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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 • 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. 0 Discussion: 0 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 0 c-z9�-6 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. 1 • • 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. 2 0 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. • 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 ". 0 0 0 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. N7 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. 0 0 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. 7 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. r] 0 0 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. L•1 0 0 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. 10 9 0 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. 11 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. 12 9 0 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 ". 13 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. 14 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 E I -n ni rl 2. rD rD ci yl 1 FT7 EXHIBIT "All to W N — ra UP Sys 7=4� Oi 1 FT7 EXHIBIT "All to W N — ra UP Sys 7=4� y1 Oq 1 FT7 EXHIBIT "All to W N — ra UP Sys 7=4�