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HomeMy WebLinkAboutC-3004(Z) - Plans & Specifications for Utilities Yard - Phase II, Groundwater0 0 C - -30C F{ - =L AGREEMENT PROFESSIONAL ARCHITECTURAL SERVICES FOR DESIGN OF THE UTILITIES YARD EXPANSION - PHASE 11 THIS AGREEMENT is made and entered into this 26th day of August, 1996, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City ", and Paul J. Ruffing, a sole proprietor, hereinafter referred to as "Consultant'. RECITALS: 1. The City desires to secure an alternate source of reliable water for its municipal water system by implementing a Groundwater Development Project to construct water wells and delivery facilities to deliver potable water to its customers. 2. The City, as part of the Groundwater Development Project, created a Master Plan for design and construction of the various components that comprise the Utilities Yard. 3. The final stage of the Utilities Yard - Phase II completes the layout of the Utilities Master Plan. The design for this final stage requires the services of a qualified professional architect to provide these "Design Services ". 4. The City has solicited and received a proposal from Consultant for these Design Services, as well as to provide certian other essential professional services as outlined herein below. 5. City has reviewed the previous experience and has evaluated the expertise of Consultant and desires to enter into an agreement with Consultant. NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: • Oofessional Services Agreement Architectural Services Utilities Yard Expansion -Phase II 1. GENERAL A. City engages Consultant to perform the described services for the consideration hereinafter stated. B. Consultant agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. Consultant agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. Consultant shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the City. 2. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following listed professional services to City. A. Consultant shall provide the necessary services to complete the defined tasks associated with designing the changes required at the Utilities Yard -Phase ll, as shown on the Master Plan dated June 10, 1995. Those tasks for Building No. 6, covered storage and garage at bunker shall include the following: (1.) Design Phase a. Prepare preliminary layout of plans and elevations. b. Attend review meetings with Utilities staff. c. Meeting with Civil Engineer and Consultants d. Prepare preliminary cost estimates. e. Review final Design plans and cost estimate with Utilities. (2.) Construction Document a. Prepare architectural, structural, mechanical and electrical documents. b. Review plans and specifications with Utilities staff. c. Prepare up -dated cost estimate. d. Coordinate bid documents with City standard forms. e. Process plans through City Building Department for Plan Check. f. Assist City in obtaining bids from General Contractors. g. Review final bids with City staff. (3.) Construction Phase a. Attend periodic job meetings at the site. b. Review contractor submittals of shop drawings and samples. c. Respond to questions and clarifications. d. Review payment requests. e. Prepare final Punch List of correction items. • Wfessional Services Agreement Architectural Services Utilities Yard Expansion -Phase II (4.) Storage Building A pre- engineered metal building, that Consultant will prepare plans and specifications for the City to obtain bids from Building companies to design and erect. a. Consultant will assist City in review of submittals and construction. 3. DUTIES OF THE CITY In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. Provide background information, previously established design criteria, plans and other pertinent information, which may be germane to the proper preparation and completion of the Consultant's defined duties. B. Assist Consultant with interpretation of City standards and design criteria. Meet with Consultant as necessary to provide input or direction on matters pertaining to review of the above provided information. C. Provide blueprinting, CADD plotting, copying and other services through the City's reproduction company for all final reports. Consultant will be required to coordinate with City's Project Manager for reproduction work. D. City to provide Civil Engineering, Soils Engineering, building utilities and site improvements beyond five feet from the Building. 4. TIME OF COMPLETION Consultant shall commence work immediately upon receiving all pertinent information. Work as required herein, shall be completed in a diligent and efficient manner to the execution of its completion. The term of this Agreement shall expire thirty (30) calendar days after the date the project is completed and accepted by the City. It is agreed and understood by both parties, that this is sufficient time to complete all such activities and tasks associated with the Architectural Services. I .� i Z r i� I� I�: �9 : I I Z i] y� Z� Z fl� 1 �� i I�► � �y Original designs and other deliverable documents to be provided by Consultant under this Agreement shall become the exclusive property of City and may be reproduced as deemed necessary by City or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than the Phase II improvements, or any use of incomplete documents, shall be at City's sole risk, and City shall indemnify Consultant for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior written approval by City, unless required by subpoena. 3 • 06fessional Services Agreement Architectural Services Utilities Yard Expansion -Phase II Consultant may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the City and written permission must be obtained by Consultant from City on a case by case basis. Blanket publishing approval shall not be granted. Consultant is granted permission to show to prospective clients reports and data which have been accepted by City as prepared under this Agreement. 6. RIGHT OF TERMINATION A. City reserves the right to terminate this Agreement without cause at any time by giving Consultant five (5) business days prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to the Consultant's business office at 2701 Harbor View Drive, Corona del Mar, California 92625. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to City notifying City of it's substantial failure to perform in accord with the terms of this Agreement, if, the City has not corrected it's non - performance within that time. C. In the event of termination due to errors, omissions, or negligence of Consultant, City shall be relieved of any obligation to compensate Consultant for that portion of work directly affected by such errors, omissions, or negligence of Consultant. If this Agreement is terminated for any other reason, City agrees to compensate Consultant for the actual services performed up to the effective date of the "Notice of Termination ", on the basis of the fee schedule contained herein. 7. SUBCONTRACTORS AND ASSIGNMENT A. None of the services included in this Agreement shall be assigned, transferred, contracted or subcontracted without prior written approval of City. B. Neither Consultant nor City shall assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the other party; provided, however, that claims for money due or to become due Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. C. In the performance of this Architectural Services, Consultant may utilize the services of a private mechanical and electrical engineering firm and a structural engineering firm. Said mechanical and electrical firm, Glumac International and said structural engineering firm, SKT Consulting Engineers, hereinafter referred to as Subconsultant's, shall be directed and compensated by Consultant as if said firm were a direct employee of Consultant. (1.) Compensation for Subconsultant's services shall not be more thanseven thousand one hundred dollars ($7,100.00) and shall be paid in accord with the limits of the "not -to- exceed" fee listed herein below. No additional compensation shall be made therefor. 4 • 00fessional Services Agreement Architectural Services Utilities Yard Expansion -Phase II 8. PAYMENT AND FEE SCHEDULE A. In consideration for the specified services, City hereby agrees to compensate Consultant on an hourly basis as set forth below in the Payment & Fee Schedule. In no event shall said amount be greater than the amount of thirty thousand nine hundred and fifty dollars ($30,950.00), inclusive, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rate Architect - Principal .................................. ............................... $ 125.00 Project Architect ..................................... ............................... 95.00 Designer................................................. ............................... 75.00 Draftsman 5500 ............................................... ............................... Clerical................................................... ............................... 30.00 C. The contract amount shall be paid to Consultant in monthly partial payments based on the amount of hours worked and expenses incurred during each monthly pay period. D. In addition to the not -to- exceed fee, City agrees to reimburse Consultant for the actual cost (plus 10 %) for all outside expenses including those for: reproduction for copies of plans, reports and related documents, material costs authorized in advance by the Project Manager for City, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by City. (1.) Consultant shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a monthly basis. City agrees to pay Consultant within thirty (30) calendar days of the receipt of said records and hourly summary. (2.) Consultant shall not be compensated for use of Consultant's equipment, hardware, software materials, in -house reproduction and mileage. Said costs are non - compensable. Time expended by Consultant's personnel on such equipment shall be paid on the basis of the Fee Schedule herein. 9. RECORDS Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by City that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at all proper times upon reasonable notice to Consultant to such books and records, and gives City the right to examine and audit same, and to make transcripts therefrom as deemed necessary at City's cost, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. 5 00fessional Services Agreement Architectural Services Utilities Yard Expansion -Phase II i[iI!IM11M i; 81 A. On or before the date of execution of this Agreement, Consultant shall furnish City with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Consultant shall use the City's Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit Consultant's indemnification, and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled, non - renewed, except after thirty (30) days' written notice has been received by City. Coverage may not be reduced or otherwise materially altered without the same advance notice to the City of such alteration. B. Consultant shall maintain in force at all times during the performance of this Agreement, policies of insurance required by this Agreement; and said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "A" (or higher) and Financial Size Category "VII" (or larger) in accord with an industry-wide standard and shall be licensed to do business in the State of California. However, the minimum rating for the Consultant's Errors & Omissions carrier shall be "B + ", "VIII" or better. (1.) An appropriate industry-wide insurance rating standard shall be deemed "Best's Key Rating Guide ", latest edition. C. Consultant shall maintain the following minimum coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Amount Bodily Injury $ 1,000,000 each occurrence $ 1,000,000 aggregate Property Damage $ 1,000,000 each occurrence $ 1,000,000 aggregate Aggregate Limits A combined single limit policy with aggregate limits in the amount of one million dollars ($1,000,000) will be considered equivalent to the required minimum limits. Errors & Omissions Insurance Errors & Omissions coverage shall be provided in the amount of five hundred thousand dollars ($500,000). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any general liability insurer providing insurance to either Consultant or City with respect to the services of Consultant, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. • afessional Services Agreement Architectural Services Utilities Yard Expansion -Phase II E. Additional Insured City, its City Council, boards and commissions, officers and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to City primarily, and to Consultant secondarily, if necessary. 11. WAIVER A waiver by City or Consultant 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 different character. 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. 13. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 14. HOLD HARMLESS Consultant 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, whatsoever, including reasonable costs of litigation, arising from Consultant's negligent acts, errors or omissions, in the performance of services hereunder. VA • 00fessional Services Agreement Architectural Services Utilities Yard Expansion -Phase II IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: Rj • • FORM: i Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -8915 (714) 644 -3011 (714)646 -5204 (FAX) City of Newport Beach, a municipal corporation John Hedges, Mayor City x•111 J. RIFI ING, itle, Paul J. Ruffing, AIA Consultant w - -� Cq�7FOR��p. Paul J.Ruffing,AlA 2701 Harbor View Drive Corona del Mar, California 92625 (714)640 -0408 TEUFAX • F;._ CITY OF N6ti'PCnT EEHCri AUG 1 2':, August 12, 1996 . 1 CITY COUNCIL AGENDA APPIPIMM ITEM NO. 10 TO: MAYOR & MEMBERS OF THE CITY COUNCIL 1 v' FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PROFESSIONAL SERVICES AGREEMENTS FOR THE PREPARATION OF PLANS & SPECIFICATIONS FOR UTILITIES YARD - PHASE 11 IMPROVEMENTS (C- 3004 -Y & C- 3004 -Z) AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATION: Authorize the Mayor and City Clerk to execute Professional Services Agreements on behalf of the City, with DM` Engineering and Paul J. Fluffing, AIA to prepare detailed plans and specifications for construction of the remaining site improvements and buildings at the City's Utilities Yard for fees not to exceed $49,405 and $30,950, respectfully. DISCUSSION: A part of the Groundwater Development Project calls for increasing the size of the existing Utilities Yard to accommodate the new 3.0 million gallon underground concrete reservoir, 11,000 gpm pump station, and additional buildings and storage areas. The previously approved concept includes installation or replacement of lost storage areas, materials handling area, fuel storage, pipe storage, building extensions for additional garage space, and offices. The completion of the final phase will eliminate rented trailers and storage containers. The storage of equipment and materials which are currently left uncovered and exposed to the elements will be stored in covered areas. A temporary yard dirt storage area was arranged for in 1991 by leasing property from the Newport Mesa Unified School District ( NMUSD) across the street from the Utilities Yard (16th Street) at a cost of $300.00 per month. The existing eight (8) acre site is being utilized for all of the City's water and sewer pipe storage, street light storage, sand, gravel and asphalt materials storage, as well as all miscellaneous materials and equipment which currently can not be accommodated in the Utilities Yard because of the current 16th Street Reservoir and Pump Station activities. The area is also being utilized as a staging area for the various pipeline construction contracts for the Groundwater Development Project. The NMUSD is anxious for the City to vacate this property so they can lease the site for a much higher rate to other interested parties. To vacate the site, completion of the Utilities Yard Site Improvements will be necessary. • ail 0 • Page 2 Groundwater Development Project Utilities Yard - Phase II Improvements Design Contracts August 12, 1996 • Included as part of the 16th Street Reservoir and Pump Station project is the placement of the remaining backfill material over the newly constructed reservoir and around the pump station. Site improvements were not included in this contract. The remaining construction to be completed includes: final grading of the Utilities Yard to its new boundaries; installation of utilities; replacement of the concrete bunker storage area that was demolished to allow for construction of the reservoir; extension of an existing building; a new pre- fabricated storage structure; and the extension of access roadway around the site. During planning for the Groundwater Development Project, a master plan for the Utilities Yard was prepared with the assistance of DM` Engineering and Paul J. Ruffing, AIA. A copy of the site master plan is attached. As noted above, only the rough grading of the site will be completed by the reservoir and pump station contractor. The remaining portions will be designed under these two contracts. Construction for the remaining site work effort should begin around December 1996 and is estimated to cost $1,200,000. The attached Master Plan exhibit identifies the remaining areas of improvement that will be included in this design effort. Both firms, DM` Engineering and Paul J. Ruffing, AIA, have previously been involved with the Phase I and Phase II expansion of the Utilities Yard. DM` Engineering provided engineering services for the demolition, underground utilities and precise grading stages of Phase I. In addition, they prepared the interim mass grading and storm drain project for Phase II. Paul J. Ruffing, AIA provided architectural services for Phase I that included new buildings and modifications to existing buildings. In . addition, Mr. Ruffing has worked over the past several years evaluating the department's needs and was also involved in the original construction of the Utilities Yard during the late 1970's. DM` Engineering and Paul J. Ruffing, AIA each provided written proposals that were reviewed by the Utilities Engineer, Utilities Manager and the Public Works Director. The proposed Professional Services Agreements with DM` Engineering and Paul J. Ruffing, AIA provide for: preparation of a preliminary design study; preparation of detailed construction plans; written special provisions for project construction; and compilation of documents suitable for bidding and awarding a contract for construction. The schedule for completion of the overall project requires that the consultant's plans for this phase of the project be completed by November 1996. This phase of the Groundwater Development Project must be coordinated with the current reservoir and pump station construction which is approximately 75% complete. Construction of the final stage of the Utilities Yard - Phase II Improvements is proposed to begin late this winter. 0 Page 3 Groundwater Development Project Utilities Yard - Phase II Improvements Design Contracts August 12, 1996 RECOMMENDATION: The Public Works Committee met and discussed this action at their meeting on July 8, 1996, and forwarded a recommendation to the Council for approval. Funds are available for this design contract in the Water Fund under Capital Projects Account No. 7504- C5500095. Respectfully submitted, 009 PUBLIC WORKS DEPARTMENT Don Webb, Director By: M' hael J. Sinacori, P.E. Utilities Engineer MJS:sdi • Attachments: Utilities Yard Master Plan Professional Services Agreements for DW Engineering and Paul J. Buffing, AIA • vJtl— ,ia..W wm. uC —i0,z `Jw"Vld / 3PNLJ31WJdv VIV '9Mddns r lnVd■ �!I i 'a X2YM91tlGdM3 fOIyJ g51Np Y stlwram l u1sniuwJa ansnd N V l d U 3 IS V W — €a i;�PaB €asap €EdBFEE€ S _ — m \_' — \ -- -- i ! \N \ " i N V I d M 3 1 S V W sn S e 9a 7 �® _ N RE s' 2 i i • 0 9 0 0 AGREEMENT PROFESSIONAL SERVICES FOR ENGINEERING AS PART OF THE UTILITIES YARD EXPANSION - PHASE II (IN CONJUNCTION WITH THE GROUNDWATER DEVELOPMENT PROJECT) THIS AGREEMENT, effective as of August_, 1996, is entered into by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City ", and Derek J. McGregor, Inc. (dba DM° Engineering), a California Corporation, hereinafter referred to as "Consultant". RECITALS: A. The City desires to secure an alternate source of reliable water for its municipal water system by implementing a Groundwater Development Project to construct water wells and delivery facilities to deliver potable water to its customers. • B. The City desires, as a part of the Groundwater Development Project, engineering services for the final construction stage of the Utilities Yard Expansion -Phase II. C. The City requires the services of a qualified, professional engineering and land surveying consultant to provide and administer all of the listed services, hereinafter collectively referred to as "Engineering Services ". D. The City has solicited and received a proposal from Consultant for Engineering Services, as well as to provide certain other essential professional services, as outlined herein below. E. The City has reviewed the Consultant's previous experience and has evaluated the expertise of Consultant and desires to accept their proposal. NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: d 2. •Professional Services Agreement Engineering Services Utilities Yard Expansuin - Phase II - Page 2 GENERAL • A. The City engages Consultant to perform the described services for the consideration hereinafter stated. B. Consultant agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. Consultant agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. Consultant shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the City. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following listed professional services to City. A. Consultant shall provide the necessary means to complete the defined tasks associated with the Engineering services related top the Utilities Yard Expansion - Phase II Project. Those tasks include the following: (1.) Re- establish the Base Map Map will be based on the existing topographic map used for previous projects and additional survey of the entire site after completion of the • reservoir and pump station. (2.) Rough Grading The westerly portion of the Utilities Yard will have to be rough graded to the approximate finish surface elevations prior to any construction of buildings, retaining walls or other site improvements. Including, the area around the existing storm drain outlet structure must be regraded due to damage from last year's storms. (3.) Utilities Numerous underground utilities must be coordinated and installed prior to any construction of site improvements. Including, installation of a new on- site water system, relocation of a 12 -inch water main to the West Newport Oil Property, new sewer laterals and installation of electrical, telephone, gas, cable, air and future fiber optic conduits for Building No. 6 and future Building No. 7 and installation of new storm drain laterals. (4.) Retaining Walls A retaining wall system is to be installed for site grading of the lower concrete storage bunker area and access to the Utilities Yard. These walls range in height from 6 to 12 feet. A planter /retaining wall will be installed around the perimeter of the westerly portion of the Utilities Yard for site security. These walls should be installed prior to construction of . the buildings or site improvements. M Professional Services Agreement Engineering Services Utilities Yard Expansuin - Phase II - Page 3 0 (5.) Precise Grading Precise grading of the Utilities Yard was proposed for the finish surface of the parking areas, the top of the reservoir, the concrete storage bunker area, the areas between existing and proposed buildings and at the join locations to the existing asphalt concrete pavement. Also included, are new driveways along the extension of 16th Street and future access road, expansion of the existing westerly driveway, on -site curb and gutter, on- site ribbon gutters and catch basins. (6.) Street Improvements Street improvements for the extension of the southerly half of 16th Street and the easterly half of the future access road. Including, construction of curb and gutter and an aggregate base roadway for site access to the yard. (7.) Engineer's Cost Estimate and Project Specifications Engineer's cost estimate to be used for budget and bidding purposes and preparing project specifications per City requirements. (8.) Submittals and Permit Approvals Consultant will submit construction plans, specifications and engineer's • cost estimate for 50 %, 90% and 100& design reviews for approval by Utilities. The following describes each submittal: 50% Design Review: Consultant will submit a preliminary title sheet, second sheet (including vicinity map, location map, general notes and construction notes), preliminary construction plans and details sheets and a preliminary cost estimate. 90% Design Review: Consultant will submit plans, a refined cost estimate and preliminary special provisions, as well as addressing the 50% design review comments. Consultant will submit plans and special provisions to the City for their review and approval. Including, Building Department review and submittal to Public Works for approval and signature for the street improvements in 16th Street. 100% Design Review: Consultant will submit the final plans reflecting 90% design review corrections; a complete and detailed cost estimate on the contracotr's bid proposal form (with cost estimate backup detail); complete (and bound) special provisions, contract documents and any appendices necessary for final approval. Final Approval Review. Consultant will submit mylar originals with the Engineer's stamp and signature with original specifications reflecting 100% design review corrections; complete (and bound) special provisions, contract documents and any appendices fpr plan signatures by the Utilities • Engineer, Utilities Manager and the Public Works Director. 7 Professional Services Agreement Engineering Services Utilities Yard Expansuin - Phase II - Page 4 3. DUTIES OF THE CITY 0 In order to assist Consultant in the execution of their responsibilities under this Agreement, the City agrees to provide the following: A. Background information, reports, contracts, specifications, proposals or agreements as may be available or are in existence, which may be applicable to the proper preparation and completion of the Consultants defined duties. B. Assist Consultant with interpretation of the City standards and design criteria. C. Review plans, specifications and other documentation provided by Consultant relative to the Engineering Services in a timely fashion. D. Provide blueprinting, copying and other services through the City's reproduction company. 4. OWNERSHIP OF DOCUMENTS A. Original drawings, reports and other deliverable documents to be provided by Consultant under this Agreement shall become the exclusive property of the City and may be reproduced as deemed necessary by the City or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than the Groundwater Development Project, or any use of incomplete documents, shall be at the City's sole risk, and the City shall indemnify Consultant for any damages incurred as a result of such use. • No report, drawing, map, document or other data given to, prepared, or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior written approval of the City, unless required by subpoena. B. Consultant may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the City and written permission must be obtained by Consultant from the City on a case by case basis. Blanket publishing approval shall not be granted. C. Consultant is granted permission to show prospective clients reports and data which have been accepted by the City as prepared under this Agreement. RIGHT OF TERMINATION A. The City reserves the right to terminate this Agreement without cause at any time by giving Consultant five (5) business days prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to the Consultant's business office at 18 Technology Drive, Suite 100, Irvine, California 92718. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to the City notifying the City of it's substantial failure to perform in accord with the terms of this Agreement, if the City has not corrected its non- performance within that time. • • Professional Services Agreement Engineering Services Utilities Yard Expansion - Phase It - Page 5 • C. In the event of termination due to errors, omissions or negligence of Consultant, the City shall be relieved of any obligation to compensate Consultant for that portion of work directly affected by such errors, omissions or negligence of Consultant. If this Agreement is terminated for any other reason, the City agrees to compensate Consultant for the actual services performed up to the effective date of the "Notice of Termination ", on the basis of the fee schedule contained herein. 6. SUBCONSULTANT AND ASSIGNMENT A. None of the services included in this Agreement shall be assigned, transferred, contracted or subcontracted without prior written approval of the City. B. Neither Consultant nor the City shall assign or transfer any interest in this Agreement, whether by assignment or novation, without prior written consent of the other party; provided, however, that claims for money due or to become due Consultant from the City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to the City. 7. PAYMENT & FEE SCHEDULE A. In consideration for the specified services, the City hereby agrees to compensate Consultant on an hourly basis as set forth below in the Payment & Fee Schedule. In no event shall said amount be greater than forty -nine thousand four hundred and five dollars ($49,405), except as otherwise provided for herein below. B. PAYMENT & FEE SCHEDULE personnel hourly rates Principal................................................. ............................... $ 110.00 ProjectManager .................................... ............................... 85.00 Project Engineer .................................... ............................... 75.00 ProjectSurveyor .................................... ............................... 75.00 Senior Engineer ..................................... ............................... 75.00 DesignEngineer .................................... ............................... 65.00 Associate Engineer .............................. ............................... 65.00 CAD Operator /Draftsperson .................. ............................... 55.00 Specification Typist ................................ ............................... 35.00 Survey (3 -man) Crew ............................ ............................... 160.00 Survey (2 -man) Crew ............................ ............................... 140.00 Survey (1 -man) Crew ............................ ............................... 85.00 C. The contract amount shall be paid to Consultant in monthly partial payments based on the amount of hours worked and expenses incurred during each • monthly pay period. A q • •Professional Services Agreement Engineering Services Utilities Yard Expansuin - Phase II - Page 6 D. In addition to the fixed, not -to- exceed fee, the City agrees to reimburse • Consultant for the actual cost (plus 10 %) for all outside expenses, including those for: reproduction for copies of plans, reports and related documents, material costs authorized in advance by the City's Project Manager, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. (1.) Consultant shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a monthly basis. The City agrees to pay Consultant within thirty (30) calendar days receipt of said records and hourly summary. (2.) Consultant shall not be compensated for use of Consultant's equipment, hardware, software materials, in -house reproduction and mileage. Said costs are non - compensable. Time expended by Consultant personnel on such equipment shall be paid on the basis of the Fee Schedule herein. 8. RECORDS Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at all proper times upon reasonable notice to Consultant to such books and records, and gives the City the right to examine and audit same, and to make transcripts therefrom as deemed necessary at the City's cost, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. 9. INSURANCE A. On or before the date of execution of this Agreement, Consultant shall furnish the City with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Consultant shall use the City's Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit Consultant's indemnification and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled, non - renewed, except after thirty (30) days' written notice has been received by the City. Coverage may not be reduced or otherwise materially altered without the same advance notice to the City of such alteration. B. Consultant shall maintain in force at all times during the performance of this Agreement, policies of insurance required by this Agreement; said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "A" (or higher) and Financial Size Category "VII" (or larger) in accord with an industry-wide standard and shall be licensed to do business in the State of California. However, the minimum rating for the Consultant's Errors & • Omissions carrier shall be "B + ". "VIII" or better. /Z • Professional Services Agreement Engineering Services Utilities Yard Expansuin - Phase II - Page 7 (1.) An appropriate industry-wide insurance rating standard shall be deemed "Best's Key Rating Guide ", latest edition. C. Consultant shall maintain the following minimum coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Bodily Injury Property Damage Aggregate Limits Amount $ 1,000,000 each occurrence $ 1,000,000 aggregate $ 1,000,000 each occurrence $ 1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of one million dollars ($1,000,000) will be considered equivalent to the required minimum limits. Errors & Omissions Insurance Errors & Omissions coverage shall be provided in the amount of one million dollars ($1,000,000). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to the City on behalf of any general liability insurer providing insurance to either Consultant or the City with respect to the services of Consultant, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. E. Additional Insured The City, its City Council, boards and commissions, officers, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to Consultant secondarily, if necessary. • Professional Services Agreement Engineering Services Utilities Yard Expansuin - Phase II - Page 8 11. WAIVER • A waiver by the City or Consultant 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 different character. 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable costs of litigation. 13. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Consultant. 14. HOLD HARMLESS Consultant shall indemnify and hold harmless, the City, its City Council, boards • and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation arising from Consultant's negligent acts, errors or omissions in the performance of the services hereunder. • 0 Professional Services Agreement Engineering Services utilities Yard Expansuin - Phase II - Page 9 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Clauson Assistant City Attorney • ATTEST: LaVonne Harkless City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 . Newport Beach, California 92658 -8915 (714) 644 -3011 (714) 646 -5204 FAX City of Newport Beach, a municipal corporation John Hedges, Mayor "City" Derek J. McGregor, Inc., dba DM` Engineering a California Corporation Derek J. McGregor, Principal "Consultant" DMc Engineering 18 Technology Drive, Suite 100 Irvine, California 92718 (714) 753 -9393 (714) 753 -9322 FAX E 0 0 AGREEMENT 0 PROFESSIONAL ARCHITECTURAL SERVICES FOR DESIGN OF THE UTILITIES YARD EXPANSION - PHASE II THIS AGREEMENT is made and entered into this day of August, 1996, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City ", and Paul J. Ruffing, a sole proprietor, hereinafter referred to as "Consultant". RECITALS: 1. The City desires to secure an alternate source of reliable water for its municipal water system by implementing a Groundwater Development Project to construct water wells and delivery facilities to deliver potable water to its customers. 2. The City, as part of the Groundwater Development Project, created a Master Plan for design and construction of the various components that comprise the Utilities Yard. • 3. The final stage of the Utilities Yard - Phase II completes the layout of the Utilities Master Plan. The design for this final stage requires the services of a qualified professional architect to provide these "Design Services ". 4. The City has solicited and received a proposal from Consultant for these Design Services, as well as to provide certian other essential professional services as outlined herein below. 5. City has reviewed the previous experience and has evaluated the expertise of Consultant and desires to enter into an agreement with Consultant. NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 0 4 11 11 • 0 1. GENERAL 0 Professional Services Agreement Paul J. Rufring, AIA June,1995 A. City engages Consultant to perform the described services for the consideration hereinafter stated. B. Consultant agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. Consultant agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. Consultant shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the City. 2. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following listed professional services to City. A. Consultant shall provide the necessary services to complete the defined tasks associated with designing the changes required at the Utilities Yard. Those tasks include the following: (1.) Design Phase a. Prepare preliminary layout of plans and elevations. b. Attend review meetings with Utilities staff. c. Meeting with Civil Engineer and Consultants d. Prepare preliminary cost estimates. e. Review final Design plans and cost estimate with Utilities. (2.) Construction Document a. Prepare architectural, structural, mechanical and electrical documents. b. Review plans and specifications with Utilities staff. c. Prepare up -dated cost estimate. d. Coordinate bid documents with City standard forms. e. Process plans through City Building Department for Plan Check. f. Assist City in obtaining bids from General Contractors. g. Review final bids with City staff. (3.) Construction Phase a. Attend periodic job meetings at the site. b. Review contractor submittals of shop drawings and samples. c. Respond to questions and clarifications. d. Review payment requests. e. Prepare final Punch List of correction items. 2 i� 0 4. 5. Professional Services Agreement Paul J. Ruffing, AIA June, 1995 (4.) Storage Building • A pre- engineered metal building, that Consultant will prepare plans and specifications for the City to obtain bids from Building companies to design and erect. a. Consultant will assist City in review of submittals and construction. DUTIES OF THE CITY In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. Provide background information, previously established design criteria, plans and other pertinent information, which may be germane to the proper preparation and completion of the Consultant's defined duties. B. Assist Consultant with interpretation of City standards and design criteria. Meet with Consultant as necessary to provide input or direction on matters pertaining to review of the above provided information. C. Provide blueprinting, CADD plotting, copying and other services through the City's reproduction company for all final reports. Consultant will be required to coordinate with City's Project Manager for reproduction work. D. City to provide Civil Engineering, Soils Engineering, building utilities and site • improvements beyond five feet from the Building. TIME OF COMPLETION Consultant shall commence work immediately upon receiving all pertinent information. Work as required herein, shall be completed in a diligent and efficient manner to the execution of its completion. The term of this Agreement shall expire thirty (30) calendar days after the date the remodel of the Administration Building is completed and accepted by City. It is agreed and understood by both parties, that this is sufficient time to complete all such activities and tasks associated with the Architectural Services. OWNERSHIP OF DOCUMENTS Original designs and other deliverable documents to be provided by Consultant under this Agreement shall become the exclusive property of City and may be reproduced as deemed necessary by City or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than the remodel of the Administration Building, or any use of incomplete documents, shall be at City's sole risk, and City shall indemnify Consultant for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior written approval by City, unless . required by subpoena. J," Professional Services Agreement Paul J. Ruffing, AIA • June, 1995 Consultant may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the City and written permission must be obtained by Consultant from City on a case by case basis. Blanket publishing approval shall not be granted. Consultant is granted permission to show to prospective clients reports and data which have been accepted by City as prepared under this Agreement. 6. RIGHT OF TERMINATION A. City reserves the right to terminate this Agreement without cause at any time by giving Consultant five (5) business days prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to the Consultant's business office at 2701 Harbor View Drive, Corona del Mar, California 92625. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to City notifying City of it's substantial failure to perform in accord with the terms of this Agreement, if, the City has not corrected it's non - performance within that time. C. In the event of termination due to errors, omissions, or negligence of Consultant, City shall be relieved of any obligation to compensate Consultant for that portion of • work directly affected by such errors, omissions, or negligence of Consultant. If this Agreement is terminated for any other reason, City agrees to compensate Consultant for the actual services performed up to the effective date of the "Notice of Termination ", on the basis of the fee schedule contained herein. 7. SUBCONTRACTORS AND ASSIGNMENT A. None of the services included in this Agreement shall be assigned, transferred, contracted or subcontracted without prior written approval of City. B. Neither Consultant nor City shall assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the other party; provided, however, that claims for money due or to become due Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. C. In the performance of this Architectural Services, Consultant may utilize the services of a private mechanical and electrical engineering firm and a structural engineering firm. Said mechanical and electrical firm, Glumac Internationald and said structural engineering firm, SKT Consulting Engineers, hereinafter referred to as Subconsultant's, shall be directed and compensated by Consultant as if said firm were a direct employee of Consultant. (1.) Compensation for Subconsultant's services shall not be more thanseven • thousand one hundred dollars ($7,100.00) and shall be paid in accord with the limits of the "not -to- exceed" fee listed herein below. No additional compensation shall be made therefor. i� E] A 0 PAYMENT AND FEE SCHEDULE Professional Services Agreement Paul J. Ruffing, AIA June, 1995 In consideration for the specified services, City hereby agrees to compensate Consultant on an hourly basis as set forth below in the Payment & Fee Schedule. In no event shall said amount be greater than the amount of thirty thousand nine hundred and fifty dollars ($30,950.00), inclusive, except as otherwise provided for herein below. A. PAYMENT AND FEE SCHEDULE personnel hourly rate Architect - Principal .................................. ............................... $ 125.00 Project Architect ..................................... ............................... 95.00 Designer................................................. ............................... 75.00 Draftsman............................................... ............................... 55.00 Clerical................................................... ............................... 30.00 B. The contract amount shall be paid to Consultant in monthly partial payments based on the amount of hours worked and expenses incurred during each monthly pay period based on the actual hours of labor expended as approved by the Project Manager for City. The sum of the partial payments shall not exceed ninety percent (90 %) of the maximum fee as set forth in paragraph "A" herein above. The balance of the total amount earned shall be paid upon completion of the work specified herein. C. In addition to the not -to- exceed fee, City agrees to reimburse Consultant for the actual cost (plus 10 %) for all outside expenses including those for: reproduction for copies of plans, reports and related documents, material costs authorized in advance by the Project Manager for City, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by City. (1.) Consultant shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a monthly basis. City agrees to pay Consultant within thirty (30) calendar days of the receipt of said records and hourly summary. RECORDS Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by City that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at all proper times upon reasonable notice to Consultant to such books and records, and gives City the right to examine and audit same, and to make transcripts therefrom as deemed necessary at City's cost, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. • • • • • Professional Services Agreement Paul J. Ruffing, AIA June, 1995 10. INSURANCE A. On or before the date of execution of this Agreement, Consultant shall furnish City with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Consultant shall use the City's Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit Consultant's indemnification, and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled, non - renewed, except after thirty (30) days' written notice has been received by City. Coverage may not be reduced or otherwise materially altered. B. Consultant shall maintain in force at all times during the performance of this Agreement, policies of insurance required by this Agreement; and said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "A" (or higher) and Financial Size Category "VII" (or larger) in accord with an industry-wide standard and shall be licensed to do business in the State of California. However, the minimum rating for the Consultant's Errors & Omissions carrier shall be "B + ", "VIII" or better. (1.) An appropriate industry-wide insurance rating standard shall be deemed "Best's Key Rating Guide ", latest edition. C. Consultant shall maintain the following minimum coverages: • Errors & Omissions Insurance Professional liability and Errors & Omissions coverages shall be provided in the amount of five hundred thousand dollars ($500,000). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any general liability insurer providing insurance to either Consultant or City with respect to the services of Consultant, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. E. Additional Insured City, its City Council, boards and commissions, officers and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense • covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to City primarily, and to Consultant secondarily, if necessary. Professional Services Agreement Paul J. Ruffing, AIA June, 1995 11. WAIVER • A waiver by City or Consultant 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 different character. 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing parry all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. 13. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 14. HOLD HARMLESS • Consultant 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, whatsoever, including reasonable costs of litigation, arising from Consultant's negligent acts, errors or omissions, in the performance of services hereunder. • 0 • • Professional Services Agreement Paul J. Ruffing, AIA June, 1995 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Clauson Assistant City Attorney • ATTEST: Address and Telephone: City of Newport Beach • 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -8915 (714) 644 -3011 (714)646 -5204 (FAX) City of Newport Beach, a municipal corporation Kevin J. Murphy, City Manager "City" Paul J. Ruffing, AIA, a Sole Proprietor Paul J. Ruffing, AIA "Consultant" Paul J. Ruffing, AIA 2701 Harbor View Drive Corona del Mar, California 92625 (714)640-0408 TEUFAX c��