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HomeMy WebLinkAbout18 - BA-037 - Mariners Joint Use LibraryCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Addendum to Agenda Item No. 18 January 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lois Thompson, Administrative Manager 949 - 644 -3311 Ithompson@city.newport-beach.ca.us SUBJECT: ADDENDUM TO MARINERS JOINT USE LIBRARY STAFF REPORT The following revisions have been made to the Professional Services Agreement and Scope of Services on the recommendation of the City Attorney's Office: Section 4.3 of the Professional Services Agreement The two sentences are amended to read as follows, "The term Architectural or Enginering Services does not 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 contractor (hereinafter referred to as Contractor), construction means, methods, techniques, sequences or prodecures, or for any healt or safety precautions and programs in connection with the work." Exhibit A, the Scope of Services Page 1 - PP1 Added a statement re: Project Team for Mariners Library (an attachment with a list of sub - contractors is included at the end of the Scope of Services. Page 3 — PP2 Revised to read: [ The Architect shall prepare the necessary technical architectural bidding information, bidding forms, The Conditions of Contract and Form of Agreement between the City and the Contractor...] Page 3 — PP6 Revised to read: The Architect shall coordinate approval of the Construction Documents by the City and State, including DSA (Department of State Architect), and shall make any revisions or additions as necessary. Prepared by: Lois D. Thompson Administrative Manager Submitte y: /Stephen G. Badum Public Works Director draft PROFESSIONAL SERVICES AGREEMENT FOR MARINERS JOINT USE LIBRARY THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Thirtieth Street Architects Inc., whose address is 2821 Newport Boulevard, Newport Beach, California, 92663, (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 the design of Mariners Joint Use Library (`Project'). C. City desires to engage Consultant to provide architectural and engineering services for the new public library and parking lot at Mariners Park, a joint use project between the City of Newport Beach and Newport -Mesa Unified School District upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for purpose of Project is James C. Wilson, President. de 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 14'h day of January, 2003, and shall terminate on the 15` day of July, 2005, 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 four hundred seventy -two thousand, eight hundred sixty-seven and 00/100 Dollars ($472,867.00). 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 -2- 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 percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially -3- 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. Numberwill 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 Architectural or Engineering Services does not imply that M 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 contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with 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. -5- 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 James C. Willson 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 Ed 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. se 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 in 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 In 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 million dollars Dollars ($1,000,000). 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 any of the services to be performed under this Agreement, directly or indirectly, by -10- 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 or joint-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 and has received from Consultant written consent for such changes. -11- 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. D. City will prepare and provide to Consultant street base digital file in -12- 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 -13- 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 -14- 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 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: James C. Wilson, President Thirtieth Street Architects, Inc. 2821 Newport Boulevard Newport Beach, CA 92663 (949) 673 -2643 Fax: (949) 673 -8547 -15- 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 5". 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, City agrees to -17- 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: By: City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor ATTEST: Thirtieth Street Architects, Inc. By: By: City Clerk F: IUSERS1PBW\SharedlAgreements\FY 02- 03130th Street - Mariners Library2.doc 50 U1l1 IC 11 street architects inc. January 6, 2003 Lois Thompson, Administrative Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Lois: john c. Loomis, architect james c. wilson, architect EXHIBIT A principal elwood 1. gulley, architect The following is a proposal to provide architectural and engineering services for a ±15,000 s.f. new public library and parking lot at Mariners Park in Newport Beach, California, based on the project as described in the City's "Mariners Joint Use Library" submittal to the State dated June 2002. The Project Team assisting the Architect is as listed on "Attachment A Project Team for Mariners Library ". The project will additionally include plans for relocation of tennis courts, baseball diamond, batting cages and storage units. The project is anticipated to be constructed in two phases of work: 1. Site Development for relocating tennis courts, baseball diamond, batting cages, storage units and creation of library parking lot. 2. Construction of the Library and final parking lot improvements. The scope of work outlined below includes both phases of construction identified above. The tasks below will result in products which meet the requirements of the State Librarian's letter of December 19, 2002 and The Final Title 24 Library Bond Act Regulations, dated January 3, 2002. A separate Task is identified for all meetings outside of normal coordination meetings with the Project Manager, e.g., Community Groups, Steering Committees, etc. It is anticipated that the City will hire a Construction Manager and Thirtieth Street Architects, Inc. agrees to assign this contract to the Construction Manager if requested by the City. Task 1 Schematic Design. The Architect shall attend a kick -off meeting with the Project Manager to verify program requirements, discuss proposed changes by the City and State, establish an architecture MarinhiBtldai/ kAbmAyalb*badleWage 1 planning 2821 newporl blvd. newporl beach california 92663 phone (949) 673 -2643 fax (949) 673 -8547 e-mail tsainc ®aol.com expeditious work schedule, including the identification of all major meetings, submittal and approval dates, discuss budget requirements and other pertinent project matters. Based on this input the Architect shall prepare a Schedule for the project. The Architect, Interior Designer, and other staff /consultants as required, shall attend Project Meetings to discuss various components of the project and to develop the Schematic Design. The Architect shall prepare schematic site and building plans reflecting the changes to the submitted plans as identified by City and State comments. Based on the review of the plans above, the Architect shall further develop the Schematic Design including refined site plan, floor plans (showing furniture and equipment layouts), cross sections and all exterior elevations. The Architect shall submit to the City a Schematic Estimate of Probable Construction Cost based on current area, volume or other unit costs. The Architect shall prepare a final Schematic Design package in color including a site plan, floor plans, furniture and equipment plans, all elevations, a perspective sketch. Upon approval of Project Manager, Architect shall prepare final Schematic plans, specifications and cost estimate to meet the requirements of "Title 24 Application Schematic Detail Checklist' as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Schematic Design approvals from reviewing bodies of the City and State. Task 2 Design Development Based on the approved Schematic Design documents and any adjustments authorized by the City in the program, schedule or construction budget, the Architect shall prepare for approval by the City, Design Development documents consisting of drawings and other documents to fix, define and further describe the size and character of the project. The Architect shall prepare final Design Development plans, Specifications and Cost Estimate to meet the requirements of "Title 24 Application Design Development Detail Checklist' as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Design Development Design approvals from reviewing bodies of the City and State. Mariners Park Library Proposal — Page 2 Task 3 Construction Documents Based on the approved Design Development documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the City, the Architect shall prepare for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. The Architect shall prepare the necessary technical architectural bidding information, bidding forms, the Conditions of the Contract and the Form of Agreement between the City and the Contractor, except that the Architect's assistance shall not extend to legal, insurance or accounting services. The Architect shall advise the City of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements of general market conditions. The Architect shall prepare final Construction Document plans, Specifications and Cost Estimate to meet the requirements of "Title 24 Application Construction Document Detail Checklist" and "Title 24 Application Final Review of Construction Document Detail Checklist" as issued by the Office of Library Construction for the State. The Architect shall assist the City in filing documents required for the approval of government authorities having jurisdiction over the project. The Architect shall coordinate approval of the Construction Documents by the City and State, including DSA (Department of State Architect), and shall make any revisions or additions as necessary. Task 4 Bidding The Architect, following the City's approval of the Construction Documents and of the latest preliminary estimate of construction cost, shall assist the City's Project Manager in obtaining bids. The Architect shall respond to all Contractor questions concerning the architectural and technical matters during the bidding and shall act as a "clearing house" for all questions for the consultants. The Architect shall issue Addenda clarifying Contractor's questions during the bidding period. The Architect and all relevant consultants shall attend a pre -bid meeting for the Project at the project site. Mariners Park Library Proposal — Page 3 The Architect shall keep a log of all Contractor questions and responses and issue a final summary Addendum listing all questions and responses to be distributed to all interested General Contractors at least seven (7) days prior to the bid date. Task 5 Construction Observation Site Visits The Architect's Project Manager shall visit the site on a bi- monthly basis during construction or as otherwise agreed by the City in writing to become generally familiar with the progress and quality of the Work, and to determine in general, if the Work is proceeding in accordance with the Contract Documents. Additional site visits may be required from time to time, however, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of such on -site observations as an Architect, the Architect shall keep the City informed of the progress and quality of the Work. The Consultants shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Architect and the City to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Consultants shall not be required to make continuous or exhaustive on -site inspections to check the quality or quantity of the Work. Responsibilities and Interpretation The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, schedules, sequences or procedures, fabrication, procurement, shipment, delivery, receipt or installation or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for construction. The Architect shall not be responsible for the Contractor's, subcontractors' and suppliers' or any other person's schedules, or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons or entities performing or supplying portions of the Work. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect and the Architect's administration of the contract for construction, or by tests, inspections or approvals required or performed by persons other than the Contractor. Mariners Park Library Proposal — Page 4 The Architect's duties shall not extend to the receipt, inspection and acceptance on behalf of the City of furniture, furnishings and equipment at the time of their delivery to the premises and installation. The Architect will not be responsible for the safety of the workers, safety procedures, nor maintaining a safe place to work, that being the sole responsibility of the Contractor and the City. The Architect shall have authority to reject Work, which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, subcontractors, material and equipment suppliers, their agents or employees or other persons performing or supplying portions of the Work. Review of Shop Drawings and Submittals The Architect shall review and take appropriate action upon those Shop Drawings, product data and samples required of the Contractor by the Contract Documents, but only for the limited purpose of checking for general conformance with the visual aesthetic design concept as expressed in the Contract Documents. The Architect shall not be responsible for any deviation between (1) the Shop Drawings and (2) the Contract Documents and field conditions. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Project by separate Contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review in accordance with the Submittal Schedule. Review of such Submittals is not conducted for the purposes of determining or substantiating the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions, construction means, methods, techniques, schedules, sequences or procedures. The Architect's action on a specific item shall not indicate approval of an assembly of which the item is a component. When certificates or statements of performance, characteristics of materials, systems or equipment or professional seals, calculations, or other certificates or statements are required by the Contract Documents or authorities having jurisdiction over the project, the City shall require the Contractor to cause such to be provided and the Architect and City shall be entitled to rely upon such to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Mariners Park Library Proposal — Page 5 The City agrees that the Construction Contract will require that the times allowed for the Architect's review of Submittals shall be in accordance with a Submittal Schedule to be promptly prepared by the Contractor after execution of the Contract for construction and submitted to the Architect for review and approval. Review times in the Submittal Schedule may be modified, if required by the Architect before its approval of the Submittal Schedule to allow reasonable and sufficient times, in the Architect's judgment, for adequate review, delivery times and multiple reviews by others when necessary. The City agrees that the Construction Contract will require that the Contractor shall review and approve Submittals before submitting them to the Architect and the Contractor shall indicate that it has done so by signing the Submittal. Changes, if any, shall be shown and flagged on the Submittals, but the Submittals shall not be used as a substitute for request or approvals of substitutions or other changes, or other procedures required by the Contract Documents. The City agrees that if the Contractor intends to make a claim based upon the Submittals or notations by the Architect on return Submittals, the Contractor shall so notify the Architect immediately. The Architect shall be compensated by the City on an additional service basis for more than two reviews of a submittal and for accelerated review in shorter time than set forth in the approved Submittal Schedule, if requested by the Contractor or others or caused by late delivery of Submittals to the Architect. The return for collection for additional information, or for handling and return without review of an incomplete or disorganized submittal shall be considered a review. The Contract for Construction shall include a provision for reimbursement of such by the Contractor to the City. The Architect's decisions on matters relating to aesthetic or visual design affect shall be final, if consistent with the intent as expressed in and reasonably inferable from the Contract Documents and the Architect shall not be liable for interpretations so rendered. Project Close -Out When the Work is substantially complete, the Architect and the entire Consultant Team shall walk the job with the City and the General Contractor and shall prepare a Final Punch List describing all incomplete or unsatisfactory areas of the Work. After the General Contractor has completed all items on the Punch List, the Architect and the entire Consultant Team shall make a final walk- through to verify that all items have been completed. The Architect shall assist the City with final project close -out as required. The extent of the duties, responsibilities and limitation of authority of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City, the Contractor and the Architect. Mariners Park Library Proposal — Page 6 As -Built Drawings: The City shall provide Contractor with a set of prints of the original Contract Document drawings at the commencement of construction. The Contractor, at the Contractor's sole expense, shall maintain and keep up to date during the course of the Work, as -built sketches and notes which accurately document any and all changes or deviation from the Contract Document drawings. The Contractor is solely responsible for the accuracy and completeness of these marked -up drawings. These drawings shall be available for review by the City and Architect at any time during the course of construction. At the completion of the construction of the project, the Contractor shall deliver said marked -up drawings to the Architect. The Architect and the entire sub- consultant team shall then reproduce these marked -up drawings on a set of reproducible prints of the original Contract Document drawings and deliver them to the City as the record set "as- built" drawings for the job. Task 6 Additional Meetings The Architect shall attend meetings as requested by the City not included as part of the normal coordination for the Tasks above. The meetings in this Task include but are not limited to meetings with community groups, school district and steering committees. Exclusions: The proposal does not include detailed design for data distribution, security, audio - visual or telephone systems. The professional fee for Phase I Site Development shall be as shown below. Task 1 Task 2 Task 3 1 Task 4 1 Task 5 1 Task 6 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Hourly not to exceed 16,000 20,500 $36,50U 3,500 11,900 3,500 Total fee for Phase I shall not exceed $91,900, plus reimbursable expenses. The professional fee for Phase II Library Design shall be as shown below. Task 1 Task 2 Task 3 Task 4 Task 5 TaFk6 Lump Sum Lum p Sum Lump Sum Lump Sum Lump Sum Hourlo exc 38,620 80,100 168,020 8,700 38,500 $12,000 Total fee for Phase II shall not exceed $345,940, plus reimbursable expenses. Mariners Park Library Proposal — Page 7 In addition to the fees above, reimbursable items shall be invoiced as 1.1 x direct costs. Reimbursable items shall not exceed $35,027.00, without an amendment to this agreement. The total maximum amount of this agreement for all Tasks and Reimbursables shall not exceed $472,867.00. Please feel free to contact me if you have any questions regarding this proposed scope of work or professional fees. Very truly yours, James C. Wilson President License #C8994 Mariners Park Library Proposal — Page 8 Project Team for Mariners Library: Structural Engineer: Civil Engineer: Mechanical , Electrical Engineer: Landscape Architect: Cost Estimating: Soils and Geology: Acoustical Engineer: Attachment A January 6, 2003 Landmark Structures 3939 Long Beach Blvd. Long Beach, CA 90807 562/997 -1937 Metro Pointe Engineers 3151 Airway Ave Ste. J -I Costa Mesa, CA 92626 714/438 -1095 Pacifica Engineers, Inc. 23172 Plaza Pointe Dr. Ste 260 Laguna Hills, CA 92653 949/855 -7880 Ridge Landscape Architects 27184 Ortega Hwy Ste. 206 San Juan Capistrano, CA 92675 949/248 -9211 Iskander Associates, Inc. 2922 E. Chapman Ave. #102 Orange, CA 92869 714/288 -1456 Geotechnical Solutions 17935 Skypark Circle, Ste F Irvine CA 92614 949/261 -8328 Wieland Associates, Inc. 23276 South Pointe Drive, Ste 114 Laguna Hills, CA 92653 949/829 -6722 m m_ x W p, L r.+ ax � L V � ICI � L � V C � �L y Cp a' � er{ rOe G, b b 4G O IX E a ou Y c ° E > ✓, u F e � M 69 r 69 O, 69 P F Ni M � 69 M R 1 r M f1 h h 0 0 0 0 0 H> V1 V1 fA fA �r" C V V G v v G F O F F F F F F v� C ri a F F F F F F Vf fA 19 f9 Vf fA fA N o c o 0 L L VI C V. VI V, _ X O � v vi c 69 69 69 fA ✓f 1 (5 69 69 69 fN M R L cl p p i h o r r e f i o5 8 o o c o c Cp a' � rOe u E a ou Y c ° E > ✓, u aL� e Y e` u u vL°i �r" v v F O F F F F F F v� C ri a F F F F F F Cp a' CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 January 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lois Thompson, Administrative Manager 949 -644 -3311 lthompson@city.newport-beach.Ga.us SUBJECT: MARINERS JOINT USE LIBRARY, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS RECOMMENDATIONS: 1. Approve a Professional Services Agreement with Thirtieth Street Architects, Inc., of Newport Beach, California at a contract price of $472,867 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment appropriating $472,867 to Contributions Account No. 7251- C5100661. 3. Authorize the formation of the Mariners Joint Use Library Steering Committee. DISCUSSION: On November 27, 2001, a proposal was presented to City Council regarding joint use of a new library located at Mariner's Elementary School. The proposal detailed a new Mariners Branch Library, which would be designed to serve both as the Mariner's Branch Library and the school library for the Mariner's Elementary School of the Newport-Mesa Unified School District (NMUSD), providing enhanced services for both the community and the school. The Council directed Staff to issue a Request for Proposal. Three architectural firms were invited to submit proposals to provide a Mariner's Library joint use conceptual plan design. The design was needed to submit as a component of the Grant Application package, due in June 2002. The following firms responded to the City's Request For Proposal: • Ron Yeo, FAIA Architect, Inc. • Dougherty + Dougherty Architects, LLP • Thirtieth Street Architects, Inc. The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability. Based on these criteria Staff ranked Thirtieth Street Architects, Inc., the highest. On December 11, 2001, Council authorized a Professional Services Agreement in the amount of $104,000 with Thirtieth Street Architects, Inc., to provide a Mariners Library joint -use conceptual plan design. SUBJECT: Mariners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 2 On June 11, 2002, Council approved a Cooperative Agreement for the Joint Mariners Library Project with the Newport-Mesa Unified School District, approved an Exchange of Real Property Agreement and Joint Escrow Instructions with the Newport-Mesa Unified School District for the Mariners Library, and certified the project budget, local funding commitment, supplemental funds, and public library operation of the Joint Mariners Library Project between the City of Newport Beach and the Newport-Mesa Unified School District. The grant application package was submitted to the State Library Board on June 14, 2002, and the City was officially notified on December 2, 2002, a grant in the amount of $3,180,739 had been awarded to the City of Newport Beach. Staff requested a proposal from Thirtieth Street Architects, Inc., for the next phase of the project including architectural and engineering services based on the grant application and site development plans for the relocation of tennis courts, baseball diamond, batting cages, and storage units. The proposal follows the guidelines set forth in the grant application and is within the project budget approved by the State Library Board. Staff negotiated with Thirtieth Street Architects to provide the necessary scope of services for a maximum fee of $472,867. The scope of Thirtieth Street Architects, Inc., professional services will include design, the production of construction documents, and bidding / construction assistance for: 1. Site Development for relocating tennis courts, baseball diamond, batting cages, storage units and creation of library parking lot. 2. Construction of the Library and final parking lot improvements. The scope of work outlined below includes both phases of construction identified above. The t4sks below will result in products which meet the requirements of the State Library Board and ;The Final Title 24 Library Bond Act Regulations, dated January 3, 2002. A separate Task is 'identified for all meetings outside of normal coordination meetings with the Project Manager, e.g., Community Groups, Steering Committees, etc. It is anticipated that the City will hire a contract project manager and Thirtieth Street Architects, Inc. agrees to assign this contract to the contract project manager if requested by the City. City staff is currently preparing a RFQ for project management services. The retention of project management services will allow the city to take advantage of specialized expertise related to public building and library construction as well as provide dedicated staff to this time sensitive and complex joint use project. Task 1 Schematic Design The Architect shall attend a kick -off meeting with the Project Manager to verify program requirements, discuss proposed changes by the City and State, establish an expeditious work schedule, including the identification of all major meetings, submittal and approval dates, discuss budget requirements and other pertinent project matters. Based on this input the Architect shall prepare a Schedule for the project. The Architect, Interior Designer, and other staff/consultants as required, shall attend Project Meetings to discuss various components of the project and to develop the Schematic Design. SUBJECT: Mariners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 3 The Architect shall prepare schematic site and building plans reflecting the changes to the submitted plans as identified by City and State comments. Based on the review of the plans above, the Architect shall further develop the Schematic Design including refined site plan, floor plans (showing furniture and equipment layouts), cross sections and all exterior elevations. The Architect shall submit to the City a Schematic Estimate of Probable Construction Cost based on current area, volume or other unit costs. The Architect shall prepare a final Schematic Design package in color including a site plan, floor plans, furniture and equipment plans, all elevations, and a perspective sketch. Upon approval of Project Manager, Architect shall prepare final Schematic plans, specifications and cost estimate to meet the requirements of "Title 24 Application Schematic Detail Checklist" as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Schematic Design approvals from reviewing bodies of the City and State. Task 2 Design Developments Based on the approved Schematic Design documents and any adjustments authorized by the City in the program, schedule or construction budget, the Architect shall prepare for approval by the City, Design Development documents consisting of drawings and other documents to fix, define and further describe the size and character of the project. The Architect shall prepare final Design Development plans, Specifications and Cost Estimate to meet the requirements of `Title 24 Application Design Development Detail Checklist" as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Design Development Design approvals from reviewing bodies of the City and State. Task 3 Construction Documents Based on the approved Design Development documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the City, the Architect shall prepare for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. The Architect shall assist the City in the preparation of the necessary technical architectural bidding information, bidding forms, the Conditions of the Contract and the Form of Agreement between the City and the Contractor, except that the Architect's assistance shall not extend to legal, insurance or accounting services. The Architect shall advise the City of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements of general market conditions. SUBJECT: Mariners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 4 The Architect shall prepare final Construction Document plans, Specifications and Cost Estimate to meet the requirements of "Title 24 Application Construction Document Detail Checklist" and "Title 24 Application Final Review of Construction Document Detail Checklist" as issued by the Office of Library Construction for the State. The Architect shall assist the City in filing documents required for the approval of government authorities having jurisdiction over the project. The Architect shall coordinate approval of the Construction Documents by the City and State, and shall make any revisions or additions as necessary. Task 4 Bidding The Architect, following the City's approval of the Construction Documents and of the latest preliminary estimate of construction cost, shall assist the City's Project Manger in obtaining bids. The Architect shall respond to all Contractor questions concerning the architectural and technical matters during the bidding and shall act as a "clearing house" for all questions for the consultants. The Architect shall issue Addenda clarifying Contractor's questions during the bidding period. The Architect and all relevant consultants shall attend a pre -bid meeting for the Project at the project site. The Architect shall keep a log of all Contractor questions and responses and issue a final summary Addendum listing all questions and responses to be distributed to all interested General Contractors at least seven (7) days prior to the bid date. Task 5 Construction Observations Site Visits The Architect's Project Manager shall visit the site on a bi- monthly basis during construction or as otherwise agreed by the City in writing to become generally familiar with the progress and quality of the Work, and to determine in general, if the Work is proceeding in accordance with the Contract Documents. Additional site visits may be required from time to time, however, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of such on -site observations as an Architect, the Architect shall keep the City informed of the progress and quality of the Work. The Consultants shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by.the Architect and the City to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Consultants shall not be required to make continuous or exhaustive on -site inspections to check the quality or quantity of the Work. SUBJECT: Mariners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 5 Responsibilities and Interpretation The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, schedules, sequences or procedures, fabrication, procurement, shipment, delivery, receipt or installation or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for construction. The Architect shall not be responsible for the Contractor's, subcontractors' and suppliers' or any other person's schedules, or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons or entities performing or supplying portions of the Work. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect and the Architect's administration of the contract for construction, or by tests, inspections or approvals required or performed by persons other than the Contractor. The Architect's duties shall not extend to the receipt, inspection and acceptance on behalf of the City of furniture, furnishings and equipment at the time of their delivery to the premises and installation. The Architect will not be responsible for the safety of the workers, safety procedures, nor maintaining a safe place to work, that being the sole responsibility of the Contractor and the City. The Architect shall have authority to reject Work, which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, subcontractors, material and equipment suppliers, their agents or employees or other persons performing or supplying portions of the Work. Review of Shop Drawings and Submittals The Architect shall review and take appropriate action upon those Shop Drawings, product data and samples required of the Contractor by the Contract Documents, but only for the limited purpose of checking for general conformance with the visual aesthetic design concept as expressed in the Contract Documents. The Architect shall not be responsible for any deviation between (1) the Shop Drawings and (2) the Contract Documents and field conditions. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Project by separate Contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review in accordance with the Submittal Schedule. Review of such Submittals is not conducted for the purposes of determining or substantiating the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not SUBJECT: Mariners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 6 constitute approval of safety precautions, construction means, methods, techniques, schedules, sequences or procedures. The Architect's action on a specific item shall not indicate approval of an assembly of which the item is a component. When certificates or statements of performance, characteristics of materials, systems or equipment or professional seals, calculations, or other certificates or statements are required by the Contract Documents or authorities having jurisdiction over the project, the City shall require the Contractor to cause such to be provided and the Architect and City shall be entitled to rely upon such to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. The City agrees that the Construction Contract will require that the times allowed for the Architect's review of Submittals shall be in accordance with a Submittal Schedule to be promptly prepared by the Contractor after execution of the Contract for construction and submitted to the Architect for review and approval. Review times in the Submittal Schedule may be modified, if required by the Architect before its approval of the Submittal Schedule to allow reasonable and sufficient times, in the Architect's judgment, for adequate review, delivery times and multiple reviews by others when necessary. The City agrees that the Construction Contract will require that the Contractor shall review and approve Submittals before submitting them to the Architect and the Contractor shall indicate that it has done so by signing the Submittal. Changes, if any, shall be shown and flagged on the Submittals, but the Submittals shall not be used as a substitute for request or approvals of substitutions or other changes, or other procedures required by the Contract Documents. The City agrees that if the Contractor intends to make a claim based upon the Submittals or notations by the Architect on return Submittals, the Contractor shall so notify the Architect immediately. The Architect shall be compensated by the City on an additional service basis for more than two reviews of a submittal and for accelerated review in shorter time than set forth in the approved Submittal Schedule, if requested by the Contractor or others or caused by late delivery of Submittals to the Architect. The return for collection for additional information, or for handling and return without review of an incomplete or disorganized submittal shall be considered a review. The Contract for Construction shall include a provision for reimbursement of such by the Contractor to the City. The Architect's decisions on matters relating to aesthetic or visual design affect shall be final, if consistent with the intent as expressed in and reasonably inferable from the Contract Documents and the Architect shall not be liable for interpretations so rendered. Project Closeout When the Work is substantially complete, the Architect and the entire Consultant Team shall walk the job with the City and the General Contractor and shall prepare a Final Punch List describing all incomplete or unsatisfactory areas of the Work. After the General Contractor has completed all items on the Punch List, the Architect and the entire Consultant Team shall make a final walk- through to verify that all items have been completed. The Architect shall assist the City with final project closeout as required. SUBJECT: Manners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 7 The extent of the duties, responsibilities and limitation of authority of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City, the Contractor and the Architect. As -Built Drawings: The City shall provide Contractor with a set of prints of the original Contract Document drawings at the commencement of construction. The Contractor, at the Contractor's sole expense, shall maintain and keep up to date during the course of the Work, as -built sketches and notes which accurately document any and all changes or deviation from the Contract Document drawings. The Contractor is solely responsible for the accuracy and completeness of these marked -up drawings. These drawings shall be available for review by the City and Architect at any time during the course of construction. At the completion of the construction of the project, the Contractor shall deliver said marked -up drawings to the Architect. The Architect and the entire sub- consultant team shall then reproduce these marked -up drawings on a set of reproducible prints of the original Contract Document drawings and deliver them to the City as the record set "as- built" drawings for the job. Task 6 Additional Meetings The Architect shall attend meetings as requested by the City not included as part of the normal coordination for the Tasks above. The meetings in this Task include but are not limited to meetings with community groups, school district and steering committees. Exclusions: The proposal does not include detailed design for data distribution, security, audio- visual or telephone systems. The professional fee for Phase I Site Development shall be as shown below. Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Hourly not to exceed $16,000 $20,500 $36,500 $3,500 $11,900 $3,500 Total fee for Phase I shall not exceed $91,900, plus reimbursable expenses. The professional fee for Phase II Library Design shall be as shown below. Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Hourly not to exceed $38,620 $80,100 $168,020 $8,700 $38,500 $12,000 Total fee for Phase II shall not exceed $345,940, plus reimbursable expenses. In addition to the fees above, reimbursable items shall be invoiced as 1.1 x direct costs. Reimbursable items shall not exceed $35,027, without an amendment to this agreement. SUBJECT: Mariners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 8 The total maximum amount of this agreement for all Tasks and Reimbursables shall not exceed $472,867. Schedule: The estimated timeline for this project through construction is as follows: June 15, 2002 Submittal of Grant Application December 2002 Notification of Award January 2003 Council Award of Building Design Contract July 2003 Submit Schematic and Construction Drawings To State Library for Review November 2003 Finalize working drawings and submit for plan check to City and State Architect Mid January 2004 Advertise Project for Bid February 2004 Award of Construction Contract March 2005 Completion of Building and Sport Facilities Renovation Funding Availability: Upon Council approval of the recommended Budget Amendment, funds for this project in the amount of $472,867 will be available in Contributions Account No. 7251- C5100661 and include the fund raising dollars so generously donated by our residents and businesses. It is anticipated that $230,000 will be expended in FY 2002(03 for this Professional Services Contract and the remaining $242,867 will be expended in FY 2003(04. Environmental Review: Under the California Environmental Quality Act Implementing Guidelines (CEQA), Planning Department Staff has determined a Notice of Exemption is appropriate for this project. Staff has determined that it qualifies for a categoricaWe ex mption pursuant to Section 15332 (Class 32, In -Fill Development Projects) of the CEQA Guidelines and recommended Council approval of the Notice of Exemption. Council approved a Notice of Exemption for this project on June 11. 2002. Outreach Program: In light of the aggressive schedule proposed in the City's successful grant application, an effective outreach program is needed to ensure coordination and representation from the various stakeholders within our community. Therefore, Staff is recommending the formation of the Mariners Joint Use Library Steering Committee to provide an open forum for the distribution of information and discussion regarding the final design process for the Library Building and the relocated park facilities. This committee would be comprised of City/NMUSD officials and City / NMUSD Management Staff. Proposed members may include a Newport Beach City Council member, NMUSD Board member, Newport Beach Library Board Trustee, the School Superintendent, City Manager, and a representative from the citizen fundraising group. The Steering Committee would be supported and staffed by key management from NMUSD, the City's Public Works, Recreation, and the Library Departments, and the project design team. Regular meetings could be established for the duration of the project to provide project schedule and design updates. 0 SUBJECT: Mariners Joint Use Library, Approval of Professional Services Agreement with Thirtieth Street Architects January 14, 2003 Page 9 It is also recommended that the Steering Committee establish two working groups to coordinate and inform the various stakeholders involved with this project. The Site Development working group would work with the design team to review the relocation of the existing recreation facilities, traffic circulation, parking issues, and integration with the surrounding neighborhood. The Library Design Review working group would work with the design team to review joint use, operational, and building design issues. The various stakeholders of these working groups may include park users (AYSO, Newport Harbor Baseball League), homeowners groups, Mariners Elementary Groups (staff, parents, teachers) and various City and NMUSD staff responsible for operations and maintenance of the library and adjacent park facilities. The information and discussion within the working groups would be presented to the Steering Committee at the regular meetings. Prepared by: Submitted by;-" Lois Thompson Step n G. Badum Administrative Manager ,/Pu}alic Works Director Attachment: Professional Services Agreement draft PROFESSIONAL SERVICES AGREEMENT FOR MARINERS JOINT USE LIBRARY THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Thirtieth Street Architects Inc., whose address is 2821 Newport Boulevard, Newport Beach, California, 92663, (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 the design of Mariners Joint Use Library ( "Project'). C. City desires to engage Consultant to provide architectural and engineering services for the new public library and parking lot at Mariners Park, a joint use project between the City of Newport Beach and Newport-Mesa Unified School District upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for purpose of Project is James C. Wilson, President. -1- 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 14'h day of January, 2003, and shall terminate on the 1' day of July, 2005, 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 four hundred seventy -two thousand, eight hundred sixty-seven and 001100 Dollars ($472,867.00). 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 -2- 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 percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially -3- 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 Consultants 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 K 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 Contractors 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 Consultants 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. -5- 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 James C. Willson to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel ideritified 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 fumish 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 .[a 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. -7- 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 12 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 0 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 million dollars Dollars ($1,000,000). 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 any of the services to be performed under this Agreement, directly or indirectly, by -10- 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 and has received from Consultant written consent for such changes. -11- _n 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. D. City will prepare and provide to Consultant street base digital file in -12- 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 -13- ^2. 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 bome 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 -14- 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 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: James C. Wilson, President Thirtieth Street Architects, Inc. 2821 Newport Boulevard Newport Beach, CA 92663 (949) 673 -2643 Fax: (949) 673 -8547 -15- .71a 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 -16- I 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, City agrees to -17- G 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: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation IN Mayor Thirtieth Street Architects, Inc. M F: \USERS \PB\MShared\Agreements \FY 02 -03 \30th Street - Mariner's Library2.doc ff" I thirtieth street architects inc. January 6, 2003 Lois Thompson, Administrative Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Lois: EXHIBIT A foundm phi john c. loomis, architect james c. wilson, architect tnnctpal elwood I. galley, architect The following is a proposal to provide architectural and engineering services for a ±15,000 s.f. new public library and parking lot at Mariners Park in Newport Beach, California, based on the project as described in the City's "Mariners Joint Use Library" submittal to the State dated June 2002. The project will additionally include plans for relocation of tennis courts, baseball diamond, batting cages and storage units. The project is anticipated to be constructed in two phases of work: 1. Site Development for relocating tennis courts, baseball diamond, batting cages, storage units and creation of library parking lot. 2. Construction of the Library and final parking lot improvements. The scope of work outlined below includes both phases of construction identified above. The tasks below will result in products which meet the requirements of the State Librarian's letter of December 19, 2002 and The Final Title 24 Library Bond Act Regulations, dated January 3, 2002. A separate Task is identified for all meetings outside of normal coordination meetings with the Project Manager, e.g., Community Groups, Steering Committees, etc. It is anticipated that the City will hire a Construction Manager and Thirtieth Street Architects, Inc. agrees to assign this contract to the Construction Manager if requested by the City. Task 1 Schematic Design. The Architect shall attend a kick -off meeting with the Project Manager to verify program requirements, discuss proposed changes by the City and State, establish an expeditious work schedule, including the identification of all major meetings, architecture Mari&iistBai*Dhmk 1Brbpmti1bnPage I planning 2821 newport blvd. newport beach " california 92663 phone(949)673 -2643 fax (949) 673-8547 - •. e-mail tsaincoaol.com submittal and approval dates, discuss budget requirements and other pertinent project matters. Based on this input the Architect shall prepare a Schedule for the project. The Architect, Interior Designer, and other staff/consultants as required, shall attend Project Meetings to discuss various components of the project and to develop the Schematic Design. The Architect shall prepare schematic site and building plans reflecting the changes to the submitted plans as identified by City and State comments. Based on the review of the plans above, the Architect shall further develop the Schematic Design including refined site plan, floor plans (showing furniture and equipment layouts), cross sections and all exterior elevations. The Architect shall submit to the City a Schematic Estimate of Probable Construction Cost based on current area, volume or other unit costs. The Architect shall prepare a final Schematic Design package in color including a site plan, floor plans, furniture and equipment plans, all elevations, a perspective sketch. Upon approval of Project Manager, Architect shall prepare final Schematic plans, specifications and cost estimate to meet the requirements of "Title 24 Application Schematic Detail Checklist' as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Schematic Design approvals from reviewing bodies of the City and State. Task 2 Design Development Based on the approved Schematic Design documents and any adjustments authorized by the City in the program, schedule or construction budget, the Architect shall prepare for approval by the City, Design Development documents consisting of drawings and other documents to fix, define and further describe the size and character of the project. The Architect shall prepare final Design Development plans, Specifications and Cost Estimate to meet the requirements of "Title 24 Application Design Development Detail Checklist' ' as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Design Development Design approvals from reviewing bodies of the City and State. Mariners Park Library Proposal — Page 2 aC� Task 3 Construction Documents Based on the approved Design Development documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the City, the Architect shall prepare for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. The Architect shall assist the City in the preparation of the necessary technical architectural bidding information, bidding forms, the Conditions of the Contract and the Form of Agreement between the City and the Contractor, except that the Architect's assistance shall not extend to legal, insurance or accounting services. The Architect shall advise the City of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements of general market conditions. The Architect shall prepare final Construction Document plans, Specifications and Cost Estimate to meet the requirements of "Title 24 Application Construction Document Detail Checklist' ' and "Title 24 Application Final Review of Construction Document Detail Checklist" as issued by the Office of Library Construction for the State. The Architect shall assist the City in filing documents required for the approval of government authorities having jurisdiction over the project. The Architect shall coordinate approval of the Construction Documents by the City and State, and shall make any revisions or additions as necessary. Task 4 Bidding The Architect, following the City's approval of the Construction Documents and of the latest preliminary estimate of construction cost, shall assist the City's Project Manger in obtaining bids. The Architect shall respond to all Contractor questions concerning the architectural and technical matters during the bidding and shall act as a "clearing house" for, all questions for the consultants. The Architect shall issue Addenda clarifying Contractor's questions during the bidding period. The Architect and all relevant consultants shall attend a pre-bid meeting for the Project at the project site. Mariners Park Library Proposal — Page 3 i' The Architect shall keep a log of all Contractor questions and responses and issue a final summary Addendum listing all questions and responses to be distributed to all interested General Contractors at least seven (7) days prior to the bid date. Task 5 Construction Observation Site Visits The Architect's Project Manager shall visit the site on a bi- monthly basis during construction or as otherwise agreed by the City in writing to become generally familiar with the progress and quality of the Work, and to determine in general, if the Work is proceeding in accordance with the Contract Documents. Additional site visits may be required from time to time, however, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of such on -site observations as an Architect, the Architect shall keep the City informed of the progress and quality of the Work. The Consultants shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Architect and the City to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Consultants shall not be required to make continuous or exhaustive on -site inspections to check the quality or quantity of the Work. Responsibilities and Interpretation The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, schedules, sequences or procedures, fabrication, procurement, shipment, delivery, receipt or installation or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for construction. The Architect shall not be responsible for the Contractor's, subcontractors' and suppliers' or any other person's schedules, or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons or entities performing or supplying portions of the Work. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect and the, Architect's administration of the contract for construction, or by tests, inspections or approvals required or performed by persons other than the Contractor. The Architect's duties shall not extend to the receipt, inspection and acceptance on behalf of the City of furniture, furnishings and equipment at the time of their delivery to the premises and installation. Mariners Park Library Proposal — Page 4 -71 The Architect will not be responsible for the safety of the workers, safety procedures, nor maintaining a safe place to work, that being the sole responsibility of the Contractor and the City. The Architect shall have authority to reject Work, which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, subcontractors, material and equipment suppliers, their agents or employees or other persons performing or supplying portions of the Work. Review of Shop Drawings and Submittals The Are shall review and take appropriate action upon those Shop Drawings, product data and samples required of the Contractor by the Contract Documents, but only for the limited purpose of checking for general conformance with the visual aesthetic design concept as expressed in the Contract Documents. The Architect shall not be responsible for any deviation between (1) the Shop Drawings and (2) the Contract Documents and field conditions. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Project by separate Contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review in accordance with the Submittal Schedule. Review of such Submittals is not conducted for the purposes of determining or substantiating the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions, construction means, methods, techniques, schedules, sequences or procedures. The Architect's action on a specific item shall not indicate approval of an assembly of which the item is a component. When certificates or statements of performance, characteristics of materials, systems or equipment or professional seals, calculations, or other certificates or statements are required by the Contract Documents or authorities .having jurisdiction over the project, the City shall require the Contractor to, cause such to be provided and the Architect and City shall be entitled to rely upon such to establish that the materials, systems or equipment. will meet the performance criteria required by the Contract Documents. The City agrees that the Construction Contract will require that the times allowed for the Architect's review of Submittals shall be in accordance with a Submittal Schedule to be promptly prepared by the Contractor after execution of the Contract Mariners Park Library Proposal — Page S by for construction and submitted to the Architect for review and approval. Review times in the Submittal Schedule may be modified, if required by the Architect before its approval of the Submittal Schedule to allow reasonable and sufficient times, in the Architect's judgment, for adequate review, delivery times and multiple reviews by others when necessary. The City agrees that the Construction Contract will require that the Contractor shall review and approve Submittals before submitting them to the Architect and the Contractor shall indicate that it has done so by signing the Submittal. Changes, if any, shall be shown and flagged on the Submittals, but the Submittals shall not be used as a substitute for request or approvals of substitutions or other changes, or other procedures required by the Contract Documents. The City agrees that if the Contractor intends to make a claim based upon the Submittals or notations by the Architect on return Submittals, the Contractor shall so notify the Architect immediately. The Architect shall be compensated by the City on an additional service basis for more than two reviews of a submittal and for accelerated review in shorter time than set forth in the approved Submittal Schedule, if requested by the Contractor or others or caused by late delivery of Submittals to the Architect. The return for collection for additional information, or for handling and return without review of an incomplete or disorganized submittal shall be considered a review. The Contract for Construction shall include a provision for reimbursement of such by the Contractor to the City. The Architect's decisions on matters relating to aesthetic or visual design affect shall be final, if consistent with the intent as expressed in and reasonably inferable from the Contract Documents and the Architect shall not be liable for interpretations so rendered. Project Close -Out When the Work is substantially complete, the Architect and the entire Consultant Team shall walk the job with the City and the General Contractor and shall prepare a Final Punch List describing all incomplete or unsatisfactory areas of the Work. After the General Contractor has completed all items on the Punch List, the Architect and the entire Consultant Team shall make a final walk - through to verify that all items have been completed. The Architect shall assist the City with final project close -out as required. The extent of the duties, responsibilities and limitation of authority of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City, the Contractor and the Architect. Mariners Park Library Proposal — Page 6 FE As -Built Drawings: The City shall provide Contractor with a set of prints of the original Contract Document drawings at the commencement of construction. The Contractor, at the Contractor's sole expense, shall maintain and keep up to date during the course of the Work, as -built sketches and notes which accurately document any and all changes or deviation from the Contract Document drawings. The Contractor is solely responsible for the accuracy and completeness of these marked -up drawings. These drawings shall be available for review by the City and Architect at any time during the course of construction. At the completion of the construction of the project, the Contractor shall deliver said marked -up drawings to the Architect. The Architect and the entire sub- consultant team shall then reproduce these marked -up drawings on a set of reproducible prints of the original Contract Document drawings and deliver them to the City as the record set "as- built" drawings for the job. Task 6 Additional Meetings The Architect shall attend meetings as requested by the City not included as part of the normal coordination for the Tasks above. The meetings in this Task include but are not limited to meetings with community groups, school district and., steering committees. Exclusions: The proposal does not include detailed design for data distribution, security, audio - visual or telephone systems. The professional fee for Phase I Site Development shall be as shown below. Task 1 Task 2 Task 3 Task 4 Task 5 Task Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Hourly not to exceed 16,000 20,500 3 ,500 ,500 11,900 3,500 Total fee for Phase I shall not exceed $91,900, plus reimbursable expenses. The professional fee for Phase II Library Design shall be as shown below. Task. 1 Task 2 Task 3 Task 4 Task 5 Task ump Sum Lump Sum Lump Sum Lump Sum Lump Sum Hourly not to exceed 38,620 s8UJUU I $168,U7U I $8,7UU 38,500 12,000 Total fee for Phase II shall not exceed $345,940, plus reimbursable expenses. Mariners Park Library Proposal — Page 7 In addition to the fees above, reimbursable items shall be invoiced as 1.1 x direct costs. Reimbursable items shall not exceed $35,027.00, without an amendment to this agreement. The total maximum amount of this agreement for all Tasks and Reimbursables shall not exceed $472,867.00. Please feel free to contact me if you have any questions regarding this proposed scope of work or professional fees. yours, Jades C. Wilson Mariners Park Library Proposal — Page 8 �k a2 �} § \� } ! m � @ _ w � IT I ) 3 ) _ ! ! ! ! k $ ! ! 2 k ;f } ! m � @ _ w City of Newport Beach NO. BA- 037 BUDGETAMENDMENT 2002 -03 AMOUNT: $a7z,as7.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations related to the Mariners Joint Use Library. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 400 4838 State Grant for Mariners Library $472,867.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contributions Fund Account Number C5100661 Mariners Library Design $472,867.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic SYStmn EnGV. Signed: ^r /- Q2� 4f— ? YjJ2 Pi{i f? FinanTApproval: Administrative Services Director Date Signed: Administrative Approval: City Manager Date Signed: City Council Approval: City Clerk Date