Loading...
HomeMy WebLinkAboutC-3888 - OASIS Senior Center Project - Amendment No. Two0 0 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE, ARCHITECT + ASSOCIATES FOR OASIS SENIOR CENTER PROJECT THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this urn` day of T 1 2edT by and between the CITY OF NEWPORT BEACH, a Municipal Corporate n ( "CITY "), and ROBERT R. COFFEE, ARCHITECT + ASSOCIATES, a partnership whose address is 1470 Jamboree Road #200, Newport Beach. California 92660 ( "CONSULTANT), and is made with reference to the following: RECITALS: A. On October 23, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for design and construction administration services for the new Oasis Senior Center, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into ONE separate AMENDMENT of the AGREEMENT, dated April 22, 2009, C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or prior AMENDMENT, and to increase the total compensation D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of 0 Ll Billing Rates attached to the AGREEMENT. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million, Six Hundred Forty -Eight Thousand, Nine Hundred Eighty -Two Dollars and 501100 ($1,648,982.50) without prior written authorization from City, 2.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty -Six Thousand, Eight Hundred Sixty -Two Dollars and 55/100 ($26,862.55), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: 'Z PyneM D. e u hamp, Assistant City A mey ATTEST: By �4a Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corpora n G. Badum, r of Public Works ROBERT R. COFFEE, ARCHITECT + ASSOCIATES: By: Robert R. Coffee/ Principal Owner Attachment: Exhibit A — Additional Services to be Performed 2 0 m D • RC A+A December 10, 2009 Mr. David Webb Deputy Public Works Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 RE: ADDITIONAL SERVICES REQUEST OASIS SENIOR CENTER Dear David, 0 Robed R. Coffee Architect Aesoclale9 We are submitting this request for additional architectural and engineering design and documentation services. The additional services have been outlined below for your review: Architect: Additional Services 1. Research, design documentation and specifications for the entry canopy. $10,000.00 2. Reimbursable Allowance Increase: $6,000.00 Total Architectural Add Service: $16,000.00 Structural Engineer: 1. Provide structural design and calculations for the entry canopy. Total Structural Engineering Add Service: $8,000.00 Permanent Shoring Engineering (2amborelll Drilling Enterprises) 1. Revisions to Engineering Calculations and Design for the Permanent Earth Shoring System as per Plan Check Comments. Total Permanent Shoring Engineering Add Service: $2,862.55 Summary of Additional Professional Services: Architect. $16,000.00 Structural Engineer: $8.000.00 Permanent Shoring Enaineerina: $2.862.55 Total Professional Fee Add Service: $26,862.55 • RCA'+"A 0 .. ... . .. .. .. .. ....... .............. ......................... .... Robert R. Coffee Archhecl + Asaocistea We look forward to continuing our work on this exciting project. If you have any questions or need additional clarification, please give me a call. Sincerely, // Robert R, Coffee Principal • 0 c -3891 PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE, ARCHITECT + ASSOCIATES FOR OASIS SENIOR CENTER PROJECT THIS AGREEMENT is made and entered into as of this 23RD day of October 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and ROBERT R COFFEE, ARCHITECT + ASSOCIATES a partnership, whose address is 1470 Jamboree Road, # 200, Newport Beach California 92660 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct a new OASIS Senior Center. C. City desires to engage Consultant to prepare design development construction documents, bidding and construction administration. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Robert R. Coffee. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. • 0 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Four Hundred and Ninety Six Thousand Six Hundred Dollars and no1100 ($1,496,600) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be 2 • • limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated ROBERT R. COFFEE to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEVE BADUM shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 0 volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. i 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. n 9 0 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 7 • • V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venture or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 93 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 0 0 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 10 0 0 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right . to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Steve Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 11 0 0 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Robert R. Coffee Robert R. Coffee, Architect + Associates 1470 Jamboree Road, #200 Newport Beach, CA 92660 Phone: 949 - 760 -8668 Fax: 949 - 759 -9381 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 9 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: In LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation in Mayor for the City of Newport Beach CONSULTANT: L0 Robert R. Coffee Title:Owner Print (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: %userslpbwlshared\agreements\fy 07 -08 \coffee oasis.doc 14 0 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: C C"L" (pP/ it Attorney for the City of Newport Beach ATTEST: City Clerk CITY OF NEWPORT BEACH, A Meal r6flomation Mayor for the City of Newport CONSULTANT: Title:Owner Print Name: Avges T 12- - By: 001. _ (Financial ffreer) Title: Print Name: /orj -Ay A • Q°�Cwez;— Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates 14 0 0 Robert R. Coffee, Architect + Associates Telephone (949) 760 -8668 Fax (949) 759 -9381 1470 Jamboree Road Suite 200 Newport Beach, CA 92660 OASIS SENIOR CENTER EXHIBIT A SCOPE OF SERVICES for DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS, BIDDING AND CONSTRUCTION ADMINISTRATION PROJECT DESCRIPTION The project includes a new 36,409 SF one -story Senior Center building and all site work on a 5 acre site located at the comer of Marguerite Avenue and Fifth Avenue in Corona Del Mar, CA. The design of the project is described and illustrated in the Conceptual Design package presented to the City Council and approved on September 25, 2007. The Project Team will design the project with the goal of obtaining a LEER Certification of Silver. PROJECTSCHEDULE The anticipated Project Schedule is as follows: Design Development November 2007 -March 2008 Construction Documents April 2008 - September 2008 Bidding October 2008- November 2008 Construction December 2008- February 2010 KEYPERSONNEL Robert Coffee Principal Jean Stolzman Project DesigMManagement Reggie YVllson Project Architect The Scope of Work will be accomplished in four phases as outlined below. PHASE I - DESIGN DEVELPOMENT SERVICES The Architect shall provide the following services necessary to prepare Design Development Documents consisting of drawings and other documents defining the development of the architectural and engineering component of the project for submittal to the City of Newport Beach. Design development will be based on the requirements and criteria developed and approved in the Conceptual Design package presented to the City Council on September 25, 2007. The following descriptions shall apply to those services: Robert R. Coffee Architect + Associates 0 0 1.01 Project Administration services including: A. Consultation. B. Data Collection /Research. C. Conferences and meetings. D. Meeting minutes. 1.02 Disciplines Coordination /Document Checking services including: A. Coordination between the architectural work and the work of engineering and other involved disciplines for the project. B. Review and checking of documents prepared for this phase of work. 1.03 City of Newport Beach /Approval services including: A. Five meetings with City Staff B. Research of applicable codes and regulations. C. Preparation of written and graphic explanatory materials. D. Identify design /construction alternatives for value engineering. 1.04 Architectural and Interior Design/Documentation services consisting of the preparation of drawings and specifications based on the approved schematic design documents. A. Detailed Technical Site Plan. B. Detailed and dimensioned Building Floor Plan. C. Building Roof Plan. D. Building Sections and Elevations. E. Preliminary Floor Finish Plan. F. Preliminary Door and Window Schedules. G.. Preliminary selection of building materials and color. H. Complete outline specifications of building systems and materials. 1.05 Civil Engineering services including: 1.06 1.07 A. Preliminary site grading plan. B. Preliminary site utility plan. Landscape Architectural Design/Documentation services responding to site program needs and requirements and consisting of the preparation of: A. Site Development Plan. B. Preliminary Tree Planting Plan. C. Preliminary Shrub and Groundcover Plan. D. Handscape Plan. E. Preliminary Fountain Details. Structural Engineering /Documentation services consisting of: A. Proposed foundation systems. B. Proposed framing systems. C. Preliminary Structural Details. Robert R. Coffee Architect + Associates 1.08 Mechanical /Plumbing Engineering services consisting of: A. Preliminary system design. B. Preliminary duct layout with zones and thermostat locations C. Preliminary sources and routing of utilities and meter locations. 1.09 Electrical Engineering/Documentation services consisting of: A. Preliminary Lighting Plan, B. Preliminary Power and Signal Plan. C. Location of panels, switch gear, meter and back -up generator. 1.10 Audio - Visual /Acoustic Engineering services consisting of: A. Preliminary audio - visual engineering power plan for all rooms. B. Preliminary acoustical engineering plan for both main event rooms. 1.11 Food Service Planning services consisting of: A. Preliminary kitchen layout for full service kitchen. B. Identification of all equipment. 1.12 Signage and Graphic Design A. Preliminary / Site and Building Signage Plan. B. Preliminary Signage Types and Signage Design. 1.13 Project Manual Preparation /Materials Research /Specifications services consisting of: A. Identification of potential architectural materials, systems and equipment. B. Coordination of similar activities of other disciplines. PHASE 2 - CONSTRUCTION DOCUMENTATION SERVICES The Architect shall provide construction documents consisting of drawings, specifications and other documents setting forth in detail the requirements for construction of the project and bidding and contracting for the construction of the project for submittal to the City of Newport Beach Building Department. The following descriptions shall apply to those services. 2.01 Project Administration services including; A. Consultation. B. Data Collection /Research. C. Conferences and meetings. D. Meeting minutes. E. Direction of the work of in -house architectural team. 2.02 Discipline Coordination/Document Checking: A. Coordination between the architectural and interior design work and the work of engineering and other involved disciplines for the project. B. Review and checking of documents prepared for the project by all disciplines. Robert R. Coffee Architect + Associates 2.03 Agency Consulting /Review /Approval A. Agency consultations. B. Confirmation of applicable regulations. C. Obtain building permit. 2.04 Architectural and Interior Design Documentation services consisting of the preparation of drawings and specifications based on the approved Design Development Documents setting forth in detail the architectural and interior design requirements for the construction of the project. 2.05 Civil Engineering Design Documentation services consisting of the preparation of final grading, drainage and utility calculations, drawings and specifications setting forth in detail the civil engineering requirements for the construction for the project. 2.06 Landscape Design /Documentation services consisting of the preparation of drawings and specifications setting forth in detail the landscape requirements for the construction of the project. 2.07 Structural Engineering Design Documentation services consisting of the preparation of final structural calculations, drawings and specifications setting forth in detail the structural engineering requirements for the construction for the project. 2.08 Mechanical/Plumbing Engineering Design Documentation services consisting of the preparation of final mechanical /plumbing calculations, drawings and specifications setting forth in detail the mechanicallplumbing engineering requirements for the construction of the project. 2.09 Electrical Engineering Design Documentation services consisting of the preparation of final electrical calculations, drawings and specifications setting forth in detail the electrical engineering requirements for the construction of the project. 2.10 Audio - Visual /Acoustic Engineering Documentation services consisting of the preparation of final audio - visual engineering and acoustic engineering documents setting forth in detail the audio - visual and acoustical requirements for the project. 2.11 Kitchen Equipment Documentation services consisting of the preparation of the final kitchen equipment documents setting forth in detail the requirements for the project. 2.12 Signage and Graphic Design Documentation describing general conditions to the contract, instruction to bidders, special requirements, materials, systems and equipment, workmanship, quality and performance criteria for the construction of the project. 2.13 Development and Preparation of Project Manual describing general conditions to the contract, instruction to bidders, special requirements, materials, systems and equipment, workmanship, quality and performance criteria for the construction of the project. Robert R. Coffee Architect + Associates 9 . • PHASE 3 - BIDDING SERVICES The Architect will assist the Project Contract and Bid Administrator in obtaining bids. 3.01 Project Administration services including: A. Consultation. B. Review of Bids. C. Conferences. 3.02 Bidding Materials services consisting of assisting Project Contract and Bid Administrator in organizing and handling Bidding Documents for: A. Distribution to the required vendors. B. Coordination and Reproduction. C. Completeness Review. 3.03 Addenda services consisting of preparation and distribution of Addenda as may be required during bidding or negotiation and including supplementary drawings, specifications, instructions and notices of changes in bidding schedule and procedure. 3.04 Bidding /Negotiations services consisting of; A. Assistance in establishing a list of Bidders. B. Pre - qualification of Bidders. C. Participation in pre -bid conferences. D. Responses to questions from Bidders and Bidding Documents. E. Analysis of alternates and substitutions. F. Attendance at bid opening. clarifications or interpretations of the PHASE 4- CONSTRUCTION CONTRACT ADMINISTRATION SERVICES The Architect shall provide the following services for the administration of the construction contract. 4.01 Project Administration services consisting of; A. Consultation. B. Research. C. Conferences. 4.02 Office Construction Administration services consisting of: A. Processing of submittals, including receipt, review of, and appropriate action on shop drawings, product data, samples and other submittals required by the Contract Documents. B. Distribution of Submittals to City and Contractor as required. C. Maintenance of master file of submittals. D. Related communications. Robert R. Coffee Architect + Associates 4.03 Construction Field Observation services consisting of visits to the site at job meetings (once per week) to become generally familiar with the progress and the quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents, and preparing related reports and communications. 4.04 Supplemental Documents services consisting of preparation, reproduction and distribution of supplemental Drawings, Specifications and interpretations in response to request for clarification by Contractor or the City and as required by construction emergencies. 4,05 Construction Change Directives /Change Orders services consisting of preparation and distribution of Drawings and Specifications to describe work to be added, deleted or modified. Review of proposals from Contractor relative to changes in time for Substantial Completion. 4.06 Project Closeout services initiated upon notice from the Contractor that the Work is sufficiently complete to permit occupancy or utilization. This task will include a detailed inspection with the City's representative for the conformity of the Work to the Contract Documents and the verification of the items to be completed or corrected by the Contractor. 4.07 Prepare Record Drawings by updating original CADD drawings. The Architect will update all original Bid Set Drawings with all revisions and modifications issued by an Addendum or Bulletin and provide the City with a CD in AutoCadd format of the final 'Record Set'. The Architect will provide the selected Contractor with a set of reproducible drawings of the Bid Set and the Contractor will be responsible to record all "field changes" from the drawings as issued in the Bid Set and any Addendum or Bulletin Sets. Respectively Submitted: Robert R. Coffee Principal Robert R. Coffee Architect + Associates 0 0 Robert R. Coffee, Architect + Associates Telephone (949) 760 -8668 Fax (949) 759 -9381 1470 Jamboree Road Suite 200 Newport Beach, CA 92660 OASIS SENIOR CENTER EXHIBIT B PROFESSIONAL SERVICES FEE for ARCHITECTURE/ENGINEERING AND INTERIOR DESIGN SERVICES PROFESSIONAL SERVICES FEE: The total scope of work outlined in Exhibit A, Scope of Work shall be provided for a fixed fee of $1, 496,600.00 including reimbursable expenses. REIMBURSABLE EXPENSES ESTIMATE: Not to Exceed: $30,000.00 Reimbursable expenses are difficult to predict and as such RCA +A reserves the right to request the City to increase this amount if necessary. RCA +A will bill all reimbursable expenses separately and provide the City with a copy of all expenses for review with each billing. In an effort to keep the reimbursable expenses within the amount listed, RCA +A will provide the City with one reproducible copy for the printing of all Review Sets, Bid Sets, Addendum, and Bulletins including all drawings and specifications. Reimbursable expenses will include: 1. Plotting and Document Reproduction 2. Postage and Overnight Mail 3. Deliveries 4. Fax Transmissions 5. Photography and film development 6. Models and Renderings 7. Travel outside of Orange County 8. All governmental agency fees TOTAL FEE PROPOSAL: Professional Services Fee: $1,466,600.00 Reimbursable Expense: $30.000.00 Total Fee: $1,496,600.00 Billings shall be submitted at the first of each month for work completed. Payment of services to be in accordance with Section 4.1 of the Professional Services Agreement. CONSULTANT SERVICES Consultant services included in this fee proposal are: Structural Engineer Electrical Engineer Mechanical/Plumbing Engineer Civil Engineer Landscape Architect Signage /Graphics Designer Audio - Visual Designer and Engineer Food Service Design Consultant Specification Writer LEED Consultant ADDITIONAL SERVICES If, after a design decision has been approved, the Client or Contractor makes a decision for which its proper execution involves additional services and expense for changes in or additions to the drawings, specifications, or other documents; or if the Architect incurs labor or expense by delays or insolvency of either, the Architect is to be equitably paid by the ClienUOwner for such additional service and expense. In accordance with Section 4.3 of the Professional Services Agreement, additional services will be billed in accordance with the following Schedule of Billing Rates. Principal: $170.00 /hour Project Architect: $130.00 /hour Project Designer/Manager: $110.00 /hour Job Captain: $85.00 /hour Drafting: $50.00 1hour Clerical: $30.00 1hour SERVICES NOT INCLUDED 1. Soils or geology determinations and soils investigations. 2. Furniture and Moveable Equipment Specifications and Bid Package. 3. Security System Design. 4. Technology System Design. 5. Commissioning for LEED Certification. 6. Cost Estimating Services. Robert R. Coffee Architect + Associates C7 7 CARD CERTIFICATE OF LIABILITY INSURANCE DATE 2312"M2007 Ziu ER (949)833 -7I26 FAX (949)833 -7I27 Insurance Office of America, Inc. OBA IOA Insurance Services One Park Plaza, Suite 600 Irvine, CA 92614 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 8 INSURED Robert R. Coffee Architect + Associates 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 INSURERA. Everest National Insurance Cc B INSURERS: Valley Forge Insurance Company GENERAL LIABILITY • COMMERCIALGENFRAL LIABILITY CLAIMS MAUE ❑ OCCUR X Additional Insur88 INSURERC: 0312712007 NSURER O EACHoccuRRENCE NSURER E. DAMAGE TO RENTED rnvvnxr_cc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY-PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. mSR DO' TYPE OF INSURANCE POLICY NUMBER POLICYE:FFECTIVE POLICYEI(PrTION LIMITS B GENERAL LIABILITY • COMMERCIALGENFRAL LIABILITY CLAIMS MAUE ❑ OCCUR X Additional Insur88 2090810164 END7. 058I469684 0106 0312712007 0312712008 EACHoccuRRENCE S 1,000,00 DAMAGE TO RENTED S 300 MED EXP (Any wm In.) ; 10,004 PERSONALaADVINJURY ; 11000100t • Primary/Waiver GENERAL AGGREGATE ; 2100010 GEN'LAGGREGATE LIMIT APPLIES PER: PoLI Y X JEMCCT LOO PRODUCTS- COMPIOPAGG $ 2,000, 00 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNEDAUTOS 2090810164 0312712007 0312712008 COMBINED SINGLE LIMIT IES AcddeM) S 1,000, DD BODILY INAIRY (Per pen=) _ X BODILYINJURY (Per SwIdenl) S X PROPERTYOAMAGE (P&ace wt) S GARAGE LIAINLITY ANY AUTO AUTO ONLY. EAACCM9NT ; OTHERTHAN EAACC AUTO ONLY: AGO ; S B P X ESSmMBRELLA LIABILITY OCCUR FICLAIMS MADE oEoucTIBLE RETENTION ; 2090810178 03/27/2007 03/27/2008 EACH OCCURRENCE ; 2.000,000 AGGREGATE S 1 00O s f WORKERS COMPENSATION AND EMPLOYERS'LULBRJTY ANY PROPRIETOWARTNERIEXECUTIVE OFFICERAMEMBER EXCLUDED? I tleSWlba ands SPECIAL PRD1m31ONBP &ow I we SraTU. I 10T1 FR EL. EACH ACCIDENT S E.LDISEASE- EAEMPLO ; E.L. DISEASE - POLICY LIMIT 13 A 27essionai Liability - Claims Made 48AE000989 -061 03127/2007 03/27/2008 $1,000,000 per claim $1,000,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES /O(CLUSWNS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS £:OASIS Redevelopment Center City of Newport Beach, Public Works Department and OASIS Redevelopment are additional insured, per the attached form, including waiver of subrogation, as respects to the general liability. ' A ten (10) day notice of cancellation will be given for non - payment of premium. City of Newport Beach Public works Department Attn: Stephen G. Badum, Director 3900 Newport Boulevard Newport Beach, CA 92658 -8915 SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY ACORD 25 (200'108) FAX: (949)644 -3318 OACORD CORPORATION 1988 ACORD 25 (2001108) • • CNA POLICY #2090810164 INSURED: Robert R. Coffee Architect & Assocaites IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS- COMPLETED OPERATIONS HAZARD." SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: See Description of Operations on Certificate of Insurance Designated Project: ALL OPERATIONS OF THE NAMED INSURED City of Newport Beach, Public Works Dept., OASIS Redevelopement, City, its elected or appointed officers, officials, employees, agents and volunteers are additional insured. Insurance is Primary as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as-respects to all claims, losses, liability arising directly or indirectly from Consultant's products or services provided to City. (Coverage under this endorsement Is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 11) is amended to 1. That person or organization is an additional include as an insured any person or organization, insured solely for liability due to your negligence including any person or organization shown in the and specifically resulting from 'jour work" for schedule above, (called additional insured) whom the additional insured which is the subject of the you are required to add as an additional insured on written contract or written agreement. No this policy under a written contract or written coverage applies to liability resulting from the agreement; but the written contract or written sole negligence of the additional insured. agreement must be: 2. The Limits of Insurance applicable to the 1. Currently in effect or becoming effective during additional insured are those specified in the the term of this policy; and written contract or written agreement or in the 2. Executed prior to the "bodily injury," "property Declarations of this policy, whichever is less. damage," or "personal and advertising injury." These Limits t Insurance are inclusive sand not in addition to, the Limits of Insurance shown B. The Insurance provided to the additional insured is in the Declarations. limited as follows: 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the G- 17957 -G99 Page 1 of 2 (Ed. 10/01) 0 definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional Insured does not apply to "bodily injury," "property damage," or "personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architecture] or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of .any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and G- 17957 -G99 (Ed. 10101) E (4) Agree to . make insurance which has for a loss Coverage Part, available any other the additional insured we cover under this- f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit' from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance Is excess over any other insurance naming the additional Insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of. (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Page 2 of 2 hisura& Roberi k. Cbffes ArchitectA Assod!41:09 Policy# 2090810164 IMPORTANT: THIS. ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL ' vm INSURED. IN THE EVENT E . NT OF O.ftURRIEN", 6FrtNSF-j CLAim OR SUIT..SEE PAPM "PH Q? -OF THIS ENDORSEMENT FOR THESE DUTIES, THIS 5NDORSEMENT.Q14ANGE5 THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF'SUBROdATION Arehitattp, 5q§jffvers1and Surveyort, Th* end6rsd0ent modifies: insurance provided undar the.following., EWS..IMSSOWNER-8 LIABILITY COVERAG.E FOM IWINE89OWNEF44 COMMON P006 06POITIONt A. WHO IS AN INSURED (Section C) -of the &(slha'pe s ,vffiprs Lisibility Oovi�rsgp Form ip.pMaqded to. '50pdb aa-ominsured any person or prgan1m-t(().n:.wbqrn you, are'!,equirartto. add as an aMonallrWwd Qvk this policy urder arWritten contrtlet eritr -briji tha.Written,dontricut or Writft rit 'a 0"'eme Must 4ec 1. Garen, IM #ff" or b!9cam!hg`dff0qjtve:dqfipg,#i6 tER-711 of this pd(idy; and Illy T4j.q-jhS4(?nee, Ofo_V(deor to. the; . 1. Thm poqtco-or 6r tp.yq-ur -.9.190 flop ganizatitnt Is, an dddifidn'M 060rdd i3blely'(60. 1401111y due ft'll e. xojs�t the wditan -Y Od _yof pont0pot lerwitten agre4..mpnf-:NoLcovexage.a.ppllesto ItabAty. resulting Pornibrasole nsgilpfv.(�60f ihie:a itiormi'lasuted. TP a -QfnA&.: pf, I h 4Qtm..cp. a Ole 9 -thpAd'0j itonat insured are,.fts P-.-,s pe0,*A,, Irrtbs. w0fisM .... . . h 6 a 0- sijkk% Thew umifw of corf 3. The iAmOrage.OrO ride 0? t.Q thepoditpn alinou.redWlGhinfhi.sendo-.e erf an d lia nted LIABILITY ANGM . EPI%AL EXP'�N$g M f tNkT10,N0 --fi%x)kdd '-($401v P; J�04 in The , Wiy lftjUry"qV pMpdft do -4e " Plet edloperat, onw' hazad" unless req u kRkd4by the wriRen contractor W,6"o a 9 rethitfit. 4: The insurance provided to. the additional 166dr6d does not ap'ply th"bbd1Iy1fi)j."qry-,' "OrO erty y p... dorh4ge,'"personal and,.adverWng Injury 'arising out of.an architeofs, enginmW'v. or isumeyees renderlhg of or failure to render afiy profession`pl services inetucliriy: a. The preparing, approving, or falling to prepare or, approve: maps, shop drivviings, reports, surveys, field orjqm,;hengp'qjF.de . mondrawlngs�and specifications by any architect, eb iqdojr or suft-leyot-pgrfOi7birig-services - bpv. project of'WhIch you sot" as CQnsftPotion manager, or b. inspection, supevision,quglit oo 4trol ,engirtoering or anahite0ural servi Ce s d 0 ne by you on -a projectof which you serve as construction hmne' er. 5, This insurance, does not apply. to "bodily Injury." nproper ty darnago," or "personal and advertising injury" arising out of. a. The construction or demolition work while you are acting as a dahstruttibkor.diamolition wntradot. This ex fuslon d4es not apply 1Q work done for, or by you. at.yoUr premises. Page 1 of 2 C.: BUSIN88SOWN15RS• GENERAL LIABILITY CONDITIONS- Duties- In The E.Vellf of Ocepprenob, Offense, Claim or Suit (Section 12.2.) of the Busjn6stownors Liabilify Coverage Form is amended to add the following: An additional insured under this endorsement,will,as soon as practicable: 1, Give. written notice of an occurrence or an offense to us which may result in a claim or "suit" under this Insurance; 2. Tender tha. &.fense, and indemnity of any claim or "suit" to us for a.loss we cover under this 06verage Part; 3. Tender the de%nso and indemnity of any claim or "suit"` to any other insurer which also has insurance for a loss we cover under this Coverage Part and 4w Agt6e to Make available Any other insurance Whi0h the additional insured has for a lass we cover .under this Coverage Park W4 have no.dulyttadeferld or indemnity an additional insured under this endorsement until wo receive w4ennotice Of �, dilm, or "suit' From the ad&MM: insured. a[, OT-14159 INSURANCE f.9e4ften Mi Z & 3.) of titre. Businessownert Common Polity 05nditi6ng are d6kaWd and rl".b d with'the following-. 24 Thig iftstkaflo6 is excess over any% other insurance narnin ftg ibrfd higgrO ft 6 M Mg I dias a 41 s red wfte r Y, expeso,ca666"tor on any othei- basis unless a .written contract or written n _jb6f pKit Or agpementspecillmlly requires that this insiranve be either primary dr prilfflayand hobwh1dbbt!hq 16't6additf inguft&s own WVi#aMe.. Thig ftgranbe,hs ekcass,- 6ver,doy offtor, ftqrgho ttwhlbh insured byend orsament. Z; When this 10-3iaM060 it bxM$S- we Mil have no duty. dMer Covidta-0s A W , d6fend th _g to q ditionol lhswre4 4 )A d. gainst iny� �julfltf arVmthw insurer r flat. a 1* to defend add id .. ..' Urnal ibsured If no effwr6 !V dst�ds:'Ve will undbitikig 6 so, but we=Wlll bg oritftd, Wh6h thw insufarlbe is excots; bvi�r other in ikMhob, we will poy. I only o.uMj.hpre.�nrthe amount of the . a 100A,.11f Any, ttiht OU0.6ft th di (4) Tbq'IbI01 dmdtl.ffthait offl sqr 0Jth9'tIhst;pqc.ewcbld0q he: I In thkift0ho is ,h 6f 1h insurance; and M The tolel of all de0uc'UtJJ0,-.j00 self -thstleedampgnts un(jqr oil that pfheMqSpU.MnW, i W.4 W111 sherre ft roffiaining loss: R.'-aO 0 t ll�p ahy'dther insdrhhC.6.4hp is r16.1 closer.. L ''. 'S' d in thl Exresry hisurq ae and was notbought sp�.chlcajly-tc apply Iwqxcess a eUrnits of InsuraRo n iir��iqlqn 8ho-Wrt-ih thaD6c1arAdffs.bf:tW4is edvbnage Part. Ei TRAN, SFSR OF RIGHTS OF RECOVERY AVAINST OTHERS T.O. US :'(Section KIM) bf,the 'll" ''I, '­ � I d' I ' J- iVS6e.ssqw.n6js 66mm'on Policy Cpndl ipTI5. ls,cipleted an replaced with the following: 1 We waive any right 6!:raqqv6iy the may have against any person or organizattop against whom. you have agreed to waive such right of recovery in a written contractor agrderr*nt because of.payrnants we ma ke for injury or dam.age,itisino out of ydur ongoing opemtionp oe"your work" done under a connect wlth-'60 person or organization acid included within the "producla-.compieted operations hazard SBA46%8AM106 Page 2 of 2 2/9 09/29/2007 0975 PM C/VA S (Ed, 01/0 ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY This endorsement modifies Insurance provided under the following BUSINESSOWNERS GENERAL LIABILITY COVERAGE FORM SCHEDULE Insurance is provided only with respect to those coverages for which a speciflc premium charge Is shown: COVERAGE ADDITIONAL PREMIUM Hired Auto Liability $ Nonowned Auto Liability $ (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) PROVISIONS C. WHO IS AN INSURED A. COVERAGE Who Is An Insured Is replaced by the following: K a premium charge is shown in the SCHEDULE Each of the following is an insured under this above, the Insurance provided under Coverage A — Insurance to the extent set-forth below: Bodily Injury and Property Damage Liability applies 1. You; to 'bodily injury' and 'property damage' arising out of the maintenance of use of a'hired auto' or ' nonowned 2, Anyone else Including any partner or 'axecutive auto.' Maintenance or use of a 'non -owned auto' offrosr' of yours while using with your permission a Includes test driving In connection with an 'auto 'hired auto' or a'nonowned auto• except: business' a. The owner or losses (of whom you are a B. EXCLUSIONS sublessee) of a 'hired auto' or the owner With respect to the insurance provided by this or lessee of a ' nonowned auto' or any or'ampioyee' of any such owner or endorsement: lessee; lessee; 1. The exclusions, under Coverage A — Bodily b. Your 'employee' if the covered 'auto' is Injury and Property Damage Llablitty, other than exclusions e., h., d., e., I. and 1. and the Nuclear owned by that 'employee' or a member of Energy Liability Exclusion (Broad Form) are his or her household; deleted and replaced by the following: e. Your 'employee' If the covered 'auto' Is a• 'Bodily injury' to: leased, hired or rented by him or her or a member of his or her household under a (1) Any fellow 'employee' of the Insured lease or rental agreement for a period of arising out of and in the course of: .180 days or more; (a) Employment by the Insured; or d. Any partner or 'executive officer' with (b) Performing duties related to the respect to any 'auto' owned by such old; or a member of his or conduct of the Insured's business. her household; her a h, 'Property Damage' to: a. Any partner or 'executive officer' with (1) Properly owned or being transported by, respect to any 'auto' leased or rented to or rented or loaned to the Insured; such partner or officer or a member of his or her household under a lease or rental Or agreement for a period of 180 days or (2) Property in the care, custody or control of more; the insured. I. Any person while employed In or otherwise engaged In duties In S &148902 -A Page 1 of 2 (Ed, 01106) r IrB s= 0 03/29/2001 03:35 PM = 3/3 i SB- 146902 -A (Ed. 01106) 1 connection with an 'auto business,' other than an auto business' you operate; g. Anyone other than your 'employees,' partners, a lassea or borrower or any of their ' employees,' while moving property to or from a 'hired auto' or a nonowned auto"; or 3. Any other person or organization, but only with respect to their [[ability because of acts or omissions of an Insured under 1. or 2- above. D. AMENDED DEFINITIONS The Definition of 'insured contract' in Section F — Defin[tions is amended by the addition of the following exceptions to paragraph f.: Paragraph f. does not Include that part of any contract or agreement: (4) That pertains to the loan, lease or rental of an 'auto' to you or any of your 'employees,' If the 'auto' is loaned, leased or rented with a driver; or (S) That holds a person or organization engaged In the business of transporting property by 'auto' for hire harmless for your use of a covered 'auto' over a route or territory that person or organization Is authorized to serve by public authority. E. AD0177ONAL DEFINITIONS Section F. Definitions is amended by the addition of the following definitions: 1. 'Auto Business' means the business or occupation of selling, repairing, servicing, storing or parking autos.' 2. 'Hired auto' means any 'auto' you lease, hire, rent or borrow. This does not Include: a. Any 'auto' you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or b. Any 'auto' you lease, hire, rent or borrow from any of your 'employees; partners, stookholders, or members of their households. 3. 'Nonownad auto' means arty 'autos' you do not own, lease, hire, rent or borrow that are being used In the course and scope of your business at the time of an'oocurrence' This Includes 'autos' owned by your 'employees' or partners or members of their households but only while being used in the course and scope of your business at the time of an'occurrenoe.' If you ate a sole proprietor, 'nonowned auto' means any 'autos' you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of an 'occurrence.' SS- 146902 -A - Page 2 of 2 (Ed. 01/06) CI'I"Y OF NMORT HEACH MI'WATU OF RJEE1Vfi"lGN:- FRQM''Wf7AnTW CON ENSATION INSUPANLE I. :I Fax 9, • -• CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3 -27-07 Dept. /Contact Received From: Shaun Oyler Date Completed: 3 -27 -07 Sent to: Shaun By: April Walker Company /Person required to have certificate: 1. GENERAL LIABILITY Robert Coffee & Associates A. INSURANCE COMPANY: Valley Forge Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED Company (Must be California Admitted) Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2mil agZ/Imil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured Is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 1I. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Valley Forge Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION:, Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes 0 No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: Additional insured endorsement missing. 0 CITY OF NEWPORT BEACH CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California, Executed on this 1-3 day of e6-77) -g 2007, at Newport Beach, California.. [Add Consultant's name and title) BYTNECRYCOONCN. CITY OF NEWPORT BEACN 'a P: E CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT (ft /,C0 . W) Agenda Item No. 17 October 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Badum, Director— 949 -644 -3311 — sbadum (cDcitv.newi)ort- beach.ca.us Recreation & Senior Services Department Wes Morgan, Director — 949 - 644 -3157 — wmoraan (a)citv.newport- beach.ca.us SUBJECT: OASIS Senior Center Design Development, Construction Documents, Bidding & Construction Administration - Approval of a Professional Services Agreement with Robert R. Coffee, Architect + Associates RECOMMENDATION 1. Approve a Professional Services Agreement with Robert R. Coffee, Architect + Associates for architectural services at a not to exceed price of $1,496,600, and authorize the Mayor and City Clerk to execute this Agreement. 2. Approve a budget amendment appropriating $1,496,600 from General Fund unappropriated surplus fund balance to Account 7453- C4410761. The OASIS Senior Center Fundraising & Development Committee has voted to support this recommendation. DISCUSSION The City Council has committed to the development of a new OASIS Senior Center. Staff desires to retain consultant services to prepare the plans needed for the construction of the project. Consultant Qualifications Robert R. Coffee, Architect + Associates were selected in March 2007 to provide a needs assessment, concept plans and preliminary cost estimates for the new OASIS Senior Center project. The work was completed on time and has been approved by City Council. Robert R. Coffee Architect & Associates have a strong resume and history of design and architectural services which helped create numerous successful public facilities including community centers and senior centers. Mr. Coffee has developed an excellent working relationship with all parties involved with this project. Staff believes Mr. Coffee will be successful with the OASIS Senior Center project. Scope of Services Robert R. Coffee, Architect + Associates has proposed to provide the design services needed for the new OASIS Senior Center as specified in the Scope of Services — Exhibit A of the attached Professional Services Agreement which includes design development, construction documents, BID package and construction administration. OASIS Senior Center DesiMDDevelopment & Construction Documents, Bidding Construction Administration — Approval of Professional Services Agreement with Robert R. Coffee Architect & Associates Page 2 October 23, 2007 Fees Robert R. Coffee, Architect + Associates has agreed to provide a complete scope of work. These associated fees and services are included in the attached Professional Services Agreement. Environmental Review Not applicable at this time. Public Notice Not applicable at this time. Funding Availability Sufficient funds are available to pay for Robert R. Coffee Architect & Associates. Account Description OASIS Senior Center Retrofit Prepared & Submitted by: Account Number Amount 7453^C4410761 $1,496,600 Submitted by: Ad Public Works Director Wes Morgan, Recreation & e for Services Director Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE, ARCHITECT +ASSOCIATES FOR OASIS SENIOR CENTER PROJECT qF THIS AGREEMENT is made and entered into as of this 23RD day of October 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and ROBERT R COFFEE, ARCHITECT + ASSOCIATES a partnership, whose address is 1470 Jamboree Road, # 200, Newport Beach California 92660 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of -California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning.to design and construct a new OASIS Senior Center. C. City desires to engage Consultant to prepare design development construction documents, bidding and construction administration. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Robert R. Coffee. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30"' day of June 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. E 0 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Four Hundred and Ninety Six Thousand Six Hundred .Dollars and no /100 ($1,496,600) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be E limited and include nothing. more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated ROBERT R. COFFEE to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEVE BADUM shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 • 0 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall O be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements. of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by, reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 111 volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, ® death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood. that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 5 0 13. PROGRESS E Consultant is responsible for keeping the Project Administrator and /or his/her Aft duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an (1 insurance company currently authorized by the Insurance Commissioner ` J to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City s Risk Manager. D. Coverage Reguirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. G ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million ® dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain .automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultants operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 7 v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venture or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. W • 17. OWNERSHIP OF DOCUMENTS ® Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City s sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City s Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. E 0 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, container) in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed: sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 10 i • 24. ERRORS AND OMISSIONS ® In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Steve Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949- 644 -3318 11 • 0 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Robert R. Coffee Robert R. Coffee, Architect + Associates 1470 Jamboree Road, #200 Newport Beach, CA 92660 Phone: 949- 760 -8668 Fax: 949 - 759 -9381 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently'take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12 0 31. INTEGRATED CONTRACT ® This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope. of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City 0 Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: r ••�— C !/�-- �d/ i Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: Robert R. Coffee Title:Owner Print (Financial Officer) �J Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 • 0 OASIS SENIOR CENTER ® EXHIBIT A SCOPE OF SERVICES for DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS, BIDDING AND CONSTRUCTION ADMINISTRATION PROJECT DESCRIPTION The project includes a new 38,409 SF one -story Senior Center building and all site work on a 5 acre site located at the corner of Marguerite Avenue and Fifth Avenue in Corona Del Mar, CA. The design of the project is described and illustrated in the Conceptual Design package presented to the City Council and approved on September 25, 2007. The Protect Team will design the project with the goal of obtaining a LEED Certification of Stiver. PROJECT SCHEDULE The anticipated Project Schedule is as follows: Design Development November 2007 -March 2008 Construction Documents Apra 2008 - September 2008 Bidding October 2008- November 2008 Construction December 2008 - February 2010 KEYPERSONNEL Robert Coffee Principal Jean Stolzman Project DesignfMansgement Reggie Wilson Project Architect The Scope of Work will be accomplished in four phases as outline below. PHASE 1- DESIGN DEVELPPMENT SERVICES The Architect shall provide the following services necessary to prepare Design Development Documents consisting of drawings and other documents defining the development of the architectural and engineering component of the project for submittal to the City of Newport Beach. Design development will be based on the requirements and criteria developed and approved in the Conceptual Design package presented to the City Council on September 25, 2007. The following descriptions shall apply to those services: 1.01 Project Administration services including: A. Consultation. B. Data Collection /Research. C. Conferences and meetings. D. Meeting minutes. 1.02 Disciplines Coordination /Document Checking services including: 0 0 A. Coordination between the architectural work and the work of engineering and other involved disciplines for the project. B. Review and checking of documents prepared for this phase of work. 1.03 City of Newport Beach /Approval services including: A. Five meetings with City Staff B. Research of applicable codes and regulations. C. Preparation of written and graphic explanatory materials. D. Identify design/construction alternatives for value engineering. 1.04 Architectural and Interior Design /Documentation services consisting of the preparation of drawings and specifications based on the approved schematic design documents. A. Detailed Technical Site Plan. B. Detailed and dimensioned Building Floor Plan. C. Building Roof Plan. D. Building Sections and Elevations. E. Preliminary Floor Finish Plan. F. Preliminary Door and Window Schedules. G.. Preliminary selection of building materials and color. H. Complete outline specifications of building systems and materials. 1.05 Civil Engineering services including: A. Preliminary site grading plan. B. Preliminary site utility plan. 1.06 Landscape Architectural Design /Documentation services responding to site program needs and requirements and consisting of the preparation of: A. Site Development Plan. B. Preliminary Tree Planting Plan. C. Preliminary Shrub and Groundoover Plan. D. Hardscape Plan. E. Preliminary Fountain Details. 1.07 Structural Engineering/Documentation services consisting of: A. Proposed foundation systems. B. Proposed framing systems. C. Preliminary Structural Details. 1.08 Mechanical/Plumbing Engineering services consisting of: A. Preliminary system design. B. Preliminary duct layout with zones and thermostat locations C. Preliminary sources and routing of utilities and meter locations. 1.09 Electrical Engineering/Documentation services consisting of: A. Preliminary Lighting Plan. B. Preliminary Power and Signal Plan. r� is J 0 C. Location of panels, switch gear, meter and back -up generator. ® 1.10 Audio- Visual/Acoustic Engineering services consisting of: A. Preliminary audio-visual engineering power plan for all rooms. B. Preliminary acoustical engineering plan for both main event rooms. 1.11 Food Service Planning services consisting of: A. Preliminary kitchen layout for full service kitchen. B. Identification of all equipment. 1.12 Signage and Graphic Design A. Preliminary / Site and Building Signage Plan. B. Preliminary Signage Types and Signage Design. 1.13 Project Manual Preparation/Materials Research/Specifications services consisting of: A. Identification of potential architectural materials, systems and equipment. B. Coordination of similar activities of other disciplines. PHASE 2 - CONSTRUCTION DOCUMENTATION SERVICES The Architect shall provide construction documents consisting of drawings, specifications and other documents setting forth in detail the requirements for construction of the project and bidding and contracting for the construction of the project for submittal to the City of Newport Beach Building Department. The following descriptions shall apply to those services. 2.01 Project Administration services including; A. Consultation.. B. Data Collection/Research. C. Conferences and meetings. D. Meeting minutes. E. Direction of the work of in -house architectural team. 2.02 Discipline Coordination/Document Checking: A. Coordination between the architectural and interior design work and the work of engineering and other involved disciplines for the project. B. Review and checking of documents prepared for the project by all disciplines. 2.03 Agency Consulting /Review /Approval A. Agency consultations. B. Confirmation of applicable regulations. C. Obtain building permit. 2.04 Architectural and Interior Design Documentation services consisting of the preparation of drawings and specifications based on the approved Design Development Documents setting forth in detail the architectural and interior design requirements for the construction of the project. • • 2.05 Civil Engineering Design Documentation services consisting of the preparation of final grading, drainage and utility calculations, drawings and specifications setting forth in detail the civil engineering requirements for the construction for the project. 2.06 Landscape Design /Documentation services consisting of the preparation of drawings and specifications setting forth in detail the landscape requirements for the construction of the project. 2.07 Structural Engineering Design Documentation services consisting of the preparation of final structural calculations, drawings and specifications setting forth in detail the structural engineering requirements for the construction for the project. 2.08 Mechanical /Plumbing Engineering Design Documentation services consisting of the preparation of final mechanical/plumbing calculations, drawings and specifications setting forth in detail the mechanical1plumbing engineering requirements for the construction of the project. 2.09 Electrical Engineering Design Documentation services consisting of the preparation of final electrical calculations, drawings and specifications setting forth in detail the electrical engineering requirements for the construction of the project. 2.10 Audio - Visual /Acoustic Engineering Documentation services consisting of the preparation of final audio - visual engineering and acoustic engineering documents setting forth in detail the audio-visual and acoustical requirements for the project. 2.11 Kitchen Equipment Documentation services consisting of the preparation of the final kitchen equipment documents setting forth in detail the requirements for the project. O 2.12 Signage and Graphic Design Documentation describing general conditions to the contract, instruction to bidders, special requirements, materials, systems and equipment, workmanship, quality and performance criteria for the construction of the project. 2.13 Development and Preparation of Project Manual describing general conditions to the contract, instruction to bidders, special requirements, materials, systems and equipment, workmanship, quality and performance criteria for the construction of the project. PHASE 3 - BIDDING SERVICES The Architect will assist the Project Contract and Bid Administrator in obtaining bids. 3.01 Project Administration services including: A. Consultation. B. Review of Bids. C. Conferences. 3.02 Bidding Materials services consisting of assisting Project Contract and Bid Administrator in organizing and handling Bidding Documents for: A. Distribution to the required vendors. B. Coordination and Reproduction. C. Completeness Review. • • ® 3.03 Addenda services consisting of preparation and distribution of Addenda as may be required during bidding or negotiation and including supplementary drawings, specifications, instructions and notices of changes in bidding schedule and procedure. 3.04 Bidding/Negotiations services consisting of; A. Assistance in establishing a list of Bidders. B. Pre -qualification of Bidders. C. Participation in pre -bid conferences. D. Responses to questions from Bidders and clarifications or interpretations of the Bidding Documents. E. Analysis of alternates and substitutions. F. Attendance at bid opening. PHASE 4- CONSTRUCTION CONTRACT ADMINISTRATION SERVICES The Architect shall provide the following services for the administration of the construction contract. 4.01 Project Administration services consisting of; A. Consultation. B. Research. C. Conferences. 4.02 Office Construction Administration services consisting of: 0 A_ Processing of submittals, including receipt; review of, and appropriate action on shop drawings, product data, samples and other submittals required by the Contract Documents. B. Distribution of Submittals to City and Contractor as required. C. Maintenance of master file of submittals. D. Related communications. 4.03 Construction Field Observation services consisting of visits to the site at job meetings (once per week) to become generally familiar with the progress and the quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents, and preparing related reports and communications. 4.04 Supplemental Documents services consisting of preparation, reproduction and distribution of supplemental Drawings, Specifications and interpretations in response to request for clarification by Contractor or the City and as required by construction emergencies. 4.05 Construction Change Directives /Change Orders services consisting of preparation and distribution of Drawings and Specifications to describe work to be added, deleted or modified. Review of proposals from Contractor relative to changes in time for Substantial Completion. 4.06 Project Closeout services initiated upon notice from the Contractor that the Work is sufficiently complete to permit occupancy or utilization. This task will include a detailed inspection with the City's representative for the conformity of the Work to the Contract Documents and the verification of the items to be completed or corrected by the Contractor. 4.07 Prepare Record Drawings by updating original CADD drawings. The Architect will update all original Bid Set Drawings with all revisions and modifications issued by an Addendum or Bulletin and provide the City with a CD in AutoCadd format of the final "Record Set". The Architect will provide the selected Contractor with a set of reproducible drawings of the Bid Set and the Contractor will be responsible to record all "field changes' from the drawings as issued in the Bid Set and any Addendum or Bulletin Sets. ® OASIS SENIOR CENTER EXHIBIT B PROFESSIONAL SERVICES FEE for ARCHITECTURE/ENGINEERING AND INTERIOR DESIGN SERVICES PROFESSIONAL SERVICES FEE: The total scope of work outlined in Exhibit A, Scope of Work shall be provided for a fixed fee of $1,496,600.00 including reimbursable expenses. REIMBURSABLE EXPENSES ESTIMATE: Not to Exceed: $30,000.00 Reimbursable expenses are difficult to predict and as such RCA +A reserves the right to request the City to increase this amount if necessary. RCA +A will bill all reimbursable expenses separately and provide the City with a copy of all expenses for review with each billing. In an effort to keep the reimbursable expenses within the amount listed, RCA +A will provide the City with one reproducible copy for the printing of all Review Sets, Bid Sets, / Addendum, and Bulletins including all drawings and specifications. Reimbursable expenses will include: 1. Plotting and Document Reproduction 2. Postage and Overnight Mail 3. Deliveries 4. fax Transmissions 5. Photography and film development 6. Models and Renderings 7. Travel outside of Orange County 8. All governmental agency fees TOTAL FEE PROPOSAL: Professional Services Fee: $1,466,600.00 Reimbursable Expense: $30.000.00 Total Fee: $1,496,600.00 Billings shall be submitted at the first of each month for work completed. Payment of services to be in accordance with Section 4.1 of the Professional Services Agreement. CONSULTANT SERVICES Consultant services included in this fee proposal are: Structural Engineer Electrical Engineer Mechanical/Plumbing Engineer Civil Engineer Landscape Architect Signage/Graphics Designer Audio - Visual Designer and Engineer Food Service Design Consultant Specification Writer LEED Consultant ADDITIONAL SERVICES If, after a design decision has been approved, the Client or Contractor makes a decision for which its proper execution involves additional services and expense for changes in or additions to the drawings; specifications, or other documents; or if the Architect incurs labor or expense by delays or insolvency of either, the Architect is to be equitably paid by the Client/Owner for such additional service and expense. In accordance with Section 4.3 of the Professional Services Agreement, additional services will be billed in accordance with the following Schedule of Billing Rates. Principal: $170.001hour Project Architect: $130 ;00 /hour Project Designer /Manager: $110.00 1hour Job Captain: $85;00/hour Drafting: $50;001hour Clerical: $30.001hour SERVICES NOT INCLUDED 1. Soils or geology determinations and soils investigations. 2. Furniture and Moveable Equipment Specifications and Bid Package. 3. Security System Design. 4. Technology System Design. 5. Commissioning for LEED Certification. B. Cost Estimating Services. Cky of Newport Beach BUDGET AMENDMENT 2007 -08 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 08BA -020 AMOUNT: 51,49s,s0o.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure estimates for the OASIS Senior Center design development, construction documents, bidding and construction administration. Funds to be transferred from unappropriated General Fund Fund Balance to a new capital projects fund. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance (�'�ENUE ESTIMATES (360 1) �J FundlDivision Account 453 6000 EXPENDITURE APPROPRIATIONS (3603) Description OASIS - Transfer in Signed: Approval: Signed: �7`i1�"� A, , Administrative Appro I: City Manager Signed: Amount Debit Credit $1,496,600.00 " $1,496,600.00 ' Automatic $1,496,600.00 $1,496,600.00 Date City Council Approval: City Clerk Date Description Division Number 9010 General Fund- Non Departmental Account Number 9900 Transfer Out Division Number 7453 OASIS Senior Center Account Number C4410761 OASIS Senior Center Division Number Account Number Division Number Account Number Division Number Account Number Signed: Approval: Signed: �7`i1�"� A, , Administrative Appro I: City Manager Signed: Amount Debit Credit $1,496,600.00 " $1,496,600.00 ' Automatic $1,496,600.00 $1,496,600.00 Date City Council Approval: City Clerk Date 0 0 Statement of Qualifications Robert R. Coffee, Architect + Associates Civic and Municipal Projects 0 0 QUALIFICATIONS PACKAGE Table of Contents Introduction / Firm Overview Relevant Project Experience /Project Profiles Qualifications of Staff Partial List of Clients References Robert R. Coffee Architect + Associates 0 0 ::UALIFICA.I IONS PACKAGE Introduction / Firm Overview Robert R Coffee Architect + Associates is a multi - disciplined professional services architectural firm known for excellence in total project delivery Our services encompass the full range of capabilities in programming, planning, architecture and interior design Robert R Coffee Architect + Associates was established in November 1995 to provide professional services in architecture, planning and interior design Our firm is organized to deliver protects through a creative approach to providing traditional design seances We use the collaborative process combining our firm's collective experience and the experience of other professionals to create project teams that are specifically suited for the unique requirements of each protect Located in Corona Del Mar California, Robert R Coffee Architect + Associates is currently servicing projects located in California Texas and Asia We believe that a well-conceived environment enhances the efforts of businesses and individuals to reach their goals Logical and coherent design improves human interaction and satisfies both physical and psychological needs Our process of creating architecture begins with the development of a project program that clearly states the *problem" to be solved The design process of solving the problem begins with the site planning and conceptual design phase resulting in the central organizing concept the guiding idea that shapes the direction of future design decisions Emphasis is placed on direct Principal involvement in all phases of the protect Protect teams are organized to include both in -house technical and management staff as well as the appropriate outside consultants to provide the total range of experience necessary to service the clients needs and goals The Protect Principal is responsible for the protect to be accomplished in a Creative responsible and cost - effective manner Robert R Coffee Architect + Associates has the ability to produce all of their design and construction documents with Auto -Cad (2006) This state of the art system allows us to meet our specific client s needs. to integrate our work more coherently with our consultants and to provide our clients with 30 computer modeling if necessary We continue to research and explore innovative design ideas and protect delivery methods Our applied experience helps us know what design ideas work We are committed to maintaining close client relationships and work diligently to create an environment of open and honest communication And most importantly we remain committed to providing thoughtful architectural designs that contribute to our built environment and satisfy or exceed our clients goals and objectives Robert R. Coffee Architect + Associates 0 0 QUALIFICATIONS PACKAGE Design Philosophy- "Collaboration" Our passion for architecture begins with the creative act of invention. We feel our role as architects is one of helping people create new, inspiring and responsive places to play, to live and to work. This is accomplished through a "collaboration" between the architect and the user. We strongly believe that well conceived environments enhance the efforts of businesses, organizations and individuals to reach their goals and to live happy fulfilling lives We bring this passion and commitment to every project, We also bring the value of our past experience. Public and private buildings are a statement about the people and the community and /or the organizations they serve. Through an inclusive series of design workshops and user advisory group meetings. RCA +A and its consultants unearth concerns, goals, needs, character, and cultural issues of the organization and /or the local community. The workshop process involves four major activities: 1. Establishing the Vision. 2 Identifying needs, setting goals and establishing objectives 3 Evaluating alternative design strategies 4. Identifying the most appropriate solution. The programming /planning consensus building process utilizes a "workshop" format, coordinating the user participation with the programming and planning design process so both can evolve simultaneously. The goal of this process is to allow the user to contribute to the planning in an informed manner, so they will be able to judge the implementation of the plan for its cultural, functional, economic and environmental success It is important for the user to feel it is "their" plan It is the design professional's responsibility to orchestrate the process to help educate the user and direct them through the design process to a workable and affordable solution that is both visionary and practical. Recent Workshops: Gemological Institute of America Foothill Ranch Library Rancho Cucamonga Senior and Community Center Bowers Museum of Cultural Art Robert R. Coffee Architect + Associates E QUALIFICATIONS PACKAGE Relevant Project Experience Civic / Municipal Buildings San Marcos City Hall, San Marcos, CA Mission Viejo City Hall. Mission Viejo CA S San Marcos Community Center San Marcos, CA Rancho Cucamonga Senior & Community Center Rancho Cucamonga CA Norman P Murray Senior & Community Center Remodel Mission V ejo. CA Temecula Community Recreation Center, Temecula. CA Foothill Ranch Library. Foothill Ranch. CA Mission Viejo Public Library. Mission Viejo CA Orange Public Library Remodel Orange CA Taft Library Remodel. Orange CA Los Angeles Central Library Teen'Scape Expansion, Los Angeles CA Loa Angeles Central Library Adult Literacy Center, Los Angeles CA Los Angeles Central Library Popular Book Area Remodel Los Angeles. CA Alhambra Public Library Technology Center, Alhambra, CA Downey Public Library Remodel Downey, CA Rancho Bernardo Library . Rancho Bemardo. CA San Marcos Library San Marcos CA Palomar College Wellness/Fitness Center San Marcos CA Robert R Coffee Architect + Associates 0 0 CIVIC /MUNICIPAL PROJECTS Rancho Cucamonga Senior and Community Center Designed to be the activity center for the new 100 acre Central Park the single story 53.000 square foot Rancho Cucamonga Senior and Community Center is uniquely planned to accommodate the needs for the seniors and the community . The budding has two separate parking areas . entrances and wings. one for the seniors and one for the Community, allowing earn of these user groups t0 share the facilities yet retain some degree of autonomy The facility Includes administrative office space. an Internet cafe, dance rooms . meeting rooms, exercise rooms, arts and crafts rooms and two main event rooms with ancillary full catering kitchens one pnmanly designed for use by the seniors and the other by the community Additionally, one wing of the community center Includes the YMCA Teen Center and another wing a preschool child care center Location Rancho Cucamonga CA Project Cost Building $10000000 Site Improvements 37.000 000 Completion Date. 2005 Robert R. COHea Architect and Associates 0 0 CNW4MUNICIPAL PROJECTS Norman P. Murray Senior and Community Center Expansion Developed through a seven month programming and planning process with a specially selected Design Task Force, this 13,250 square foot addition to the existing Norman P Murray Senior and Community Center is planned to accommodate the needs of senior citizen activities and community groups. including the cultural and performing arts Distinguished by a 5.500 square foot multi - purpose main event room with a 1, 200 square foot stage area and adjacent catering kitchen, the new addition provides additional meeting rooms for a variety of programs and activities The proposed addition creates a secondary entry onented to a new parking lot and provides for pedestrian connections to the adjacent park . running /biking trails and soccer fields Location Mission Viejo. CA. Project Cost $80010000 Completion Date December 2007 Robert R. Coffee architect :associate.- 0 0 CIVIC /MUNICIPAL PROJECTS San Marcos Community Center Referred to as the 'hearth of the City', this 15,000 sq ft community center provides the City of San Marcos with variety of spaces to accommodate such activities as arts and crafts, dance and ballet, aerobic exercises and workouts, story telling hours. child care, plays. recitals and formal dinners and banquets Organized along amain hall', all daily activity spaces are saddle- bagged onto this two -story volume The main performance space includes an indoor- outdoor stage A large stone fireplace is the centerpiece of the facility and provides an .rtimate forum for cozy indoor and outdoor "campfires' Location San Marcos, CA. Project Cost $3.200.000 Completion Date 1995 Robert R. Coffee as Design Principal with LPA 0 0 CIVIC /MUNICIPAL PROJECTS AG Temecula Community Recreation Center Q� -- 19`1 1 The community recreation center is located within the Rancho California Sports Park The 26,000 sq ft facility includes a gymnasium, multi - purpose room with indoor- outdoor stage, meeting rooms, teen area, shower /locker rooms, outdoor pool and amphitheater Relating to the local rural building vernacular the community center has a barn -like image with a metal roof and post and beam framing Since the building is sited next to a seasonally dry riverbed, the building design incorporates the use of stacked river rock, anchoring the building to its natural setting Location Temucula, CA Project Cost $2,800,000 Completion Date 1995 Robert R. Coffee as Design Principal with LPA 0 0 CIVICIMUNICIPAL PROJECTS Palomar Wellness and Fitness Center Planned as a joint venture between The City of San Marcos and Palomar College, this 7.000 sq ft community fitness facility provides a flexible workout space within the constraints of a very modest budget and compressed time schedule The building is sited to create a relationship between the indoor and outdoor exercise spaces of the college campus and community All interior exercise spaces are oriented to the outdoor playfields and allows those working out within the building to be spectators to the games being played outside Location Palomar College, San Marcos, CA Project Cost $1 500.000 Completion Date 1995 Robert R. Coffee as Design Principal with LPA 0 CMCIMUNICIPAL PROJECTS ...... . i Foothill Ranch Library The single story county branch library is located on a 2 acre site adjacent to a park and el- ementary school in the community of Foothill Ranch The 13.500 square foot structure in- cludes a special children s story time room, a young adult reading area an intemet- computer center an adult reading 'porch- an outdoor patio and a 1 500 square foot community room The building design is distinguished by the use of smooth troweled plaster stacked stone and metal roofs reminiscent of the ongmal 'out' buildings found on the local Whiting Ranch A custom designed weathered iron gate depicting a scene from one of the local arroyos graces the budding entry Location Foothill Ranch CA Prjoject Cost $3500000 Completion Date 2002 Robert R. Coffee Architect + Associates 0 0 CIVIC /MUNICIPAL PROJECTS Orange Public Library Thematically relating to the unique history of the City s early history, this major renovation project provides a contemporary image and state of the arl technology to an aging 37 year -old facility At the heart of the new space plan is an information plaza with workstations for the reference and children librarians and a state of the art technology center with twenty computer workstations An enlarged children s area named the 'Kid's Zone' features a -tree- trunk' playhouse for story time and an intenor "orange -tree grove" for the picture book area The building renovation also included a complete seismic retrofit and technology distribution upgrade Location Orange. CA Project Cost $1 500,000 Completion Date July 1998 0 CIVIC /MUNICIPAL PROJECTS 11 40 S "L' City of Mission Viejo Public Library This library was designed in collaboration with a specially organized task force representing various community groups such as the Mission Viejo Library Association, Mission Viejo Historical Society, Friends of the Library , Cultural Arts Committee, and school librarians The single story 26,000 so ft facility is planned to accommodate the latest in specialized technology for on -line research, young adult study groups . children's story time theater local history research and archive storageldisplay . and the Friends of the Library retail store An adjacent outdoor courtyard is designed for cultural arts events such as concerts, plays. poetry readings and art exhibits Location Mission Viejo. CA Project Cost $6.500,000 Completion Date 1997 Robert R. Coffee Architect + Associates in association with LPA • • CIVIC /MUNICIPAL PROJECTS San Marcos Civic Center Informed by a physical and cultural investigation of place, seeking to bring invention to tradition, the San Marcos Civic Center provides an intrinsically unique setting for the citizens of this community to govern, to learn, to gather and to celebrate The 10 -acre civic center includes a 150 000 sq it City Hall, a 30,000 sq ft Community Center and a 15,000 sq. ft Library At the heart of the civic center complex is a public activities garden, referred to as the *Garden of Wee- La -Me', a name derived from the legends of the indigenous native American people who originally settled the local valley Location San Marcos, CA Project Cost $26,000,000 Completion Date 1995 Robert R. Coffee as Design Principal with LPA 0 0 CIVIC /MUNICIPAL PROJECTS San Marcos City Hall The 150.000 sq ft four story Administration Building includes Council Chambers, a wellness - fitness center, city offices, and lease space. Designed as the center -piece of a three budding Civic Center complex, the City Hall addresses the town center 'meadow' with a pedestrian arcade known as the 'city porch' which links the civic center to the entire 60 -acre San Marcos Town Center The spirit of the open and accessible form of the city govemment which is rooted in the community's agrarian past, is expressed through the use of space, light and natural materials Location San Marcos. CA Project Cost. 5231000.000 Completion Date 1995 Robert R. Coffee as Design Principal with LPA CIVIC/MUNICIPAL PROJECTS San Marcos Library Working closely with the County of San Diego Library a building program was created to address the unique needs of this growing community Designed and built as a part of a three building civic complex, the single story 15,000 sq ft building is compactly organized into one 'big room' and utilizes furniture and space planning to create differentiated spaces in the large volume Graphics and signage address the needs of the multi - lingual patronage A special children's story time area is incorporated into a small -fort- projecting outside the main building Location San Marcos, CA Project Cost $2,500,000 Completion Date 1995 Robert R. Coffee as a Design Principal at LPA CIVIC /MUNICIPAL PROJECTS Rancho Bernardo Library This two -story library is the result of a collaborative process between the archftect and the Rancho Bernardo Library Association and Design Review Committee to adapt a generic City of San Diego library program to the specific needs of this community. particularly the young adults and elderlyfretired patrons The 25,000 sq ft library features a large two -story high reading room and reading porch with fireplace, children's storytime nook, enclosed young adult study rooms, and a multi -media center Location Rancho Bernardo. CA Project Cost 53,000.000 Completion Date 1996 Robert R. Coffee as Design Principal at LPA INSTITUTIONAL PROJECTS 0 im Visual /Performing Arts Facility California State University, San Marcos Tn s 32 000 sq h facility includes a rehearsal and performance studio and musk and video labs Additionally the building provides ancillary support functions to supplement Performance and presentation rooms already accommodated in an adjacent Performing Arts building The building's form, organization, and placement compliments the existing Performance Arts building to create an outdoor performance amphitheater and sculpture court The "black box" rehearsallperformance space constitutes the 'heart* of the new building A two -story atnum or "back stage alley' unifies the various building functions into a single Performance "laboratory encouraging facultylstudent expermentation Location California State University. San Marcos CA Project Cost 36 560.000 Completion Date undetermined Robert R. Coffee as Design Principal with LPA 0 QUALIFICATIONS PACKAGE Resume Robert R. Coffee, Architect Principal -in- Charge Robert R Coffee Architect + Associates 0 Robert R Coffee has over 25 years experience in all phases of architecture, interior design and planning. He has been Senior Designer, Project Architect and Principal -in- Charge of various project types from office and retail uses to educational and municipal buildings He has had extensive experience in the design of civic and community buildings particularly libraries He has considerable experience in working with community citizen groups and managing the public consensus building process for creating responsive community buildings His architectural and planning protects have won several Design Awards from the American Institute of Architects He has lectured for the Los Angeles Metropolitan Library Conference and has been invited to participate in the California State Librarians' Conference for Young Adult Services Education: Bachelor Of Architecture with Honors University of Texas at Austin, 1974 Relevant Project Experience: Foothill Ranch Library Mission Viejo Library Orange Public Library Remodel Downey City Library Remodel Alhambra Public Library Technology Center Los Angeles Central Library Teen'Scape Expansion Rancho Bernardo Library San Marcos Library Taft Library Remodel Professional Registration: Licensed Architect. State of California 1978 (Lic C 10.620) National Council Architectural Registration Boards 1978 (Lic. 34,780) Professional Activities: American Institute of Architects Former Director of Design, OCCAIA President's Associates. Palomar College Alumni Council. University of Texas City of Chula Vista Design Task Force Robert R. Coffee Architect + Associates QUALIFICATIONS PACKAGE Resume Reginald A. Wilson, Architect Production Principal Robert R Coffee Architect + Associates Reginald A Wilson has over 17 years experience in all phases of architecture with emphasis on the preparation of construction documents. project management and construction administration During the design process Reginald Wilson works closely with the project team consultants to develop the construction documents, project specifications and to maintain the project budget and schedule Mr Wilson's attention to detail is invaluable to the development of the bid documents required by the competitive bidding process of public projects Mr Wilson joined Robert R Coffee Architect+ Associates in the year 2000 and his experience and commitment has contributed greatly to the growth of the firm. Education: Bachelor of Science Degree in Architecture California State Polytechnic University. Pomona CA. 1989 Relevant Project Experience: Orange Public Library Remodel Gemological Institute of America Foothill Ranch Library Grace Church of Glendora Ministry Center Expansion Whittier Brethren School Multi- Purpose Building Twin Cities Christian Church Multi- Purpose Budding Rancho Cucamonga Senior and Community Center Robert R. Coffee Architect + Associates 0 QUALIFICATIONS PACKAGE Resume Jean Stolzman, Architect Project Manager Robert R Coffee Architect + Associates 0 Jean Stolzman has over 15 years experience in all phases of architecture . interior design planning and construction document preparation She has experience as a Senior Designer as well as Project Manager on various educational, civic and corporate projects Stolzman strives to maintain successful working relationships between owner contractor and governing agencies in an effort to produce award winning designs within budget Stolzman 's combination of design background technical experience and people skills enables her to manage diverse teams Education: Bachelor of Architecture Syracuse University Syracuse. NY 1989 Relevant Project Experience: Gemological Institute of America City of Newport Beach Mariners Branch Library City of Newport Beach Mariners Park Master Plan Serra Catholic School Tarbut VTorah High School Premier Automotive Group First American Financial Corporation Professional Registration: Licensed Architect State of New Jersey 1994 Robert R. Coffee Architect + Associates QUALIFICATIONS PACKAGE Partial List of Clients Corporate Office: AST Research Sanyo North America Wells Fargo Bank McMaster -Carr Supply Company Northrop Electronics First American Financial Corporation Municipal / Civic: City of Alhambra City of Los Angeles City of Downey City of Mission Viejo City of San Marcos City of San Diego City of Orange City of Rancho Cucamonga City of Signal Hill Institutional: Gemological Institute of America California State University San Marcos Palomar College Developers: Catellus Development Corporation Koll Real Estate Group The Irvine Company Birtcher Development Nexus Development Lutzky Associates Development Construction Managers: Koll Construction Snyder- Langston Builders Lusardi Construction Company Robert R. Coffee Architect + Associates s 0 9 QUALIFICATIONS PACKAGE References Robert R. Coffee Architect + Associates Rancho Cucamonga Senior and Community Center Mr Kevin McArdle Community Services Director City of Rancho Cucamonga (909) 477 -2760 x -2101 Ms Karen McGuire -Emery Senior Park Planner City of Rancho Cucamonga (909) 477 -2740 x-4040 Norman P. Murray Senior and Community Center Mr Kelly Doyle Ms Nancy Hermann Director of Recreation /Community Services Community Services Director City of Mission Viejo City of Mission Viejo (949) 470 -3061 (949) 470 -3036 Foothill Ranch Library Mr Bob Genzel Protect Manager Orange County Public Library (714) 566 -3025 Orange Public Library Ms Yolanda Moreno Librarian, Protect Manager Orange Public Library (714) 288 -2425 r_ Robert R. Coffee Architect + Associates Mr John Adams County Librarian Orange County Public Library (714) 566 -3040 Mr Gary Warn Director of Community Services City of Orange (714) 744 -7264