HomeMy WebLinkAboutC-2856 - Architectural Service for City Utilities Yard, Phase ICITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: April 29, 1991
SUBJECT: Contract No. C -2856
(714) 644 -3005
Description
of Contract
Contract Architectural
Services for
Expansion &
Reconstruction
of the City Utilities
Yard, Phase I
Effective date of Contract April 23, 1991
Authorized by Minute Action, approved on April 22, 1991
Contract with Paul J. Ruffing, A.I.A.
Address 2701 Harbor View Drive
Corona del Mar, CA 92625
Amount of Contract (See Agreement)
"94a s 4e
Wanda E. Raggio 7 v
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
APR 2 21991
f
City Council Meeting
April 22, 1991
Agenda Item No. F 3 (6)
TO: MAYOR SANSONE AND MEMBERS OF THE CITY COUNCIL
From: Robert J. Dixon, Utilities Director
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR UTILITIES
YARD IMPROVEMENTS (C-9586)
2S6-�
Recommended action:
If desired, authorize the Mayor and City Clerk to execute a Professional Services
Agreement with Paul J. Ruffing, A.I.A., to design Utilities Yard improvements for a
fixed fee of $45,900.00.
Background:
The City is in the process of developing a groundwater supply to augment its water
supply from Metropolitan Water District. To maximize the use of groundwater, a
reservoir is required to balance the varying water system pressures and to provide a
means for proper disinfection or other treatment processes. The reservoir will
provide for conveyance of well water through the City's distribution system into Big
Canyon Reservoir during both high and low water demand periods.
The existing concrete reservoir at the Utilities Yard was constructed in the 1920s and
no longer meets State mandated seismic standards. It must be demolished and a
new reservoir constructed to receive the groundwater. To meet the seismic design
criteria the new reservoir must be lower in profile and wider. Given the constraints
of the Utilities Yard site, expansion and some reconstruction is necessary.
A site expansion study was performed by HDR /Ott Engineers and Anthony &
Langford Architects. The study outlines a proposal for a three - phased expansion
and reconstruction project.
The first phase provides for removal of the existing reservoir and pump station,
relocation of the existing radio station transmitter building (KOCM -FM),
reconstruction of the equipment and welding shop, and relocation of the existing
Telecommunications and Meter division offices. This phase will also include
construction of a new building to house the Public Works Parking Meter personnel
and equipment and some garages.
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Discussion:
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The plans proposed to be prepared under the subject agreement include the
following items:
1. Phasing plan for demolition of reservoir and shop.
2. Along 16th street: offices for the parking meter function, a shell building for
the radio station, and garages.
3. Along the north property line: additional garages, and construction of offices
and records storage facility in corner of existing building.
4. In the interior of the site: a structure to protect the electrical panel, garages for
seven trucks, welding shop, small equipment shop, new water quality office,
conversion of existing spaces to garages, and the the conversion of the storage
building to a water meter shop with loading bay and office.
5. Site security: entry gates with card key entry system and vehicle sensing
loops, and video surveillance.
Relocation of water mains, valves, and pumps is not a part of this design contract.
City forces will perform this work.
As noted above, a master plan of improvements was prepared by HDR /Ott
Engineers and Anthony & Langford, Architects. After approval of the master plan,
the staff invited three selected firms, including Anthony and Langford, to submit
statements of qualifications to design the improvements. After consideration of
qualifications, the staff requested Paul Ruffing, A.I.A., to submit a proposal.
Paul Ruffing is well qualified, having been a partner in the firm of Ficker and
Ruffing which has recently been dissolved. For the city, Ficker and Ruffing designed
the existing buildings at the Utilities Yard, the Santa Barbara Avenue fire station,
and the warehouse at the Corporation Yard. Since the dissolution of the Ficker and
Ruffing partnership, Paul Ruffing has completed plans for remodeling the City jail.
The Utilities Committee reviewed the agreement (attached) at its meeting on April
4, 1991, and forwards it to the City Council with a recommendation for approval.
Respec ` ully submitted,
Robert J. Dixon
Utilities Director
Cl
RGREEM ENT
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CONTRACT ARCHITECTURAL SERVICES FOR
EXPANSION & RECONSTRUCTION OF
THE CITY UTILITIES YARD, PHASE I
THIS AGREEMENT is made and entered into this 23RD day of
April 1991, by and between the "City of Newport Beach ", a municipal Corporation,
hereinafter referred to as "CITY ", and Paul J. Ruffing, A.I.A., an independent
contractor, hereinafter referred to as "ARCHITECT'.
WITNESSETH:
WHEREAS, "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 under the Charter of the City.
WHEREAS, "CITY' has completed a plan for a multi - phased expansion of the
City Utilities Department Operations Yard at 949 West 16th Street in Newport Beach.
WHEREAS, "CITY' has solicited proposals for architectural services to
complete the detailed design and assist with the implementation of Phase I of the
multi - phased expansion.
WHEREAS, "ARCHITECT' has submitted a proposal for costs and services as
outlined herein below; and
WHEREAS, "CITY' desires to accept said proposal;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed
and understood that:
I. PROJECT CONSTRAINTS AND CONSIDERATIONS
This section describes the Project "CITY' desires "ARCHITECT' to
design, and some of the constraints associated with the Project. The provisions of
this section shall serve as a guide to the parties in their dealings, in resolving
disputes, and shall control in the event of any conflict with any other provisions of
this Agreement.
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A. "CITY" intends to:
1. Relocate to temporary quarters the existing shop, telemetry, and
electric control panel that are presently located in the shop that is to be demolished.
2. To demolish the existing reservoir and shop.
3. To relocate water lines and all underground utilities which
interfere with construction of the proposed facilities.
B. The work to be done by "ARCHITECT' includes preparation and submittal
of plans, specifications, schedules and cost estimates for the following elements:
1. Along 16th Street; westerly property line:
a. Office for Traffic Division personnel in the Parking Meter
Section.
b. Garage for 4 parking meter vehicles.
C. Garage for 4 Utilities Department vehicles.
d. Shell of a single -story building for FM radio station KOCM.
2. Along northerly property line:
a. Garage for 2 Utilities Department vehicles at west end of the
existing structure.
b. Garage for trucks, light tower, and concrete mixers; structure
to close gap between two existing structures at the northeast
corner of the site. Corner offices & archives in corner of
existing building.
3. Interior of site; northerly portion:
a. Structure to protect electrical control panel adjacent or
integral to large vehicle garages.
b. Garages for 5 large trucks and 2 small trucks.
C. Welding shop and small equipment shop.
d. Convert existing water quality office back to garage space.
e. Convert earthquake storage building to water meter shop,
loading bay and offices.
4. Around perimeter of site:
a. Modify perimeter security; automate gate entry system to
include card key entry and vehicle sensing loops.
b. Video camera surveillance system.
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C. "CITY" has allocated $2,400,000 ( "Budget ") for the Project; including a
construction contract of $2,100,000; design fees and appurtenant costs of $50,000;
$150,000 for work to be done by "CITY "; and miscellaneous and contingency costs of
$100 000. The "Budget" represents the maximum amount of funds the "CITY"
intends to spend on the first phase of the Project, and "ARCHITECT" believes the
funds allocated are adequate to offset the anticipated costs, assuming that construction
commences and is performed in a timely manner.
D. If "ARCHITECT" expects the total cost of the project to exceed $2,400,000
he shall notify "CITY ", who shall then notify him whether or not "CITY" desires to
appropriate more money for the project or scale down the scope of work in order to
stay within the limits of the "Budget ".
IL ARCHITECTURAL SERVICES
A. Basic Services
"ARCHITECT's" basic services and those performed by
subconsultants, consist of the duties described in this section, and shall include
normal structural, mechanical, electrical and acoustical engineering services,
lighting design services, and other services normally provided by "ARCHITECT"
to design and develop complete detailed construction drawings for, and
administer construction of, the Project.
B. Design Development Phase
A study of the Utilities Yard Expansion Project has been prepared by
HDR Engineering and Anthony & Langford, A.I.A. "ARCHITECT" is to produce a
design and develop preliminary construction drawings that are consistent with the
Expansion Study and the proposed "Budget ". A copy of the Utilities Yard
Expansion Study is incorporated by reference into this agreement as if included.
"ARCHITECT" shall perform the following services during the design
development phase:
1. Meet as often as reasonably necessary, with "CITY" to determine
specific Project requirements.
2. Prepare and submit to "CITY ", for review and comment, a project
plan and construction budget designed to ensure compliance with the "Budget ".
3. Prepare, for approval by "CITY," preliminary design development
drawings consistent with direction given by "CITY" after review of the project plan
and construction budget.
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C. Construction Documents Phase
1. Assuming approval of the design development documents by
"CITY ", "ARCHITECT" shall prepare complete construction documents consisting
of construction drawings, specifications, construction schedule and a detailed cost
estimate. "ARCHITECT" shall receive no additional compensation for any work
required to redesign the Project, or revise appropriate drawings, to bring cost
estimates or bids into conformance with the "Budget ".
2. Assist "CITY" in the preparation of information associated with
the "notice inviting bids ".
3. Assist "CITY" in obtaining proposals and bids from contractors.
4. In the event the lowest responsible bid for construction of the
Project exceeds the construction budget of $2,400, 000 by more than ten percent
(10 %), "ARCHITECT" shall revise the construction documents to secure a bid
consistent with the "Budget ". "ARCHITECT" shall receive no additional fee or
compensation for services performed in conjunction with the revision or revisions
required by this sub - paragraph. "CITY" shall adjust the scope and /or quality of
construction as necessary to conform to "Budget" constraints.
D. Construction Phase
In the event the City Council awards a contract for construction of the
Project, "ARCHITECT" shall do the following:
1. Visit the site at scheduled intervals appropriate to the stage of
construction or as otherwise agreed by the "CITY" and "ARCHITECT ", to become
generally familiar with the progress and quality of the work and to determine if the
work is being performed substantially in accord with contract documents.
"ARCHITECT" shall not be required to make exhaustive or continuous on -site
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 accord with contract documents.
2. Provide regular reports regarding the progress of construction
and the quality of work and advise "CITY" of any defects and /or deficiencies
observed by "ARCHITECT" in the quality of contractor's work.
3. Review and make recommendations regarding proposals for the
substitution of materials and equipment.
4. Review and certify amounts due contractor based upon
"ARCHITECT'S" observations and the evaluation of applications for payment from
the contractor to "CITY ".
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5. Prepare change order work requested by "CITY ", including all
drawings or specifications necessary to describe and detail the work to be added,
deleted or modified.
6. Prepare "record" drawings based upon change orders and addenda
to the extent approved by "CITY" and incorporated into the construction of the Project.
"CITY" shall require the contractor to submit "as- built" drawings of actual construction
installations to "ARCHITECT" for use in preparing "record" drawings.
Ill. CITY RESPONSIBILITIES
"CITY" shall provide, at no expense to "ARCHITECT ", information,
assistance, and reports described herein below. "ARCHITECT" shall be entitled to rely
upon the accuracy of all services, information, surveys and reports furnished by "CITY ".
A. "CITY" shall furnish "ARCHITECT" with full information regarding
Project requirements, including the "Budget" and any amendments, as well as special
design, systems, or site criteria and /or constraints not specified in this Agreement.
B. "CITY" hereby designates the Utilities Department Director or his
authorized representative (s) with authority to make appropriate decisions and
give required direction to "ARCHITECT" during the design phases and assist in
complying with any administrative procedures required by law. "CITY"
representatives shall review materials submitted by "ARCHITECT" and render
decisions as soon as reasonably possible. "CITY" representatives shall be
authorized to bind the "CITY" except where City Council approval is mandated.
C. "CITY" shall furnish Project management services during the
Construction Phase, including detailed structural, mechanical, hazardous material
and other laboratory and environmental tests, inspections and reports required by
contract documents or any provision of law.
D. "CITY" shall submit documents to, and obtain approval for the
Project by all governmental regulatory agencies having jurisdiction over the
Project. "ARCHITECT" shall assist "CITY" in obtaining regulatory approval from
those agencies.
E. "CITY" shall provide "ARCHITECT" with topographic site survey
data and soils testing data for use in the design of structures, footings and
foundations on the Project site. Said information shall be obtained from a private
soils testing or soils engineering firm under contract to "CITY ".
F. "CITY" shall provide "ARCHITECT" with certain detailed
construction and material specifications where they exist and pertain to any of the
components of the Project.
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1. "CITY" has occasionally uses standard specifications for electrical
components, panels and enclosures on other "CITY" projects. "CITY" shall provide
those applicable specification sections to "ARCHITECT" for inclusion into the Project.
IV. COMPENSATION
A. Architectural Services
1. "ARCHITECT" shall be compensated for services performed
pursuant to this Agreement on the basis of a fixed fee of forty five thousand nine
hundred dollars ($45,900.00). Progress payments to "ARCHITECT" will be made
according to the following schedule, less retentions:
(a.) Upon completion of Design Development Phase: twenty
five percent (25 %) of forty five thousand nine hundred dollars ($45,900.00), a sum
of eleven thousand four hundred seventy five dollars ($11,475.00).
(b.) Upon completion of Construction Documents Phase: an
additional fifty five percent (55 %) of forty five thousand nine hundred dollars
($45,900.00), a sum of twenty five thousand two hundred forty five dollars ($25,245.00).
(c.) Upon completion of Construction Phase: the final
twenty percent (20 %) of forty five thousand nine hundred dollars ($45,900.00), a
sum of nine thousand one hundred eighty dollars ($9,180.00).
2. The total amount paid to "ARCHITECT" pursuant to this
Agreement, exclusive of compensation for additional services or reimbursable
expenses, shall not exceed $45,900.00.
B. Time of Payment
City shall pay sums due "ARCHITECT" within thirty days after
receipt of appropriate invoices. "ARCHITECT" shall receive compensation
monthly base don services performed. Total compensation shall not exceed
amounts provided in Paragraph A.,1. above. Compensation due during the
Construction Administration Phase shall be paid in equal monthly installments
commencing thirty (30) days after construction begins.
C. Retentions (Ten Percent Withholding)
"CITY" may withhold an amount equivalent to ten percent (10 %) of the
total compensation provided herein, to be released to "ARCHITECT" upon final
adoption of the 'notice of completion" by the City Council. "CITY" reserves the right
to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of
the total compensation and /or in excess of ninety percent (90 %) of the phases of the
architectural services for the Project provided herein until said Project is completed
and adopted as specified herein above.
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D. Reimbursable Expenses
Reimbursable expenses are actual costs incurred by "ARCHITECT"
outside of normal expenses associated with the performance of basic or additional
services. Reimbursable expenses include, by way of illustration, costs actually
incurred by "ARCHITECT" for travel, meals and lodging, long distance
communications, postage, reproductions including blueprinting, posters,
photography and messenger services, and the production of models and mock -ups
provided however, reimbursable expenses shall be incurred only when pre- approved
by the "CITY" pursuant to a properly executed work authorization. "ARCHITECT"
shall be compensated for the actual cost of these expenses, plus fifteen percent (15 %)
of same. Reimbursable expenses shall be paid within thirty (30) days after receipt of
an invoice and appropriate supporting documentation. Reimbursable expenses shall
include time of "ARCHITECT" at standard hourly rates if travel is required to any
location north of Los Angeles County, California.
V. OWNERSHIP OF DRAWINGS
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
"CITY ". "ARCHITECT" shall have the right to reproduce and use all documents
and material prepared pursuant to this Agreement. "CITY" shall defend,
indemnity and hold "ARCHITECT" harmless from and against any loss, damage,
claim or lawsuit that is in any way related to the use of documents prepared by
"ARCHITECT" pursuant to this Agreement by any person or entity other than
"CITY" unless "ARCHITECT" has given prior written consent to such use.
VI. TERMINATION AND SUSPENSION
A. Suspension
"CITY" shall have the right to require "ARCHITECT" to suspend or
defer performance of services pursuant to this Agreement. The date of the
suspension shall commence upon service of written notice of "CITY'S" intention to
suspend. In the event the suspension of "ARCHITECT's" services extends for a
period of thirty or more consecutive days, "ARCHITECT" shall be paid
compensation then due, and, in the event the suspension occurs prior to the
completion of any phase, "ARCHITECT" shall be entitled to compensation for that
phase based upon the percentage of work completed. In determining the percentage
of work completed, "CITY" shall consider, but not be bound by, the ration between
compensation due "ARCHITECT" upon completion of that phase and an amount
equal to the hours worked multiplied by the rate for additional services specified in
Section VII., Paragraph B.
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B. City's Right of Termination/ Compensation
"CITY" shall have the right to terminate this Agreement under the
following circumstances:
1. At the conclusion of the Design Development Phase or Construction
Documents Phase, if the estimated construction costs or, as appropriate, competitive
bids, exceed the 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 written notice of its intention to terminate in the event
"ARCHITECT" fails to substantially perform in accordance with the Agreement and
fails to cure the default(s) within twenty (20) days after service of written notice of
intention to terminate or, in the event twenty (20) days is inadequate to cure the
default(s), within the time reasonably necessary to cure the default(s).
4. In the event of termination pursuant to provisions of B.1.,
"ARCHITECT" shall be entitled only to compensation otherwise due at the conclusion
of that phase. If this Agreement is terminated by "CITY" pursuant to B.2. or B.3.,
"ARCHITECT" shall be entitled to compensation based upon the percentage of work
completed multiplied by full compensation (for that phase) to which "ARCHITECT"
would be entitled upon conclusion of the phase. In determining the percentage of
work completed, "CITY" shall consider, but not be bound by, the relationship between
full compensation due "ARCHITECT" for that phase and an amount equal to the hours
worked multiplied by the rate for services specified in Section VII., Paragraph B.
C. Architect's Right of Termination /Compensation
"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
and remains in default for twenty (20) days after "ARCHITECT" has served written
notice of the breach and a demand to cure the default.
2. If the "CITY ", in writing or by conduct, expresses the intention to
abandon the Project.
3. In the event "ARCHITECT" terminates the Agreement pursuant to
this sub - section, "ARCHITECT" shall be entitled to compensation of the phase during
which termination occurred based upon the percentage of work completed. In
determining the compensation due "ARCHITECT ", "CITY" shall consider, but not be
bound by, the relationship between compensation due "ARCHITECT" upon
completion of the phase and an amount equal to the hours worked multiplied by the
rate for services specified in Section VII., B.
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VII. ADDITIONAL SERVICES
A. "CITY" may elect to employ "ARCHITECT" and /or consultants for
services other than those specified in Section II (Architect's Services). "ARCHITECT"
shall not perform additional services nor receive additional compensation except to
the extent "CITY" has provided written authorization to "ARCHITECT" prior to the
performance of services. City Council approval is required prior to the performance of
additional services when anticipate additional compensation exceeds ten percent
(10 %) of the basic fee set forth in Section A., 2. above.
B. Compensation for additional services shall be billed at the rate specified
in this section, or at a fixed price determined by separate written agreement signed by
both "CITY" and "ARCHITECT ". Schedule of hourly rates for "ARCHITECT ",
employees and consultants shall be as follows:
ARCHITECT ........................................... ............................... $95.00
PROJECT ARCHITECT OR MANAGER .........................$90.00
SENIOR DESIGNER ..... ............................... ..........................75.00
DESIGNER ...................... ............................... .......................... 70.00
JOBCAPTAIN .............. ............................... ..........................60.00
SPECIFICATION WRITER ....................... ..........................60.00
DRAFTSPERSON, SENIOR ....................... ..........................55.00
DRAFTSPERSON, INTERMEDIATE ...... ..........................40.00
DRAFTSPERSON, JUNIOR ....................... ..........................35.00
CLERICAL................................................. ............................... 30.00
Services provided by engineering and special consultants assigned to the
project and authorized for extra services will be charged at one and fifteen
one- hundredths (1.15) times the amount billed to "ARCHITECT ".
VIII. PROJECT SCHEDULE & TERM
A. Best Efforts
"CITY" and "ARCHITECT" agree to exercise their respective best efforts
to conform with the following Project Schedule.
B. Term
The term of this Agreement shall commence on the date of execution
by "CITY" (first written herein above) and shall continue in full force and effect,
unless terminated, until the Project is complete or March 1, 1992 whichever shall
first occur.
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C. Time of Performance
The tasks to be performed by "ARCHITECT" under and pursuant to
this Agreement shall be completed within one hundred eighty (180) calendar days of
the date first written herein above.
"ARCHITECT" shall receive no additional compensation if completion
of its obligation under this Agreement requires a time greater than as set forth
herein, unless such extension is caused solely by the conduct of "CITY ". Each party
hereby agrees to provide timely notice to the other of any violation occurring under
this Section and the cause thereof.
IX. INSURANCE
Without limiting "ARCHITECT'S" indemnification of "CITY ",
"ARCHITECT" shall obtain and provide and maintain at its own expense during
the term of this Agreement policy or policies of liability insurance of the type and
amounts described below and satisfactory to the "CITY". Such policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and
must be filed with the "CITY" prior to exercising any right or performing any
work pursuant to this Agreement. All insurance policies shall add as insured the
"CITY ", its elected officials, officers and employees for all liability arising from
"ARCHITECT's" services as described herein.
Prior to the commencement of any services hereunder,
"ARCHITECT" shall provide to "CITY" certificates of insurance from an
insurance company certified to do business in the State of California, with
original endorsements, and copies of policies, if requested by "CITY ", of the
following insurance, with Best's Key Rating Guide, latest edition. Insurance
company shall be rated, Class "B" or better carriers and shall be of financial
size category "XV ".
A. Commercial general liability insurance covering third
party liability risks, including without limitation, contractual liability, in a
minimum amount of one million dollars ($1,000,000.00) combined single
limit per occurrence for bodily injury, personal injury and property damage. If
commercial general liability insurance or other form with a general aggregate
is used, either the general aggregate shall apply separately to this project, or the
general aggregate limit shall be twice the occurrence limit;
B. Commercial auto liability and property insurance covering
any owned or rented vehicle of "ARCHITECT" in the amount of one million
dollars ($1,000,000.00) combined single limit per accident for bodily injury and
property damage.
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Said policy or policy's coverage shall not be suspended, voided or
cancelled by either party, or reduced in coverage or in limits except after thirty (30)
days' prior notice has been given in writing to "ARCHITECT ". "ARCHITECT"
shall give "CITY" written notice of any such suspension, change, or reduction in
the coverages immediately upon receipt of notice from the insurance company.
In no event shall this notice to "CITY" be more than ten (10) days after
"ARCHITECT" receives notice from the insurance company.
"ARCHITECT" shall give to "CITY" prompt and timely notice of
claim made or suit instituted arising out of "ARCHITECT'S" operation
hereunder. "ARCHITECT" shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgement may be
necessary for its proper protection and prosecution of the work.
"ARCHITECT" agrees that in the event of loss due to any of the
perils for which it has agreed to provide comprehensive general and automotive
liability insurance, that "ARCHITECT" shall look solely to its insurance for
recovery. "ARCHITECT" hereby grants to "CITY ", on behalf of any insurer
providing comprehensive general and automotive liability insurance to either
"ARCHITECT" or "CITY" with respect to the services of "ARCHITECT" herein, a
waiver of any right of subrogation which any insurer of said "ARCHITECT" may
acquire against "CITY" by virtue of the payment of any loss under such
insurance.
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 submitted by "ARCHITECT" in compliance
with this Section. All required insurance policies shall be maintained in full force
and effect during the term of this Agreement and at " ARCHITECT's" sole cost and
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.
X. REPORTS
Each and every, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by "ARCHITECT" pursuant to or in
connection with this Agreement shall be the exclusive property of "CITY"
No report, information or other data given to or prepared or assembled
by "ARCHITECT" pursuant to this Agreement shall be made available to any
individual or organization by "ARCHITECT" without prior approval by "CITY ".
"ARCHITECT" shall, at such time and in such forms as "CITY" may require,
furnish reports concerning the status of services required under this Agreement.
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XI. RECORDS
"CITY" shall have the right to inspect, upon reasonable notice an
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 accepted standards.
XII. CONSULTANTS
A. "ARCHITECT" may utilize consultants to perform some of the
services required by this Agreement. "ARCHITECT" shall obtain approval of
"CITY" prior to selection of any consultant. All services performed by
"ARCHITECT ", or consultants retained by "ARCHITECT ", shall be performed by
persons who are experienced and skilled in their profession and shall be performed
in accordance with generally accepted professional standards of competence.
B. Subcontracts, if any, shall contain a provision making them subject
to all of the provisions stipulated in this Agreement.
C. "CITY" reserves the right to employ other consultant's, architects
or contractors in connection with this project.
XIII. ARBITRATION
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.
Mediation shall occur 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, claim, dispute or other matter in question between the
Parties is not resolved 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 Part 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 statute of limitations.
The award rendered by the arbitrator(s) shall be final and judgement may be entered
upon it in accordance with applicable law.
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XIV. MISCELLANEOUS
A. Assignment
This Agreement is for professional services and may not be assigned by
"ARCHITECT" without prior written consent of "CITY ". Any purported assignment
without "CITY's" prior written consent shall be null and void.
B. Notices
All notices, demands, requests or approvals to be given or required to
be given pursuant to this Agreement shall be in writing and conclusively shall be
deemed served when delivered personally or on the second business day after the
deposit thereof in the U.S. mail, first class postage prepaid, registered or certified,
and addressed as follows:
TO CITY: City Manager
City of Newport Beach
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, California 92659 -1768
TO ARCHITECT: Paul J. Ruffing, A.I.A.
2701 Harbor View Drive
Corona del Mar, California 92625
C. 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
hereon. This Agreement may be amended only by a written instrument signed by
both "CITY" and "ARCHITECT ".
D. Independent Parties
"CITY" retains "ARCHITECT" on an independent contractor basis and "ARCHITECT"
is not an employee of the "CITY ". The manner and means of conducting the work
are under the control of "ARCHITECT ", except to the extent they are limited by
statute, rule or regulation and the express terms of this Agreement. No civil service
status or other right of employment with "CITY" will be acquired by virtue of
"ARCHITECT'S" services. None of the benefits provided by "CITY" to its employees,
including, but not limited to, unemployment insurance, worker's compensation
plans, vacation and sick leave, are available from "CITY" to "ARCHITECT ", its
employees or agents. Deductions shall not be made for any state or federal taxes, FICA
payments, PERS payments or other purposes normally associated with an employer -
employee relationship from any fees due "ARCHITECT ". Payments of the above
items, if required are the responsibility of "ARCHITECT ".
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E. Conformance to Applicable Requirement
All work prepared by "ARCHITECT' shall conform to applicable city,
county, state and federal requirements and be subject to approval of the 'Project
Administrator" and the City Council.
F. Confidentiality
The information which results from the services in this Agreement is
to be kept confidential unless the release of information is authorized by the "CITY ".
XV. CONFLICTS OF INTEREST
A. The "ARCHITECT' 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 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.
B. If subject to the "Act ", "ARCHITECT' shall conform to all
requirements of the "Act ". Failure to do so constitutes a material breach and is
grounds for termination of this Agreement by the "CITY ".
XVI. NONDISCRIMINATION
"ARCHITECT" represents and agrees that "ARCHITECT', its affiliates,
subsidiaries or holding companies do not and will not discriminate against any
subcontractor, consultant, employee or applicant for employment because of race,
religion, color, sex, handicap or national origin. Such nondiscrimination shall
include, but not be limited to, the following: employment, upgrading, demotion,
transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or
other forms of compensation and selection for training, including apprenticeship.
XVII. WAIVER
A waiver by "CITY" of any breach of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same
or a different character.
XVIII. HOLD HARMLESS
"ARCHITECT" agrees to indemnify, defend, save and hold harmless
"CITY ", its City Council, boards and commissions, officers and employees from and
against any and all loss, damages, liability, claims, suits, costs and expenses for
damages of any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damages, attorneys fees and court costs arising from any and
all negligent actions of "ARCHITECT', its employees, agents or subcontracts in the
performance of services or work conducted or performed pursuant to this Agreement.
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9
0
"ARCHITECT" shall indemnify and hold harmless "CITY ", its City
Council, boards and commissions, officers and employees from and against any and
all loss, damages, liability, claims, suits, costs and expenses for damages of any nature
whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all
persons, firms or corporations, furnishing or supplying work, services, materials,
equipment or supplies arising from or in any manner connected to the
"ARCHITECT'S" negligent performance of services or work conducted or performed
pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the first date above written:
APPROVED AS TO FORM:
Robin Flory
Assistant City Attorney
ATTEST:
��jGl�'� �dfJfJlbGd"�
Wanda Raggio VDU
City Clerk
15
CITY OF NEWPORT BEACH
a municipal corporation
7
Phil Sansone, Mayor
"CITY"
Paul J. Ruffing, A.I.A.
an Independent Contractor,
Paul Ruffing, Principal
"ARCHITECT"
Y�
•
TO:
FROM:
SUBJECT:
•
0
March 25, 1991
CITY COUNCIL AGENDA
MAR 2 5 1991 1 1 ITEM NO. F -3(a)
City Council
Public Works Department and Utilities Department
PROFESSIONAL SERVICES AGREEMENT WITH PAUL J. RUFFING,
A.I.A. FOR UTILITIES YARD IMPROVEMENTS (C- 28:nr&)
RECOMMENDATIONS:
Authorize the Mayor and the City Clerk to execute a
Professional Services Agreement with Paul J. Ruffing
A.I.A. to design Utilities Yard Improvements for a
fixed fee of $45,900.00.
DISCUSSION:
The 1990 -91 budget contains an appropriation of
$1,250,000 from the Water Fund as the first installment of a
proposed $2,750,000 three year program for 16th Street Reservoir
Site Improvements. The subject contract is to design buildings
and site improvements with an estimated total contract cost of
$2,100,000. Construction may be phased.
The contract provides a project budget of $2,400,000, as follows:
Design fees: $ 50,000
Construction contract: 2,100,000
Work by City 150,000
Miscellaneous & Contingent costs 100.000
Total $ 2,400,000
The plans proposed to be prepared under the subject agreement
include the following items:
1. Along 16th street property line: offices for the
parking meter function, a shell building for radio
station KOCM, and garages.
2. Along the north property line: additional garages, and
construction of offices and records storage facility in
corner of existing building.
o'V
Subject: Professional Services Agreement with Paul J. Ruffing,
A.I.A. for Utilities Yard Improvements (C -2824)
March 25, 1991
• Page 2
3. In the interior of the site: Structure to protect the
electrical panel, garages for seven trucks, welding
shop, small equipment shop, new water quality office,
convert existing water quality office back to garages,
and convert earthquake storage building to water meter
shop, loading bay and offices.
4. Site security. Entry gates with card key entry system
and vehicle sensing loops, and video camera
surveillance.
The improvements to be designed under this design
contract are shown on the attached sketch. Relocation of water
mains, valves and pumps is not a part of this design contract.
City forces will perform this work.
A master plan of improvements was prepared by HDR
• Engineering, Inc., and Anthony & Langford Architects, A.I.A.
After approval of the master plan, the staff invited three
selected firms, including Anthony & Langford, to submit
statements of qualifications to design the improvements. After
consideration of qualifications, the staff requested Paul
Ruffing, A.I.A. to submit a proposal.
Paul Ruffing is well qualified, having been a partner
for many years in the firm of Ficker and Ruffing which has
recently been dissolved. For the City, Ficker and Ruffing
designed the existing buildings at the Utilities Yard, the Santa
Barbara Avenue fire station, the warehouse at the Corporation
Yard, and a relocateable building at City Hall which has since
been moved. Since the dissolution of the Ficker & Ruffing
partnership, Paul Ruffing has completed plans for remodeling the
City jail.
a�tq�-' �2 kz
Benjamin B. Nolan
• Public Works Director
KLP:so
Attachment
JEFF STAtJ A9r
FoR.
Robert J. Dixon
Utilities Director
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