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
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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
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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,
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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
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.. ... . .. .. .. .. ....... .............. ......................... ....
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
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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.
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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
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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WORKERS COMPENSATION AND
EMPLOYERS'LULBRJTY
ANY PROPRIETOWARTNERIEXECUTIVE
OFFICERAMEMBER EXCLUDED?
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SPECIAL PRD1m31ONBP &ow
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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:
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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.
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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.
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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.
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® 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
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::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
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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
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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
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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
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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.-
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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