HomeMy WebLinkAboutC-8703-1 - On-Call PSA for Professional Architecture ServicesAMENDMENT NO. ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
1
WITH BLACK, O'DOWD AND ASSOCIATES DBA BOA ARCHITECTURE FOR
V PROFESSIONAL ARCHITECTURE SERVICES
THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 18th day of
April, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and BLACK, O'DOWD AND
ASSOCIATES, a California corporation doing business as ("DBA") BOA
ARCHITECTURE ("Consultant"), whose address is 1511 Cota Ave., Long Beach,
California 90813, and is made with reference to the following:
RECITALS
A. On June 8, 2021, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") to provide professional architecture services
on an on -call and as needed basis ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to June 7, 2026 and to increase the total compensation.
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 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 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. 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]
Black, O'Dowd and Associates, dba BOA Architecture 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 ATTOR Y'S OFFICE
Date: �P /
By:
aro C. p �s
Ci y Attorney
ATTEST:
Date -.—
By:
Leilani I. Brown
City Clerk
�`'p o 1:t
CITY OF NEWPORT BEACH,
a California m nicipal corporation
Date: ti%ZZJ.'62-y
By: �.J�,r•..-P tc�c
Grace K. Leu
City Manager
CONSULTANT: BLACK, O'DOWD AND
ASSOCIATES, a California corporation
doing business as ("DBA") BOA
ARCHITECTURE
Date:
Signed in Counterpart
By -.—
Edward Lok Ng
Chief Executive Officer,
Officer
Date:
Chief Financial
By:
Signed in Counterpart
Kyle Ng
Secretary
[END OF SIGNATURES]
Black, O'Dowd and Associates, dba BOA Architecture 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: 2
By:
a roA C. a
Ci y Atto ney 1-/V
Y
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
ATTEST: CONSULTANT: BLACK, O'DOWD AND
Date: ASSOCIATES, a California corporation
doing business as ("DBA") BOA
ARCHITECTURE
Date:
By: By:
Leilani I. Brown Edward Lok Ng
City Clerk Chief Executive Officer, Chief inancial
Officer
Date: � - ►T -Z`I
By:
Kyle N'
Sec tary
[END OF SIGNATURES]
Black, O'Dowd and Associates, dba BOA Architecture Page 3
�. ON-CALL PROFESSIONAL SERVICES AGREEMENT
p� WITH BLACK, O'DOWD AND ASSOCIATES DBA BOA ARCHITECTURE FOR
PROFESSIONAL ARCHITECTURE SERVICES
v
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 BLACK, O'DOWD AND ASSOCIATES, INC., a California corporation doing
business as ("DBA") BOA ARCHITECTURE ("Consultant"), whose address is 1511 Cota
Ave. Long Beach, California 90813, 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 .
ollows: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
Black, O'Dowd and Associates, dba BOA Architecture 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 Edward Lok Ng 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
Black, O'Dowd and Associates, dba BOA Architecture Page 3
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
Black, O'Dowd and Associates, dba BOA Architecture Page 4
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.
Black, O'Dowd and Associates, dba BOA Architecture Page 5
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
Black, O'Dowd and Associates, dba BOA Architecture Page 6
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
Black, O'Dowd and Associates, dba BOA Architecture Page 7
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)
Black, O'Dowd and Associates, dba BOA Architecture Page 8
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: Edward Lok Ng
Black, O'Dowd and Associates, dba BOA Architecture
1511 Cota Ave.
Long Beach, CA 90813
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.).
Black, O'Dowd and Associates, dba BOA Architecture 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
Black, O'Dowd and Associates, dba BOA Architecture Page 10
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.
Black, O'Dowd and Associates, dba BOA Architecture 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]
Black, O'Dowd and Associates, dba BOA Architecture 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'OFFICE
Date:
By:
A ron C. HarON.- -(
ity Attorney
ATTEST:
Date: 6.30-Z02
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 06 • 2=jb • e4r., 1
By:
Br ry
Mayor
CONSULTANT: Black, O'Dowd and
Associates, a California corporation DBA
BOA Architecture
Date:
Signed in Counterpart
By:
Edward Lok Ng
Chief Executive Officer
Date:
By: Signed in Counterpart
Miguel Andrade
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Black, O'Dowd and Associates, dba BOA Architecture Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORI4EY'P OFFICE
Date:
By: /�'y.
I
ron C. Harey Attorney
ATTEST:
Date:
No
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONSULTANT: Black, O'Dowd and
Associates, a California corporation DBA
BOA Architecture
Date:
Y
By:
€dward Lok Ng
Chief Executive Officer
Date: g � Q, - 2 l
By: _
Secre ary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Black, O'Dowd and Associates, dba BOA Architecture 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.
Black, O'Dowd and Associates, dba BOA Architecture Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
.. Title
Principal Architect
Hourly Rate
$160.00
Project Manager
$150.00
Project Designer
$125.00
Senior Designer
$110.00
Senior Technical
$100.00
Draftsman/AutoCAD Operator
$95.00
Other Technical Staff
$85.00
Structural Engineer
$150.00
Mechanical Engineer
$160.00
Electrical Engineer
$160.00
"Other" Sub -Consultant
$150.00
Clerical Staff
$80.00
Prints
$0.50/s.f.
The above hourly rates are fully burdened or loaded, including full compensation for all overhead
and profit. Billing rates shall include provision for normal office costs, including, but not limited to:
office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-
house reproduction services, and local travel costs.
The proposed hourly rates are guaranteed for the duration of the contract.
Black, O'Dowd and Associates, dba BOA Architecture 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 Liabilitv 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.
Black, O'Dowd and Associates, dba BOA Architecture 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
Black, O'Dowd and Associates, dba BOA Architecture 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. Richt 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 -
Black, O'Dowd and Associates, dba BOA Architecture 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.
Black, O'Dowd and Associates, dba BOA Architecture Page C-4
June 22, 2021
BOA Architecture
1511 Cota Ave
Long Beach, CA 90813
City of Newport Beach
Insurance Compliance
PO Box 100085 - FV
Duluth, GA 30096
Reference Number: FV00000542
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]
Architecture 1511 Cota Avenue www.boaarchitecture.com
O Government Services Long Beach CA 90813 lok.bg@boaarchitecture.com
Telephone: 562-912-7900
Kyle Aube, PE
City of Newport Beach, Public Works Dept. Feb. 14, 2022
Re: Architecture & Engineering Design Fee for City of Newport Beach
Central Library Kitchenette
Based on our site meeting with you this past Monday on 2-6-23 at the site, we are pleased to
submit our Scope of Work and Fee Proposal for customary Public Works PSA (plans, specs,
estimate), with design documents sufficient for building permit and bidding to general
contractors and then providing you with technical Construction Support. This project is for the
renovation at the Central Library Kitchenette. We will do our very best to balance 3 goals of
aesthetics, functionality, and durability. Our aim will be to achieve all 3 of these goals. The
following is our scope of work, and our Design Fee is attached in the Itemized fee spreadsheet
for you review.
SCOPE OF WORK
1. Provide site visit(s) for actual measurements, photos, ascertain functional programming,
goals.
2. Project coordination by email/phone/virtual meeting throughout the project.
3. Provide architectural interior design services to totally remodel existing Library
Kitchenette with new cabinets, new sink, appliances, flooring, countertop, and paint.
4. Refine and revise drawings upon comments from City.
5. Design of kitchenette will be compatible with existing library or civic center.
6. Provide Cost Estimate.
7. Provide technical specification.
8. Submit to Client and Building -Safety Dept. for plan review and secure City building
permit approvals. Submittal at Schematic Design, 60% Construction Doc., 90%
Construction Doc., 100% Construction Doc.
9. Assist the City with technical Construction Support, limited to the amount of hours stated
in our attached fee spreadsheet.
10. Provide ADA compliance throughout renovated kitchenette.
11. Provide color rendering and color materials for 2 to 3 options.
Items Not Included
a. IT, Computer network design.
b. ADA compliance for parking, path -of -travel, restrooms.
c. Land survey of Civil engineering, Mechanical engineering, and Structural engineering.
d. Mechanical engineering.
e. Structural engineering.
BOA Architecture can begin work immediately and submit a time schedule to expedite the design
process upon your Notice to Proceed. Thank you for the opportunity to submit our fee proposal.
We are excited about the chance to work with you and to make improvement to the Central Library.
BOA ARCHITECTURE
t6__� L ? "*'�
APPROVED!
On -call 8703-
23F02-Design-571-Unassign TGS
02/23/23
FIXED FEE PROPOSAL
Architectural & Engineering Services: City of Newport Beach
Central Library Kitchenette
date: February 14, 2021 Construction Cost Estimate: To Be Determined
prepared by: BOA, Edward Lok Ng, Architect prepared for: City of Newport Beach, Kyle Aube
PERSON HRS UNIT RATE COST TOTAL
PRE -DESIGN
kick-off meeting to verify scope of work,obtain as -built dwgs.
PM -Arch
4 hrs
150
600
project management, confirm cost/work plan & prep field work
PM -Arch
2 hrs
150
300
site assessment, as -built measurements & photos
Sr.Tech
5 hrs
100
500
CADD-3D
Sr.Tech
4 hrs
100
400
1,800
ARCHITECTURAL SCHEMATIC DESIGN
preliminary design
PM -Arch
10 hrs
150
1,500
CADD-3D modeling
Sr.Tech
15 hrs
100
1,500
color renderings
Sr.Tech
10 hrs
100
1,000
color materials for 2 to 3 options
Sr.Tech
6 hrs
100
600
construction cost estimate
PM -Arch
4 hrs
150
600
meeting or coordination with Client
PM -Arch
2 hrs
150
300
5,500
ENGINEERING and EXPENSES
structural
Engineer
0 hrs
150
0
mechanical
Engineer
0 hrs
160
0
plumbing
Engineer
0 hrs
160
0
electrical
Engineer
0 hrs
160
0
expenses for blueprints, photocopies, mailing, misc.
300
300
ARCHITECTURAL CONSTRUCTION DOCUMENTS
CADD-3D modeling of construction document drawings
color renderings
project management
meeting or coordination with Client
specifications in CSI format
construction cost estimate
quality control
client/bldg dept dept submittal and corrections to comments
CONSTRUCTION SUPPORT
Sr.Tech
50 hrs
100
5,000
Sr.Tech
0 hrs
100
0
PM -Arch
10 hrs
150
1,500
PM -Arch
8 hrs
150
1,200
PM -Arch
8 hrs
150
1,200
PM -Arch
4 hrs
150
600
PM -Arch
6 hrs
150
900
Sr.Tech
7 hrs
100
700
11,100
DESIGN PHASE TOTAL FEE $18,700
pre -bid meeting
PM -Arch
0 hrs
150
0
pre -construction meeting
PM -Arch
0 hrs
150
0
project management, RFI & submittal response
PM -Arch
12 hrs
150
1,800
construction site meeting, punchlist meeting
PM -Arch
0 hrs
150
0
expenses for blueprints, photocopies, mailing, mileage, misc.
100
1,900
TOTAL FEE $20,600
NOTES AND RESTRICTIONS
1. Construction Administration is limited to amount of hours indicated.
2. BOA will provide blueprints for Client meeting & submittals to Bldg & Safety Dept..
3. The Owner will provide accurate as -built dwgs.
4. Client will be responsible for procurement of an asbestos/environmental report if required.
5. Client will provide all printing for bidding purposes to Contractors
6. The ADA parking stalls and ADA Path -of -Travel is assumed to be in compliance and NOT part of this Scope of Work.
1511 Cota Avenue
Architecture Long Beach, CA
�3 Government Services Telephone: 562-912-2-912-7900 www.boaarchitecture.com
Telephone: 310-832-2681
Mr. Tom Sandefur, Assistant City Engineer Sept. 13, 2022
City of Newport Beach
Re: On -Call Contract C-8703-1, Scope and Fee Proposal for Architectural -Engineering Services for:
Repair/Remodel of 8 Oceanside Restrooms
Based on the Scope in your attached "Oceanside Restroom Rehab Scope" and our site walk-thru with you and Kyle
Aube on 8-25-22, we are pleased to submit our Scope of Work and Fee Proposal for design documents to
repair/remodel 8 oceanside restrooms, sufficient for building permit approval and public bidding to contractors. Note
that during the site walk-thru, we added to your Scope. Our updated Scope is outlined below and our itemized fee
spreadsheet is attached.
A. Orange Street Beach Restroom....... $27,500 Design Fee
1. Junction box at exterior is unsecured, electrical conduit exhibits minor corrosion. Thus, replace box
2. Access panel in men's room is dented and twisted presenting sharp edge. Thus, replace with stainless
panel
3. Replace trough urinal with 2 new urinals
4. Spalls on sill course need to be addressed, Thus, remove and replace one roll of the top CMU course.
5. Complete roof replacement is needed (including all rotted wood and CMU sill course). Consider wider
roof overhangs to protect the wood beams and CMU walls.
6. Replace door and frame to chase
7. Remove existing wood trellis and pillars.
8. Provide toilet partition doors for privacy.
9. Replace all lights with LED type light fixtures.
10. Replace 2 existing sinks with new ones.
11. Paint all surfaces.
B. 5811 Street Beach Restroom....... $27,500 Design Fee
12. Electrical switch in utility room is highly corroded. Thus, needs to be replaced.
13. Replace all Exterior lights and interior lights to LED.
14. Extend tile threshold to the doorway.
15. Provide New urinals and sinks.
16. Planter replacement is not needed.
17. Spalls on sill course need to be addressed, Thus, remove and replace one roll of the top CMU course.
18. Complete roof replacement is needed (including all rotted wood and CMU sill course). Consider wider
roof overhangs to protect the wood beams and CMU walls.
19. Replace louvers with open mesh screens for better ventilation.
20. Remove existing wood trellis and pillars.
21. Provide toilet partition doors for privacy especially at Men's restroom.
22. Demolish and replace the concrete curb ramp lead from ADA parking to the restroom. BOA will design
this curb ramp without a land survey. We will rely on field measurements.
C. 381h Street Beach Restroom....... $15,500 Design Fee
23. Interior tile work doesn't meet city aesthetic standards. Thus, replace tile
24. Toilet stalls peeling; replace it
25. Interior walls do not meet city aesthetic standards; clean and repaint, or tile over it.
26. Skylights are fading and cracking; replace it with new solar light tubes
27. Concrete site fixtures require cleaning and patching
28. Replace 8 up -lights w LED site lighting
29. Replace all four doors
30. Provide New drinking fountain (wall mounted preferred)
31. Replace the existing roofing with new.
32. Provide toilet partition doors for privacy.
33. Patch concrete columns.
34. Replace -repair toilet mount bolts.
35. Install new extended roof drip edge to side walls of building.
36. Install sheet metal cap flashing to wood trellis, and paint all of the wood trellis.
37. Install new mesh screens over steel bars at vent openings.
1511 Cota Avenue
Architecture Long Beach, CA90813
rn � Govement SeIVICes Telephone: 562-2-912-7900 www.boaarchitecture.com
Telephone: 310-832-2681
D. Washington Street Beach Restroom....... $15,500 Design Fee
38. Interior tile surfaces are discolored due to lack of adequate cleaning; replace
39. Roof needs pressure wash
40. Lights to be replaced with LED
41. Fence across dumpster area. Add man gate and dumpster gate. Demolish the right side wall of
dumpster area and incorporate as part of trash enclosure.
42. Clean and reseal all outside tile and grout
43. Louvers or mesh screens all replaced. Add hinge to access chase roof
44. Fixtures to be replaced
45. Replace blue tile course with white, or scratch resistance type in the Men's restroom.
46. Replace all the auto -flush with manual push buttons.
47. Install copper cap flashing to wood trellis.
48. Provide toilet partition doors at Men' for privacy.
E. Irvine Terrace Beach Restroom....... $15,400 Design Fee
49. Seal exterior utility penetration
50. Chase door and frame replacement is needed.
51. Fix rotted wood sills and framing
52. Toilet mounting plate replacement with stainless
53. Flush valve replacements to push-button type
54. Block up unused door with new brick/CMU
55. Solar tube replacement for skylights
56. Paint exterior walls
57. Replace all 4 dented metal louvers
58. Paint interior
59. Replace built-up roofing with new TPO-PVC roofing system.
60. Extend roof overhang to protect and add esthetics to restroom entries.
F. Port Carney Beach Restroom....... $14,500 Design Fee
61. Sewer and supply lines show some light to moderate rust, and signs of water leaks; replace piping where
leaking.
62. Water infiltration at roof, roof sheathing shows advanced rot, potential water rot on support members.
Thus, replace roof with new TPO-PVC roofing system, repair ceiling gyp. board.
63. Exterior stucco exhibits some chipping and cracking; patch and paint
64. Doors show some wear; replace doors and frames
65. Install New wall tile
66. Clean floor tiles
67. Need New access panels and floor drains, stainless
68. Add upper support to strengthen toilet partition.
69. Flush valve replacements to push-button type
70. Install new solar light tubes for natural lighting.
71. Remove and replace wood roof shingles with synthetic type.
G. Port Westbourne Beach Restroom....... $14,500 Design Fee
72. Sewer and supply lines show some light to moderate rust, and signs of water leaks; replace leaky piping.
73. Roof system has several holes and flashing is compromised. Thus, replace roof with new TPO-PVC
roofing system, and new roof drain.
74. Exterior stucco exhibits some chipping and cracking; patch and paint
75. Doors show some wear; replace doors and frames
76. Install new wall tile in the Men's restroom
77. Clean floor tiles
78. Not Used
79. Add upper support to strengthen toilet partition.
80. Flush valve replacements to push-button type
81. Install new solar light tubes for natural lighting.
82. Remove and replace wood roof shingles with synthetic type.
83. Replace wooded toilet paper dispensers with new stainless steel type.
1511 Cota Avenue
\��\ �O�p Architecture Long Beach, 2-912- 3
"' Government Services Telephone: 310-8 2-2681 www.boaarchitecture.com
Telephone: 310-832-2681
H. Balboa Island Ferry Beach Restroom....... $10,500 Design Fee
84. Narrow gauge roof gutter needs to be re -secured. However, no roof gutters were found.
85. Repair rotted corner soffit and add stainless corner guards
86. Replace corroded metal fixtures
87. Remove mirrors
88. Replace exterior doors
89. Install New floor tiles
90. Patch exterior concrete cracking at site, replace tile floor with epoxy floor paint.
91. Paint upper sections of walls for maintenance and aesthetic standards. BOA recommends to paint all the
exterior walls surfaces.
92. Replace missing section of bird guard at shade structure near dock
93. Paint and patch all shade structure elements, including rails
94. Install copper cap flashing to wood trellis.
Scope of Work Common to all Locations
95. Site visit to confirm restroom dimensions, photos, site observation.
96. Provide ADA Compliance for items within our Scope.
97. Secure all relevant City plancheck and building permit approvals.
98. Construction cost estimate
99. Specifications
100. Provide the customary PS &E (Plans, Specs, Estimate) for Public Works bidding to contractor(s)
101. Provide submittals for your review and comments at 30%, 90%, 100% completion.
Construction Support
a. Provide answers to RFI's and submittals.
b. Construction Support is on a Time/Material basis and limited to amount stated in fee spreadsheet.
c. Provide Record drawings from redlined comments from the General Contractor.
Exclusions
We have assumed that the City will provide all available drawings of their existing facilities, and that BOA will NOT
provide the following:
1. Fire alarm drawings (existing fire alarm system to remain)
2. Hazardous materials report
3. Topographic land survey and civil engineering.
4. ADA parking stall (existing ADA parking stall assumed to be ADA Compliance).
5. 3-Dimensional color renderings
BOA Architecture can begin work immediately upon your Notice to Proceed and receipt of your as -built drawings. We
can submit Schematic Design Drawings as soon as possible or within 8-weeks from Notice to Proceed. We are
excited by the chance to work with you and for the City again. If you have any questions, please do not hesitate to
contact me personally at (310) 480-7730 cell.
BOA Architecture
Edward Lok Ng, Architect,
L ED AP, President
FEE PROPOSAL
City of Newport Beach, 8 Oceanside Restrooms Rehab.
date: Sept. 13, 2022 Construction Cost Es to be determined
for: City of Newport Beach, Tom Sandefur prepared by: BOA, Edward Lok Ng
STAFF HR UNIT RATE COST TOTAL
PRE -DESIGN
kick-off meeting to verify scope of work, obtain s-built dwgs.
PM
4 hrs
150
600
project management, confirm cost/work plan & prep field work
PM
6 hrs
150
900
ADA & maintenance site assessment, measurements & photos
PM
30 hrs
100
3,000
meeting or coordination with Client
PM
8 hrs
150
1,200
CADD - 3D modeling; as -built drawings
sr. tech
64 hrs
100
6,400
12,100
ARCHITECTURAL SCHEMATIC DESIGN
floor plan design options, roof replacement
PM
40 hrs
150
6,000
CADD - 3D modeling
sr. tech
120 hrs
100
12,000
project management, input from owner&subconsultants
PM
16 hrs
150
2,400
meeting or coordination with Client
PM
16 hrs
150
2,400
construction cost estimate
PM
24 hrs
150
3,600
26,400
SUB -CONSULTANTS and EXPENSES
structural engineering
17,000
mechanical
0
plumbing engineering (to be done by architect with dwg notes)
5,000
electrical engineering (to be done by architect with dwg notes)
6,000
photocopies, large size prints, travel, delivery
300
28,300
ARCHITECTURAL CONSTRUCTION DOCUMENTS
CADD - 3D modeling
sr. tech
280 hrs
100
28,000
refine design of floor plans, interior, special details
PM
40 hrs
150
6,000
project management
PM
20 hrs
150
3,000
meeting or coordination with Client
PM
20 hrs
150
3,000
specifications in CSI format
PM
40 hrs
150
6,000
construction cost estimate
PM
24 hrs
150
3,600
quality control
PM
50 hrs
150
7,500
client/bldg dept dept submittal and corrections to comments
sr. tech
20 hrs
100
2,000
59,100
TOTAL DESIGN FEE: $125,900
CONSTRUCTION SUPPORT (AS -NEEDED BASIS)
Bidding Assistance, pre -bid meeting
PM
0 hrs
150
0
construction meeting(s)
PM
24 hrs
150
3,600
Respond to RFI and technical assistance
PM
50 hrs
150
7,500
Record drawings
sr. tech
40 hrs
100
4,000
CONSTRUCTION SUPPORT FEE: $15,100
TOTAL DESIGN & CONSTRUCTION SUPPORT FEE: $141,000
BOA STAFFING: Approved By: C
PM = Edward Lok Ng, Leo Arteaga On -Call: C-8703-1
Sr.Tech = Josue Soma, Lucas N y�
g Acct: 19F02-Design-571-Unassigned2—
NOTES AND RESTRICTIONS: $141,000 Q 1
1. Scope of Work limited to that stated. 9/14/22 TAS/�Gi� �l�"✓wL
2. BOA will provide blueprints for submittals to Bldg & Safety Dept.. V
3. The Owner will provide, as much as possible, accurate as -built dwgs. & locations of all utilities.
4. Client will be responsible for procurement of an asbestos/environmental report, and land survey as needed.
5. Client will provide all printing for bidding and construction phases.
1511 Cota Avenue
Architecture Long Beach, CA
�3 Government Services Telephone: 562-912-2-912-7900 www.boaarchitecture.com
Telephone: 310-832-2681
Mr. Tom Sandefur, Assistant City Engineer Sept. 13, 2022
City of Newport Beach
Re: On -Call Contract C-8703-1, Scope and Fee Proposal for Architectural -Engineering Services for:
Repair/Remodel of 8 Oceanside Restrooms
Based on the Scope in your attached "Oceanside Restroom Rehab Scope" and our site walk-thru with you and Kyle
Aube on 8-25-22, we are pleased to submit our Scope of Work and Fee Proposal for design documents to
repair/remodel 8 oceanside restrooms, sufficient for building permit approval and public bidding to contractors. Note
that during the site walk-thru, we added to your Scope. Our updated Scope is outlined below and our itemized fee
spreadsheet is attached.
A. Orange Street Beach Restroom....... $27,500 Design Fee
1. Junction box at exterior is unsecured, electrical conduit exhibits minor corrosion. Thus, replace box
2. Access panel in men's room is dented and twisted presenting sharp edge. Thus, replace with stainless
panel
3. Replace trough urinal with 2 new urinals
4. Spalls on sill course need to be addressed, Thus, remove and replace one roll of the top CMU course.
5. Complete roof replacement is needed (including all rotted wood and CMU sill course). Consider wider
roof overhangs to protect the wood beams and CMU walls.
6. Replace door and frame to chase
7. Remove existing wood trellis and pillars.
8. Provide toilet partition doors for privacy.
9. Replace all lights with LED type light fixtures.
10. Replace 2 existing sinks with new ones.
11. Paint all surfaces.
B. 5811 Street Beach Restroom....... $27,500 Design Fee
12. Electrical switch in utility room is highly corroded. Thus, needs to be replaced.
13. Replace all Exterior lights and interior lights to LED.
14. Extend tile threshold to the doorway.
15. Provide New urinals and sinks.
16. Planter replacement is not needed.
17. Spalls on sill course need to be addressed, Thus, remove and replace one roll of the top CMU course.
18. Complete roof replacement is needed (including all rotted wood and CMU sill course). Consider wider
roof overhangs to protect the wood beams and CMU walls.
19. Replace louvers with open mesh screens for better ventilation.
20. Remove existing wood trellis and pillars.
21. Provide toilet partition doors for privacy especially at Men's restroom.
22. Demolish and replace the concrete curb ramp lead from ADA parking to the restroom. BOA will design
this curb ramp without a land survey. We will rely on field measurements.
C. 381h Street Beach Restroom....... $15,500 Design Fee
23. Interior tile work doesn't meet city aesthetic standards. Thus, replace tile
24. Toilet stalls peeling; replace it
25. Interior walls do not meet city aesthetic standards; clean and repaint, or tile over it.
26. Skylights are fading and cracking; replace it with new solar light tubes
27. Concrete site fixtures require cleaning and patching
28. Replace 8 up -lights w LED site lighting
29. Replace all four doors
30. Provide New drinking fountain (wall mounted preferred)
31. Replace the existing roofing with new.
32. Provide toilet partition doors for privacy.
33. Patch concrete columns.
34. Replace -repair toilet mount bolts.
35. Install new extended roof drip edge to side walls of building.
36. Install sheet metal cap flashing to wood trellis, and paint all of the wood trellis.
37. Install new mesh screens over steel bars at vent openings.
1511 Cota Avenue
Architecture Long Beach, CA90813
rn � Govement SeIVICes Telephone: 562-2-912-7900 www.boaarchitecture.com
Telephone: 310-832-2681
D. Washington Street Beach Restroom....... $15,500 Design Fee
38. Interior tile surfaces are discolored due to lack of adequate cleaning; replace
39. Roof needs pressure wash
40. Lights to be replaced with LED
41. Fence across dumpster area. Add man gate and dumpster gate. Demolish the right side wall of
dumpster area and incorporate as part of trash enclosure.
42. Clean and reseal all outside tile and grout
43. Louvers or mesh screens all replaced. Add hinge to access chase roof
44. Fixtures to be replaced
45. Replace blue tile course with white, or scratch resistance type in the Men's restroom.
46. Replace all the auto -flush with manual push buttons.
47. Install copper cap flashing to wood trellis.
48. Provide toilet partition doors at Men' for privacy.
E. Irvine Terrace Beach Restroom....... $15,400 Design Fee
49. Seal exterior utility penetration
50. Chase door and frame replacement is needed.
51. Fix rotted wood sills and framing
52. Toilet mounting plate replacement with stainless
53. Flush valve replacements to push-button type
54. Block up unused door with new brick/CMU
55. Solar tube replacement for skylights
56. Paint exterior walls
57. Replace all 4 dented metal louvers
58. Paint interior
59. Replace built-up roofing with new TPO-PVC roofing system.
60. Extend roof overhang to protect and add esthetics to restroom entries.
F. Port Carney Beach Restroom....... $14,500 Design Fee
61. Sewer and supply lines show some light to moderate rust, and signs of water leaks; replace piping where
leaking.
62. Water infiltration at roof, roof sheathing shows advanced rot, potential water rot on support members.
Thus, replace roof with new TPO-PVC roofing system, repair ceiling gyp. board.
63. Exterior stucco exhibits some chipping and cracking; patch and paint
64. Doors show some wear; replace doors and frames
65. Install New wall tile
66. Clean floor tiles
67. Need New access panels and floor drains, stainless
68. Add upper support to strengthen toilet partition.
69. Flush valve replacements to push-button type
70. Install new solar light tubes for natural lighting.
71. Remove and replace wood roof shingles with synthetic type.
G. Port Westbourne Beach Restroom....... $14,500 Design Fee
72. Sewer and supply lines show some light to moderate rust, and signs of water leaks; replace leaky piping.
73. Roof system has several holes and flashing is compromised. Thus, replace roof with new TPO-PVC
roofing system, and new roof drain.
74. Exterior stucco exhibits some chipping and cracking; patch and paint
75. Doors show some wear; replace doors and frames
76. Install new wall tile in the Men's restroom
77. Clean floor tiles
78. Not Used
79. Add upper support to strengthen toilet partition.
80. Flush valve replacements to push-button type
81. Install new solar light tubes for natural lighting.
82. Remove and replace wood roof shingles with synthetic type.
83. Replace wooded toilet paper dispensers with new stainless steel type.
1511 Cota Avenue
\��\ �O�p Architecture Long Beach, 2-912- 3
"' Government Services Telephone: 310-8 2-2681 www.boaarchitecture.com
Telephone: 310-832-2681
H. Balboa Island Ferry Beach Restroom....... $10,500 Design Fee
84. Narrow gauge roof gutter needs to be re -secured. However, no roof gutters were found.
85. Repair rotted corner soffit and add stainless corner guards
86. Replace corroded metal fixtures
87. Remove mirrors
88. Replace exterior doors
89. Install New floor tiles
90. Patch exterior concrete cracking at site, replace tile floor with epoxy floor paint.
91. Paint upper sections of walls for maintenance and aesthetic standards. BOA recommends to paint all the
exterior walls surfaces.
92. Replace missing section of bird guard at shade structure near dock
93. Paint and patch all shade structure elements, including rails
94. Install copper cap flashing to wood trellis.
Scope of Work Common to all Locations
95. Site visit to confirm restroom dimensions, photos, site observation.
96. Provide ADA Compliance for items within our Scope.
97. Secure all relevant City plancheck and building permit approvals.
98. Construction cost estimate
99. Specifications
100. Provide the customary PS &E (Plans, Specs, Estimate) for Public Works bidding to contractor(s)
101. Provide submittals for your review and comments at 30%, 90%, 100% completion.
Construction Support
a. Provide answers to RFI's and submittals.
b. Construction Support is on a Time/Material basis and limited to amount stated in fee spreadsheet.
c. Provide Record drawings from redlined comments from the General Contractor.
Exclusions
We have assumed that the City will provide all available drawings of their existing facilities, and that BOA will NOT
provide the following:
1. Fire alarm drawings (existing fire alarm system to remain)
2. Hazardous materials report
3. Topographic land survey and civil engineering.
4. ADA parking stall (existing ADA parking stall assumed to be ADA Compliance).
5. 3-Dimensional color renderings
BOA Architecture can begin work immediately upon your Notice to Proceed and receipt of your as -built drawings. We
can submit Schematic Design Drawings as soon as possible or within 8-weeks from Notice to Proceed. We are
excited by the chance to work with you and for the City again. If you have any questions, please do not hesitate to
contact me personally at (310) 480-7730 cell.
BOA Architecture
Edward Lok Ng, Architect,
L ED AP, President
FEE PROPOSAL
City of Newport Beach, 8 Oceanside Restrooms Rehab.
date: Sept. 13, 2022 Construction Cost Es to be determined
for: City of Newport Beach, Tom Sandefur prepared by: BOA, Edward Lok Ng
STAFF HR UNIT RATE COST TOTAL
PRE -DESIGN
kick-off meeting to verify scope of work, obtain s-built dwgs.
PM
4 hrs
150
600
project management, confirm cost/work plan & prep field work
PM
6 hrs
150
900
ADA & maintenance site assessment, measurements & photos
PM
30 hrs
100
3,000
meeting or coordination with Client
PM
8 hrs
150
1,200
CADD - 3D modeling; as -built drawings
sr. tech
64 hrs
100
6,400
12,100
ARCHITECTURAL SCHEMATIC DESIGN
floor plan design options, roof replacement
PM
40 hrs
150
6,000
CADD - 3D modeling
sr. tech
120 hrs
100
12,000
project management, input from owner&subconsultants
PM
16 hrs
150
2,400
meeting or coordination with Client
PM
16 hrs
150
2,400
construction cost estimate
PM
24 hrs
150
3,600
26,400
SUB -CONSULTANTS and EXPENSES
structural engineering
17,000
mechanical
0
plumbing engineering (to be done by architect with dwg notes)
5,000
electrical engineering (to be done by architect with dwg notes)
6,000
photocopies, large size prints, travel, delivery
300
28,300
ARCHITECTURAL CONSTRUCTION DOCUMENTS
CADD - 3D modeling
sr. tech
280 hrs
100
28,000
refine design of floor plans, interior, special details
PM
40 hrs
150
6,000
project management
PM
20 hrs
150
3,000
meeting or coordination with Client
PM
20 hrs
150
3,000
specifications in CSI format
PM
40 hrs
150
6,000
construction cost estimate
PM
24 hrs
150
3,600
quality control
PM
50 hrs
150
7,500
client/bldg dept dept submittal and corrections to comments
sr. tech
20 hrs
100
2,000
59,100
TOTAL DESIGN FEE: $125,900
CONSTRUCTION SUPPORT (AS -NEEDED BASIS)
Bidding Assistance, pre -bid meeting
PM
0 hrs
150
0
construction meeting(s)
PM
24 hrs
150
3,600
Respond to RFI and technical assistance
PM
50 hrs
150
7,500
Record drawings
sr. tech
40 hrs
100
4,000
CONSTRUCTION SUPPORT FEE: $15,100
TOTAL DESIGN & CONSTRUCTION SUPPORT FEE: $141,000
BOA STAFFING: Approved By: C
PM = Edward Lok Ng, Leo Arteaga On -Call: C-8703-1
Sr.Tech = Josue Soma, Lucas N y�
g Acct: 19F02-Design-571-Unassigned2—
NOTES AND RESTRICTIONS: $141,000 Q 1
1. Scope of Work limited to that stated. 9/14/22 TAS/�Gi� �l�"✓wL
2. BOA will provide blueprints for submittals to Bldg & Safety Dept.. V
3. The Owner will provide, as much as possible, accurate as -built dwgs. & locations of all utilities.
4. Client will be responsible for procurement of an asbestos/environmental report, and land survey as needed.
5. Client will provide all printing for bidding and construction phases.