HomeMy WebLinkAbout08 - Newport Beach Junior Lifeguard Building DesignTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
May 14, 2019
Agenda Item No. 8
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: David A. Webb, Public Works Director - 949-644-3311,
dawebb(a newportbeachca.gov
Peter Tauscher, Senior Civil Engineer - 949-644-3316,
ptauscher(a�newportbeachca.gov
TITLE: Newport Beach Junior Lifeguard Building Design — Approval of
Professional Services Agreement (19F13)
ABSTRACT:
Staff issued a Request for Proposals (RFP) for professional architectural, conceptual
planning and engineering services to prepare concept plans, project permitting and
construction documents for a Newport Beach Junior Lifeguard Building near the Balboa
Pier. Staff requests City Council's approval to enter into a Professional Services
Agreement with Jeff Katz Architecture (JKA).
RECOMMENDATION:
a) Determine this action of hiring a design consultant is not subject to the California
Environmental Quality Act ("CEQA") pursuant to 15060(c)(3), in that the activity is not
a project as defined in Section 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3. The retention of a design consultant does not
authorize any specific development or project and would only provide preliminary
conceptual design options for a potential future project that would be subject to
subsequent environmental review; and
b) Approve a Professional Services Agreement with JKA of San Diego, California, for
Newport Beach Junior Lifeguard Building project at a not -to -exceed price of
$420,000.00, and authorize Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for the concept development
(Phase 1) of this agreement. It will be expensed to the Junior Lifeguard Building account
in the Capital Improvement Program budget, 53101-980000-19F13. Funding for the
remaining design is included in the Proposed Budget Revisions Checklist for the FY
2019/20 Capital Improvement Program budget for City Council consideration.
W
Newport Beach Junior Lifeguard Building Design —
Approval of Professional Services Agreement (19F13)
May 14, 2019
Page 2
DISCUSSION:
The Newport Beach Junior Lifeguard program was established in 1984 and quickly
expanded over the years, becoming one of the City's most popular youth education
programs. The program now employs about 60 instructors and averages over 1,400
program participants each summer. Several current lifeguards and full-time staff
members started their lifeguarding experience as junior lifeguards. The current facility
consists of a 2,160 square foot modular trailer system that has no water or sewer
connections.
At the April 9, 2019 study session, staff presented the Junior Lifeguard Building project to
Council, providing a program history, possible future building locations, building
restrictions/options, preliminary costs estimates, and Junior Lifeguard Foundation
fiduciary commitment. At the meeting, the Junior Lifeguard Foundation committed
$1,250,000 toward the cost of construction. Council directed staff to proceed with
awarding the design contract for development of concept and replacement parking plans
with the preferred project location nearest the currentjunior lifeguard facility in the A Street
Parking lot. Additional considerations included that the design should account for junior
lifeguard usage, off-season building rentals, and providing a parking neutral solution.
The FY 2018/19 Capital Improvement Program provides funding for conceptual planning
and design. Consequently, staff invited seven (7) architectural design firms to submit
proposals for consideration of the junior lifeguard building concept and final designs. Staff
received four proposals and formed a review team consisting of staff from the Fire and
Public Works Departments. Using a qualification -based selection process, each of the
four proposals were evaluated and scored based on the consultant team's experience
and qualifications, planning and design approach, design ideas, and projected level of
effort. Through this process Jeff Katz Architecture (JKA) was unanimously selected as
the most qualified and responsive firm for this project (scoring table below). JKA has an
impressive record of accomplishments, having successfully completed several life safety
building projects for various agencies throughout California.
RANK
PROPOSER
SCORE
1
JKA
92/100
2
RM Architecture
83/100
3
Gensler
80/100
4
Brandon Architects/MVE + Partners
71/100
The proposed not -to -exceed fee of $420,000.00 is consistent with the level of design
effort (work hours) that is required to complete this project. This work scope includes
development of two conceptual designs: one for the Junior Lifeguard Building and another
for the Main Street Parking Lot reconfiguration.
Newport Beach Junior Lifeguard Building Design —
Approval of Professional Services Agreement (19F13)
May 14, 2019
Page 3
Upon completion and approval of these two concept plans, this contract then continues
work to develop only the Junior Lifeguard Building concept: refining spaces, selecting
materials, and working with utility companies on designs; preparing the environmental
documents (e.g. CEQA, Coastal); and obtaining permits from regulatory agencies,
preparing construction documents and providing contact administration. The Main Street
Parking Lot will be separated from the building project, with construction documents
generated reconfiguring the parking lot as a stand-alone construction project.
The time necessary to complete the concept design, obtain all the necessary regulatory
approvals, complete the project design and award a project for construction is estimated
at around 26 months. It is projected construction can start fall 2021.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action of hiring a design consultant is not
subject to the California Environmental Quality Act ("CEQA") pursuant to 15060(c)(3),in
that the activity is not a project as defined in Section 15378 of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3. The retention of a design consultant
does not authorize any specific development or project and would only provide
preliminary conceptual design options for a potential future project that would be subject
to subsequent environmental review.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
ATTACHMENT A
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JUNIOR LIFEGUARD BUILDING
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PROJECT LIMITS
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7261-01
5/14/2019
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH JEFF KATZ ARCHITECTURAL CORPORATION FOR
NEWPORT BEACH JUNIOR LIFEGUARD BUILDING
ENGINEERING AND ARCHITECTURE SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 14th day of May, 2019 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
JEFF KATZ ARCHITECTURAL CORPORATION, a California corporation ("Consultant"),
whose address is 6353 Del Cerro Blvd, San Diego, California 92120, 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 desires to engage Consultant to provide evaluation and design engineering
and architectural services for the Newport Beach Junior Lifeguard Building Project
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on June 30, 2022, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
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4.1 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 Four Hundred Twenty
Thousand Dollars and 00/100 ($420,000.00), 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.
4.2 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) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Jeff Katz Architectural Corporation Page 2
4.4 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
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jeff Katz, AIA 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.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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
and with the ordinary degree of skill and care that would be used by other reasonably
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competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and 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, 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
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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. No civil
service status or other right of employment shall accrue to Consultant or its employees.
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 of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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
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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 co -tenancy, 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
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (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. Additionally, all material posted in cyberspace 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, including all logins
and password information to City upon prior written request.
17.2 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.
17.3 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
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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 the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's 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 Consultant or contractor bids or actual cost to City.
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 expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
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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.
22. 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 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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. 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.
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26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jeff Katz, AIA
Jeff Katz Architectural Corporation
6353 Del Cerro Blvd.
San Diego, CA 92120
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
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Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 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.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
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subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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, State of California.
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30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Z om
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
p�;Aaron C. Harp Diane B. Dixon
City Attorney Mayor
ATTEST:
Date:
CONSULTANT: Jeff Katz Architectural
Corporation, a California corporation
Date:
By: By:
Leilani I. Brown Jeff Katz
City Clerk Chief Executive Officer and Chief
Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Jeff Katz Architectural Corporation Page 13
E;�p
EXHIBIT A
SCOPE OF SERVICES
NEWPORT BEACH JUNIOR LIFEGUARD BUILDING
ENGINEERING AND ARCHITECTURE SERVICES
Consultant shall perform the following Services:
PHASE 1
Phase 1 is based on developing a concept design for a single location, and developing a
Pros and Cons summary of two alternate site locations for near the Balboa Pier area (to
be determined). Detailed design drawings will not be prepared for the two alternate site
locations. The Phase 1 scope will consist of:
• Conduct field observation of existing Junior Lifeguard facilities and surrounding
areas.
• Meet with Project Team / stakeholders to discuss budget, program and design
issues. The intent is to develop a detailed design program.
• Develop Preliminary Building Floor Plans and Building Elevations.
• Prepare conceptual site drawings indicating placement of structures and amenities
on site. This will include the following: building site orientation, site ingress and
egress, and miscellaneous site information.
• Preliminary Civil Plans including preliminary grading and utility plans.
• Provide topographic survey and Geotechnical Investigation for the single selected
site.
• Prepare preliminary landscape and hardscape plans.
• Coordinate with City, systems requirements for existing or new equipment to be
incorporated.
• Develop structural system consistent with design concept and prepare "Basis of
Design" level narrative.
• Develop building mechanical, plumbing and electrical systems consistent with
design concept and prepare Basis of Design level narrative.
• Conceptual Main Street Parking Lot Plan: Provide Conceptual Plans to replace the
parking City is removing from the A Street Parking Lot, located at A Street west of
Peninsula Park, to be even or increase parking in the Main Parking Lot located at
Main Street directly west of the Balboa Pier. The Concept is to redesign the Main
Street Parking Lot by removing the pay kiosk area and restripe the lot, to get more
Jeff Katz Architectural Corporation Page A-1 8.18
parking and add 25 to 35 parking spaces, and to be able to show that if the Main
Street Parking Lot is reconfigured, the JGLG Building will not leave a parking
deficit.
• Develop Preliminary Cost Estimates based upon building systems. The estimates
prepared at this phase will be generally square foot cost estimates for the various
building components, and will include a design development contingency (to allow
for potential increases as the design is refined further in the later stages of the
project).
• Make required submissions to the City for review and approval. Drawings required
for this submittal would include:
o Site Plan;
o Schematic Floor Plans;
o Preliminary Grading Plan,
o Preliminary Utility Plan-
o Schematic Building Elevations; and
o Conceptual Landscape Plans.
These drawings will include color and material callouts, as well as a colored
building elevation drawings. No physical models are included in this submittal.
After approval of the concept design we will move into Phase 2, which will be
further design refinement.
PHASE 2
• Refine design of Floor Plans, Building Elevations and Site Plan.
• Develop structural foundation and framing plans.
• Develop building mechanical, plumbing and electrical plans.
• Coordinate with City, systems for phone/data/cable requirements.
• Prepare preliminary Interior Elevations, Building Sections, Reflected Ceiling Plan
and Roof Plan.
• Develop preliminary fixture and furniture layouts. A detailed Fixtures, Furniture and
Equipment ("FFE") package is not anticipated, but can be provided at a later date
as an additional service.
• Prepare preliminary interior and exterior materials and color boards for review and
selection.
• Develop detailed grading and utility plans.
Jeff Katz Architectural Corporation Page A-2 8.19
• Prepare Storm Water Hydrology calculations and plans in accordance with local
requirements.
• Develop preliminary line item Construction Cost Estimate based on actual building
components. This estimate will be more detailed than the systems estimate
prepared during schematic design.
• For Phase 2 we have included sixteen (16) team meetings.
• Attend and present at six evening or weekend community meetings with the public.
PHASE 3
• Prepare a schedule and pathway for obtaining all required permits.
• Prepare a preliminary Water Quality Management Plan ("WQMP")
• Prepare CEQA documentation for up to a Mitigated Negative Declaration.
• Assist the City in submitting plans to City Planning and to Coastal Commission.
Scope under this proposal will include:
o Prepare all required drawings;
o Prepare written narratives to describe project design and design impacts;
o Update Construction Cost Estimate;
o Attend up to two meetings each for Planning/City Council and Coastal
Commission related to CUP or Coastal approval; and
o Make requested modifications to design and plans based on comments
from Planning or Coastal. These modifications are assumed to be design
oriented adjustments. Should significant redesign be required such as
alternate site or building footprint then additional services and fees will be
required.
• After receiving approvals on all required Discretionary permits we will proceed into
Phase 4 — Construction Documents/Construction Administration.
PHASE 4
• Prepare drawings and specifications suitable for bidding to clearly delineate the
Contractor's scope of work, including required civil, architectural, structural,
mechanical, plumbing, electrical, and landscape design. It is assumed for this
proposal that the City will provide all required General and Supplementary
Jeff Katz Architectural Corporation Page A-3 8.20
Conditions and Bidding Information. Submittals will be made at 75%, 95% and
Final and will include plans, calculations and specifications.
• Construction Documents will incorporate Geotechnical requirements and
recommendations for soils preparation, foundation and paving design.
• Submit plans to local utility companies for review and approval. (Note: any required
Utility Company fees are not included).
• Submit plans to City Building Department for Building permit plan check, and
perform all required revisions to construction documents based on Building
Department's plan check comments (Note: plan check and permit fees are not
included).
• Update Construction Cost Estimate.
• Attend progress meetings with City staff (assume three meetings for this phase).
• Provide final original drawings and specifications (and electronic copies) for use in
bid packages.
• Interpret and clarify contract documents for contractors, and assist in issuing
addenda as required.
• Attend a Pre -Bid walk-thru at the site with all interested contractors.
• Participate in bid opening, review contractor's detailed cost breakdown, and assist
the City in evaluation of the bids.
CONSTRUCTION CONTRACT ADMINISTRATION SERVICES
Construction contract administration services are based on an eight-month construction
period, from Authorization to Proceed through Punchlist Inspection. The following
services will be provided:
• Attend Pre -Construction conference.
• Review and approve or take other appropriate action upon Contractor's submittals
and shop drawings as required by contract documents.
• Interpret contract documents (including all sub -consultant disciplines) for proper
execution and progress of construction, including responding to contractor's
requests for information and clarification, and issuing ASI's (Architect's
Supplemental Instructions).
• Attend bi-weekly meetings (total of 16) during the course of construction to observe
the project, and prepare site visit reports accordingly. Meetings shall include the
Jeff Katz Architectural Corporation Page A-4 8-21
contractor and City representative to review progress of construction, review
pending RFI and Change Order information, and observe the construction to verify
work is proceeding in accordance with construction documents.
• Provide one site visit per discipline (by the respective engineers) for civil, structural,
electrical, mechanical and landscape architecture, to review progress of
construction and conformance with construction documents.
• Make one additional site visit to perform Punchlist Inspection, and one additional
visit to perform Final Inspection. Punchlist Inspection will include a detailed listing
of all items remaining to be completed by the Contractor. Final Inspection will
certify that all work has been completed in accordance with construction
documents.
• Assist City in review of contractor's initial and progress schedules and Schedule of
Values.
• Assist in reviewing and processing contractor's progress payment requests, and
certifying the amounts due to the contractor.
• Process contractor's building As -Built drawings, warranty information and related
information by forwarding them to the City.
ADDITIONAL SERVICES TO BE PROVIDED AS REQUESTED BY CITY
The following items are not included in the Basic Services and will be provided as
additional services only after written authorization is provided by City in advance. Unless
a subsequent fixed fee proposal is provided, the work will be done on an hourly basis
per the attached Hourly Rate Schedule. Additional Services not included in the basic
scope of work include:
• Revisions to Concept Design resulting from City requested changes to documents
previously approved by the City, or due to code or zoning changes made
subsequent to City approval.
• Preparing separate construction document packages for "fast -tracking"
construction work and/or preparing additional documents for alternate bid items.
• Services required because of significant changes in the project (not due to the
design team's acts or omissions) including, but not limited to, size, quality,
complexity, schedule, or the method for bidding and contracting for construction.
• Processing change requests for Owner requested changes, and for unforeseen
site conditions, after bid, including revisions to Contract Documents, processing
approval of revisions through the Building Department, and Change Order
negotiation.
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• Providing services in conjunction with evaluating substitutions proposed by the
Contractor, and making subsequent revisions to Contract Documents resulting
from such.
• Providing services made necessary by the default of the Contractor, by major
deficiencies in the work of the Contractor, or by failure of performance of either the
Owner or the Contractor under the Contract for Construction.
• Providing services in conjunction with arbitration proceedings or legal proceedings,
except where the Architect is a party to such proceedings.
• Providing "Special Inspection" services required by law or the Contract
Documents.
• Providing Phase One Environmental services for Soils, Asbestos or Lead survey
and remediation.
• Preparation of drawings for work beyond project boundaries (site and immediate
street frontage).
• Preparation of Public Improvement Plans.
• Traffic Engineering.
• Preparation of documentation to process the project through the US Green
Building Council as a LEED project.
• Design of photo -voltaic electrical generation systems.
• Detailed line item construction cost estimates.
• Reimbursable expenses in excess of the amount provided below.
• Plan check and permit fees (if paid by the consultant) will be a reimbursable
expense, charged at 1.1 times the Consultant's cost.
• All delivery, printing and reproduction costs will be a reimbursable expense,
charged at 1.1 times the Consultant's cost.
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EXHIBIT B
SCHEDULE OF BILLING RATES
NEWPORT BEACH JUNIOR LIFEGUARD BUILDING
ENGINEERING AND ARCHITECTURE SERVICES
Consultant shall provide the following:
Phase 1 $ 65,000.00
Phase 2 $ 90,000.00
Phase 3 $ 35,000.00
Phase 4 — Construction Documents $135,000.00
Phase 4 — Construction Administration $ 50,000.00
Geotechnical Investigation $ 15,000.00
Topographic Survey $ 20,000.00
Sub -Total $410,000.00
Reimbursable Expenses $ 10,000.00
Total Not to Exceed ("NTE"): $420,000.00
HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis.
Principal Architect.......................................................................$
230.00 per hour
Project Executive........................................................................$
190.00 per hour
Project Manager.........................................................................$
180.00 per hour
Job Captain.................................................................................$ 145.00 per hour
Specification Writer.....................................................................$
185.00 per hour
Construction Administrator..........................................................$
185.00 per hour
Drafter.........................................................................................$ 115.00 per hour
Secretarial.....................................................................................$
85.00 per hour
Structural Engineer......................................................................$
200.00 per hour
Civil Engineer..............................................................................$
200.00 per hour
Mechanical Engineer..................................................................$
200.00 per hour
Electrical Engineer.....................................................................$
200.00 per hour
Landscape Architect...................................................................$
200.00 per hour
Reimbursable Expenses will be charged at 1.1 times the direct cost.
Jeff Katz Architectural Corporation Page B-1 8.24
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Jeff Katz Architectural Corporation Page C-1 8.25
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 each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Jeff Katz Architectural Corporation Page C-2 8.26
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager 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. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
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G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's 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.
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