. OF ILLINOIS SIMON MARTIN VEGUE WINKELSTEIN COAPAANY C MORIS, ARCH. Ft INT. DESIGN LETTER 501 SECOND STREET, SUITE 701 SEOFEARw D SAN FRANCISCO, CA 94107 E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED. NOT WIT FIST ANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLMENT WITH RESPECT TO W RICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT Aft THE INSURANCE AFFORDED BY 7 H POLICES DESCRIBED HEREIN IS SUBJEC7 TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHOW NMAY HAVE BEEN REDUCED BY PAID CLAMS. 00 LTI TVP W§dPINAWt POLIDYIULRER PeLIDYVrEITNIT 1`01.10YO01RAT LIMrM DATE(MAMOO /YY) DATE(MWMIYY) OGIUAL LIABILITY KNERAI ABBREBATE t 2,000,000 X PRODUCTS- COMPIOPASS. t 1,000,000 A COMMERCIAL 6EWRAL LIABILITY CAP 608- 73 -19 -01 3106195 3108196 CLAIMS MADE O OCCUR. PERSOML A AD/. INJURY { lmmpo EACH DCCURREHCE { i.000,000 OWNER'S A CONTRACTOR'S MT. TIRE BAMAR (Awl we fire) S MID. EXPENSE (Awl Mm pffm { MWIAMILE LIABILITY COMBINED SINGLE A ANY AUTO CAP 608- 73 -19 -01 3106195 3106196 '"1 1,000,000 BODILY INJLWY i ALL DWHED AUTOS SCHEDULED AUTOS (Per Persoel BODILY [NAIIN' { MIRED AUTOS X NDN-DWNEB AUTOS (Per newartl PROPERTY 0"51 i 6ARM LIABILITY EXUMLIABLITr EACH OCCURRENCE { ABONGATE i UTABREUA TRIM ROWER ........... ............................... THAN WEIRELEA TOM WORQA'a DOMP04ATIM STATUTDRY LIMITS EACH ACCIMNY t AIR DISEASE - POLICY IOAT { EMPLOYER!' LIMLITV pSFASE -EACH OL7PLDYEF t oTNER B PROFESSIONAL NPCO121330 -00 3/26/95 3/26/96 51,000,000 PER LIABILITY CLAIM AND ANNUAL acteaaTRIY Or aPEIArIWRL00Ar10NRVD110LlfLAPRALAL FIRMS '.F`i..M by 1 .vM .TP .' pF. / T�dY. :e�0 .'��R.Y ". •. - a�b` �: .� irii5'Yn{Jl 5 •• SHOULDANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE a. EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO sR MAIL 30 DAYSWRITTENNOTICETOTI iECERTIFICATEHOLDERNAMEDTOTHE City Of Newport Beach LEFT. BUT FALURE TO MAL SUCH NOTICE SHALL MPOSE NO OBLIGATION OR Attn.: Robert Wynn LIABLITYOF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. City Manager AUTNORMW RE1MIPMHATME U1 hY C 3300 Newport Boulevard 9 8000 New ort Beach CA 92663 ° SY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DEALEY, RENTON 6: ASSOC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 12575 POLICIES BELOW. COMPANIES AFFORDING COVERAGE Oakland CA 94604 -2675 ATTN.: Fred Godfrey COMPANY LEVER A De i n Professionals Ins o 510 -465 -3090 COMPANY LETTER B PURPRED Simon Martin —Vague Winkelstein Marls, Arch. B Int. Design COMPANY C LETTER COWAW D LETTER 501 Second Street, Suits 701 San Francisco CA 94107 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT ION OF ANY CONTRACT OR O THER DOCLMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LMITS SHO W NMAY HAVE BEEN REDUCED BY PAD CLAMS. W L TYKOP MORGN= POLICY NUMBER POLICY@YMM 0AT!(MM /OD /VV) POLICY�aIAT aN[(MY /OD /YV) LLIALra GENERAL LIMILIT I GENERAL AGGREGATE f PRODUCTS-COMP /OP AGO. { CO.MERCIAL GENERAL LIABILITY CLAMS MADE F—] OCCUR. PERSONAL s ADY. INJURY { EACH OCCURRENCE i OWNER'S 6 CONTRACTOR'S PROT. FIRE DAMAGE (Any one lire) { MED. EXPENSE (AaY one Person t AurequouLz LMBLRY ANY AUTO COdGINED SINGLE LNAT { BODILY INJURY (Per peraool i ALL OWNED AU70S SCHEDULED AUTOS BODILY INJURY { HIRED AUTOS NOWOWNED AUTOS (Per accide.0 PROPERTY DAMAGE f GARAGE LIABILITY EXUMLMBLRY EACH OCCURRENCE { A66REGATE { IMORELLA FONA ................. .... ... ........... ....... OTHER IRAN LMBRELLA FORM RNRamPa oo*VVMArON STATUTORY MATS EACH ACCIDENT AND DISEASE - POLICY LNIT { tlaLOTaaa L1YLRY DISEASE-EACH fMPIU'Ff � A eTNSR PROFESSIONAL PL499641 3/26/92 3/25/93 51,000,000 per LIABILITY claim and annual GasO rlww OF OMATMMKWATYRaOMWLlaNMiAL alms WT(T.CffESS'O" :! 11.:::L1iY_OVi::_.'. �,TtSf:aazcc,STEILI;nnnlE TOTAL I'L`.'.'.N.ii: FC' = POLICY PERIOD FOJ ALL OPLDATIOL:S OE THE NAAED INSURED. SHOULD ANY OF T HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO City of Newport Beach ASS MAIL $0 DAYSWRITTENNOT)CE TO THECERTFICATE HOLDERNAMEDTO THE M LEFT. BUT FAILURE TO MAL SUCH NOTICE SHALL MPOSE NO OBLIGATION OR Attn.: Robert Wynn ^+ LIABILITY OF ANY KIND UPONTHE COMPANY, ITS AGENTSOR REPRESENT ATIVES. City Manager u3 3300 Ne maRm ANTOiY & i i T&3 wport Boulevard 189108000 Na ert Beach CA 92663 AGENCY NAME AND ADDRESS Professional Practice Insurance 483 Seaport Court, Suite 101 Port of Redwood City, CA 94063 INSUREDS NAME AND ADDRESS SIMON MARTIN -VEGUE WINKELSTEIN MORIS 501 2nd Street San Francisco, CA 94107 COMPANY AFFORDING COVERAGE A: TRANSAMERICA INSURANCE COMPANY B: CONTINENTAL CASUALTY INSURANCE COMPANY C: D: E: PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRRHENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN. TEE IHSURARCS AFPORDSD BY TUB POLICIES DESCRIBED SNEEIE IS SUBJECT TO ALL THE THEME, ZXCI JSIONS. CONDITIONS OF SUCH P LICIBS. CO TYPE OF POLICY POLICY ALL LIMITS IN THOUSANDS LTF INSURANCE POLICY NUMBER EFF DATE EXP DATE GENERAL LIABILITY GENERAL AGGREGATE 2 000 PRODUCTS COMP /OPS [X] COMMERCIAL A GENERAL LIABILITY T +30377442 3/06/91 3/06/92 AGGREGATE $1,000 PERSONAL S ADVERTISIN [ ] CLAIMS MADE [X] OCCURRENCE INJURY $1,000 EACH OCCURRENCE $1,000 [ ] OTHER FIRE DAMAGE ANY ONE FIREI S 50 AUTOMOBILE LIABILITY CSL $1,000 * * * * * * * ** A [ ] ANY AUTO T +30377442 3/06/91 3/06/92 BI -PERSO * * * * * * * ** [ ] ALL OWNED AUTOS P OP DAM x * *xxxxxx [X] HIRED AUTOS xxx *xxxxxxxxxxxxxx *xxxxxxxxxxxxx X I NON OWNED AUTOS x *xxxxxxxxxxx *xxxxxxxxxx *xx *xxxx EXCESS LIABILITY * * * * * ** EACH [ ] UMBRELLA FORM * * * * * ** OCCURRENCE AGGREGATE OTHER FORM xxxxxxx WORKER'S COMPENSATION STATUTORY * * * * * * * * * * * * * ** EACH ACCIDENT AND DISEASE POLICY LIMIT EMPLOYER'S LIABILITY DISEASE RACE EMPLOYEE OTHER Professional B LiabilitV AAE6159285 2/25/911 2 25 92 $1.000 AGGREGATE DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS: _. All operations of the named insured including Newport Beach Library, Job #8928. General General Liability only: City of Newport Beach, its officers, employees, board of directors and commissioners are named as additional insureds but only as respects liability arising out of the named insured's operations. THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, EXCEPT IN THE EVENT OF CANCELLATION FOR NON - PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. THE CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Reach, CA 92663 Attn: Robert Wynn /City Manager DATE ISSUED: 4/04/91 107 �)941 „- aP vii" O aP CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS AMTTER OF INFORMATION ONLY AND IMWERS NO RIGHTS UPON THE CERTIFICATE HOLIER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED B_ Professional-Practice -Insu ante- -- 483 Seaport Court, Suite 101 Port of Redwood Citv, CA 94063 SIMON MARTIN -VEGIE WINK 501 Second Street San Francisco, CA 94107 COMPANY AFFORDING COVERAGE ` �� :, A; .. TRANSAMERICA _INSURANCE OCHP , r � B: CONTINENTAL CASUALTY KRIS 1 C: D: INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. RECEIVED ct THSTANDING ANY REQUIREMENT, TERM TO WHICH THIS CERTIFICATE MAY Br' DESCRIBED HEREIN IS SUBJECT 'I'C) DESCRIPTION OF OPERATIONS /LOCATICNS /VEIiICLES /RESTRICTIONS /SPECIAL ITEMS: All operations of the named insured including Newport Beach L.iabrary, job #8928. General Liability only: The City of Newport Beach, its officers, eaployees, board of directors and om nissioners are named as additional insured but only as respects liability arising out of :,:.a named insured's operations. THE AGATE LIMIT IS THE TO'T'AL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY EX )it ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE FOLDER, EXCEPT IN THE EVENT OF CASE 10 DAYS NOTICE WILL BE GIVEN. CERTIFICATE HOLDER CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach , CA 92663 Attention: Robert Wynn/City Manager CANCELLATION FOR NON- PAYMENT OF PREMIUM IN WHICH DATE ISSUED: 6/4/90 _ ill j � ,��. POLICY POLICY CO TYPE OF EFFECTIVE EXPIRATION ALL LIMITS IN THOUSANDS LTR INSURANCE POLICY NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE [X) COMMERCIAL PRODUCTS CCMP/OPS C04ERAL LIABILITY AGGREGATE $1,000 A [ ] CLAIMS MADE T+30377442 3/6/90 3/6/91 PERSONAL & ADVERTISING [X] OCCURRENCE INJURY $1,000 [ ] OTHER EACH OCCURRENCE $1,000 FIRE DAMAGE ANY ONE FIRE $ 50 AUTOMOBILE LIABILITY CSL 1 000 [ ] ANY AUTO BI- PERSON S A [ ] ALL OWNED AUTOS T+30377442 3/6/90 3/6/91 PROP DAM $ [x] HIRED AUTOS * * * * * * * * * * * * * * * * * * * * * * * * * * * *rx >* fxJ NON OWNED AUTOS EXCESS LIABILITY * * * * * * ** EACH - [ ) UMBRELLA FORM * * * * * * ** OCCURRENCE AGGREGAI'r. OTHER FORM * * * * * * ** WORKER'S CU4PENSATION STATUTORY AND $ (EACH ACCIDENT) - EMPLOYER'S LIABILITY $ (DISEASE POLICY LIMIT DISEASE EACH EMPLOY�:.V C OTHER Professional Liability AAE6169285 2/25/90 2/25/91 1$1,000 AGGREGATE DESCRIPTION OF OPERATIONS /LOCATICNS /VEIiICLES /RESTRICTIONS /SPECIAL ITEMS: All operations of the named insured including Newport Beach L.iabrary, job #8928. General Liability only: The City of Newport Beach, its officers, eaployees, board of directors and om nissioners are named as additional insured but only as respects liability arising out of :,:.a named insured's operations. THE AGATE LIMIT IS THE TO'T'AL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY EX )it ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE FOLDER, EXCEPT IN THE EVENT OF CASE 10 DAYS NOTICE WILL BE GIVEN. CERTIFICATE HOLDER CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach , CA 92663 Attention: Robert Wynn/City Manager CANCELLATION FOR NON- PAYMENT OF PREMIUM IN WHICH DATE ISSUED: 6/4/90 _ ill j � ,��. • 4. 0 MAR 2 2 Iii March 22, 1993 CITY COUNCIL AGENDA ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department 00 SUBJECT: CENTRAL LIBRARY ARCHITECTURAL SERVICES AGREEMENT C'- RECOMMENDATION: Approve additional architectural services for Central Library architect Simon Martin -Vegue Winkelstein Moris (SMWM). Total additional compensation for the additional services shall not exceed $120,000. DISCUSSION: An Agreement was entered into with SMWM on July 17, 1990 to provide architectural services for the new Central Library. During the design and construction, additional services have been required including the following: 1. Square footage enlargement 2. Addition of parking on east side of building 3. Revisions of exterior design necessitated by The Irvine Company review 4. Revisions to accommodate American with Disabilities Act 5. Addition of light sensors and time clock to achieve energy savings required by Southern California Edison grant 6. Addition of design of major storm drain that crosses site 7. Addition of secondary donor wall and commemorative plaque 8. Donor wall 9. Flagpole and Courtyard electrical outlets 10. Furniture plan revisions li. Revisions to electrical plans to accommodate . furniture plan changes 12. Inspection of slate at quarry 13. Electrical panel revisions 14. Allowance for anticipated additional services through end of construction $14,000 11,770 29,000 4,900 3,500 14,220 4,050 7,567 2,460 2,000 3,700 5,576 3,322 14,000 0 0 Subject: Central Library Architectural Agreement March 22, 1993 Page 2 Section IV of the agreement requires compensation for additional services. These additional services are to be compensated on the basis of a negotiated fee or at the standard hourly rates which are included in the agreement. Although the amount of each of the additional services is less than $30,000, the agreement requires City Council approval when the total compensation for the additional services exceeds $30,000. It is estimated that the total cost of the additional services to date and expected by the end of the project will total $120,000. Approximately $90,000 of the amount is included in the current budget in Account No. 7025 - 98400004. The remainder of the required funds are included in a 1993 -94 budget request since these funds will not be needed until the next budget year. Benjamin B. Public Work s DCS:so Q Nolan Director • • Is W) e._ CITY Of NEWPOHi6EACH March 8, 1993 • MAR $19M CITY COUNCIL AGENDA ITEM NO. 4 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CENTRAL LIBRARY ARCHITECTURAL SERVICES AGREEMENT C- 2770'(1) RECOMMENDATION: Approve additional architectural services for Central Library architect Simon Martin -Vogue Winkelstein Norio (SMWM). Total additional compensation for the additional services shall not exceed $120,000. DISCUSSION: An Agreement was entered into with SMWM on July 17, 1990 to provide architectural services for the new Central Library. During the design and construction, additional services • have been required including the following: 1. Square footage enlargement. 2. Addition of parking on east side of building. 3. Revisions of exterior design necessitated by The Irvine Company review. 4. Revisions to accommodate American with Disabilities Act. 5. Addition of light sensors and time clock to achieve energy savings required by Southern California Edison grant. 6. Addition of design of major storm drain that crosses site. 7. Addition of secondary donor wall. 8. Donor wall. 9. Flagpole and Courtyard electrical outlets. 10. Furniture plan revisions. 11. Substitution reviews. (Cost will be deducted from Contractors payments.) 12. Revisions to electrical plans to accommodate • furniture plan changes. Section IV of the agreement requires compensation for additional services. These additional services are to be compensated on the basis of a negotiated fee or at the standard hourly rates which are included in the agreement. Subject: Central Library Architectural Agreement March 8, 1993 Page 2 Although the amount of each of the additional services is less than $30,000, the agreement requires City Council approval when the total compensation for the additional services exceeds $30,000. It is estimated that the total cost of the additional services to date and expected by the end of the project will total $120,000. Approximately $90,000 of the amount is included in the current budget in Account No. 7025 - 98400004. The remainder of the required funds are included in a 1993 -94 budget request since these funds will not be needed until the next budget year. av;O�, 6J, ?4-4 Benjamin B. Nolan Public Works Director DCS:so • • 6 }991 TO: City Council FROM: Public Works Department a August 26, 1991 CITY COUNCIL AGENDA ITEM NO. F -12 SUBJECT: CENTRAL LIBRARY CONTRACTORS PREQUALIFICATION (C -2778 M) TIONS: 1. Approve prequalification of General Contractors for the Central Library project and the Prequalification Statement. 2. Authorize the Public Works Director to advertise for Prequalification Statements to be received October 2, 1991. 3. Establish an appeals board consisting of the Director of Public Works, Director of Building and Safety and the Director of Finance. DISCUSSION: It is planned to advertise for construction of the Central Library in about four months. In order to reduce the risk of ending up with a low quality contractor, it is recommended that a prequalification procedure be used. This procedure was used with success by the City of Irvine for the City Hall, and by the City of Santa Ana for the Bowers Museum expansion. While the procedure does not eliminate all potential problems during construction, it at least assures the City of obtaining a contractor with proven ability to complete projects the size and scope of the Library. The City Attorney feels the City has the legal authority to pre - qualify contractors prior to bidding provided all bidders are qualified who are responsible and that the process is not used to determine relative superiority. The City Attorney also recommends that an appeals process be provided that gives an evidentiary hearing to any disqualified contractor. The Prequalification Notice and the Statement are attached. The completed statements will be reviewed by a three member committee consisting of the Project Manager, a representative of the Architect, and the Public Works Design Engineer. Any Contractor disqualified by the committee will be given the reasons and notified of the appeals procedures. 0 Subject: Central Library Prequalification (C -2778) August 26, 1991 Page 2 Contractor qualifications will be evaluated based on the following categories: 1. Completeness of Statement 2. organization 3. Years experience 4. Type of contracting license 5. Construction experience on similar type projects 6. Claims history 7. Failure to complete any contract 8. Ability to meet bonding requirements 9. Stop Notice history 10. Litigation history 11. Financial Statement It is further recommended that an appeals board be established consisting of the Director of Public Works, Director of Building and Safety and the Director of Finance. The board would hear appeals requested by Contractors who were deemed "not qualified" by the review committee. a. P44 Benjamin B. Nolan Public Works Director DCS:so Attachments • CITY OF NEWPORT BEACH • NOTICE INVITING CONTRACTOR PREOUALIFICATION STATEMENT NOTICE IS HEREBY GIVEN that Contractor Prequalification Statements will be received by the City of Newport Beach, California for qualification to bid on construction of the Central Library. Contractor Prequalification Statement Forms are on file at the office of the Public Works Director. Only prequalified bidders will be eligible to bid on the construction project. Subcontractors are not required to be pre - qualified. DATE OF SUBMITTAL: Contractor Prequalification Statements will be received at the Office of the Director of Public Works until 5:00 P.M. on October 2, 1991. Contractor Prequalification Statements shall be submitted in sealed envelopes marked on the outside, "Contractor Prequalification Statement, Central Library." LOCATION OF THE PROJECT: The Construction Project will be located in the City of Newport Beach, County of Orange at 1000 Avocado Avenue. DESCRIPTION OF THE PROJECT: The Construction Project will consist of: 1. Constructing a 52,000 square foot Central Library of Type -2 construction including on -grade parking and site grading and landscaping. 2. Construction is anticipated to commence February, 1992, completing approximately 18 months later. 3. Estimated construction cost is $7.0 million. 4. General contractor will be required to possess a Class -B license at the time of bid submittal. SELECTION PROCEDURE: The City of Newport Beach reserves the right, after reviewing the Contractor Prequalification Statements, to reject any and all Statements, to waive any informality in the Statements, and to invite qualified general contractors to submit bids for the Construction Project. CONTRACTOR PREOUALIFICATION PROCEDURES: Contractor Prequalification Statement forms are available at the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA. Statement forms will be mailed upon request no later than five (5) calendar days prior to the date set for submittal. PROJECT ADMINISTRATION: All questions relative to this project shall be directed to: Donald C. Simpson Project Manager (714) 644 -3311 Given by authorization of the City Council of the City of Newport Beach. Date: Published: i •PREOUALIFICATION STATEMEN� CENTRAL LIBRARY CITY OF NEWPORT BEACH, CALIFORNIA The undersigned certifies under oath that all statements, answers to questions, and other information submitted with this prequalification statement or in response thereto are true and correct. NAME Corporation (Name must correspond with Contractor's Partnership License in every detail) Individual Joint Venture Principal Office Other (Please Specify: (Street & P.O. Box) (City) (State) (Zip) ) Telephone ( ) DO NOT REVISE FORMAT OF THIS STATEMENT. Additional pages may be attached if required. Attach any brochures or supplemental information as a separate package. 1. A. How many years has your organization been in business as a General Contractor? As a Subcontractor? B. C. (1) How many years has your organization been in business as a contractor under its present business name and license number? (2) Under what other or former names or license numbers has your organization operated? (3) Has your firm (under its present name or any other name) or any of its principals ever petitioned for bankruptcy? If yes, give date(s) and name firm and /or principal List any subsidiary or affiliated companies 3 of 2. LICENSE Each prospective bidder must be licensed as a contractor to do business in California and must submit the following information: A. Class, license number, issuance and expiration date of licenses currently possessed. Date issued: Expiration date: License Number Class B. Classification (type) of specialty contractor license (if any) 3. SURETY A. Indicate below the names of all surety companies utilized by bidder in the last five years. State whether the surety had to complete any part of bidder's work during past five years. Surety Name Address Period Jobs Covered Surety Completed Surety Name Address Jobs Covered Surety Completed Surety Name Address Period Jobs Covered Surety Completed Has your firm (or its predecessor firm or organization) or any of its principals defaulted so as to cause loss to a surety? B. Attach a notarized statement from surety or sureties proposed to be utilized on the Central Library project, certifying that (1) bidder's currently available bonding capacity exceeds $7,000,000.00 and (2) surety(ies) will provide bonding of the Central Library project in the event that bidder is awarded project. Bonds must be issued by insurance companies which are rated A or better in the Best Rating Guide, the Key Rating Guide or listed in the Federal Register. 2 4. CONSTRUCTION EXPERIENCE A. Complete Form 5A for contracts completed in the past five (5) years for which construction costs were more than $4,000,000.00. Provide the following information for each contract on the attached form. Copy additional Form 5A's as required. 1. Contract name and location. 2. Name, address and telephone number for owner and architect. 3. Base contract amount, number of calendar days for base contract, and contract form (i.e., lump sum, negotiated, etc.). 4. Final contract amount (base plus change orders) and total contract calendar days. Indicate number of days in liquidated damages. If none, then enter "None." 5. Specific type of facility (i.e., transportation center, park building, maintenance facility, library, commercial office, commercial retail, etc.) and list approximate gross square footage (GSF). 6. Specify nature of work your firm actually performed. B. Complete Form 5A for contracts currently active which exceed $4,000,000. Provide information specified above, recognizing that final contract amounts etc. will not yet be available. 3 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. CONTRACTS FOR THE PAST FIVE YEARS IN EXCESS OF $4 MILLION CONTRACT NAME FORM 5A 1 OF 2 CASo !g'.7_.LWimm. om COMPLETE ATTACHED DETAIL SHEET FOR EACH CONTRACT LISTED 4 FORM 5A 2 OF 2 CONTRACTS FOR THE PAST FIVE (5) YEARS IN EXCESS OF $4 MILLION Contract Name Location Owner Type of Contract Facility GSF Architect Base Contract Amount Final Contract Amount Initial Contract with change orders Time in Days Time extension in days No. of days liquid- Date completed ated damages assessed Owner Contact Contact Telephone No. Nature of work actually performed: 5 i • C. Indicate below all contracts or portions of any such contracts with construction costs in excess of $100,000.00 which have been terminated by the owner or your firm, and which required completion by another party in the last five (5) years. State the contract name, location, owner with address and phone number, contract amount and reason for termination. If none, then enter "NONE." Contract Name Location Owner Reason for Termination Contract Name Location Contract Amount Disputed Amount Contract Amount Reason for Termination Disputed Amount Contract Name Location Owner Contract Amount Reason for Termination v Disputed Amount n U D. What is the construction experience of the principal individuals of your present organization? Name Present Position/ Years of Construction Office Experience related to this Project Scope and Type of Work Name Present Position/ Years of Construction Office Experience related to this Project Scope and Type of Work Name Present Position/ Years of Construction Office Experience related to this Project Scope and Type of Work Name Present Position/ Years of Construction Office Experience related to this Project Scope and Type of Work E. Have you been in litigation on a question relating to your performance on a contract during the past five years? If yes, explain (include date, by whom, how resolved, why filed, etc.) 7 F. Explain any Stop Notices filed against you in the past 3 years. Date By whom How resolved Why filed Date By whom How resolved Why filed Date By whom How resolved Why filed Date By whom How resolved Why filed Date By whom How resolved Why filed Date By whom How resolved Why filed 5. STAFF ROSTER /FUNCTIONS List members of your project management and field staff including company officers (except clerical) that would be potentially assigned to work on this project and show their job titles /functions /years with the firm /years experience in same capacity. Name Function Years Years Total w /firm Experience Name Function Years Years Total w /firm Experience Name Function Years Years Total w /firm Experience Name Function Years Years Total w /firm Experience 11 6. CLAIMS HISTORY Indicate below all claims in the last five (5) years arising out of specific contracts listed in Section 5A above. Summary shall include all claims by owner against bidder or bidder against owner. Indicate final status of each claim. (Attach separate sheet, if necessary.) Failure to include information regarding claims on any contract undertaken in the past five years may result in disqualification. Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name Amount of Claim Nature of Claim Final Status Amount of Claim Nature of Claim Final Status Amount of Claim Nature of Claim Final Status Amount of Claim Nature of Claim Final 1 Status Amount of Claim Nature of Claim Amount of Claim Nature of Claim Final Status Final 1 Status Amount of Claim Nature of Claim Final 1 Status Amount of Claim Nature of Claim Final Status Amount of Claim Nature of Claim Final Status Amount of Claim Nature of Clam Final Status 0 7. 1. 2. 3. 4. 5. • SUBCONTRACTORS A. Indicate below the type of work normally performed using your own force and indicate the percentage of work that is typically subcontracted. Work Performed Percent Subcontracted B. List ten (10) subcontractors with whom you have worked in the last two (2) years. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. 10 A N 7. s. 9. 10. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. Company Name Address Contact Name Telephone No. 11 • A. Attach a current financial statement, preferably audited. Contractor's financial statement shall include its latest balance sheet and a profit and loss statement prepared by a CPA or a public accountant. Submit under separate cover marked confidential, if necessary. A current Dunn & Bradstreet report may be submitted in place of the financial statement. B. Is this financial statement for the identical organization named on Page 1 If no, indicate the relationship and financial responsibility of the organization whose financial statement is supplied (e.g. parent of subsidiary). C. List and explain all contingent liabilities (continue on separate sheet if necessary) D. Name, address and telephone number of bank Total Line of Credit How secured Interest rate How much of your Line of Credit is currently available? 61 Name of Loan Officer List additional banks with above information on separate sheets, as necessary. 12 9. 10. Prequalification Statements will be evaluated by a three member committee. Qualification will be determined considering the following categories: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Completeness of Prequalification Statement Organization Years experience Type of contracting license Construction experience Claims history Failure to complete any Ability to meet bonding Stop Notice history Litigation history Financial Statement on similar type projects contract requirement Any Contractor that the Committee determines is not qualified to submit a bid for the project will be so notified and the reasons set forth. Decisions of the Committee may be appealed to the City's Hearing Board which has been established for this purpose. An appeal must be filed with the Public Works Director within 10 days after receipt of notification by the Committee. Upon completion of the evaluation of the Prequalification Statements, the qualified contractors will be notified. After the City Council authorizes advertising for bids for the Library project, invitations to submit bids will only be sent to contractors on the qualified list. CONFIDENTIALITY All information submitted for Prequalification evaluation will be considered official information acquired in confidence and the City will maintain its confidentiality to the extend permitted by law. 13 AFFIDAVIT Dated at City State this day of 1991. Name of Organization Principal Office By (Signature of Authorized Company Officer) Title being duly sworn (Name of Company Officer) deposes and says that he /she is the (Title) of Contractor(s), and that (Company Name) answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 1991. (SEAL) NOTE: STATEMENT WILL BE RETURNED UNLESS AFFIDAVIT IS COMPLETE AND NOTARIZED. 14 �,. NEWPORT BEACH PUBLIC LIBRARY � m . 856 SAN CLEMENTE DRIVE . NEWPORT BEACH, CA 92660 • (714) 644•3177 ` h V S 9F�Fp RR July 8, 1 CITY COUNCIL AGENDA ITEM NO. J =1 TO: Honorable Mayor & Members of City Council BY THE CITYCOUn;ci! —� CRY OF NEWPORTBEA H FROM: Library Board of Trustees SUBJECT: CENTRAL LIBRARY DESIGN DEVELOPMENT (C -2778) Approve the Design Development Plan for the Central Library as submitted subject to approval by The Irvine Company DISCUSSION: • The Design Development Plan for the Central Library has been completed by the City's Architect, Simon, Martin - Vegue, Winkelstein and Moris of San Francisco. Reduced copies of the plan are attached and include a site plan, floor plans and elevations. The plan was discussed at the Council's April 22, 1991, Study Session. The agreement with the Architect provides for the Council to approve the Design Development Plan before proceeding with the final construction plans for the project. The plan as submitted conforms to the adopted Library Building Program and has been approved by the Board of Library Trustees. Since the approval of the schematic plan, the Library Foundation has increased their commitment from $1 million to $1.113 million. The increased funds will be used to enlarge the meeting room and quiet reading room. The enlarged plan is for a two story structure containing approximately 52,000 square feet. The Architect's estimated cost is $7,384,764 compared to an authorized budget of $7.113 million. The estimate includes a contingency and • inflation allowance of 13 %. Since the estimated cost exceeds the budget by $271,764, or 3.8 %, it is proposed to provide for deductive items in addition to the base bid. Some of the deductive items that may be considered include the following: 1. Change the slate flooring at entry and stairs 2. Delete shades and blinds 3. Delete 216" slate base at exterior walls 4. Reduce grade of carpet 5. Reduce size of plant material 6. Reduce cost of lighting fixtures • 0 M Subject: Central Library Design Development Plan July 8, 1991 Page 2 The total estimated cost of the above deductive items is $276,059 which would reduce the cost to below the budgeted amount. It is hoped that the bidding climate will still be favorable and that the actual bid cost without deductive items will not exceed the budget. If however, the actual bids do exceed the budget, then by deleting one or more of the items listed above, the bid can be brought within the available funds. During the preparation of the final construction documents the architect will be directed to develop additional deductive items for consideration. The intent of the deductive items will be to minimize adverse impacts on the approved building program. As provided for in the Land Exchange Agreement, the Design Development Plan has also been submitted to The Irvine Company for review and approval. • Liaison has been maintained with the Harbor View Hills Community Association. The project as proposed respects the established sight plane. The project seems to be favorably received. Charles Sword President, Library Board of Trustees DS: so Attachments • A r • lJ WOW! mm" /% u 1 • • ` _ J J r �(t p r ..r,.v'•" ° `1,1111 1 } 1 tt Jill ' l . { �rrF } Jim, 1 g7 � l IIIIIIIIIIIIiI� c) _'- j� �� 1e1''� DDDDDDDDDDD -�_ �3 3� 3S ��+ �i SS • • • i„ 1 IIIIIII IIIIIII )c ? J I�� DDDDDDDDDDD; 's i99 3 771 iL � � m NSF �[]+ � C7 .• C 0 a '1 t= 1 � A 1.1 ga q a 1 (Dl cl i i IIIII(.111!1111 DD s �� p DDDD DD DDD s s N � A i Q 1� C� � •1 fl P ' 9 LIP : v u : I r. 1. �a , i .. 1 t� r eD €D 0 a '1 t= 1 � A 1.1 ga q a 1 (Dl cl i i IIIII(.111!1111 DD s �� p DDDD DD DDD s s N � A i Q 1� C� � •1 fl P ' 9 LIP : v • e -1 t ar q �t DDDDDDDDDDD i+ W, p 1, Ir -1 t ar q �t DDDDDDDDDDD i+ W, p 1, r: • • 7y [j S s m o' - o' ' 3 1 m I{ y I n F f I I I 1 A I y I I a m m I I I t I I I I Q I � W� t F 8 � � s -------------- jail I I _ E: aE S ZI m I i I I I •i i DDDDDDDDDDD'� g ^.f I 1 �� ' ?S � ! 33$ - III Ij f �� _ � °�,►;(`��E't1 ii��{f�� 6 ��;�� ,�(s €� � • • • o x m r m H 0 z x m i 'o z Y' a Y G; �S ti f3 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR 7 J 1 / 'P FROM: CITY CLERK DATE: July 19, 1990 SUBJECT: Contract No. -e- 282-1— C- 2-779(A) Description of Contract Central Library Architectural Agreement Effective date of Contract July 17, 1990 Authorized by Minute Action, approved on June 11, 1990 Contract with Peter Winkelstein Address Simon Martin -Veeue Winkelstein Moris 501 - 2nd Street San Francisco, CA 94107 Amount of Contract (See Agreement) "W� s 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • • TO: City Council FROM: Public Works Department SUBJECT: CENTRAL LIBRARY ARCHITECTURAL AGREEMENT C - Z77f(A) RECOMMENDATIONS: May 14, 1990 COUNCILA NO. A NK11 1. Approve architectural agreement with Simon Martin - Vegue Winkelstein and authorize Mayor and City Clerk to execute agreement. 2. Approve budget amendment to fund architectural agreement and project management for the Library project. DISCUSSION: In accordance with the Council's action on November 27, 1989, an architectural agreement for the design of the Central Library in Newport Center has been prepared with the firm of Simon Martin - Vegue Winkelstein. The agreement was reviewed and approved by the Library Board at their January 11th meeting. The proposed agreement provides that the building area will be approximately 50,000 square feet and that the construction cost will not exceed $7,000,000. The construction cost includes on -site landscaping and parking improvements and a 13% allowance for contingencies and inflation estimated to the mid -point of construction (approximately September 1, 1991). The agreement provides for the architectural service to be furnished in the following phases: 1. Schematic Design 2. Design Development 3. Construction Documents 4. Construction If the cost estimates that are required during the Schematic Design or Design Development phases or the bid that is received at the conclusion of the construction document phase exceeds the $7,000,000 budget, then the architect will be required to redesign the project and /or revise the construction documents as necessary to conform the project to the budget without any increase in fees. (sz N) _2 a�_ w I -" - -QS U • u • • Subject: Central Library Architectural Agreement May 14, 1990 Page 2 The agreement provides for a maximum fee, including reimbursables of $786,730. The agreement also allows the City to terminate the agreement at the conclusion of the Schematic Design Phase or Design Development Phase if estimated construction costs exceed the project budget, and the City determines that any reduction to, or revisions in the project is either unlikely to bring construction costs into conformance with the budget or will render the project unsuitable for its needs. In addition, the City may terminate the agreement without cause by giving the Architect ten (10) days written notice. The agreement includes the following Project Schedule: 1. Schematic Design Phase 3 months 2. Review Phase 1 month 3. Design Development Phase 3 months 4. Review Phase 1 month 5. Construction Document /Bid Phase 7 months 6. Final Review Phase 2 months 7. Contract Administration Phase 16 months A budget amendment will be required to fund the architectural agreement. In addition the budget amendment will need to include costs of other services to be provided by the City through the end of the 89 -90 fiscal year. The budget amendment includes the following: A. Architectural Services Fee 1. Basic Architectural 2. Mechanical & Plumbing 3. Electrical 4. Structural 5. Interior Design 6. Misc. (Acoustical, Roofing and Lighting) 7. Cost Estimator Subtotal $433,285 32,550 40,320 58,800 63,000 14,000 26.775 $668,730 B. Additional Consultants (Subconsultants to Architect) 1. Civil Engineer $ 33,000 2. Landscape Architect 17,000 Subtotal $ 50,000 Subject: Central Library Architectural Agreement May 14, 1990 Page 3 • C. Architectural Reimbursable Expenses D. Geotechnical Services (Retained by City) E. Parcel Map and Additional Surveys (Retained by City) F. Project Management (Retained by City) G. Contingencies Total budget amendment 10,000 16,000 5,000 $827,730 The budget amendment will appropriate funds from unappropriated reserves to the General Fund. Benjamin B. Nolan Public Works Director DCS:so AGREEMENT FOR ARCHITECTURAL SERVICES c- 27 Y (4) This is an Agreement, dated the 1 day of 19Q! ) for purposes of identification, between the ITY O NEWPORT BEACH ( "CITY ") and SIMON MARTIN -VEGUE WINKELSTEIN MORIS ( "ARCHITECT "), for architectural services. CITY is retaining ARCHITECT to design a New Central Library. CITY and ARCHITECT agree as follows: I PROJECT CONSTRAINTS AND CONSIDERATIONS This section describes the project the CITY wants ARCHITECT to design and the constraints within which ARCHITECT must work. The provisions of this section shall serve as a guide to the Parties in their dealings and in resolving any dispute. A. CITY intends to build a New Central Library on a four acre parcel of real property ( "Library Site ") in Newport Beach near the intersection of Pacific Coast Highway and MacArthur Boulevard. CITY and The Irvine Company ( "TIC ") have agreed to an exchange of property and ARCHITECT will be required to comply with terms and conditions imposed by TIC that are relevant to the design of the Project. The Library Site is adjacent to the proposed location of the new Newport Harbor Art Museum. The design of the new Library must take into account the requirements of The Irvine Company and the design of the proposed Newport Harbor Art Museum. B. The New Central Library Project ( "Project ") for which ARCHITECT will provide services, includes the following: 1. Design of a New Central Library Building of approximately 50,000 square feet. 2. Design of site improvements including parking, drainage, grading, utilities and landscaping. 3. Interior design and specifications for furniture, fixtures, and related items. 4. Building signage. 1 C. CITY has prepared and approved a comprehensive Library Building Program ( "Building Program "). The Building Program describes the various functions and services the New Library intends to accommodate and the interior floor area generally thought necessary to provide those services. ARCHITECT shall design project to accommodate the needs of the Library as expressed in the Building Program subject only to the Budget. D. CITY has allocated $7,000,000 ( "Budget ") for construction of the Project. The Budget excludes moveable furniture, fixtures, equipment, bookstacks, shelving, and casework other than toilet and workroom counters. The Budget includes carpet, other floor coverings, and window treatments such as blinds. The Budget includes a thirteen percent (13 %) allowance for contingencies and inflation, estimated as of the mid -point of construction (approximately May 1, 1992). This sum represents the maximum amount of monies the CITY presently intends to spend on the Project, exclusive of architectural and other consulting fees and expenses for offsite improvements. ARCHITECT has reviewed the needs of CITY in terms of the Budget and the Building Program and believes, subject to further review during the schematic and design development phases, that funds allocated are adequate to fund anticipated costs assuming construction commences on or before August 1, 1991. ARCHITECT shall design the project so that construction costs do not exceed the Budget. II ARCHITECT'S BASIC SERVICES A. Basic Services ARCHITECT's basic services, including those performed by sub - consultants, consist of the duties described in this section, including, normal civil, structural, mechanical, electrical, and acoustical engineering services, lighting design services, landscape architecture, interior design services, on grade parking design, and such other services as are necessary to design, develop working drawings for, and administer construction K, of, the Project. B. Schematic Design Phase The primary purpose of the Schematic Design Phase is to produce preliminary architectural and site utilization plans that are consistent with the needs expressed in the program and the Budget. ARCHITECT shall perform the following services during this phase: 1. ARCHITECT shall review the Building Program, conduct meetings every two weeks or their equivalent number with CITY and determine the basic Project requirements necessary to meet CITY's needs. 2. Based upon a mutual understanding of Project requirements, ARCHITECT shall prepare and submit to the CITY, for review and comment, a conceptual site plan, elevations and a floor plan, an analysis of the Building Program, project and the construction Budget, each in terms of the other, and an evaluation of alternative approaches to design and construction of the Project that could comply with the Budget. 3. ARCHITECT shall then prepare, for approval by the CITY COUNCIL, schematic design documents consisting of drawings and /or models illustrating the scale and relationship of Project components, all consistent with direction given by the CITY after review of the conceptual plans. 4. ARCHITECT shall submit a preliminary estimate of the cost of constructing the Project represented by the schematic design documents. C. Design Development Phase The purpose of the Design Development Phase is to produce a set of documents, consistent with the schematic design phase, that describe the Project in sufficient detail to determine if the Project meets CITY's needs and conforms to the Budget. ARCHITECT shall perform the following services during this phase: 1. ARCHITECT shall meet with the CITY at least once every four weeks. 3 2. Based on the approved schematic design documents and any adjustments in the Project or Budget approved by CITY, ARCHITECT shall prepare design development documents consisting of drawings and specifications that depict and describe the size and character of the Project in terms of architectural, structural, mechanical and electrical systems, basic materials, and onsite improvements. 3. ARCHITECT shall prepare, and submit to CITY, a detailed estimate of construction costs at the conclusion of this phase. 4. ARCHITECT shall redesign the Project and revise design development documents until the Project conforms to the Budget, unless the City Council amends the Budget. 5. ARCHITECT shall obtain CITY COUNCIL approval of the design development documents and the estimate of construction costs. D. Construction Documents Phase The purpose of the Construction Documents Phase is to prepare working drawings to be submitted in conjunction with a notice inviting bids and to revise these documents as necessary to conform the Project to the Budget. ARCHITECT shall perform the following services during this phase: 1. Advise CITY of any adjustments to previous estimates of construction costs resulting from changes in the Project or general increases in the cost of labor or material. 2. Based upon approved design development documents and any modifications to the project or Budget authorized by CITY, prepare, for approval by CITY, construction documents consisting of drawings and specifications setting forth, in detail, the requirements for construction of the project. 3. Assist CITY in the preparation of necessary bidding information, bidding forms, contract specifications, and other documents associated with the notice inviting bids, provided, however, ARCHITECT's services shall be limited to advice on matters within the scope of ARCHITECT's basic services and 4 9 0 shall not include advice on public bidding laws, insurance or similar matters. 4. Assist CITY in answering bidders questions, issuing addenda, analyzing bids and negotiating with contractors. 5. In the event the CITY receives no bid from a responsible contractor at or below the Budget the City Council shall, in its sole discretion, increase the Budget, authorize rebidding of the Project or require ARCHITECT to redesign the Project and /or revise the construction documents as necessary to conform the Project to the Budget. ARCHITECT shall, with City approval, have the right to include, in the contract documents, design, construction material or system alternatives as appropriate to encourage submittal of bids consistent with the Budget. City shall cooperate with ARCHITECT in revising the scope of the Project and /or the quality or quantity of material, to reduce the cost of constructing the Project. ARCHITECT shall be entitled to compensation in accordance with this Agreement for the Construction Document Phase if: (i) ARCHITECT has completed the construction documents and CITY abandons the Project even though it has obtained a bid from a responsible contractor that is consistent with the budget; or (ii) ARCHITECT has completed the construction documents, has redesigned the Project and /or revised the construction documents as required by this paragraph but the CITY has not received a bid consistent with the budget, and the City Council determines that it is not reasonably forseeable any redesign of the Project or revision of the construction documents will result in a bid consistent with the budget. The modification of the contract documents shall be the limit of ARCHITECT's responsibility. E. Construction Phase Purpose of the Construction Phase is to ensure the Contractor's work is generally consistent with the ARCHITECT's drawings and generally accepted standards of the construction industry. The Construction Phase shall commence with the award of the contract and terminate at the issuance of the final certificate for payment or 60 days after the date of substantial completion of the work, whichever occurs first. ARCHITECT shall perform the following services during the Construction Phase: 1. ARCHITECT shall visit the Library Site at intervals appropriate to the stage of construction, or as otherwise agreed by the CITY and ARCHITECT in writing, to become generally familiar with the progress and quality of the work and to determine if the work is being performed in accordance with contract documents. ARCHITECT shall not be required to make exhaustive or continuous onsite inspections to assess the quality or quantity of work and shall not be responsible for the Contractor's failure to carry out the work in accordance with contract documents. 2. ARCHITECT shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in conjunction with the work, since these are solely the contractor's responsibility under the Construction Contract. ARCHITECT shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the contract documents. 3. ARCHITECT shall keep CITY informed of the progress of the work and will advise CITY of defects and deficiencies in the quality of Contractor's work. 4. ARCHITECT shall review and certify amounts due Contractor based upon ARCHITECT's observations and the evaluation of Contractor's applications for payment. ARCHITECT's certification for payment shall constitute a representation to the CITY, based on the ARCHITECT's observations at the site and on the data comprising the contractor's application for payment, that the work has progressed to the point indicated and that, to the best of the ARCHITECT's knowledge, information and belief, the quality of the work is in accordance with the contract documents. ARCHITECT's representations are subject to an evaluation of the work for conformance with the contract documents upon substantial 0 completion, to results of subsequent tests and inspections, to minor deviations from the contract documents correctable prior to completion and to specific qualifications expressed, in writing, by ARCHITECT. The issuance of a certificate for payment shall also constitute a representation that the contractor is entitled to payment in the amount certified. However, the issuance of a certificate for payment shall not be a representation that ARCHITECT has (1) made exhaustive or continuous onsite inspections to check the quality or quantity of the work; (2) reviewed copies of requisitions received from 'sub- contractors and materials suppliers and other data requested by the CITY to substantiate the contractor's right to payment; or (3) ascertain how or for what purpose contractor has used money previously paid pursuant to the construction contract. 5. ARCHITECT shall have the authority to recommend rejection of work which does not conform to contract documents as well as the authority to require additional inspection or testing of the work so that it is in accordance with the contract documents. 6. ARCHITECT shall review and approve, or take other appropriate action upon, contractor's submittal such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. ARCHITECT's action shall be taken with such reasonable promptness as to cause no delay in the work, while allowing sufficient time in the ARCHITECT's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the contractor, all of which remain the responsibility of the contractor. ARCHITECT's review shall not constitute approval of safety precautions or, unless otherwise expressly stated by ARCHITECT, of construction means, methods, techniques, sequences 7 0 i or procedures. ARCHITECT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, ARCHITECT shall be entitled to rely upon such certification to establish that the materials and systems or equipment will meet the performance criteria required by the contract documents. 7. ARCHITECT shall prepare change orders and construction change directives, with supporting documentation data if deemed necessary by the ARCHITECT, for CITY's approval and execution in accordance with the contract documents, and may authorize minor changes in the work not involving any adjustment in the contract price or an extension of the scheduled completion date. 8. ARCHITECT shall review the work to determine the date or dates of substantial completion and the date of final completion. ARCHITECT shall also receive, and forward to CITY, written warranties and related material required by the contract documents and assembled by Contractor. ARCHITECT shall issue a final certification for payment upon compliance with the requirements of the contract documents. 9. ARCHITECT shall make recommendations when necessary regarding the performance of CITY and Contractor under the requirements of the contract documents on written request of either CITY or Contractor. ARCHITECT's response to such request shall be made on or before any date agreed to or, in the absence of an agreement, within a reasonable time. 10. ARCHITECT's interpretations and decisions shall be in writing and consistent with the intent of, and based upon reasonable inferences drawn from, the contract documents. ARCHITECT shall remain impartial and shall not be liable for any damage or loss caused by any interpretation or decision made in good faith. 1.1 i • 11. ARCHITECT's decisions on matters relating to aesthetic effects shall be final if consistent with the intent expressed in the contract documents. 12. ARCHITECT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between CITY and Contractor relating to the execution or progress of the work as specified in the contract documents. III CITY RESPONSIBILITIES CITY shall, at its own expense, provide ARCHITECT with the services, information, surveys and reports specified in this section. ARCHITECT shall be entitled to rely upon the accuracy and completeness of all services, information, surveys and reports furnished by CITY. A. Full information regarding Project requirements, including the program, Budget, desired design and construction schedule, and other special design, systems or site criteria. B. CITY Representative(s), as designated by the City Manager, with authority to make appropriate decisions, and give required direction, to ARCHITECT during the design phases. CITY Representatives) will arrange and coordinate all meetings with ARCHITECT, as well as the designated representatives and /or architects of The Irvine Company and Newport Harbor Art Museum. C. A topographic survey of the site giving, as applicable, grades and lines of streets, pavements and adjoining property, rights -of -way, restrictions, easements, utilities, site planes, boundaries, contours, dimensions, and other data necessary or appropriate to facilitate design of the Project. D. Preliminary and final soil report, including test borings, soil classification, soil bearing values, percolation tests, evaluations of hazardous materials, if any, and other data necessary to define sub -soil conditions, bearing values for foundations and appropriate recommendations. 0 0 0 E. Consulting services, as authorized by CITY, during the design phase, from Robert H. Rohlf, Professional Library Consultants, Inc., CITY's Library Building Consultant. F. Project management during the Construction Phase including detailed structural, mechanical, pollution, hazardous material and other laboratory and environmental tests, inspection and reports required by the contract documents or any provision of law. IV ADDITIONAL SERVICES A. CITY may wish to employ ARCHITECT for services other than those specified in Section II. ARCHITECT shall not perform additional services nor receive additional compensation except to the extent authorized in writing by CITY. CITY MANAGER approval shall be required prior to authorization of any services for which total compensation to ARCHITECT exceeds $10,000. The CITY COUNCIL must approve additional services when total additional compensation exceeds $30,000. B. The following services are not required of ARCHITECT pursuant to this Agreement but are illustrative of additional services ARCHITECT may provide pursuant to this section. 1. Providing planning surveys or consultations in conjunction with environmental documentation. 2. Making revisions in drawings, specifications or other documents when such revisions are: (i) inconsistent with approvals or instructions previously given by CITY except to the extent necessary to conform the Project to the Budget; (ii) required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or (iii) due to changes required as a result of the CITY's failure to render decisions in a timely manner. 3. Providing architectural services or consultation concerning replacement or restoration of the project if damaged by fire or other cause during construction. 10 4. Providing coordination of construction performed by separate contractors or by the CITY's own forces as well as coordination of services required in connection with construction performed, and equipment supplied, by the CITY. 5. Providing services after issuance of the final certificate for payment, or in the absence of a final certificate for payment, more than sixty (60) days after the date of substantial completion of the project. 6. Meetings beyond those required in Section II. 7. Serving as an expert witness in conjunction with an arbitration, lawsuit or administrative proceeding except when ARCHITECT is adverse to CITY. 8. Providing services made necessary by the default of the Contractor or by failure of performance of either the CITY or Contractor under the construction contract. 9. Preparing drawings, specifications and other documentation and supporting data in connection with change orders for the benefit of the Contractor. 10. Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to drawings, specifications and other documentation resulting therefrom. 11. Providing services and evaluating an extensive number of claims submitted by the Contractor or others in connection with construction of the Project. 12. Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 13. The preparation of alternate, separate or sequential bids if requested by the CITY. (Alternate bids prepared by ARCHITECT in an effort to ensure the Project conforms to the Budget will not be considered additional services.) 14. Providing other services not required by this Agreement and which are not normally performed by an ARCHITECT in conjunction with the design and construction of projects. 11 • s C. Compensation for authorized additional services shall be provided at a negotiated lump sum fee or at ARCHITECT'S standard hourly rates. A copy of ARCHITECT's standard hourly rate schedule is attached as Exhibit A. V SPECIAL PROVISIONS A. Introduction The provisions of this Contract are unique in that ARCHITECT is responsible for designing a Project for which the CITY receives at least one (1) bid from a responsible Contractor, below the Budget (as specified in Section I.D). This Agreement is also unique in that CITY does not presently own the Library Site, ARCHITECT must satisfy the requirements of The Irvine Company as specified in the Land Exchange Agreement, and must take into account the design of the proposed Newport Harbor Art Museum to be constructed on an adjacent parcel. These special provisions are intended to address these unique characteristics and shall control over all other provisions of this Agreement. B. ARCHITECT is responsible to design a Project with a construction cost at or below the Budget (as specified in this Agreement subject to any amendments approved by the City Council). The Budget has been established on the assumption that construction will begin in approximately eighteen (18) to twenty (20) months and ARCHITECT must assume there will be no adjustments in the Budget for inflation or increased construction costs prior to any award of the Construction Contract. ARCHITECT shall be required, without payment of additional compensation, to redesign the Project to conform with the Budget if, at the conclusion of the Schematic Design Phase or Design Development Phase, estimates of construction costs exceed the Budget. ARCHITECT shall also be required without payment of additional compensation to redesign the Project, and /or redraft working drawings, until such time as the CITY receives, from a responsible contractor qualified to perform the work, a bid at or below the 12 0 s Budget. Prior to redesigning the Project to bring the cost within the current Budget, the ARCHITECT shall submit the alternatives for reducing the cost to the CITY for approval. CITY may require ARCHITECT to redesign the Project, and redraft working drawings, as many times as it, in its sole discretion, deems appropriate to meet the CITY's requirements. C. The Irvine Company has retained design review authority over the Project as specified in the Land Exchange Agreements approved by the City Council concurrently with this Agreement. ARCHITECT shall design the Project in conformance with the criteria and standards provided by The Irvine Company. ARCHITECT shall also design the Project to be compatible with the design of the proposed Newport Harbor Art Museum, to the extent that information is available, and shall periodically review Project design with the Director and /or Architect of the Museum. ARCHITECT shall not receive compensation, aside from the fees specified in Section VI, for services necessary to satisfy the requirements of this sub - section. VI A. Architectural Services CITY shall pay ARCHITECT the sum of $591,730.00 for basic services as specified in Section II of this Agreement. Subject to the provisions of Subsection C, ARCHITECT's compensation does not include fees for interior design consultants, civil engineers, landscape architects, or acoustical, roofing and lighting consultants. B. Payment of Architectural Fees Fees for basic services shall be paid monthly within thirty (30) days after CITY's receipt of an appropriate invoice provided, however, fees paid to ARCHITECT at the conclusion of each phase shall not exceed the following percentages: 1. Schematic Design Phase $ 76,924.90 (13 %) 2. Design Development Phase $118,346.00 (20 %) 13 3. Construction Docmts Phase $242,609.30 (41 %) 4. Construction Phase $153,849.80 (26 %) C. Consultant Fees Subject to the following limits, ARCHITECT shall be compensated for expenses incurred in retaining the following consultants, with reimbursement calculated on the basis of a multiple of 1.05 times the consultant's invoice: Consultant Services Maximum Amount (Inclusive of Multiplier) 1. Interior Design $63,000.00 2. Civil Engineering $33,000.00 3. Landscape Architecture $17,000.00 4. Acoustical, Roofing and Lighting Consultants $14,000.00 The compensation otherwise due ARCHITECT during the Construction Phase shall be reduced by the amount that fees for civil engineering, landscape architecture and acoustical, roofing and lighting consultation, when combined, exceed $64,000.00 D. Payment of Consultant Fees Fees for consultants shall be paid monthly and within thirty days after CITY's receipt of an appropriate invoice from ARCHITECT including supporting documentation from the consultant. E. Reimbursable Expenses Reimbursable expenses are in addition to compensation for any basic or additional services performed by ARCHITECT. Reimbursable expenses include, by way of illustration, costs actually incurred by ARCHITECT and related to travel, meals and lodging, long distance communications, reproductions, posters, photography and messenger services, and the production of models and mockups if authorized by the CITY. Except as otherwise provided in this section, payment for reimbursable expenses shall be made within thirty (30) days after CITY's receipt of appropriate invoices and at a rate of 1.1 times the actual expenses incurred by ARCHITECT. CITY's obligation to compensate ARCHITECT for reimbursable expenses is limited by the following: 14 i i 1. In no event shall CITY pay more than ($15,000.00) for reimbursable expenses during the Schematic Design Phase, unless an increase is authorized by the CITY. 2. In no event shall CITY pay more than $68,000.00 in reimbursable expenses during the term of this Agreement, unless an increase is authorized by the CITY, provided, approval of the City Council shall be required for any increase greater than $10,000.00. VII OWNERSHIP OF DRAWINGS A. All drawings, specifications, renderings, plans, models and material prepared by ARCHITECT pursuant to the terms of this Agreement shall, upon, payment of all fees to which ARCHITECT is entitled, become the property of the CITY. ARCHITECT shall have the right to reproduce and use, for its own purposes, copies of the material referred to in this section. B. CITY shall defend, indemnify and hold ARCHITECT harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including reimbursable attorneys fees, arising, or in any way related, to the use by CITY, or any other person, firm or legal entity, of the drawings, specifications or other documents prepared by ARCHITECT pursuant to this Agreement in conjunction with: 1. the Project if the drawings, specifications or documents have been modified other than by ARCHITECT; or 2. any development other than the Project, unless ARCHITECT has consented, in writing, to such use. VIII A. General ARCHITECT is obligated to redesign and redraft plans and construction drawings if cost estimates or bids exceed the Budget. ARCHITECT's obligations in this regard would be of little 15 0 0 or no benefit to the CITY if ARCHITECT had the right to terminate this Agreement at any time upon specified notice. Accordingly, ARCHITECT's rights of termination have been significantly restricted. B. Architect's Right of Termination ARCHITECT shall have the right to terminate this Agreement only in the following circumstances: 1. If the CITY fails to make any payment required by this Agreement when due and remains in default for twenty (20) days after ARCHITECT has served written notice of the breach and a demand to cure the default, or has otherwise materially breached this Agreement. 2. If the CITY, in writing or by conduct, expresses the intent to abandon the Project for a period of ninety (90) consecutive days or more. C. CITY's Right of Termination CITY shall have the right to terminate this Agreement in the following circumstances: 1. At the conclusion of the Schematic Design Phase or Design Development Phase if estimated construction costs exceed the Project Budget, and CITY, in its sole discretion, determines that any reduction to, or revision in, the Project is either unlikely to .bring construction costs into conformance with the Budget or will render the Project unsuitable for its needs. 2. Without cause by giving ARCHITECT ten (10) days written notice of its intention to terminate; 3. Upon twenty (20) days written notice of intention to terminate in the event ARCHITECT fails to substantially perform in accordance with the Agreement and fails to cure the default after service of the notice of intention to terminate. D. Payment Upon Termination In the event of termination, ARCHITECT shall be compensated for services performed prior to termination in an amount equal to the product of the sum due ARCHITECT upon 16 0 i completion of the then current phase multiplied by the percentage of work in that phase completed by ARCHITECT as of the date of termination. VIV PROJECT SCHEDULE AND TERM A. General CITY and ARCHITECT have developed a tentative schedule for the completion of the various phases of this Project. This schedule represents a reasonable estimation of the time necessary to complete each phase assuming related events are resolved as anticipated and no unusual difficulties arise. However, the Parties acknowledge that delay in site acquisition, the progress of the Newport Harbor Art Museum, or the occurrence of other events could result in delay. B. Best Efforts CITY and ARCHITECT agree to use their respective best efforts to conform with the following Project Schedule: 1. Schematic Design Phase - Three (3) Months. l.a. Review Phase - One (1) Month. 2. Design Development Phase - Three (3) Months. 2.a. Review Phase - One (1) Month. 3. Construction Document Phase - Seven (7) Months. 3.a. Final Review Phase - Three (3) Months. 4. Contract Administration Phase - Sixteen (16) Months. C. Term The term of this Agreement shall commence on the date of execution by the Mayor of the City of Newport Beach and shall continue in full force and effect, unless terminated, until the Project is complete as specified in Section 2 or June 1, 1993, whichever shall first occur. V1 INSURANCE AND INDEMNIFICATION A. Indemnification ARCHITECT shall indemnify, defend and hold harmless, CITY, its officers, employees, boards and commissions from and 17 against any and all loss, liability, damage, injury, claims or litigation arising out of, the negligent acts or omissions of architect in performing services pursuant to this Agreement. B. Insurance ARCHITECT shall provide insurance to assist in performing its contractual obligations specified in Sub - Section A. All policies of insurance shall contain a provision that CITY receive, in writing, at least thirty (30) days notice of insurer's intention to cancel or materially alter the terms of any policy required by this Agreement. All required insurance policies shall be maintained in full force and effect during the term of this Agreement and at ARCHITECT's own expense. This Agreement shall not become effective until ARCHITECT submits evidence of required insurance by filing appropriate certificates and /or endorsements with the City Clerk. Specific insurance requirements are as follows: 1. ARCHITECT shall provide errors and omissions insurance with minimum coverage of One Million Dollars ($1,000,000) per claim, and in the aggregate. 2. ARCHITECT shall provide a commercial liability insurance policy with minimum limits of not less than $1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate. The City of Newport Beach, and its officers, employees, boards and commissions shall be named as additional insureds. X10 RECORDS CITY shall have the right to inspect, upon reasonable notice and during regular business hours, records prepared or maintained by ARCHITECT pertaining to the Project including, without limitation, time sheets, consultant invoices, receipts reflecting reimbursable expenses and similar documents. Records relating to compensation for services and reimbursable expenses shall be maintained and prepared in accordance with generally 18 accepted standards. XII A. Mediation Claims, disputes or other matters in question between the Parties and arising out of, or relating to, this Agreement or a breach of this Agreement, shall be subject to mediation under the auspices of a recognized, neutral third party professional mediation service or other mediation method acceptable to both parties, prior to arbitration. The cost of any mediation service shall be borne equally by the Parties. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. B. Arbitration In the event a claim, dispute or other matter in question between the Parties is not resolve through Mediation, the matter shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association. Notice of demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institutional, legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statue of limitations. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law. XIII MISCELLANEOUS PROVISIONS A. Neither CITY nor ARCHITECT shall assign or transfer any interest in this Agreement without the written consent of the other. 9] B. ARCHITECT, and its officers, employees, and consultants shall be considered independent contractors while performing services required by this Agreement. C. This Agreement shall be governed by the law of the principal place of business of ARCHITECT. D. Any notice required by this Agreement shall be deemed given when personally delivered, or when deposited in the United States mail, first class postage prepaid and addressed, to: ARCHITECT: Peter Winkelstein Simon Martin -Vegue Winkelstein Moris 501 - 2nd Street San Francisco, California 94107 CITY OF NEWPORT BEACH: Robert L. Wynn City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 E. This Agreement represents the entire and integrated Agreement between CITY and ARCHITECT and supersedes all prior negotiations; representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and ARCHITECT. Dated:1-7 11�, Q CITY OF PORT BEACH ( "CITY ") By: Dated: S Z� U SIMON MARTIN -VEGUE WINKELSTIN MORIS ( "ARCHITECT ") By: (7 ° LIBRARYI.AGT APP VED AS TO FORM: 2/21/90 - 2:15 p.m. Date: 20 • 0 EXHIBIT A CURRENT RATE SCHEDULE SIMON MARTIN -VEGUE WINKELSTEIN MORIS Principals $105.00 Project Manager /Designer $ 85.00 Senior Designer /Drafter $ 75.00 Intermediate Designer /Drafter $ 60.00 Junior Designer /Drafter $ 50.00 Project Assistant $ 35.00 Consultants Cost + 10% Direct Expenses Cost + 10% Note: These rates shall be in effect until August 31, 1990. Our rate schedule changes annually in September. 21 . Oovember 27, 1989 CITY COUNCIL AGENDA ITEM NO. F -3(d) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: AGREEMENT FOR CONSULTING PROFESSIONAL ENGINEERING AND PROJECT MANAGEMENT SERVICES WITH DONALD C. SIMPSON RECOMMENDATIONS: Authorize the City Manager to execute the subject agreement. DISCUSSION: On July 14, 1986, the City Council authorized the City Manager to retain Mr. Donald C. Simpson's services as a part -time employee as Civil Engineer and Special Project Manager. That agreement was extended and terminates on December 1, 1989, when Mr. Simpson plans to retire. . Mr. Simpson has provided professional engineering and project management services in an exemplary fashion on the Upper Bay Protection and Restoration Projects ($14,000,000), the West Coast Highway Widening Project ($12,700,000), and various other projects. The results have been outstanding, and the cost to the City for Mr. Simpson's services has been minimal. This agreement provides for Mr. Simpson's services as a consultant on a part -time basis not to exceed 900 hours per year. Terms of the agreement are as follows: 1. Services a. Project management for design and construction of the Newport Center Library. b. Consultation and advice during implementation of Well Field project. c. Provide other engineering services as directed by Public Works Director. 2. Compensation - $65.00 /hr. (no fringe benefits) 3. Term - Concludes December 31, 1990. C�...L, a Benjamin B. Nolan Public Works Director JW:so Attachment