HomeMy WebLinkAbout11 - C-3502 - City Hall Facility Needs AssessmentJanuary 8, 2002
CITY COUNCIL AGENDA
ITEM NO. 11
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: CITY HALL FACILITY NEEDS ASSESSMENT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN ADVISORS,
INC., CONTRACT NO. 3502
RECOMMENDATIONS:
Approve a Professional Services Agreement with Griffin Advisors, Inc., of Laguna
Beach, California, to perform a comprehensive space utilization assessment, a
needs analysis, and recommendations at a contract price of $154,780.
2. Authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
At the July 24, 2001, Newport Beach City Council meeting, staff was directed to
develop a scope of services for a City Hall Facility Needs Assessment. The Council
decided to pursue a long-term strategic plan in the form of a City Hall Facilities Master
Plan, that would map our facility requirements in order to better serve the public. The
proposed action will initiate the facilities planning/needs assessment phase of the
proposed Master Plan for the City Hall campus.
The scope of work incorporates a long-term, integrated approach, addressing current
and long-term workspace needs with respect to staffing, facilities access, mobility,
storage, and customer service. This effort is closely aligned with one of the City
Managers "Top Ten" goals to improve the City's existing office space constraints
affecting the plan check and issuance process.
An invitation to submit qualifications was sent to all architectural firms with a Newport
Beach business license and a small list of firms recommended by other local agencies.
Twelve firms attended a site tour of the City Hall campus. Subsequent to the tour, the
following eight firms submitted their qualifications to provide space utilization and needs
analysis professional services:
• Environ Architecture • James Lawson Pirdy, AIA, Inc.
• Griffin Advisors, Inc. • Saunders Design Group
• Dougherty & Dougherty . Thirtieth Street Architects, Inc.
• The Hill Partnership, Inc. 0 Roberto A. Viggayan & Associates
SUBJECT: City Hall Facility Needs Assessment — Approval of Professional Services Agreement with Griffin Structures, Inc„
Contract No. 3502 -
January 8, 2002
Page 2
Staff reviewed the qualifications of the firms and three firms were chosen to respond to
the City's Request For Proposal:
• Dougherty and Dougherty
• Thirtieth Street Architects
• Griffin Advisors, Inc.
The proposals were reviewed to evaluate each firm's qualifications, past experience on
similar projects, and availability. Griffin Advisors, Inc., (Griffin) was ranked the highest.
Upon selection, Staff negotiated with Griffin, to provide the necessary scope of services
for a fee of $154,780. Griffin has successfully completed space utililization and needs
analysis services competently and professionally on similar projects for other local
agencies in Southern California.
The scope of Griffin's professional services will include the following activities:
I. SPACE UTILIZATION ASSESSMENT
The space utilization component shall provide a comprehensive assessment of
current space utilization and allocation for existing operations and staffing at the
City Hall complex.
A. An analysis and findings of the current space allocation for existing staff, by
building and functional use.
B. Preparation of an illustration of the current space allocation for visitors and
customer service operations.
C. An analysis and findings of the current space allocation for visitors and
customer service operations.
D. Preparation of an illustration that represents the current space allocation for
shared needs such as conference rooms, lunchrooms, restroom facilities, and
parking.
E. An analysis and findings of the current space allocation for shared needs such
as conference rooms, lunchrooms, restroom facilities, and parking.
F. Preparation of an illustration that represents the current space allocation for
specialized equipment such as, computers, telecommunications, HVAC, and
electrical facilities.
G. An analysis of the current space allocation for specialized equipment.
H. Identification and analysis of current space constraints and/or inefficiencies.
SUBJECT: City Hall Facility Needs Assessment — Approval of Professional Services Agreement with Griffin Structures, Inc.,
Contract No. 3502
January 8, 2002
Page 3
I. Formulation of recommended space standards based on acceptable industry
standards.
J. Formulation of a comparison of the City's current space allocation in relation to
acceptable industry standards.
K. Formulation of benchmark comparisons between the City and private sector.
L. Formulation of benchmark comparisons between the City and other cities of
similar population.
IL NEEDS ANALYSIS
A. Evaluation of the individual workspace needs for existing and future services
and staffing.
B. Analysis of the specialized equipment space needs, i.e. computer network,
telecommunications and HVAC.
C. Evaluation of current infrastructure condition, life expectancy, replacement
schedule, and cost of buildings and utility systems.
D. Modifications designed to enhance service delivery and increase the efficiency
of space utilization.
E. Formulation of standards for housing functions, which require interface and/or
proximal location to one another.
F. Development of recommended standards for the City's space needs.
G. Application of the recommended standards to existing staffing functions.
III. RECOMMENDATIONS
A. Development of alternative solution concepts that range from remodels with
minor reconstruction, to new construction and their associated costs.
Concepts should include phasing, temporary facilities, and transition costs.
B. Evaluation of the best solution to meet the long-term facilities needs, including
potential parking solutions.
C. Provide an implementation strategy, including funding analysis, design team
formation, and construction phasing program.
SUBJECT: City Hall Facility Needs Assessment — Approval of Professional Services Agreement with Griffin Structures, Inc.,
Contract No. 3502
January 8, 2002
Page 4
Griffin proposed additional items as options to their proposal and Staff recommends
implementing all of these items into their scope of work:
A. Interview second-tier Management Staff and others to develop a more accurate
needs assessment.
B. Develop detailed projections of operations using techniques which model growth
using historic budget parameters, projections of annexation and population growth,
as well as economic and legislated impacts on City services, and provide a basis
of facility planning for a future period of twenty or more years.
C. Study One -Stop -Shop requirements for issuing permits and explore options for
developing this operation at the City. This can include centralized cashiering, flow
of paper and plan check materials, computerized plan review systems, and other
factors. Tours of other agencies will be arranged.
D. Analysis of records management, archiving, microfilm storage, off-site storage, and
similar operations that may relieve the need for office space in City Hall.
E. Tour other City Halls to identify optional configurations of space and design
challenges.
F. Provide detailed Staff and operational projections to be used as a management
tool to meet long-term requirements.
G. Determine parking requirements, model visitor requirements, identify parking
available today, needed today, and needed for the future.
H. Provide detailed review of land options, financial issues, partnership opportunities,
and alternatives regarding other City -owned land resources.
I. Participate in public workshops to obtain general public input and advice regarding
development and evaluation of alternative approaches.
J. Development of financing package and evaluation of alternative funding
mechanisms.
Funding for this work has been budgeted and is available in Account No. 7011-
C2910545.
Respectfully
�040,-WORKS DEPARTMENT
Std en G. Badum, Director
By: A� a-to�
Lois Thompson
Administrative Manager
Attachments: Professional Services Agreement
DRAFT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of , 2002, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City"), and Griffin Advisors, Inc., whose address is 385 Second Street, Laguna
Beach, California, 92651, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement a Facilities Space Utilization and Needs
Analysis (`Project").
C. City desires to engage Consultant to perform a comprehensive space
utilization assessment, a needs analysis, and provide
recommendations for the City Hall campus facility expansion upon the
terms and conditions contained in this Agreement.
D. The principal member of the Consultant for purpose of Project is
Roger Torriero.
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E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
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 _ day of , 2002, and
shall terminate on the 315` day of December, 2002, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
one hundred fifty-four thousand, seven hundred eighty and 00/100 Dollars
($154,780.00).
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3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Actual costs and/or other costs and/or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
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percent (10%) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. If Consultant is performing inspection or construction
management services for the City, the assigned staff shall be equipped with a Nextel Plus
type cellular/direct connect unit to communicate with City Staff; consultant's Nextel Direct
Connect I.D. Number will be provided to City to be programmed into City Nextel units, and
vice versa. Consultant further represents that it shall keep in effect all such licenses,
permits and other approvals during the term of this Agreement.
4.2 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, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
4.3 The term Construction Management or Construction Manager does not
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imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor"), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute 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 details
and means of performing the work provided that Consultant is in compliance with the
terms of this Agreement. Anything in this Agreement which may appear to give City the
right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
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6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Roger Torriero to be its Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibit 'B", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and Consultant shall perform the services in accordance with the schedule specified
below. The failure by Consultant to strictly adhere to the schedule may result in
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termination of this Agreement by City and assessment of damages against Consultant for
delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays,
which are due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the services to be provided for Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
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11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
BE
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including "Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance, including additional insured and
primary and non-contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured and primary and non-contributory wording, covering any owned and
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rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services, to
be performed in connection with this Agreement in the minimum amount of
one hundred fifty-four thousand, seven hundred eighty and 00/100
Dollars ($154,780.00).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
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any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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 co -tenant if Consultant is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. 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 orjoint-venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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 as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
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and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
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D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Lois Thompson
shall be considered the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. 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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
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withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7%) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and/or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
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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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Lois Thompson, Administrative Manager
City of Newport Beach Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
(949) 644-3335 Fax (949) 644-3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Griffin Advisors, Inc.
385 Second Street
Laguna Beach, CA 92651
949-497-9000 949-497-8883
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26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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
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different character.
29. 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of 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,
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City agrees to indemnify Consultant for damages and liability resulting from the
modification or misuse of such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
City Attorney
ATTEST:
By:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
0
Mayor
GRIFFIN ADVISORS, INC.
f;\usem\pbwlsharedlagreements%fy 01-02\griffin-city hall needs analysis.doc
M.
EXHIBIT A
C. SCOPE AND METHODOLOGY
T OVERVIEW
The scope of work we propose is essentially a "menu' detailing our interpretation of the scope as requested in
the RFP. In examining the City's scope statement, we have had to address the depth and detail which the City
wants, and the detail of documentation the City expects which support our conclusions.
The work plan we will undertake—the methodology by which we will provide the products of scope that the
City has requested—is not simply to execute these items as if they were separate tasks, but rather to perform a
_ carefully crafted work plan that provides these items in an orderly and efficient manner, with suitable docu-
mentation to support the findings, and with a focused goal of finding the best solution to the City's needs for
space.
-: Because of this organized approach, our methodology also provides additional information as a work by-
product, which the City will find valuable in its deliberations and conclusions. For example. we propose to pre-
sent graphic illustrations of the require amounts of space by function (staff areas, public spaces, meeting
rooms, specialized equipment areas, etc.) and compare this to the existing (allocated) space. Allocations of
growth space, or projected requirements will be compared to the existing requirement and also to the existing
actual spaces. All this allows the City to test the logic of the needs analysis.
We have been careful not to overstate the detail and analysis which the City might have requested for this pro-
ject. We have been involved in past work in many levels of space analysis and management planning, all based
7 on different motivations, study requirements, and outcome expectations. Where feasible, we have added extra
depth and detail as an option (see Section I), but we have assumed a certain core level of detail in the base ap-
proach.
We firmly believe that the City must undertake a sufficiently careful analysis of needs, and produce a
document that can stand critical public and political scrutiny, and also be supported fully by City staff
and management.
Scope as Requested and as Provided
The following scope of activities and products is included in the program of work we have proposed.
"a J
I. Space Utilization Analysis
—� A. Preparation of an analysis and findings of the current space allocation for existing staff, by building and
functional use.
-' B. Preparation of an illustration of the current space allocation for visitors and customer service operations.
C. An analysis and findings of the current space allocation for visitors and customer service operations.
D. Preparation of an illustration that represents the current space allocation for shared needs such as confer-
ence rooms, lunchrooms, restroom facilities, and parking.
E. An analysis and findings of the current space allocation for shared needs such as conference rooms,
lunchrooms, restroom facilities, and parking.
F. Preparation of an illustration that represents the current space allocation for specialized equipment such
as computers, telecommunications, HVAC, and electrical facilities.
' G. An analysis of current space allocation for specialized equipment.
.� H. Identification and analysis of current space constraints and/or inefficiencies.
1. Formulation of recommended space standards based on acceptable industry standards.
Griffin Advisors, Inc. / LPA, Inc. Page 4 Newport Beach City Hall Needs Assessment
A
J. Formulation of a comparison of the City's current space allocation in relation to acceptable industry
standards.
K. Formulation of benchmark comparisons between the City and other cities of similar population.
II. Needs Analysis
A. Evaluation of the individual workspace needs for existing and future services and staffing.
B. Analysis of the specialized equipment space needs (i.e., computer network, telecommunications, and
HVAC).
C. Evaluation of current infrastructure condition, life expectancy, replacement schedule, and cost\ of build-
ings and utility systems.
D. Modifications design to enhance service delivery and increase the efficiency of space utilization.
E. Formulation of standards for housing functions, which require interface and/or proximal location to one
another.
F. Development of recommended standards for the City's space needs.
G. Application of the recommended standards to existing staffing functions.
III. Recommendations
A. Development of alternative solution concepts that range from remodels with minor reconstruction, to
new construction and their associated costs. Concepts should include phasing. temporary facilities, and
transition costs.
B. Evaluation of the best solution to meet the Ione -term facilities needs, including potential parking solu-
tions.
C. Provide an implementation strategy, including funding analysis, design team formulation, and construc-
tion phasing program.
Outline of the Work Plan (Our Methodology)
The following illustrates the step-by-step approach of our proposed methodology. Each of the required ele-
ments of the scope of work, above, is produced in a logical order and in sufficient detail to meet the require-
ments of this Project. Below, we describe the methodology in greater detail.
r._._._._._._._., r.._._._._._._._._j I._._._._._._._._.
I Assessment I 13. Needs Analysis
11. preliminaries I 2. Assessment
r_._._._._._._._._j
14. Recommendations I
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11
Newport Beach Needs Assessment
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Griffin Advisors, Inc. I IPA, Inc.
Page 5 Newport Beach City Hall Needs Assessment
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EXHIBIT B
14 November 2001
Ms. Lois Thompson
Administrative Coordinator
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92658-8915
Re: FEE PROPOSAL to the City of Newport Rerrch
Facilities Space Utilization and Nleds Analysis
Dear Ms. Thompson
As requested, attached is our FEE PROPOSAL associated with the "Facilities Space Utilization and Needs
Analysis" Proposal and Work Plan which is submitted under separate cover. The total fcc for our proposed
core services (including an estimated 7% for reimbursable expenses) is the not -to -exceed fixed price of
Eighty -Nine Thousand Three Hundred Forty Dollars ($89,340,00).
The attached calculation detail sheets identify the numbers of hours assumed for each position on the
identified team, their hourly rates, the number of hours for each position to perform each of the proposed
tasks, and the fee requirements that are computed f rum these items.
Note that we have taken a `menu" approach, as described in the main Proposal. On this basis a number of
additional optional services are proposed which the City may elect to have performed. In any case, the
services requested in the RFP are all included in the base fee. above. These optional services, for the most
part, provide extended analysis, greater detail, and more complete documentation. These optional services
also provide certain information (such as projections of operations for the proposed facilities projection
window) that is assumed to be provided by the City in the base projections. The total for these optional
services will necessarily depend on which services, if any, the City elects. Please refer to the last cost
computation detail sheet of the attached material for a listing of these services and related costs.
Thank you
Sincerely,
rorricro1cro
GRIFFIN HOLDINGS INCORPORATED
36i SECOND STREET, LAGUNA BEACH. CA 92651
(949) 497-9000 • (949) 497-8883 fax
CORE FEE CALCULATION
The following spreadsheet identifies proposed staff, hourly staff rates, proposed time commitments, and calcu-
lated fixed fee requirements for the Newport Beach City Hall Space Utilization and Needs Analysis project. All
work activities and tasks correspond exactly to those identified in the Proposal, submitted under separate cover.
The Core Fee Calculation covers all services identified in the City's Scope of Services (listed in the RFP) as de-
scribed in our Proposal document. Fee requirements for additional work which the City may elect as extra
services are presented separately.
The key to the identified staff positions is as follows:
RNT
Roger Torriero, Griffin Advisors, Inc.
AB
AI Beaudette, Griffin Advisors, Inc.
BM
Brian Myers, Griffin Advisors, Inc.
RH
Robert Hall, Griffin Advisors, Inc.
DH
Dan Heinfeld, LPA, Inc.
JW
Jim Wirick, LPA, Inc.
GC
Glen Carels, LPA, Inc.
Other Prof
Various professional architectural and designer staff
Cons
Consultants (Sub -consultants) as listed in the Proposal
Griffin Advisors, Inc. I LPA, Inc. Newport Beach City Hall Needs Analysis Fee Proposal
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