HomeMy WebLinkAbout10 - Architecture Services — Amendment No. Three to On-Call PSAQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
September 22, 2020
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tom Sandefur, Assistant City Engineer,
tsandefur@newportbeachca.gov
PHONE: 949-644-3321
TITLE: Architecture Services — Amendment No. Three to On-call
Professional Services Agreement with WLC Architects, Inc. (Contract
No. 8122-1)
ABSTRACT:
Staff requests City Council approval to amend an On-call Professional Services
Agreement (PSA) with WLC Architects, Inc. (WLC) for architecture design services. The
proposed amendment increases the not -to -exceed amount by $75,000 for a total not -to -
exceed amount of $350,000.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. Three to WLC's PSA, to add $75,000 to the current contract
for a total not -to -exceed amount of $350,000; and
c) Authorize the Mayor and City Clerk to execute the amendment.
FUNDING REQUIREMENTS:
The current adopted CIP budget includes sufficient funding for this Amendment. Funding
for on-call design services will be expensed to individual projects including the Facilities
Maintenance Master Plan (FMMP) funds.
DISCUSSION:
WLC was awarded an On -Call PSA for architectural services in June 2016. When the
City needed architectural services for the Police Facility Renovation Project to remodel
the Detective Division and a number of other offices, staff invited WLC to propose for the
design work. Upon successful negotiations, WLC prepared the design of the required
contract documents for the Project.
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Architecture Services — Amendment No. Three to On-call Professional Services
Agreement with WLC Architects, Inc. (Contract 8122-1)
September 22, 2020
Page 2
The partnership between WLC, the Police Department, and Public Works staff from
concepts to construction completion on that project was exemplary. WLC performed well
and has gained valuable knowledge and insights into the Police Department's operational
needs.
The second phase of the Police Department Headquarters improvements has been
designed by WLC and is currently under construction. The project scope includes
renovating the men's shower/restroom/locker room, women's shower/restroom/locker
room/mother's room, armory, and the shooting range. Amendment No. Two to WLC's
PSA was included in this phase due to the increased volume of services and design
complexity.
The third phase of Police Department Headquarters work is the remodel of the upstairs
restrooms to address worn finishes and fixtures and accessibility issues. This work is
planned for and funded within the FY 2020-21 Capital Improvement Program.
Given the scope of specialty design work for this third phase, and WLC's familiarity with
the facility, staff feels that WLC's $26,000 fee for design of the third phase improvements
is reasonable and acceptable. In addition to this architectural design work needed for the
Police facility, there are several other small architectural design efforts anticipated within
this year's Facility Maintenance Master Plan program that staff is looking to ask WLC to
undertake through their current on-call agreement. To accommodate these design
needs, staff requests the PSA with WLC be amended by an additional $75,000 for a total
not -to -exceed amount of $350,000.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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).
ATTACHMENT:
Attachment A — Amendment No. Three to WLC Architect, Inc.'s On-call PSA
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ATTACHMENT A
AMENDMENT NO. THREE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH WOLFF/LANG/CHRISTOPHER ARCHITECTS, INCROPORATED, A
CALIFORNIA CORPORATION DOING BUSINESS AS ("DBA")
WLC ARCHITECTS, INC. FOR ARCHITECTURE SERVICES
THIS AMENDMENT NO. THREE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 22nd day of
September, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and
WOLFF/LANG/CHRISTOPHER ARCHITECTS, INCORPORATED, a California
corporation doing business as ("DBA") WLC ARCHITECTS, INC., a California corporation
("Consultant"), whose address is 8163 Rochester Avenue, Suite 100, Rancho
Cucamonga, CA 91730, and is made with reference to the following:
RECITALS
A. On June 1, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide on-call professional
architectural and engineering services ("Project").
B. On January 22, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, extend the term of the Agreement to May 30, 2021,
and to increase the total compensation.
C. On April 20, 2020, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to increase the total compensation based
upon an increased volume of services not anticipated at the time of the Agreement
or Amendment No. One.
D. The parties desire to enter into this Amendment No. Three to increase the total
compensation based upon an increase volume of services not anticipated at the
time of the Agreement, Amendment No. One, or Amendment No. Two, update the
Conflicts of Interest Section, and update the Insurance Requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Letter Proposal
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
Three Hundred Twenty Five Thousand Dollars and 00/100 ($325,000.00), without
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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.
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty
Thousand Dollars and 00/100 ($50,000.00).
2. CONFLICTS OF INTEREST
Section 25 of the Agreement shall be amended in its entirety and replaced with the
following: "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 seq., 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."
3. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
WLC Architects, Inc. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: i'R
By. r I' icor
Aaron. Harp d
City Attorney aq.a
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT:
WOLFFILANGICHRISTOPHER
ARCHITECTS, INCORPORATED, a
California corporation doing business as
("DBA") WLC ARCHITECTS, INC., a
California corporation
Date-
By.-
Kelley
ate:
By:Kelley S. Needham
Vice President/Chief Financial Officer
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
WLC Architects, Inc. Page 3
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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
WLC Architects, Inc. Page C-1 10-6
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:
WLC Architects, Inc. Page C-2 10.7
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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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.
WLC Architects, Inc. Page C-3 10-8
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.
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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