HomeMy WebLinkAboutC-3920 - PSA for Oasis Redevelopment Concept PlanPROFESSIONAL SERVICES AGREEMENT WITH
ROBERT R. COFFEE ARCHITECT + ASSOCIATES FOR
OASIS REDEVELOPMENT CONCEPT PLAN
THIS AGREEMENT is made and entered into as of this %6 day of March, 2007, by
and between the City of Newport Beach, a Municipal Corporation ( "City "), and Robert
R. Coffee Architects + Associates, sole proprietor, whose address is 1470 Jamboree
Road, Suite 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 redevelop OASIS Senior Center.
C. City desires to engage Consultant to provide Concept Plan services for the
redevelopment of OASIS Senior Center ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Robert R.
Coffee, Architect.
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 315' day of December, 2007, 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. City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
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3. TIME OF PERFORMANCE
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Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
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 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 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 Ninety Eight Thousand Eight Hundred Forty and no /100 dollars
($98,840) 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
limited and include nothing more than the following costs incurred by
Consultant:
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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
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Jean Stolzman 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 Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd
Dalton shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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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,
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
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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
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 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 Consultant
on 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 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 duly
authorized designee informed on a regular basis regarding the status and
progress of 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 prior to commencement of performance. 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 City.
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 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:
i. 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
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 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 venturer 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. 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. City is an intended beneficiary of any work performed
by the subcontractor for purposes of establishing a duty of care between the
subcontractor and 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.
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.
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.
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20. OPINION OF COST
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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
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.
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
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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 Project.
26. CONFLICTS OF INTEREST
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: Lloyd Dalton
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Robert R. Coffee
Robert R. Coffee Architects + Associates
1470 Jamboree Road, Suite 200
Newport Beach, CA
Phone: 949 - 760 -8668
Fax: 949 - 759 -9381
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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 parry 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.
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.
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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.
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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:
D� ity Attorney
for the City of Newport Beach
ATTEST:
:
B V f"�"
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Muni ipal oar
By:
Mayor
for the City of Newpo each
CONSULTANT:
By:
(Corporate icer)
Title:
PrintName:
By:
(Financial fficer)
Title: AITIAe-1144 --
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
PROGRAMMING, MASTER PLANNING AND CONCEPTUAL DESIGN
ARCHITECTUREIENGINEERING AND COST ESTIMATING SERVICES
PROJECT DESCRIPTION
The project can be generally described as preparing a space program needs assessment,
concept plans and preliminary cost estimate for the Oasis Senior Center located at the comer of
Marguerite Avenue and Fifth Avenue in Corona Del Mar, California. Though it will have to be
substantiated by the space program, this scope of work and fee proposal assumes a new building
would be between 20,000 SF- 30,000 SF and will occupy the existing 5.0 acre site.
PROJECTSCHEDULE
The Scope or Work outlined below is scheduled to be accomplished in a six month timeframe.
KEY PERSONNEL
Robert Coffee Principal
Jean Stolzman Project Design/Management
Reggie Wilson Project Architect
The Scope of Work will be accomplished in three phases as outlined below.
PHASE 1: (Duration: 1 month)
PREDESIGN SERVICESIBUILDING TOURS /GOAL SETTING INTERVIEWS
The Architect shall provide those preliminary design services necessary to assist the City of
Newport Beach in organizing the project schedule, scheduling the building tours and meeting with
the various user groups to set the goals, identify the needs and establish the objectives for the
Oasis Senior Center Project. The following descriptions shall apply to those services.
1.01 Project Administration services including:
A. Initial consultation to define the scope of the work of the project.
B. Preparation of compensation estimates and professional services agreements.
C. Establish project schedule.
D. Project related research.
F. Meetings
1.02 Research /Due Diligence services including:
A. Research of critical applicable city codes and ordinances.
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1.03 Site Research services required to establish and confirm the following detailed
requirements for the project.
A. Prepare site topographic map, including utilities and easements.
B. Identify site constraints and opportunities.
1.04 Existing Building Survey to evaluate the existing building and building systems to
provide comments on the condition and useful life of the facility.
A. Prepare "white paper analysis" of the existing building including the following:
1. Architectural Space/Use /Functional analysis of existing building.
2. Structural Engineer's analysis of the existing building structure.
3. Mechanical /Plumbing Engineer's analysis of the existing building systems.
4. Electrical Engineer's analysis of the existing building systems.
5. Site/landscape evaluation.
1.05 Conduct Building Tours with a designated group of City Staff and user group
representatives. Assist City Staff in deciding what projects the tour will visit. Assume the
tours will require two days and visit four to six Senior Centers.
A. Prepare hand -outs to assist participants in recording their observations.
B. Compile the hand -outs and recorded observations into a Summary Booklet to be
shared with the staff and other users.
1.06 Conduct User Group Interviews to set goals, identify needs and establish objectives
with the following groups. Compile a Summary Booklet of the Goals, Needs and
Objectives.
A. Friends of Oasis Board of Directors
B. Capital Campaign Fund Raising Group
C. Special Events Staff
D. Instructors/Users for Art Classes, Health and Wellness Programs and
Educational Classes.
1.04 One meeting.
1.05 Two tours.
1.06 Four meetings.
PHASE ONE
SUMMARY OF MEETINGS
PHASE ONE
SUMMARY OF DELIVERABLES
1.03 Site topographic map including utilities and easements.
1.04 White Paper Analysis of existing Oasis Senior Center.
1.05 Hand -outs for Facility Tours. Summary Booklet of Facility Tour Handouts.
1.06 Summary Booklet of Goals, Needs and Objectives from User Group Meetings.
E
PHASE 2: (Duration: 3 months)
PROGRAMMING AND MASTER PLANNING
0
The Architect shall provide the following services necessary to prepare a Space Needs Analysis
Building Program, Master Site and Building Land Use Plans. The information collected in the
previous phase will be used to guide the programming and master planning work effort. The
following descriptions shall apply to those services:
2.01 Project Administration services including:
A. Consultation.
B. Research.
C. Conferences and meetings.
2.02 Discipline and Document Coordination services including:
A. Coordination between the architectural work and the work of other involved
disciplines for the project.
B. Coordination of the work between City Staff and Project Design Team
2.03 Programming and Space Planning services to be coordinated with the City Staff and
appropriate user groups to develop a Building Program Manual including the following:
(Assume three meetings with staff).
A. Area Needs Analysis
B. Time/Activity Use Analysis
C. Occupancy /Room Use Studies
D. Building Furnishing Studies
E. Documentation of Fund Raising Alternatives
F. Documentation of Sustainable Design Goals and Strategies
G. Identification of Building Materials and Systems
2.04 Master Planning services to be coordinated with the City Staff and appropriate user
groups including the development of the following: (Assume two meetings with Staff).
A. Preparation of Alterative Site Land Use Studies
B. Preparation of Alternative Building Floor Plan Studies
C. Preparation of Building Design and Building Image Board
2.05 Conduct Concept Design Workshop to present the work accomplished in this phase to
the user groups and to build consensus for the most appropriate solution
A. Review Building Program Manual
B. Review Alternative Site and Building Plan Studies
C. Identify the most appropriate solution.
PHASE TWO
SUMMARY OF MEETINGS
2.03 Three meetings.
2.04 Two meetings.
2.05 One Workshop Presentation
10
PHASE TWO
SUMMARY OF DELIVERABLES
0
2.03 Building Program Manual
2.04 Two Alternative Site and Building Land Use Studies and Image Boards
PHASE 3: (Duration: 2 months)
PREPARATION OF CONCEPTUAL DESIGN PACKAGE
The Architect will refine the Programming and Master Planning documentation and prepare
Conceptual Design Documentation and a Statement of Probable Construction Costs based on the
requirements and criteria established by the work approved in the previous two phases.
3.01 Project Administration services including;
A. Consultation.
B. Research.
C. Conferences and meetings.
D. Meeting minutes.
E. Direction of the work of in -house architectural team.
3.02 Discipline Coordination /Document Checking:
A. Coordination between the architectural and landscape 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.
3.03 Presentations for Review and Approval
A. Presentation to Staff
B. Presentation to City Council.
C. Presentation to Friends of Oasis and Seniors.
D. Presentation to Prospective Donors.
3.04 Architectural Design /Documentation services during the Conceptual Design Phase
responding to program, planning and preliminary concept design requirements will consist
of the preparation of the following:
A. Site Plan
B. Building Floor Plan
C. Building Elevations and Sections
D. Exterior Renderings (2)
E. Interior Rendering (1)
F. Outline Specifications
3.05 Structural Engineering Design services consisting of the preparation of a conceptual
structural system design and outline specifications for cost estimating purposes.
3.06 Mechanical/Plumbing Engineering Design services consisting of the preparation of a
conceptual mechanical /plumbing system design and outline specifications for cost
estimating purposes.
3.07 Electrical Engineering Design services consisting of the preparation of a conceptual
electrical power/lighting system design and outline specifications for cost estimating
purposes.
0
E
3.08 Civil Engineering Design /Documentation services consisting of the preparation of a
preliminary grading analysis and earthwork calculations for cost estimating purposes.
3.09 Landscape Design/Documentation services consisting of the preparation of a
conceptual landscape plan and specifications for cost estimating purposes.
3.10 Statement of Probable Construction Cost provided in CSI format.
PHASE THREE
SUMMARY OF MEETINGS
3.03 Four meetings/presentations.
PHASE TWO
SUMMARY OF DELWERABLES
3.04 Conceptual Landscape/Site Plan
Building Floor Plan
Building Elevations and Sections
Exterior Renderings (2)
Interior Rendering (1)
Outline Specifications (will include narrative from engineers as outlined in 3.05 -3.07)
3.10 Statement of Probable Construction Costs (will include cost for information from 3.08 and
3.09).
0 0
EXHIBIT B
PROFESSIONAL SERVICES FEE
for
PROGRAMMING, MASTER PLANNING AND CONCEPTUAL DESIGN
ARCHITECTUREIENGINEERING AND COST ESTIMATING SERVICES
FEE PROPOSAL
The total scope of work outlined in the Scope of Work, EXHIBIT A, shall be provided on a time
and materials basis not to exceed $98,840.00.
BREAKDOWN OF FEE PROPOSAL:
SUMMARY:
ARCHITECTURAL SERVICES: $62,140.00
CONSULTANT SERVICES: $25,700.00
REIMBURSABLE EXPENSES: $11.000.00
TOTAL: $98,840.00
ARCHITECTURAL SERVICES:
Please reference the attached Fee Proposal Task Sheet for detail costs for each phase.
Phase One: Building Tours and Interviews $15,540.00
Phase Two: Programming and Master Planning $22,600.00
Phase Three: Conceptual Design $24.000.00
Total: $62,140.00
CONSULTANT SERVICES
Consultant services included in this fee proposal are:
Structural Engineer
Nelson Consulting Engineers
$4,800.00
Electrical Engineer
FBA Engineers
$2,500.00
Mechanical /Plumbing Engineer
TKSC Engineers
$3,500.00
Civil Engineer
MCE Consultants
$2,000.00
Landscape Architect
RJM Design Group, Inc.
$5,400.00
Construction Cost Estimator
Certified Construction Management, Inc.
$7.500.00
Total: . $25,700.00
REIMBURSABLE EXPENSES
Reimbursable expenses are Included in the not to exceed amount listed above and will not
exceed $11,000.00. Reimbursable Expenses include the following:
1. Three Renderings ($7,500 "00)
2. Plotting and Document Reproduction
3. Postage and Overnight Mail
4. Deliveries
5. Photography and film development
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.
ADDITIONAL SERVICES
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:
$160.001hour
Project Architect:
$120.001hour
Project Designer/Manager:
$100.001fwur
Job Captain:
$85.001hour
Drafting:
$50.001hour
Clerical:
$30.001hour
SERVICES NOT INCLUDED
1" Soils or geology determinations and soils investigations.
2. Audio Visual Systems Designer
3. Food Service Equipment designer
4. Furniture and Equipment Specifications
OASIS SENIOR CENTER
TASKS
PRINCIPAL
PROJECT
ARCHITECT
PROJECT
DESIGNER
MANAGER
JOB
CAPTAIN
DRAFTS-
MAN
CLERICAL
DIRECT
COST OF
CONSULT.
TOTAL COST
$160.001
$120.001
$100.001
$85.001
$50.001
$30.001
1
PHASE 1: BUILDING TOURS AND INTERVIEWS
1.01 Project Admin.
8
1
1
$1,500.00
1.02 Research
1
1
2
$480.00
1.03 Site Research
1
3
4
1,400.00
$2,320.00
1.04 Existing Building Survey
4
4
16
5,600.00
$8,320.00
1.05 Tours
16
0
24
$4,960.00
1.06 Interviews
16
0
24
$4,960.00
SUBTOTAL
$7,000.00
$22,540.00
PHASE 2: PROGRAMMING AND MASTER PLANNING
2.01 Project Administration
10
4
12
$3,280.00
2.02 Coordination
2
4
12
$2,000.00
2.03 Programming
24
4
32
8
$7,760.00
2.04 Master Planning
24
4
32
7,500.00
$15,020.00
2.05 Workshop
6
4
6
$2,040.00
SUBTOTAL
$7,500.00
$30,100.00
PHASE 3: CONCEPTUAL DESIGN
3.01 Project Admin.
4
2
6
$1,480.00
3.02 Coordination
2
4
12
$2,000.00
3.03 Presentations
16
4
16
$4,640.00
3.04 Arch. Doc.
32
32
32
40
$14,160.00
3.05 Struct. Doc.
700.00
$700.00
3.06 Mech. Doc.
500.00
$500.00
3.07 Elec. Doc.
500.00
$500.00
3.08 Civil Engineering
600.001
$600.00
3.09 Landscape Doc.
1,400.00
$1,400.00
3.10 Cost Estimate
4
3
6
4
7,500.00
$9,220.00
SUBTOTAL
$11,200.00
$35,200.00
GRAND TOTAL HOURS
170
74
237
0
40
12
GRAND TOTAL COSTS
$25,700.00
$87,840.00
•
•
Fax #; • •
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
Date Completed: 3 -27 -07 Sent t
Company /Person required to have certificate:
1. GENERAL LIABILITY
Dept. /Contact Received From: Shauna Oyler
o: Shauna By: April Walker
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 $1M or greater): What is limit provided?
2mil agg/lmil 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.
11. 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? NIA ❑ 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.
III.
0
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 ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: Additional insured endorsement missing.
Robert Coffee ... Auto Endorset . Page 1 of 1'
Oyler, Shauna
From: April Walker [AWalker @bbsocal.com]
Sent: Monday, April 02, 2007 9:53 AM
To: Oyler, Shauna
Subject: RE: Robert Coffee ... Auto Endorsement
Hi Shauna,
The policy form satisfies the auto additional insured requirement. All is now in order.
ApnfWalker, CIC
Sr. Account Manager
Brown & Brown of California, Inc.
P.O. Box 6989
Orange, CA 92863
Direct Phone # 714 - 221 -1813
Fax: 714 -221 -4196
License #0785279
NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and
privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also,
be aware that coverage may not be bound, altered or cancelled by the use of email.
From: Oyler, Shauna [mailto:SOyler @city.newport- beach.ca.us]
Sent: Thursday, March 29, 2007 3:11 PM
To: April Walker
Subject: Robert Coffee ... Auto Endorsement
Please see the first two pages and let me know if you will accept them for the Auto
endorsement.
Thanks
<<0213_001.pdf>>
04/02/2007
•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
311100-2,,-1
(: - 3Rw
Agenda Item No. 9
March 13, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C e
FROM: Public Works Department
Lloyd Dalton, PE
(949) 644 -3328 or Idalton @city.newport- beach.ca.us APPROVED
SUBJECT: OASIS REDEVELOPMENT CONCEPTUAL PLAN — APPROVAL OF A
PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE
ARCHITECT + ASSOCIATES
RECOMMENDATION:
Approve a Professional Services Agreement with Robert R. Coffee Architects +
Associates for architectural services at a not -to- exceed price of $98,840, and authorize
the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The City Council has committed $80,000 in the FY 2006 -07 budget for preparing a
conceptual plan to remodel or redevelop facilities at OASIS Senior Center. Staff
desires to retain consultant services to prepare the plan needed for the project.
Consultant Selection:
Staff solicited professional qualifications in an advertisement that was placed in the Daily
Pilot and from ten architectural firms known to have expertise in recreation facility
planning and design. Three firms responded by submitting their qualifications. Staff
from Recreation Department, OASIS and Public Works Department then reviewed the
firms' qualifications, past experience on similar projects, availability, and references.
After interviews with representatives from the firms, staff then rated Robert R. Coffee
Architects + Associates as the most qualified firm to do the work.
Scope of Services:
Coffee has proposed to provide a program needs assessment, concept plans and
preliminary cost estimates for the project as specified in Scope of Services, Exhibit A to
the Professional Services Agreement (PSA) attached hereto. The planning will include
meetings with City staff, tours to neighboring senior facilities, etc., as needed to
establish the needs and goals for the project. Alternative site development schemes
OASIS Redevelopment Concepbrel Plan — Appe of a Professional Services Agreement
with Robert R. Coffee Architect + Associates
March 13, 2007
Page 2
will be explored in order to determine the most desirable site layout and to develop
consensus among the interested parties as to ease of access and egress, building and
parking locations, onsite circulation, aesthetics, landscaping, lighting, etc.
Fees:
Upon negotiation of services and fees, Coffee has agreed to provide a complete scope
of predesign, master planning and conceptual design services for the project as
specified in Professional Services Fee, Exhibit B to the PSA attached hereto. The not-
to- exceed $98,840 fee includes Coffee's architectural services, subconsultant services,
and reimbursable expenses such as printing, copying, three renderings, etc. Coffee's
hourly rates are also included in Exhibit B to the agreement.
Environmental Review:
Not Applicable at this time.
Public Notice:
Not Applicable at this time.
Funding Availability:
Sufficient funds are available to pay for Coffee's services in the following accounts:
Account Description
Services — Prof & Tech
Special Department Expense
OASIS Senior Center Retrofit
. . D . .
M- .
Attachment: Professional Services Agreement
Exhibit A
Exhibit B
Account Number
Amount
4410-8080
$80,000
4410-8250
7,000
7011- C4410761
11.840
Total:
$98,840
Submitted by:
Director
E
0
PROFESSIONAL SERVICES AGREEMENT WITH
ROBERT R. COFFEE ARCHITECT + ASSOCIATES FOR
OASIS REDEVELOPMENT CONCEPT PLAN
THIS AGREEMENT is made and entered into as of this day of March, 2007, by
and between the City of Newport Beach, a Municipal Corporation ( "City"), and Robert
R. Coffee Architects + Associates, sole proprietor, whose address is 1470 Jamboree
Road, Suite 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 redevelop OASIS Senior Center.
C. City desires to engage Consultant to provide Concept Plan services for the
redevelopment of OASIS Senior Center ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Robert R.
Coffee, Architect.
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 31st day of December, 2007, 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. City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
0 0
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
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 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 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 Ninety Eight Thousand Eight Hundred Forty and no /100 dollars
($98,840) 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
limited and include nothing more than the following costs incurred by
Consultant:
2
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
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Jean Stolzman 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 Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd
Dalton shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
3
0
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,
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
4
0 0
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
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 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 Consultant
on 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 Project proceeds in a manner consistent with City goals and
policies.
5
0
13. PROGRESS
E
Consultant is responsible for keeping the Project Administrator and/or his duly
authorized designee informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnificatiorl 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 prior to commencement of perfonnance. 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 City.
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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it. 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 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:
L 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
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 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 venturer 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. 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. City is an intended beneficiary of any work performed
by the subcontractor for purposes of establishing a duty of care between the
subcontractor and 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.
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.
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.
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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
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.
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
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restoration expense shall be bome 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 Project.
26. CONFLICTS OF INTEREST
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: Lloyd Dalton
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Robert R. Coffee
Robert R. Coffee Architects + Associates
1470 Jamboree Road, Suite 200
Newport Beach, CA
Phone: 949 - 760 -8668
Fax: 949 - 759 -9381
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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.
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.
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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.
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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:
or ity ttomey C'
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
CONSULTANT:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
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
PROGRAMMING, MASTER PLANNING AND CONCEPTUAL DESIGN
ARCHITECTUREIENGINEERING AND COST ESTIMATING SERVICES
PROJECT DESCRIPTION
The project can be generally described as preparing a space program needs assessment,
concept plans and preliminary cost estimate for the Oasis Senior Center located at the comer of
Marguerite Avenue and Fifth Avenue in Corona Del Mar, California. Though it will have to be
substantiated by the space program, this scope of work and fee proposal assumes a new building
would be between 20,000 SF -30,000 SF and will occupy the existing 5.0 acre site.
PROJECT SCHEDULE
The Scope of Work outlined below is scheduled to be accomplished in a six month timeframe.
KEY PERSONNEL
Robert Coffee Principal
Jean Stolzman Project Desfgn/Management
Reggie Wilson Project Architect
The Scope of Work will be accomplished in three phases as outlined below.
PHASE 1: (Duration: 1 month)
PREDESIGN SERVICESIBUILDING TOURSIGOAL SETTING INTERVIEWS
The Architect shall provide those preliminary design services necessary to assist the City of
Newport Beach in organizing the project schedule, scheduling the building tours and meeting with
the various user groups to set the goals, identify the needs and establish the objectives for the
Oasis Senior Center Project. The following descriptions shall apply to those services.
1.01 Project Administration services including:
A. Initial consultation to define the scope of the work of the project.
B. Preparation of compensation estimates and professional services agreements.
C. Establish project schedule.
D. Project related research.
F. Meetings
1.02 Research /Due Diligence services including:
A. Research of critical applicable city codes and ordinances.
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1.03 Site Research services required to establish and confirm the following detailed
requirements for the project.
A. Prepare site topographic map, including utilities and easements.
B. Identify site constraints and opportunities.
1.04 Existing Building Survey to evaluate the existing building and building systems to
provide comments on the condition and useful life of the facility.
A. Prepare "white paper analysis" of the existing building including the following:
1. Architectural Space/Use/Functional analysis of existing building.
2. Structural Engineer's analysis of the existing building structure.
3. Mechanical/Plumbing Engineer's analysis of the existing building systems.
4. Electrical Engineer's analysis of the existing building systems.
5. Site/landscape evaluation.
1.05 Conduct Building Tours with a designated group of City Staff and user group
representatives. Assist City Staff in deciding what projects the tour will visit. Assume the
tours will require two days and visit four to six Senior Centers.
A. Prepare hand -outs to assist participants in recording their observations.
B. Compile the hand -outs and recorded observations into a Summary Booklet to be
shared with the staff and other users.
1.06 Conduct User Group Interviews to set goals, identify needs and establish objectives
with the following groups. Compile a Summary Booklet of the Goals, Needs and
Objectives.
A. Friends of Oasis Board of Directors
B. Capital Campaign Fund Raising Group
C. Special Events Staff
D. Instructors/Users for Art Classes, Health and Wellness Programs and
Educational Classes.
1.04 One meeting.
1.05 Two tours.
1.06 Four meetings.
PHASE ONE
SUMMARY OF MEETINGS
PHASE ONE
SUMMARY OF DELIVERABLES
1.03 Site topographic map including utilities and easements.
1.04 White Paper Analysis of existing Oasis Senior Center.
1.05 Hand -outs for Facility Tours. Summary Booklet of Facility Tour Handouts.
1.06 Summary Booklet of Goals, Needs and Objectives from User Group Meetings.
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PHASE 2: (Duration: 3 months)
PROGRAMMING AND MASTER PLANNING
The Architect shall provide the following services necessary to prepare a Space Needs Analysis
Building Program, Master Site and Building land Use Plans. The information collected in the
previous phase will be used to guide the programming and master planning work effort. The
following descriptions shall apply to those services:
2.01 Project Administration services including:
A. Consultation.
B. Research.
C. Conferences and meetings.
2.02 Discipline and Document Coordination services including:
A. Coordination between the architectural work and the work of other involved
disciplines for the project.
B. Coordination of the work between City Staff and Project Design Team
2.03 Programming and Space Planning services to be coordinated with the City Staff and
appropriate user groups to develop a Building Program Manual including the following:
(Assume three meetings with staff).
A. Area Needs Analysis
B. Time/Activity Use Analysis
C. Occupancy /Room Use Studies
D. Building Furnishing Studies
E. Documentation of Fund Raising Alternatives
F. Documentation of Sustainable Design Goals and Strategies
G. Identification of Building Materials and Systems
2.04 Master Planning services to be coordinated with the City Staff and appropriate user
groups including the development of the following: (Assume two meetings with Staff).
A. Preparation of Alterative Site Land Use Studies
B. Preparation of Altemative Building Floor Plan Studies
C. Preparation of Building Design and Building Image Board
2.05 Conduct Concept Design Workshop to present the work accomplished in this phase to
the user groups and to build consensus for the most appropriate solution
A. Review Building Program Manual
B. Review Alternative Site and Building Plan Studies
C. Identify the most appropriate solution.
PHASE TWO
SUMMARY OF MEETINGS
2.03 Three meetings.
2.04 Two meetings.
2.05 One Workshop Presentation
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PHASE TWO
SUMMARY OF DELIVERABLES
2.03 Building Program Manual
2.04 Two Alternative Site and Building Land Use Studies and Image Boards
PHASE 3. (Duration: 2 months)
PREPARATION OF CONCEPTUAL DESIGN PACKAGE
The Architect will refine the Programming and Master Planning documentation and prepare
Conceptual Design Documentation and a Statement of Probable Construction Costs based on the
requirements and criteria established by the work approved in the previous two phases.
3.01 Project Administration services including;
A. Consultation.
B. Research.
C. Conferences and meetings.
D. Meeting minutes.
E. Direction of the work of in -house architectural team.
3.02 Discipline Coordination/Document Checking:
A. Coordination between the architectural and landscape 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.
3.03 Presentations for Review and Approval:
A. Presentation to Staff
B. Presentation to City Council.
C. Presentation to Friends of Oasis and Seniors.
D. Presentation to Prospective Donors.
3.04 Architectural Design/Documentation services during the Conceptual Design Phase
responding to program, planning and preliminary concept design requirements will consist
of the preparation of the following:
A. Site Plan
B. Building Floor Plan
C. Building Elevations and Sections
D. Exterior Renderings (2)
E. Interior Rendering (1)
F. Outline Specifications
3.05 Structural Engineering Design services consisting of the preparation of a conceptual
structural system design and outline specifications for cost estimating purposes.
3.06 Mechanical /Plumbing Engineering Design services consisting of the preparation of a
conceptual mechanical /plumbing system design and outline specifications for cost
estimating purposes.
3.07 Electrical Engineering Design services consisting of the preparation of a conceptual
electrical power/lighting system design and outline specifications for cost estimating
purposes.
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3.08 Civil Engineering Design/Documentation services consisting of the preparation of a
preliminary grading analysis and earthwork calculations for cost estimating purposes.
3.09 Landscape Design /Documentation services consisting of the preparation of a
conceptual landscape plan and specifications for cost estimating purposes.
3.10 Statement of Probable Construction Cost provided in CSI format.
PHASE THREE
SUMMARY OFMEETINGS
3.03 Four meetings /presentations.
PHASE TWO
SUMMARY OF DELIVERABLES
3.04 Conceptual Landscape/Site Plan
Building Floor Plan
Building Elevations and Sections
Exterior Renderings (2)
Interior Rendering (1)
Outline Specifications (will include narrative from engineers as outlined in 3.05 -3.07)
3.10 Statement of Probable Construction Costs (will include cost for information from 3.08 and
3.09).
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OASIS SENIOR CENTER
EXHIBIT B
PROFESSIONAL SERVICES FEE
for
PROGRAMMING, MASTER PLANNING AND CONCEPTUAL DESIGN
ARCHITECTUREIENGINEERING AND COST ESTIMATING SERVICES
FEE PROPOSAL
The total scope of work outlined in the Scope of Work, EXHIBIT A, shall be provkled on a time
and materials basis not to exceed $88,840.00.
BREAKDOWN OF FEE PROPOSAL:
SUMMARY:
ARCHITECTURAL SERVICES: $62,140.00
CONSULTANT SERVICES: $25,700.00
REIMBURSABLE EXPENSES: $11,000,00
TOTAL: $88,840.00
ARCHITECTURAL SERVICES:
Please reference the attached Fee Proposal Task Sheet for detail costs for each phase.
Phase One: Building Tours and Interviews $15,540.00
Phase Tyro: Programming and Master Pianning $22,600.00
Phase Three: Ccnceotual Design $24,000.00
Total: $62,140.00
CONSULTANT SERVICES
Consultant services included in this fee proposal are:
Structural Engineer
Nelson Consulting Engineers
$4,800.00
Electrical Engineer
FBA Engineers
$2,500.00
Mechanicat/Plumbing Engineer
TKSC Engineers
$3,500.00
Civil Engineer
MCE Consultants
$2,000.00
Landscape Architect
RJM Design Group, Inc.
$5,400.00
Construction Cost Estimator
Certified Constriction Management Inc
$7,500.00
Total: . $25,700.00
EXPENSES
Reimbursable expenses are included in the not to exceed amount listed above and will not
exceed $11,000.00. Reimbursable Expenses include the following:
s 1. Three Renderings ($7,500.00)
2. Plotting and Document Reproduction
t 3. Postage and Overnight Mad
4. Deliveries
5. Photography and film development
j BUings shall he 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.
ADDITIONAL SERVICES
In accordance with Section 4.3 of the Professional Services Agreement, additional services will be
billed in accordance with the following Schedule of Bidktg Rates.
Principal:
$160.001hour
Project Architect:
E120.001hour
Project Designer/Manager.
$100.001hour
Job Captain:
$85.001hour
Drafting:
$50.00/hour
Clerical:
$30.6mour
SERVICES NOT INCLUDED
1. Sods or geology determinations and sails investigations.
2. Audio Visual Systems Designer
3. Food Service Equipment Designer
4. Furniture and EquipmentSpeclfcations
OASIS SENIOR CENTER
TASKS
PRINCIPAL
PROJECT
ARCHITECT
PROJECT
DESIGNER
MANAGER
JOB
CAPTAIN
DRAFTS-
MAN
CLERICAL
DIRECT
COST OF
CONSULT.
TOTAL COST
$160.001
$120.001
$100.001
$85.001
$50,001
$30.001
1
PHASE 1: BUILDING TOURS AND INTERVIEWS
1.01 Project Admin.
8
1
1
$1,500.00
1.02 Research
1
1
2
$480.00
1.03 Site Research
1
3
4
1,400.00-
$2,320.00
1.04 Existing Building Survey
4
4
16
5,600.00.
$8,320.00
1.05 Tours
16
0
24
$4,960.00
1.06 Interviews
16
0
24
$4,960.00.
SUBTOTAL
$7,000.00
$22,540.00
PHASE 2: PROGRAMMING AND MASTER PLANNING
2.01 Project Administration
10
41
12
$3,280.00
2.02 Coordination
2
4
12
$2,00040
2.03 Programming
24
4
32
8
$7 760.00
2.04 Master Planning
24
4
32
7,500.00
$16.020.00
2.05 Workshop
6
4
6
$2,040.00,
SUBTOTAL
$7,500.00
$30,100.00
PHASE 3: CONCEPTUAL DESIGN
3.01 Project Admin.
4
2
6
$1,480.00
3.02 Coordination
2
4
12
$2,000.00
3.03 Presentations
16
4
16
$4,640.00
3.04 Arch. Doc.
32
32
32
40
$14160.00
3.05 Struct. Doc.
700.00
$700.00
3.06 Mach. Doc.
500.00
$500.00
3.07 Elec. Doc.
500.00
$500.00
3.08 Civil Engineering
600.00
$600.00
3.09 Landscape Doc.
1,400.00
$1,400.00
3.10 Cost Estimate
4
3
6
4
715-0-000-
$9220.00
SUBTOTAL
1
$11,200.00
$35,200.00
GRAND TOTAL HOURS
170
74
237
0
40
12
GRAND TOTAL COSTS
$25,700.00
$87,840.00
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