HomeMy WebLinkAboutC-8705-1 - On-Call PSA for Professional Architectural Design ServicesM
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r AMENDMENT NO. ONE TO
00 ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH COAR DESIGN GROUP (FORMERLY JEFF KATZ ARCHITECTURE
V CORPORATION) FOR PROFESSIONAL ARCHITECTURE SERVICES
THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 14th day of
February, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and COAR DESIGN GROUP, a
California corporation ("Consultant"), whose address is 9640 Granite Ridge Dr., #130,
San Diego, CA 92123, and is made with reference to the following:
RECITALS
A. On June 8, 2021, City and Jeff Katz Architecture Corporation ("Katz") entered into
a Professional Services Agreement ("Agreement") for On -Call Professional
Architecture Services ("Project").
B. On December 22, 2022, the City and Consultant entered into an Assignment
Agreement ("Assignment") assigning the rights under the Agreement from Katz to
Consultant.
C. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to June 7, 2026, to increase the total compensation, and to update
Section 26.3 of the Notices section of the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 7, 2026, unless terminated earlier as set forth herein."
2. 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 Schedule of Billing
Rates attached 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 Seventy
Five Thousand Dollars and 00/100 ($375,000.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seventy Five Thousand Dollars and 00/100 ($75,000.00).
3. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at-
Attn: Jeff Katz
COAR Design
9640 Granite Ridge Dr. #130
San Diego, CA 92123"
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]
COAR Design Group Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a Californ a m nicipal corporation
Date: -24" q Date: 2t►2 �2a2
By: B9yyM
ron C. Harp 5 . Leung
City Attorney a/�/a� nager
ATTEST: CONSULTANT: COAR Design Group, a
Date: California corporation
Date:
r
By: �t
Leilani I. Brown
City Clerk
�q 1.I FO!CL.'
Signed in Counterpart
By:
J eff Katz
Chief Executive Officer, Chief Financial
Officer, Secretary
[END OF SIGNATURES]
COAR Design Group Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �,)/?L9r-(
By:t�
a on C. Harp a�
Cf y Attorney flay
ATTEST:
Date:
in
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: COAR Design Group, a
Californi corporation
Date: z � izczz-4
Chief Exec
Officer, Se(
[END OF SIGNATURES]
ve Officer, Chief Financial
�tary
COAR Design Group Page 3
W
O ON-CALL PROFESSIONAL SERVICES AGREEMENT
r WITH JEFF KATZ ARCHITECTURE CORPORATION FOR
PROFESSIONAL ARCHITECTURE SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 8th day of June, 2021 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and JEFF KATZ ARCHITECTURE CORPORATION, a California corporation
("Consultant"), whose address is 6353 Del Cerro Boulevard, 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 professional architecture services on
an on-call and as needed basis ("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, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter Proposal,
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.
4. COMPENSATION TO CONSULTANT
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 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 Thousand Dollars and 00/100 ($300,000.00), 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
Jeff Katz Architecture Corporation Page 2
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 and the Letter Proposal or specifically approved
in writing in advance by City.
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 and the Letter Proposal.
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 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
Director of Public Works 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
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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
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 and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), 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
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on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. 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.
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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 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 and the Letter Proposal. 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
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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
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
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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
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)
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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.
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: Director of Public Works
Public Works
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
Jeff Katz Architecture Corporation
6353 Del Cerro Boulevard
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.).
Jeff Katz Architecture Corporation Page 9
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,
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
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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
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.
Jeff Katz Architecture Corporation Page 11
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.
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]
Jeff Katz Architecture Corporation Page 12
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:
in C. Ha
Attorney
ATTEST-
Date:—
CITY
TTEST:Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad A ry
Mayor
CONSULTANT: Jeff Katz Architecture
Corporation, a California corporation
Date:
Signed in Counterpart
By: By-
Leilani I. Bro vuP RT Jeff Katz
City Clerk �� Chief Executive Officer and Secretary
v
ND OF SIGNATURES
P
C'gtl FORS\
Attachments: Ex i it A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Jeff Katz Architecture Corporation Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR EY'S OFFICE
Date: 5-112-174
By: l �✓
A on C. Harp' N+M► S Z•�
ity AttornEq
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONSULTANT: Jeff Katz Architecture
Corpotion, a California corporation
Date: /►�,/�z
By:
Leilani I. Brown I e ai
City Clerk Chief E
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
tive Officer and Secretary
Jeff Katz Architecture Corporation Page 13
EXHIBIT A
SCOPE OF SERVICES
The following is a list of on-call architecture Services for conceptual and final
design of building improvements for City capital improvement and maintenance projects
that Consultant shall provide, based upon City's request and acceptance of written Letter
Proposal(s):
■ Prepare conceptual design and architectural renderings.
■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City
Council meetings, etc.)
■ Prepare final design level construction plans, specifications, and estimates.
Specifications shall conform to the Standard Specifications for Public Works
Construction (Greenbook).
■ Prepare American with Disabilities Act (ADA) studies.
■ Incorporate water and energy savings design measures and value engineering
services.
■ Provide bid support.
■ Provide construction support and administration services.
■ Prepare record drawings.
■ Other architecture -related tasks, as necessary.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently
perform the duties in the approved Letter Proposal.
Jeff Katz Architecture Corporation Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Consultant shall provide the Services as outlined in Exhibit A, at the following rates:
.. Title
Principal Architect
Hourly Rate
$266.00
Senior Project Manager
$234.00
Project Manager
$202.00
Design Principal
$202.00
Job Captain
$160.00
Specification Writer
$202.00
Construction Administrator
$197.00
Drafter
$133.00
Secretarial
$96.00
Jeff Katz Architecture Corporation Page B-1
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 and employees.
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
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.
Jeff Katz Architecture Corporation Page C-1
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
and employees 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
and employees 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:
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
Jeff Katz Architecture Corporation Page C-2
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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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.
F. 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 -
Jeff Katz Architecture Corporation Page C-3
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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.
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.
Jeff Katz Architecture Corporation Page C-4
From: Reyes Raymund
To: Morgan, Shelby
Subject: FW: Compliance Alert -Vendor Number FV00000531
Date: Tuesday, June 1, 20214:20:16 PM
-----Original Message -----
From: Customer Service <customerservice�ebix.com>
Sent: Thursday, May 20, 2021 6:10 PM
To: Reyes, Raymund <rreyes,anewportbeachca.gov>; Insurance <insurance�anewportbeachca.gov>
Cc: sagar"debix.com
Subject: Compliance Alert -Vendor Number FV00000531
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate
of insurance requirements. FV0000053I Jeff Katz Architecture Corporation
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
#20340
8705-1 com-W ar
DESIGN GROUP
January 26, 2024
Kyle Aube, Project Manager
City of Newport Beach — Public Works Department
ioo Civic Center Drive
Newport Beach, California 9266o
RE: Newport Beach Bonita Creek Remodel CA Proposal
Dear Kyle,
In accordance with your request we are pleased to offer this updated proposal for Construction
Administration services for the Bonita reek Remodel Project. This proposal is based on the
requirements and scope of work outlined below.
CONSTRCUTION ADMINISTRATION PHASE
1. Attend Pre -Construction conference.
2. Review and approve or take other appropriate action upon Contractor's submittals and
shop drawings as required by contract documents.
3. Interpret contract documents 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).
4. Attend three (3) site meetings during the course of construction to discuss the status of the
project. Meetings shall include the contractor and City representative to review progress of
construction, review pending RFI and Change Order information, and discuss the progress
of the project to insure the construction to verify work is proceeding in accordance with
construction documents.
5. Provide one site visit per discipline (by the respective engineers) for electrical and
mechanical to review progress of construction and conformance with construction
documents.
6. 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.
7. Respond in writing to any Contractor's Requests For Information (RFI's) during
construction. Create a log identifying each RFI, the date the RFI was submitted, the
resolution to each RFI, and the date the resolution was submitted to City.
8. Issue drawing modifications or sketches as required to provide clarification.
9. Assist City in review of contractor's initial and progress schedules and Schedule of Values.
io. Assist in reviewing and processing contractor's progress payment requests, and certifying
the amounts due to the contractor.
11. Process contractor's building As-Builts, warranty information and related information by
forwarding them to the City.
9640 Granite Ridge Drive, Suite 130, San Diego, California 92123 1 619.698.9177
coargroup.com
Newport Beach Bonita Creek Remodel CA Proposal
January 26, 2024
Page 2
We propose to provide the stated basic services for a fixed fee of Eighteen Thousand Seven Hundred
Dollars ($18,700.00). Invoices will be submitted monthly, in a format acceptable to the City, for
the percentage of work completed during the month.
The balance of our original agreement remains in place as originally approved.
We are available to meet with you at any time to review and discuss the proposed scope of services
and fee proposal. If you have any questions regarding this scope of work please do not hesitate to
contact me at (619) 504-o984•
Res ectfully,
Jeff Katz, AIA
Approved by: ,�J 4U&-
TGS I A�
02-12-2024
8705-1
24F02-UNAS-571-UNAS $18,700
9640 Granite Ridge Drive, Suite 130, San Diego, California 92123 1 619.698.9177
coargroup.com
DESIGN GROUP
DREVIOUSLY JKA
September 27, 2022
Tom Sandefur, P.E.
Assistant City Engineer
Public Works Department I City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Newport Beach Bonita Creek Remodel Proposal
Dear Tom:
We are pleased to provide this proposal for the design and construction support
for the Remodel of existing community building within the Bonita Creek park
complex. This proposal is based on the scope of work noted below as well as our
site walk from earlier this month. Please note that this proposal is based on the
Scope of Services we believe is necessary to successfully complete this project.
Our proposal includes the following disciplines: Architectural, Mechanical,
Plumbing and Electrical services. Civil, Structural Landscape Architecture,
Geotechnical Engineering and Hazardous Materials survey are not included at
this time. The following sections include a more detailed explanation of the
scope being provided. If there are scope items that are not included, or that are
not necessary, we are pleased to adjust the scope to meet your needs.
Based on the list of scope items below, we are proposing to move right into
Construction Documents. I anticipate a submittal at 30% to verify all consultant
issues and scope, a submittal at 90% to the Building Department and a 100%
submittal for bid. The general scope of work will include:
• Replace various doors
• provide front doors with auto open
• Replace carpets and flooring
• Replace built up roof
• Replace facia boards
• Paint interior and exterior
• Modify restroom finishes and fixtures
• New LED lights and controls
• New closet doors in main area
• New cabinets and counter tops
• Blinds for windows
6353 Del Cerro Boulevard, San Diego, CA 92120 1 www.coargroup.com 1 619.698.9177
Newport Beach Bonita Creek Remodel Proposal
September 27, 2022
Page 2
• Close up door in main area and make new closet
• Remove sink and counters in main room and convert to closet
• Modify mechanical systems as needed
The stated City budget for the project is $500,000. This amount does not seem
adequate for the scope of work noted and may need of be increased in order
to accommodate all of the work items desired and required. The scope does
not currently include any accessibility improvements to the path of travel or
exterior site areas around the building. Should those areas require upgrades to
satisfy Building Official comments an additional proposal can be provided in the
future.
We are proposing to offer the following scope of services.
CONSTRCUTION DOCUMENTS PHASE
1. Provide architectural Site Plan and floor plan for area of improvement,
and develop mechanical, plumbing and electrical engineering plans.
2. Coordinate with Owner systems for phone/data/cable
requirements/improvements.
3. Prepare Interior Elevations, , Reflected Ceiling Plan and Roof Plan.
4. Prepare interior material and color boards for review and selection.
5. Develop performance plans and specifications for Fire Sprinkler and Fire
Alarm system modifications to be incorporated into Construction
Documents. Final design of sprinkler and alarm systems shall be a
deferred approval item provided by the contractor.
6. Prepare drawings and specifications suitable for bidding to clearly
delineate the Contractor's scope of work, including required architectural,
mechanical, plumbing and electrical. Required demolition plans will be
included. It is assumed for this proposal that the City will provide all
required General and Supplementary Conditions and Bidding Information.
Submittals will be made at 30%, 90% and 100% and will include plans and
specifications.
7. 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).
6353 Del Cerro Boulevard, San Diego, CA 92120 1 www.coarQroup.com 1 619.698.9177
Newport Beach Bonita Creek Remodel Proposal
September 27, 2022
Page 3
BID SUPPORT AND CONSTRUCTION PHASE SERVICES
Bid support services are based on an assumed 4 week bid period and are noted
below. Construction contract administration services are not included at this
time, but a scope and fee can be provided at a later date.
1. Provide input for the pre -bid meeting and attend the pre -bid meeting
and site visit.
2. Assist in responding to questions raised during the bidding process.
Prepare Addenda if required to address bidding questions.
3. Assist in reviewing and preparing a recommendation of the successful
bidder.
4. Submit all Addenda and assist in obtaining approval from City to
incorporate into the Permit Set.
ASSUMPTIONS & ADDITIONAL SERVICES
The following items are not included in the Basic Services and will be provided as
additional services only after written authorization is received. Unless a
subsequent fixed fee proposal is provided, the work will be done on an hourly
basis.
Additional Services not included in our basic scope of work include:
1. Civil Engineering Structural Engineering and Landscape Architectural
design services.
2. Site improvements required for accessibility or for replacement of
damaged areas.
3. Design or drawings for tree relocation, temporary irrigation, drainage or
Storm Water detention systems.
4. Design or drawings for water, sewer or storm drain systems or for any
electrical service upgrades.
5. Revisions to Contract Documents resulting from Owner requested
changes to documents previously approved by the Owner, or due to
code or zoning changes made subsequent to Owner approval.
6. Preparing separate construction document packages for discretionary
permits, alternate bid items or project phasing.
7. Attendance of any public hearings and/or additional meetings other than
noted.
8. 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,
6353 Del Cerro Boulevard, San Diego, CA 92120 1 www.coarQroup.com 1 619.698.9177
Newport Beach Bonita Creek Remodel Proposal
September 27, 2022
Page 4
quality, complexity, schedule, or the method for bidding and contracting
for construction.
9. 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.
10. Providing services in conjunction with implementing substitutions proposed
by the Contractor and making subsequent revisions to Contract
Documents resulting from such.
11. 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.
12. Providing services in conjunction with arbitration proceedings or legal
proceedings, except where the Architect is a party to such proceedings.
13. Providing "Special Inspection" services required by law or the Contract
Documents.
14. Hydraulic Pump Design for fire protection systems.
15. Transportation/Traffic Engineering.
16. Commissioning or Enhanced Commissioning services.
17. Preparation of Topo Survey, Boundary Surveys, ALTA Surveys, Title Reports,
Deeds, Plats or Easement documents, construction staking or other
documents in conjunction with the project site or Right -Of -Way.
18. Preparation of documentation to process the project through the US
Green Building Council as a LEED project.
19. Plan check and permit fees (if paid by the consultant) will be a
reimbursable expense, charged at 1.1 times the Consultant's cost.
20. All delivery, printing and reproduction costs will be a reimbursable
expense, charged at 1.1 times the Consultant's cost
We propose to provide the stated basic services for a fixed fee as noted below.
Invoices will be submitted monthly for the work completed during the month, on
any particular phase in accordance with City Guidelines.
6353 Del Cerro Boulevard, San Diego, CA 92120 1 www.coarQroup.com 1 619.698.9177
Newport Beach Bonita Creek Remodel Proposal
September 27, 2022
Page 5
The proposed breakdown for the Basic Services charges will be as follows.
Construction Documents $ 52,000.00
Bid Support $ 2,000.00
Reimbursable Expenses $ 2,000.00
TOTAL BASE SCOPE $ 56,000.00
We appreciate the opportunity to present this proposal. We are available to
meet with you at any time to review and discuss the proposed scope of services
and fee proposal. We are excited about the opportunity to work with you on this
project. If you have any questions regarding this scope of work please do not
hesitate to contact me at (619) 504-0984.
Respectfully,
Jeff Katz, AIA
Principal
APPROVED:
On-call8705-1
$56,000
21 F02-Design-571-Unassign
TAS 10/20/22
6353 Del Cerro Boulevard, San Diego, CA 92120 1 www.coarQroup.com 1 619.698.9177
Newport Beach Bonita Creek Remodel Proposal
September 27, 2022
Page 6
EXHIBIT A
HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis.
Principal Architect.......................................................................$ 260.00 per hour
Senior Project Manager..............................................................$ 225.00 per hour
Project Manager.........................................................................$ 195.00 per hour
QC Manager...............................................................................$ 195.00 per hour
Job Captain.................................................................................$ 155.00 per hour
Specification Writer.....................................................................$ 195.00 per hour
Construction Administrator..........................................................$ 190.00 per hour
Drafter.........................................................................................$ 130.00 per hour
Secretarial.....................................................................................$ 90.00 per hour
Structural Engineer......................................................................$ 200.00 per hour
Civil Engineer..............................................................................$ 245.00 per hour
Civil Project Manager..................................................................$ 220.00 per hour
Mechanical Engineer..................................................................$ 220.00 per hour
Electrical Engineer.....................................................................$ 225.00 per hour
Landscape Architect...................................................................$ 210.00 per hour
Cost Estimator............................................................................$ 175.00 per hour
Reimbursable Expenses will be charged at 1.1 times the direct cost.
Note: These rates will remain in effect until December 31, 2022, at which time
they may be adjusted as a result of salary reviews.
6353 Del Cerro Boulevard, San Diego, CA 92120 1 www.coarQroup.com 1 619.698.9177
Er-
MICKEY CAEAGNA
COMMUNITY CENTER
i
OASIS Senior Center Site
Lighting Project
Proposal for Lighting Design
November 3, 2022 6353 Del Cerro Blvd.
(Revised November 21, 2022) San Diego, CA 92120
City of Newport Beach 619.504.0984 coar
jeff@coargroup.com DESIGN GROUP
previously,JKA
aDL 3:G.`1 :a
l; ;�
__._..—previously JKA
6353 Del Cerro Blvd.
San Diego, CA 92120
619.698.9177
Kyle Aube, PE RE: OASIS Senior Center Site Lighting Project
Project Manager Proposal
City of Newport Dear Kyle,
Beach -Public Works
In accordance with your request we are pleased
Department to offer this proposal to provide lighting design
100 Civic Center Drive, engineering/architectural services for the OASIS
Bay 2D Senior Center site lighting Project. This proposal is
Newport Beach, CA based on the requirements and scope of work outlined
92660 in the City's Request for Proposals dated October 10,
2022.
For this project we are pleased to include our
Electrical Engineer, Elen Consulting, as well as their
in-house lighting design team (Elluminet) headed by
Midory Esquer (resume attached) who brings a high
degree of specific lighting design expertise to this
unique opportunity to cost effectively improve the
lighting systems for this facility.
Please note that this proposal is based on the scope of
services that we believe is necessary to successfully
complete this project. If there are scope items that
are not included, or that are not necessary, we are
pleased to adjust the scope and fee to meet your
needs.
Sincerely,
Jeff Katz AIA,IPRINCIPAL-IN-CHARGE
• Executive Summary
FIRM PROFILE
COAR Design Group is a nationally recognized design firm founded in 1992 with
offices in San Diego and Santa Rosa, California. We specialize in public projects,
with an emphasis on public sector facilities, and value opportunities that
make a positive impact in the community. Our projects earn high marks from
clients and end users for functionality, innovative design, and incorporation of
durable, low -maintenance materials. Having been fortunate to work with the
City of Newport Beach on the junior Lifeguard facility„ as well as the lightning
replacement project at Mariners Library, we understand the value the City places
on well designed public facility improvements.
Q PUBLIC ..WORKS .PROJECTS:
450+
O YEARSINBUS_INESS:
30
p OFFICE LOCATIONS;
2
Q DESIGN AWARDS SINCE2DQ4:
O IN -:HOUSE STAFF:
SOUTHERN CALIFORNIA:
75+
30
6353 DEL CERRO BLVD.
SAN DIEGO, CA 92123
Q P&I.MAR_Y POINT_OF CONTACT:
Q FIRM COMPOSITION.;
NORTHERN CALIFORNIA:
JEFF KATZ
PRINCIPALS: 3
200 E. STREET
619.504.0984
PROJECT STAFF: 22
SANTA ROSA, CA 95404
jeff@coargroup.com
ADMINISTRATIVE: 5
JEFF KATZ, AIA, NCARB, LEED GREEN ASSOC. Years of Experience: 37
Principal Architect / COAR Design Group Architect, CA #C18223
Jeff has always focused on serving the communities around him by
providing architectural services for civic buildings including police
stations, fire stations, libraries, administration centers, corporation
yards, recreation centers and more. With more than 37 gears of
experience, his collaborative and engaging style, practical and
straightforward approach, and proven track record of excellence
make him a valuable asset to this team.
o Newport Beach Junior Lifeguard Building, Newport Beach CA
o Encinitas City Hall Renovations, Encinitas CA
o Irvine Animal Care Center Addition & Renovation, Irvine CA
o Poway Community & Aquatic Center, Poway CA
HARESH VIBHAKAR, AIA,NCARB,LEEOGREENASSOC. Years of Experience: 25
Project Manager/ COAR Design Group Architect, CA #C5o669
Haresh began his career more than 33 years ago and has since
worked on all aspects of architectural design including preparing
construction documents, technical detailing, bidding and permitting
and construction administration. Haresh has a wide variety of
experience working on a multitude of project typologies and has a
strong technical background in detailing and constructibility review.
oMariners Library Lighting Replacement Project, Newport Beach, CA
o Newport Beach Junior Lifeguard Building, Newport Beach CA
o Encinitas Pacific View School Renovation, Encinitas CA
® MIDORY ESQUER Years of Experience: 13
Lighting Studio Director / Elluminet Associate IALD
Midory is a lighting designer with architectural artistry. Her goal is to
use her architectural skills, lighting design experience and her passion
for environmental psychology to provide high qualityy lighting for
the built environment. In addition to this experience,,, idory is also
current with Title 24 standards and IES Recommendations.
o Mariners Library Lighting Replacement Project, Newport Beach, CA
o Front and Beech Housing, San Diego CA
o UCSD Pepper Canyon Housing, San Diego, CA
� Plans, Specifications &
Engineer's Estimates
The proposed project is located at the OASIS Senior Center located at 801 Narcissus
Avenue, Newport Beach, CA. The project involves the lighting at multiple areas
around the OASIS Senior Center as shown on the documents receive 10/11/2021 as
part of the RFP.
a. Exhibit B: Exterior Bollards
b. Exhibit C: Main Event Room
c. Exhibit D: Kitchen and Exterior Hallway
f. Exhibit G: Classrooms/Meeting Rooms
We shall provide separate drawing packages for schematic design, development,
and construction documents once design direction has been selected.
SCHEMATIC DESIGN
1. Conduct field observation of existing facilities/lighting.
2. Meet with Project Team & stakeholders to discuss budget, program and design.
3. Provide three lighting design options for the areas identified in the RFP,
including: existing bollards, all interior non -LED lighting, walkway fronting the
Fitness Center, dance room, arts center and the main event room, all classrooms
and the exterior walkway adjacent to the kitchen. Options will be as follows:
a. Option 1: Replacement of existing lighting in kind.
b. Option 2: Replacement of existing locations with fixtures of types
different than the existing, installed in the same locations as the existing.
c. Option 3: Providing an entirely different lighting scheme, not prioritizing
use of existing fixture locations.
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4. Photometric calculations will be provided for each option demonstrating
code compliance for egress and trespass.
5. Lighting design to provide fixture selections that are LED and have full
cut-off where appropriate
6. Analysis of existing lighting control system for compatibility with
proposed fixtures.
7. Identify any related modifications required to the existing building/
finishes to accommodate the proposed option modifications (primarily with
Option 2 or 3).
8. Develop preliminary Cost Estimates for each option presented. The
estimates prepared at this phase will be generally square foot cost estimates
for the various project 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).
9. Make required submissions to the City for review and approval.
io. Attend up to two meetings (virtual or in person) to present and discuss
lighting options.
is. After approval of the concept design we will move into the Construction
Documents.
Note that this proposal assumes no public meetings or Discretionary
approvals for the new lighting proposal is required. If such meetings or
approvals are required we would be pleased to provide an additional proposal
for that work.
CONSTRUCTION DOCUMENTS PHASE
1. Prepare drawings and specifications suitable for bidding to clearly delineate
the Contractor's scope of work, including required architectural and
electrical design. It is assumed for this proposal that the City will provide all
required General and Supplementary Conditions and Bidding Information.
Submittals will be made at go% and Final and will include plans, calculations
and specifications. Plans will include:
a. Provide lighting plans, plans with point by point photometrics and
fixture selection specifications.
b. Design lighting and lighting controls in compliance with all local;
ordinances and state Title-24 requirements.
c. Provide lighting designs in compliance with Newport facilities
requirements.
d. Provide lighting fixture mounting details where applicable.
e. Provide conceptual wiring diagrams.
f. Design of electrical distribution to facilitate changes to lighting.
2. 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).
3. Update Construction Cost Estimate.
4. Attend progress meetings with City staff (assume 2 meetings for this
phase (virtual or in person).
5. Provide final original drawings and specifications (and electronic copies)
for use in bid packages.
6. During bid phase, interpret and clarify contract documents for
contractors, and assist in issuing addenda as required.
CONSTRUCTION ADMINISTRATION
Construction contract administration services are based on a two month
construction period, from Authorization to Proceed through Punch list
Inspection (long lead items may extend the overall duration but not the effort
required from the design team). The following services will be provided:
1. Attend pre -construction conference.
2. Review and approve or take other appropriate action upon Contractor's
submittals and shop drawings as required by contract documents.
3. Interpret contract documents 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).
4. Provide site visits, prior to final field observations, to verify lighting
fixture locations, mounting height aiming direction, and controls of all
interior and exterior architectural lighting fixtures.
5. Attend bi-weekly meetings (virtually) during the course of construction
to discuss the status of the project. Meetings shall include the contractor
and City representative to review progress of construction, review pending
RFI and Change Order information, and discuss the progress of the project
to insure the construction to verify work is proceeding in accordance with
construction documents.
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6. 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.
7. Assist City in review of contractor's initial and progress schedules and
Schedule of Values.
8. Assist in reviewing and processing contractor's progress payment requests,
and certifying the amounts due to the contractor.
q. Process contractor's building As-Builts, warranty information and related
information by forwarding them to the City.
ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS
The following items are not included in the Basic Services, and will be
provided as additional services only after written authorization is received.
Unless a subsequent fixed fee proposal is provided, the work will be done on
an hourly basis per the provided Hourly Rate Schedule. Additional Services
not included in our basic scope of work include:
i. Revisions to Concept Design resulting from Owner requested changes
to documents previously approved by the Owner, or due to code or zoning
changes made subsequent to Owner approval.
2. Civil, landscape architecture, structural (other than light pole bases),
mechanical or plumbing engineering services.
3. Architectural services for other than improvements to areas of work
impacted by the lighting upgrades.
4. Work required to obtain any discretionary approvals for proposed
modifications to the project.
5. CASp survey for accessibility compliance or accessibility upgrades for any
portion of the project/site.
6. 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.
7. Processing change requests for Owner requested changes, and for
unforeseensite conditions, ,'after bid,, ,including revisions to Contract
Documents, processing approval of revisions through the Building
Department, and Change Order negotiation.
8. 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.
g. Providing services in conjunction with arbitration proceedings or legal
proceedings, except where the Architect is a party to such proceedings.
io. Providing "Special Inspection" services required by law or the Contract
Documents.
ii. Providing Phase One Environmental services for Soils, Asbestos or Lead
survey and remediation.
12. Preparation of drawings for work beyond project boundaries (site and
immediate street frontage).
13. Preparation of Public Improvement Plans.
14. Preparation of documentation to process the project through the US Green
Building Council as a LEED project.
15. Design of photo -voltaic electrical generation systems.
16. Reimbursable expenses in excess of the amount provided below.
17. Plan check and permit fees (if paid by the consultant) will be a reimbursable
expense, charged at 1.1 times the Consultant's cost.
18. All delivery, printing and reproduction costs will be a reimbursable
expense, charged at 1.1 times the Consultant's cost.
SCHEDULE CONTROL
We have developed comprehensive schedules for many public and private
clients, all with unique contract requirements and ambitious schedules. We
have always been willing to be flexible to accommodate the client's needs
and work with you toward a common goal. Utilizing our scheduling software,
we work with you to ensure all deadlines are achievable and everyone is in
agreement prior to implementation.
We pride ourselves on reliability, consistency, and follow through. As such, we
prepare and maintain realistic schedules that accurately reflect the various
required approvals and milestones common for these types of projects.
This series of benchmarks provide clarity, transparency, and accountability
throughout the process. Once awarded the project, we will sit down with you
to develop realistic milestones for submittal and review of this project. We
will also work with the lightning vendors to understand material availability
impacts so that those are taken into account in both fixture selection and
construction duration.
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WHY COAR DESIGN GROUP?
We share a vision that combines design
excellence and innovation with tested
processes to consistently meet the key
goals of any project - functionality,
quality, time, scope, and budget. We
listen to your needs and strive to make
them a reality.
We thank the City of Newport Beach for
the opportunity to present our proposal
package and look forward to soon be
working together towards this project's
success.
THANK YOU
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1) . , a , r
previously JKA
6353 Del Cerro Blvd.
San Diego, CA 92120
619.698.9177
Kyle Aube, PE RE: OASIS Senior Center Site Lighting Project Fee
Project Manager Proposal (modified November 16, 2022)
City of Newport
Beach - Public Works We propose to provide the stated basic services
Department for a fixed fee as follows:
100 Civic Center Drive, Single Phase
Bay 21)
Schematic Design Phase $ 107000.00
Newport Beach, CA
92660 Construction Documents Phase $ 25,500.00
Construction Administration Phase $ 5,000.00
Reimbursable Expenses $ 500.00
Total $ 41,000.00
Invoices will be submitted monthly, in a format
acceptable to the City, for the percentage of work
completed during the month, on any particular
phase. Presently our firm maintains General
Liability and Errors and Omissions Insurance
with nationally recognized insurers. We carry
a $1,000,000 limit for our General Liability and
auto, and a $2,000,000 limit for our Professional
E&O insurance.
We are available to meet with you at any time
to review and discuss the proposed scope of
services and fee proposal. We are excited about
the opportunity to work with you on this project.
If you have any questions regarding this scope of
work, please do not hesitate to contact me at (619)
504-0984.
Sincerely,
APPROVED: (,rc�-L �/✓wtGdi
On -call 8705-1 V
$41,000
21 F02-Design-571-Unassign
TAS 12/01/22
Jeff Katz AIA,IPRINCIPAL-IN-CHARGE
• Hourly Rate Schedule
The following rates apply to work performed on an hourly basis.
Principal Architect
Senior Project Manager
Project Manager
Design Principal
Job Captain
Specification Writer
Construction Administrator
Drafter
Secretarial
Structural Engineer
Civil Engineer
Mechanical Engineer
Electrical Engineer
Certified Lightning Designer (LC)
Landscape Architect
$266.00 per hour
$234.00 per hour
$202.00 per hour
$202.00 per hour
$160.00 per hour
$202.00 per hour
$197.00 per hour
$133.00 per hour
$96.00 per hour
$220.00 per hour
$237.00 per hour
$220.00 per hour
$225.00 per hour
$160.00 per hour
$185.00 per hour
Reimbursable Expenses will be charged at 1.1 times the direct cost.
Note: These rates will remain in effect until December 31, 2022, at which
time they may be adjusted as a result of salary reviews.