HomeMy WebLinkAbout19 - CDM Fire Station #5 and LibraryTO:
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TITLE:
ABSTRACT:
CITY OF
NEWPORT BEACH
City Council Staff Report
March 24, 2015
Agenda Item No. 19
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
Fong Tse, Assistant City Engineer
(949) 644 -3321
Corona del Mar Fire Station No. 5 and Library Replacement — Approval of
Professional Services Agreement with WLC Architects (CAP14 -0001)
The existing Corona Del Mar Fire Station No. 5 and the Corona del Mar Branch Library were constructed
more than sixty years ago. Both of these buildings have exceeded their intended service life and need to
be replaced. Consultant design services are needed to prepare the construction contract documents to
replace these facilities at their current Marigold Avenue location.
RECOMMENDATION:
Approve a Professional Services Agreement (PSA) with WLC Architects of Rancho Cucamonga, California
for Corona del Mar Fire Station No. 5 and Library Replacement Project at a not -to- exceed price of
$457,750.00, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
Sufficient funding for this design engineering work is available in Account No. 7404- C1002042 (Corona
Del Mar Fire Station No. 5 and Library Replacement) and will be expensed as follows:
Vendor Purpose Amount
WLC Architects Design Services $ 457,750.00
Total: $ 457,750.00
DISCUSSION:
The existing Corona Del Mar Fire Station No. 5 and the Corona Del Mar Branch Library went into service
separately approximately sixty years ago. These facilities, especially Fire Station No. 5, do not comply
with the current building codes nor meet today's operational needs. A portion of the firefighter staff is
currently housed in manufactured trailers. The current onsite parking arrangements are also inefficient.
The FY 14 -15 Capital Improvement Program provides funds to replace these structures with a new
combined Fire - Library mixed -use facility at the current Marigold Avenue location. Given that this project
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requires specialized expertise, staff researched similar facilities that were recently constructed in the
Southern California region and invited ten (10) architectural design firms to submit their qualifications
(SOQ) for consideration (therefore, this was a qualifications -based selection process or "QBS" versus a
low bid process). Of the nine SOQ respondents, five were invited to propose on this project.
The City review team consisted of staff from the Fire, Library Services, and Public Works Departments.
Using QBS, each of the five proposals was evaluated and scored based on the consultant team's
experience and qualifications, planning and design approach, design ideas, and projected level of effort.
Collectively, the two top- ranked firms were selected for interviews to share with staff their past
experiences as well as their approaches and vision for the project. After further internal discussions, WLC
Architects (WLC) was unanimously selected as the most qualified and responsive firm for this project.
WLC also has an impressive track record having completed the design of over 100 fire stations for various
agencies throughout California.
Prior to recommending entering into a PSA with WLC upon consultant selection, staff issued a minor
contract in the amount of $2,400.00 to WLC to generate a couple of rough conceptual floor plans to
"brainstorm" the options available to meet our operational needs. The rough floor plan concept
(Attachment C) was produced after a number of iterations and it largely adheres to the square footage
recommended by the Major Facilities Master Plan. Staff felt that this extra intermediate step provided the
City and WLC with a valuable understanding of the City's expectations and provided a place to start the
community discussion. The concept is based on a 1,700 sf apparatus bay, a 4,100 sf Fire facility for a
staff of six, a shared lobby and a 2,500 sf Branch Library.
WLC has since then revised the original Proposal to reflect the details identified during the "brainstorming"
exercises. Staff and WLC discussed the revised design Proposal and reached agreement on the scope of
work, the level of effort and final fee listed on the attached PSA for a not -to- exceed fee of $457,750.00.
WLC's proposed fees are commensurate with the current market conditions. In entering into this
Agreement, WLC agreed that should the lowest responsible construction bid received on the project
exceed the cost estimate by more than three percent (3 %), WLC will value engineer and redesign the
project at their cost to meet the $4.5 million construction budget, excluding FF +E (Furniture, Fixtures, and
Equipment). An additional $500,000 in project funding is expected to be necessary for the additional costs
associated with temporary relocation, undergrounding and specific fire service communications systems.
As the design progresses, staff will finalize these costs and present them as part of the upcoming CIP
budget process.
As part of the Concept Development & Design process, Public Works and WLC will prepare several
outreach opportunities to the surrounding community, the Board of Library Trustees, the Library, Fire
Department and others. These opportunities will give the public and end users the opportunity to meet
with the Project Team to discuss the project features, aesthetics and /or other elements to make the project
a success for the entire community. At the onset of the project, staff evaluated alternative delivery
methods and determined that the traditional design- bid -build method was the best method to
accommodate this design input process.
The design, review, plan check and input process is expected to take 12 months. Relocation and
construction is expected to begin by late spring 2016 and construction is expected to last 12 -14 months.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find that architectural design services are not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not
a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
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ATTACHMENTS:
Description
Attachment A - Location Map
Attachment B - Professional Services Agreement with WLC Architects
Attachment C - Rough Conceptual Layout
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ATTACHMENT A
Location Map
Corona del Mar Fire Station No. 5 &
Branch Library Replacement Project
N.T.S.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CAP14 -0001 1 03/24/2015
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH WOLF F /LANG /CHRISTOPHER ARCHITECTS, INC. DBA WLC
ARCHITECTS, INC. FOR
CORONA DEL MAR FIRE STATION NO. S /LIBRARY REPLACEMENT DESIGN
SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 24th day of March, 2015 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City"), and WOLFF /LANG /CHRISTOPHER ARCHITECTS, INC. DBA WLC
ARCHITECTS, INC., a California corporation ( "Consultant'), whose address is 8163
Rochester Avenue, Suite 100, Rancho Cucamonga, California 91730, 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 design services for the
Corona Del Mar Fire Station No. 5 /1-ibrary Replacement Project ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise-of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
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 Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Four
Hundred Fifty Seven Thousand Seven Hundred Fifty Dollars and 00 /100
($457,750.00), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kelley Needham to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
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standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 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 the highest professional standard.
8.3 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.
8.4 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 "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
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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. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
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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
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
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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
bome 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 "), which (1) requires such persons to
disclose any 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.
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25.2 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 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.
26.1 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: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kelley Needham
Wolff /Lang /Christopher Architects, Inc. DBA WLC Architects, Inc.
8163 Rochester Ave, Suite 100
Rancho Cucamonga, CA 91730
27. CLAIMS
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.).
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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. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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.
29.4 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.
29.5 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.
Wolff /Lang /Christopher Architects, Inc. DBA WLC Architects, Inc. Page 10
19 -14
29.6 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.
29.7 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.
29.8 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.
29.9 Controlling Law and Venue. The laws of the State of California shall
govem 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.
29.10 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 of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 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.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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19 -15
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Dater C
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: L— By:
Aaron C. Harp (AK 02-123/) r Edward D. Selich
City Attorney Mayor
ATTEST:
C-
Leilani I. Brown
City Clerk
CONSULTANT: Wolff/Lang /Christopher
Architects, Inc. DBA WLC Architects, Inc.,
a California corporation
Date:
Bv:
Kelley Needham
Vice President
Bv:
George Weins
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Wolff /Lang /Christopher Architects, Inc. DBA WLC Architects, Inc.
Page 12
19 -16
EXHIBIT A
SCOPE OF SERVICES
Wolff/Lang /Christopher Architects, Inc. DBA WLC Architects, Inc. Page A -1
19 -17
Overall Scope of Services
Basic Scope of Services
The following is a list of the basic activities and services anticipated for your new project. The scope has
been divided into four of the five phases typically associated with architectural services:
A. Schematic Design Phase
Fire
The first and perhaps most important task during the Schematic Design Phase will be to establish and
determine the best approach to the design of the primary systems in the project. The architectural
program shall be developed. Alternative configurations shall be quickly explored in order to evaluate
the best opportunities. A design concept shall be formulated in order to provide a sound basis for
subsequent planning and design decisions to occur. The design concept shall be utilized to evaluate
advantages and disadvantages of each potential alternative. Site and programmatic factors,
aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the
basis of an evaluation. Through a variety of informal meetings with the project committee, a
schematic design concept shall be established.
During the Schematic Design Phase for your project, the following tasks and deliverables been
identified:
1. Master Site Plan
A master site plan shall be prepared in order to describe all major site components and to
illustrate the overall site planning concept for the project. All structures, parking areas, and
circulation components shall be identified. Areas of future expansion and /or future phasing shall
also be defined.
2. Preliminary Landscape Plan
A preliminary landscape plan shall be prepared in order to illustrate proposed planting,
landscaping techniques, and design concepts. Drought resistant, low maintenance, and
xeriscope techniques shall be defined. A preliminary plant palette, identifying major tree and
shrub species, shall be included.
3. Preliminary Floor Plans
A preliminary floor plan of each level for every structure proposed shall be prepared.
4. Exterior Elevations
Exterior elevations shall be prepared to illustrate all major views of the project. Elevations shall be
drawn to depict scale, character, architectural vocabulary, and shall be delineated to
communicate the aesthetic qualities of the project.
5. Schematic Design Opinion of Cost
A preliminary opinion of construction costs shall be prepared and included with the summary
report.
6. Hazardous Material Survey
A survey of each existing facility will be conducted in order to determine the presence of asbestos,
lead, and miscellaneous toxic materials.
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[IMU
7. Topographical Survey
A complete Topographical and Boundary Survey shall be furnished by the Design Team. The size,
area, and overall configuration of the site area shall be accurately defined noting all existing
conditions, improvements, utilities, and adjacent relationships.
8. Geotechnical Investigation
A Geotechnical Investigation shall be furnished by the design team. The soils report shall be
reviewed in order to determine existing soils conditions, soils characteristics, water table relationship
to known seismic faults, and overall soils suitability for the proposed project. Specific
recommendations shall be made for soils preparation related to the construction of footings,
foundations, slabs, and various pavement sections.
9. Environmental Planning
The Design Team will prepare all reports and documents pursuant to the requirements of the
California Environmental Quality Act (CEQA) and EMWD's adopted CEQA procedures.
10. Project Schedule
A comprehensive project schedule sholl be prepared. The project schedule shall include
anticipated time frames for each phase of the project as well as any other milestones required by
the City.
S. Design Development Phase
After completion of the Schematic Design Phase, the design of the project shall be advanced
into more detailed refinement by initiating the Design Development Phase. Our Design Team
shall prepare design development documents consisting of drawings, outline specifications, design
calculations, material /equipment submittals, fixture cuts, and a design development opinion of
estimated construction cost. Architectural, structural, electrical, and mechanical systems shall be
further detailed and analyzed. Preliminary drawings shall be prepared for each of these systems and
options which may exist shall be evaluated.
During the Design Development Phase, requirements for cabinets, casework, hardware, and related
specialties shall be determined. A preliminary fumiture plan shall be prepared indicating usage and
furniture layout of every work station, office, and support space. Final selection of materials, textures,
and colors shall occur. The Design Development Phase is essentially the time when preliminary design
proposals are refined to a level of detail and developed to a state such that final construction
documents can be initiated. The Design Development Phase is the time when all final decisions
pertaining to the proposed project are evaluated and finalized.
During the Design Development Phase, the following tasks and deliverables have been identified:
1. Design Development Plans
Design development drawings shall be prepared in order to fix and describe the size and
character of the entire project including architectural, structural, mechanical, and electrical
design features.
2. Outline Specifications
Outline specifications shall be prepared in order to identify and define the materials and system
components selected for the project. Outline specifications shall be prepared in summary outline
form based on CSI format.
Fire Station
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3. Basis of Design
A technical manual shall be assembled to organize product literature and data for all materials,
equipment, and fixtures selected for the project.
4. Building Code Analysis
Drawings, diagrams, and calculations shall be prepared based upon all applicable building codes
having jurisdiction over the project. A preliminary occupancy and exiting plan shall be prepared to
identify the type of construction, type of occupancy, required fire rating /separation, and
location /number of exits required.
5. Design Development Opinion of Cost
An opinion of construction cost shall be prepared to reflect the scope and anticipated
construction costs as reflected by the design development documents.
6. Project Schedule
An updated project schedule shall be prepared and submitted.
C. Construction Document Phase
The final Construction Document Phase of the project generally consists of the preparation of the
construction documents to include final drawings, specifications, calculations, and final cost estimates.
Our proposal includes complete and comprehensive architectural and engineering services required
to execute the entire project. Specifically, we have included the following disciplines:
• Architectural
• Civil Engineering
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
During this phase, the Contract Documents are prepared setting forth in detail the requirements for the
construction of the project. General conditions, instructions to bidders, and all special requirements are
defined, and when combined with the various trade specifications, a complete project manual is
produced.
During the Construction Document Phase final cost studies shall be prepared. A detailed opinion of
construction cost shall be prepared at the point where final plans and specifications are approximately
50% complete. Once construction documents have almost been completed, a revised opinion of cost
shall be prepared at the level of approximately 90% completion. Allowable construction costs will be
consistently monitored during the entire process in order to minimize the possibility of requiring major
refinement or modification due to budgetary limits.
The following tasks are specifically proposed for the project:
1. Construction Drawings
Final construction drawings shall be prepared in order to describe and identify the spaces, sizes,
volume, and location in detail for the construction of the project.
Fire Station 5
Page
19 -20
2. Project Manual
A project manual shall be prepared to include all instructions to bidders, bidding forms, general
conditions, supplementary special conditions, and the construction trade sections for the project.
The project manual provides detailed technical information pertaining to the administration of the
contract for construction, materials and equipment to be furnished, acceptable manufacturers,
and the requirements for executing the work.
3. Water Quality Management Plan
Prepare Water Quality Management Plan (WQMP) report and plans addressing how to treat the
post - construction stromwater runoff per City and County standard requirements.
4. Storm Water Pollution Prevention Plan
Prepare a Storm Water Pollution Prevention Plan (SWPPP) and electronically file a Notice of Intent
IN01) with the SWRCB SMARTS website in order to obtain a WDID number.
5. Final Design Calculations
Final design calculations shall be prepared and submitted with the final plans and specifications
for review and approval by governing agencies having jurisdiction over the project. Structural
calculations, hydrology /drainage calculations, and mechanical /electrical (Title 24 Energy
Compliance) shall be completed during this phase.
6. Opinion of Cost
A detailed opinion of construction costs shall be prepared at the point where plans and
specifications are approximately 50% complete. A second cost opinion shall be prepared at the
90% completion point in order to address any refinement or modification occurring during the
preparation of the construction documents. The cost opinion shall be prepared utilizing specific
area and quantity take -offs applied to labor and material cost, and shall include allowance for
general conditions. Contractors profit and overhead, and contingencies.
7. Final Plan Check
All final plans, specifications, and supporting calculations shall be submitted to appropriate
agencies having jurisdiction over the project. The final construction documents shall be revised
and amended in order to reflect any plan check requirements, and at this time, construction
documents will be ready for competitive bidding.
D. Bidding Phase
During the Bidding Phase, the Architect shall provide administrative support services to assist the City in
obtaining competitive bids for the proposed project. Notices Inviting Bids shall be distributed to local
construction plan rooms. The Architect shall respond to any questions, clarifications, or conflicts which
may arise in the form of written addenda to the contract documents. At this time, requests for
substitutions may be considered if allowed by the contract documents. The Architect shall assist the
City with an evaluation of the bids received and make a recommendation for award of the contract
for construction.
The following services for the Bidding Phase of the project are proposed:
1. Bidding Procedures and Administration
The Architect shall assist the City with the Bidding Phase of the project. Questions. clarifications, or
conflicts arising out of the bidding process will be resolved by addenda prepared by the Architect.
Addenda to the contract for construction shall be prepared in writing to document any
clarification or modification made to the contract documents.
Fire Station 5
19 -21
2. Evaluation of Bid Proposals
Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect.
The completeness of each bid proposal shall be evaluated whenever consideration exists to award
to the proposing contracting entity. The completeness of the bid proposal, proposed
subcontractors, affidavit of signature and other special bid proposal requirements shall be
reviewed by both the City and the Architect.
3. Notice to Award Construction Contract
Upon the completed review of appropriate bid proposals, the Architect shall provide a
recommendation for consideration regarding the potential award of the contract for construction.
Fire Station 5
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EXHIBIT B
SCHEDULE OF BILLING RATES
Wolff/Lang /Christopher Architects, Inc. DBA WLC Architects, Inc. Page B -1
19 -23
Fee Proposal
Your contract with WLC will mark a purposeful investment in your facilities. We are here to make sure that
you consider that investment to be a good one, with significant returns. WLC is extremely flexible when it
comes to the fee structure that best suits each new commission. We want the City and Fire Department to
feel that you are getting both a quality architectural product and excellent professional services at a fair
market price.
In an effort to better define our fee proposal, we have broken it down into the following components:
A.
Fee
B.
Reimbursables
C.
Items Excluded
D.
Hourly Rates
A description of each component is as follows:
A. Fee
Our fee will be a fixed lump sum and includes the following disciplines:
• Civil Engineering
• Architectural Design
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
• Geotechnical Engineering
• Environmental Engineering
Our fee includes all on -site improvements, circulation areas, parking areas, and landscaping. For the
purposes of establishing a fee, we have assumed a preliminary on -site construction budget of
$5.037,500.00. The fee will be adjusted to correspond to any increases in project scope. A breakdown
of our proposed fee is as follows:
Phase of Service
Fee
Schematic Design
$ 67,500.00
Hazardous Material Assessment
2,750.00
Geotechnical Investigation
12,000.00
Topographical and Boundary Survey
10,000.00
Environmental Services
27,000.00
Design Development
45,000.00
Construction Documents
250,000.00
Water Quality Management Plan
8,000.00
Storm Water Pollution Prevention Plan
3,000.00
Bidding
22,500.00
SUBTOTAL BASIC ARCHITECTURAL FEE
$ 447,750.00
Reimbursable Allowance
10,000.00
TOTAL BASIC ARCHITECTURAL FEE
457,750.00
Fire Station 5
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19 -24
Reimbursables
Items required or requested by the City, Fire Department, or approving agency will be invoiced as
reimbursable without markup on monthly intervals. Reimbursables generally include the following:
1. Bulk paper copy.
2. Photography.
3. Printing /Mylars.
4. Computer plotting.
5. Express or overnight mail /courier service.
C. Items Excluded
The following is a list of items which are excluded from our scope of services or are not anticipated to
be required. However, these services can be included, if requested, or once additional information Is
known:
I. Archaeology Studies.
2. Traffic Signalization.
3. Noise/Traffic /Acoustical studies.
4. Utility or Street Improvements within the public right -of -way.
5. Construction Surveying /Staking.
6. Plan Check /Permit /Purveyor Fees.
7. Professionally Constructed Building Models or renderings.
8. Title Reports and Reference Deeds.
9. Parcel Map /Lot Line Adjustment /Lot Merger.
10. Record of Survey Map.
11. LEED Certification.
12. Energy Modeling.
13. Conformed Documents.
14. Shoring Design.
15. Arborist /Biologist Reports.
16. Cone Penetration Testing.
17. Commissioning.
18. Hydrology Studies /Hydrology Calculations
19. QSP services during construction.
20. QSD services during construction.
21. Radius maps, mailing lists and public hearing signage.
22. Traffic control plans.
23. Easements /Grants /Quitclaim Deeds.
24. Construction Administration Services
Station 5
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19 -25
D. Hourly Rate Schedule
For additional services, the following hourly rates are proposed for the basis of negotiating scope
modifications which may be necessary for the project. Hourly rates include mark -up that will be
applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will
be negotiated at the time additional services are requested.
ARCHITECT
Principals of Firm
Associate Principal /Director
Associate /Coordinator
Senior Project Architect
Senior Project Manager
Project Architect
Project Manager
Technical Level I
Technical Level II
Technical Support
CIVIL ENGINEER
Principal Civil Engineer
Principal Land Surveyor
Project Engineer
Project Manager
Engineering Design
Design Draftsman
Draftsman
Technical Support
STRUCTURAL ENGINEER
Principal Engineer
Project Engineer
Chief Draftsman
Draftsman
Technical Support
ELECTRICAL ENGINEER
Principal
Project Manager
Project Engineer
Design Engineer
Designer /CADD Technician
Jr. Designer /CADD Technician
CA DID Technical /Drafter
Technical Support
Fire Station 5
$210.00
$185.00
$185.00
$170.00
$170.00
$145.00
$145.00
$ 95.00
$ 85.00
$ 75.00
$110.00
$ 85.00
$ 85.00
$ 55.00
$ 55.00
$ 50.00
$ 45.00
$ 20.00
$175.00
$150.00
$110.00
$ 90.00
$ 75.00
$175.00
$135.00
$125.00
$ 95.00
$ 90.00
$ 80.00
$ 70.00
$ 50.00
MECHANICAL ENGINEER
Principal
Associate Principal
Senior Project Manager
Project Manager
Senior Project Engineer
Project Engineer
Senior Design Engineer
Design Engineer
Senior Designer
Designer
CAD Designer
CAD Technician
Administrative
Word Processor
LANDSCAPE ARCHITECT
Principal Architect
Associate Architect
Architect /Project Manager
Job Captain /Designer
CA DID Technician
Draftsperson
Word Processor
ENVIRONMENTAL
Senior Regulatory Specialist
Regulatory Specialist
Senior Project Manager
Senior Planner
Environmental Staff
Technical Support
$225.00
$205.00
$195.00
$185.00
$170.00
$150.00
$135.00
$125.00
$115.00
$105.00
$100.00
$ 80.00
$ 75.00
$ 65.00
$165.00
$140.00
$125.00
$110.00
$ 95.00
$ 80.00
$ 65.00
$190.00
$150.00
$150.00
$150.00
$120.00
$ 79.00
Page 4
19 -26
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 Employers 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 officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Wolff /Lang /Christopher Architects, Inc. DBA WLC Architects, Inc. Page C -1
19 -27
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 elected or appointed officers, agents, officials, employees
and volunteers 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 and its officers, officials, employees, and agents 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. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Wolff /Lang /Christopher Architects, Inc. DBA WLC Architects, Inc. Page C -2
19 -28
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of speck coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractors performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Wolff/Lang /Christopher Architects, Inc. DBA WLC Architects, Inc. Page C -3
19 -29
judgment may be necessary for its proper protection and prosecution of
the Work.
Wolff /Lang /Christopher Architects, Inc. DBA WLC Architects, Inc. Page C-4
19 -30
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