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Home My WebLink About18 - Community Youth CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. l8 June 10, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Mark Reader, Project Manager 949 - 644 -3311 or mreader @city.newport - beach.ca.us SUBJECT: Community Youth Center - Approval of Professional Services Agreement with Dougherty & Dougherty Architects, LLP Recommendation: Approve a Professional Services Agreement with Dougherty & Dougherty Architects, LLP, of Costa Mesa, California for design and construction documents at a contract price of $83,300, and for bid support and construction administration at an hourly fee not to exceed $24,100, for a total not to exceed contract price of $107,400, and authorize the Mayor and City Clerk to execute the Agreement. Discussion: The Community Youth Center (CYC), located near Fifth Avenue and Iris Avenue in Corona Del Mar, is the second most used facility in the City. The CYC is in need of repairs and modernization. Some of the complaints with this facility are that the classrooms do not function due to noise interruption, the restroom facilities are in need of refurbishment and ADA compliance, and the lobby does not adequately serve the staff or facility. To address these concerns, staff requested proposals for a Facility Needs Assessment Study from 10 firms and three responded with proposals. The consultant interview process led to the selection of Dougherty & Dougherty Architects LLP. The City executed a contract for $8,300 with Dougherty & Dougherty Architects, LLP (DDA) on December 18, 2007, to prepare a Needs Assessment on the CYC facility to determine and prioritize the areas for improvement. DDA has now completed the Needs Assessment and conceptual design. Staff has reviewed and commented on the assessment and requested DDA to submit a proposal for the Design and Construction oversight needed to complete the work. DDA has provided a scope of work and fee proposal to renovate the CYC facility. This scope includes modifications to the lobby, refurbishment of the restrooms, reconfiguration of the administration area, stucco on the exterior masonry walls with Community Youth Center — Approval of Professional Services Agreement with Dougherty & Dougherty, LLP June 10, 2008 Page 2 parapet caps, refurbishment of the HVAC system, new lighting, refinishing of interior spaces, and coordination of fixtures, furniture and equipment. DDA also made some additional exterior improvement recommendations that the City will assume responsibility for completing including the addition of parking lot restriping, parking lot turn - around, perimeter sub - drains, and on -grade patio development. The City will also utilize General Services Department forces to provide some landscaping improvements and will contract directly with a mechanical consultant to analyze the existing mechanical HVAC system. Proposed contract costs are summarized as follows: Vendor Purpose Amount Dougherty & Dougherty Architects, LLP Architectural Services $107,400 Total: $107,400 Environmental Review: The refurbishment of the CYC facility is categorically exempt per section 15301 as it is considered minor alterations and maintenance to an existing public building. Funding Availability: Upon approval of the FY 08109 budget, adequate funds will be available in the project account for the design and construction including the work described in this report. Account Description CYC Rehabilitation Prepared by: i Mark Reader Project Manager Account Number 7011- C4120806 Total Attachment: PSA with Dougherty & Dougherty, LLP Amount $107,400 $107,400 Submitted by: p . Badum ublieWorks Director PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP FOR COMMUNITY YOUTH CENTER RENOVATION THIS AGREEMENT is made and entered into as of this day of 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP a Limited Liability Partnership, whose address is 3194 D Airport Loop, Costa Mesa, California, ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to renovate the Community Youth Center which includes enlargement of the lobby, refurbishment of the restrooms, reconfiguration of the administration area, stucco on the exterior masonry walls with parapet caps, refurbishment of the HVAC system, new lighting, refinishing of interior spaces, and coordination of fixtures, furniture and equipment C. City desires to engage Consultant to provide architectural, electrical, and structural consulting services ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Betsey Dougherty, FAIA F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30 day of June, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -fo- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed On Hundred Seven Thousand Four Hundred Dollars and no /100 ($107,400.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. 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. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Betsey Dougherty, FAIA to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. David Webb, P.E. shall be 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. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs . and 4 death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 5 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acce,otab /e Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal N] injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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 ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days 7 written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 t:] Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements Is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. 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. 9 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. iC 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David Webb Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Betsy Dougherty Dougherty and Dougherty, LLP 3194 D Airport Look Costa Mesa, CA 92626 -3405 Phone: 714- 427 -0277 Fax: 714 - 427 -0288 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure 11 the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 12 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: -A -'—c- , City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users \pbw\sharedlagreements \fy 0 8-09 \dougherty -cyc rehab.doc 13 EXHIBIT A r. a 0 HI1FC 0� AP,CI- IJECTURE PLANNING I May 12, 2008 INTERIORS © Mr. Matt 3194 Mr. Mark Reader, P.E. Airport Loop Recreation & Senior Services Department Costa mesa City of Newport Beach California 3300 Newport Blvd. 42626 -3405 Newport Beach, CA 92663 714.427.0277 0 714.427.0288 0 W W WADARCHITECTURECOM RE: Proposal for Architectural Services CYC Renovation D + D Project No. 20728 A.3 Dear Matt and Mark: It is a pleasure to provide you with this revised fee proposal for the Renovation of the City of Newport Beach CYC, per our previous Needs Assessment and Program. The fee has been calculated utilizing the percentages for publicly funded projects following state procurement guidelines. The budget amount utilized for calculation for this project is $1.09 million per your previous email. The scope includes enlargement of the lobby, refurbishment of the restrooms, reconfiguration of the administration area, stucco on the exterior masonry walls with parapet caps, refurbishment of the HVAC system, new lighting, refinishing of interior spaces, and coordination of fixtures, furniture and equipment. The City will assume the addition of parking spaces or turn - around in the parking lot, drain tiles at the perimeter and on -grade patio development. This proposal includes consulting mechanical, electrical and structural engineering as required. Also included is a 3 -D Virtual Model for a rendering and for use during a workshop session. Civil and landscape consulting services related to exterior work will be retained by the City. An itemized scope of work is as follows: Exterior Modifications by the City: Ext 1. Remove Tether Ball and Ball Wall, and extend the end of the parking lot to add one space and to provide a turn - around. Add one more space at the front at the top of the sloped street entrance if possible. Ext 2. Paint cross walk within domes from the school stairway across the parking lot to the CYC walk. Modify walk and provide curb cuts as required. Ext 3. Extend patio at front meeting room. Cut back scope of existing planting and irrigation. Ext 4. Extend patio at Dance Room. Cut back scope of existing planting and irrigation. Ext 5. Provide a perforated drain around the building perimeter at the north, north west and north east perimeters, with a daylight down -slope to a rock swale at either end of the site. on Do Mr. Matt Lohr! Mr, Mark Reader Newport Beach CYC May 12, 2008 Page 2 of 4 Exterior Modifications by D +D: Ext 6. Provide two rear exits from Game Room patio, a concrete ramp to the west, and concrete steps to the south. Infill the edge of the patio at the game room, and relocate the handrail to the top of the wall. Ext 7. Provide a new stucco finish over all exposed concrete masonry walls. Finish top of concrete walls with a new copper parapet cap and copper diverters, gutters and down spouts as required. Ext S. Repaint the exterior and utilize a new color palette to be determined. Ext 9. Construct a new trellis canopy with integrated building sign and numerical address at the improved entry (see description of Item 1, Interior Modifications). Ext 10. Provide all new exterior light fixtures. Interior Modifications by the City: Int 1. Provide wireless internet service, and all other phone, security and telecommunications services. Int 2. Service existing HVAC, and replace equipment as required. Clean duct interiors, and provide new filters following construction completion. Interior Modifications by D +D: Int 3. Remove existing entry storefront. Pour a new structural slab and install new storefront, approximately ten feet forward to provide a new eighteen foot deep lobby. Int 4. Cut a hole in the existing concrete block wall to provide a sliding window for supervision over the lobby. Int 5. Provide a new high /low drinking fountain with furred wall in the lobby. Int 6. Provide electrical and telecommunications P.O.C. for a new furniture reception desk and waiting area. Int 7. Provide new interior lighting throughout.the facility. Int 8. Repaint all walls, ceilings, and overhead ductwork throughout the facility. Int 9. Replace all interior floor covering except the wood floor, and possibly the rubber floor. Int 10. Demolish existing restroom interiors. Improve the existing men's and women's toilet rooms to be access compliant, and to have all new doors, fixtures, partitions, floor and wall tile, counters, hardware accessories, lighting, and paint. Exhaust fans for both restrooms are to be replaced. on 00 Mr. Matt Lohr! Mr. Mark Reader Newport Beach CYC May 12, 2008 Page 3 of 4 Int 11. Demolish the existing kitchenette, storage 1 office, art area and computer station area. Enclose a new staff office! lounge that looks through the sliding window to the entry lobby. Provide casework with a sink and oven. Provide refrigerator for staff area. Provide glazed sliding door out to improve oversight. Int 12. Utilize the remaining area adjacent to the restroom and staff room as a lounge / activity area with moveable tables and chairs. Replace the existing wall above the Dance Room storage cabinets with double - glazed windows facing the room for a parent over -look and lounge area. Int 13. Strip the wainscot and wall coverage at the meeting room and replace with acoustical wall treatment and a chair rail. Int 14. Remove the demising wall in the storage room for one large room, and increase the door size. Int 15. Provide acoustical wall treatment in the game room. Int 16. Provide a double - glazed enclosure along the top of wall at the ramp to enclose the Game Room. Add a pair of doors at the bottom of the ramp swinging into the Game Room. Int 17. (Alternate) Replace all exterior wood and glass pairs of doors and hardware. int 18. (Alternate) Replace all window systems at all meeting and activity rooms with double - glazed, high - performance window systems. Please refer to the attached spread sheet for an itemized fee proposal, totaling a lump sum of $73,300 for design and construction documents, and an hourly not to exceed of $24,100 for Bid Support and Construction Administration. Reimbursable Expenses NTE: $10,000 The fees will be allocated per the attached spreadsheet: Please note that the fee is all- inclusive, with the exception of the following that may be added as additional services: 1. Reproduction of plans, specifications, reports and calculations for bid distribution or during construction per contractor request for additional sets. 2. Changes or additions to the scope of work. All drawings will be developed electronically, utilizing AutoDesk REVIT. Hardcopy and CD PDF record drawings will be provided at the completion of services. City - provided services will include: • Topographic survey information showing spot elevations as required for the Dougherty + Dougherty scope of work; ■ ■ Mr. Matt Lohr /Mr. Mark Reader Newport Beach CYC May 12, 2008 Page 4 of 4 • Testing and inspection during construction as required, and • The waving of all City fees. We are appreciative of the opportunity to work with you, and look forward to a timely and fruitful design and construction process. Betsey Olenick attach: BOD:ca Y. @W7 PROJECTSVQM.W NEWPORT COMM YOUTH CMTR REMUDIOATAN3RE -0ESIGNW3 AGREEMENBVYC CO FEE PROPOSAL 5- 12INDOC EXHIBIT B Fee Proposal for Architectural and Engineering Services City of Newport Beach -Comm Youth Ctr Needs Assessment Date: May 12, 2008 D +D Proi. No. 20728 A -3 The following itemized fee proposal is prepared as a supplement to our proposal of April 7, 2008. Hourly rates include direct personnel expense, overhead, and profit. The budget is understood to be $1,090,000 of construction. Sc ema6c Design 10% Architect Principal Architect Project Manager Architectural Designer Architect Technical Structural Engineer Mechanical /Plumbing Engineer Electrical Engineer Subtotal: Rounded to: Design Dewelopment 15% 8 hrs. x $165 /hr. _ $1,320 �6 hrs. x - $= /hr. 77- hrs. x 7 hrs. x 00 /hr.= 00 —7 hrs. x __TT5__/hr. _ T hrs. x 5 /hr. = 580 4 hrs. x 5T35 /hr. = 40 4 hrs. x 135 /hr, _ $540 Architect Principal 8 hrs. x $165 /hr. _ $1,320 Architect Project Manager 77- hrs. x /hr. = 4 0 Architectural Designer — hrs. x 47 __5TM_ /hr. _ ___$TT W 4TH Architect Technical hrs. x X135 /hr. _ Structural Engineer hrs. x __$TT7/hr. = �Ti61F Structural Technical 4 hrs. x 587-/hr. =�0$� Mechanical /Plmbg. Engineer ii hrs. x /hr. = Mechanical Technical —T hrs. x /hr. = ____T57_0 Electrical Engineer U hrs. x /hr. =x$17 Electrical Technical i hrs. x __TTTT/hr. = _3,66 Cost Estimating __7Ghrs. x __TT4__G__/hr. _ Subtotal: Rounded to Construction Documents A. Preparation of Construction Plans and Specifications. Architect Principal 16 hrs. x $165 /hr. = $2,640 Architect Project Manager 77 hrs. x -TT2U-/hr. = ___$TT07_ Architect Technical -_T27 hrs. x -$$7 /hr. = Structural Engineer —hrs. x --TT-4-5/hr. = Structural Technical —_TG hrs. x -_75 /hr. = �Ti61F Mechanical /Plmbg. Engineer hrs. x ---2-T --TT /hr. -fir =�0$� Mechanical Technical hrs. x /hr. = ,7GF Electrical Engineer hrs. x __$T37/hr. = Electrical Technical hrs. x '5$T_/hr. = Cost Estimating hrs. x __TTTT/hr. = _3,66 Clerical (Specifications) �U hrs. x __T77_5__/hr. = —3 GGI) Subtotal: Rounded to B. Planchecking/backchecking S% Architect Project Manager 12 hrs, x $120 /hr. = $1,440 Architect Technical hrs. x -_3'8 /hr. =� Y12007P.jaYS 120) 28, 00Ne- P -n [mnm Y.th Cntr RemodlOataN Pre- DesignW3 Agreements!Fre Proposal 20728.00080512.x1s $10,450 $16,480 $41,560 $10,500 $16,500 $41,600 Structural Engineer Mechanical Engineer Electrical Engineer Subtotal: Rounded to: Total Fixed Fee: i rng P ase 5 0 our y 4 hrs. x $145 /hr. = $580 hrs. x —TTT5— /hr. = 54 T hrs.x --577/hr. = $4,630 $4,700 $ 73.300 A. Provide bidding support services, including response to inquiries, issue of addenda, attendance at bid opening, and evaluation of bids, as requested, hourly not -to- exceed as follows: Architect Principal Architect Project Manager Architect Technical Engineering Support Subtotal: Rounded to: 4 hrs. x $165 /hr. = $660 hrs. x 20 /hr. = --- 577T7 hrs. x 85 /hr. = ---FT-,g-6U- TT' hrs. x --5F /hr. = --3T,-4TG-- onstructron Administration o (Hourly A. Provide construction administration (includes punchlist and as- builts) Architect Principal 16 hrs. x $165 /hr. = $2,640 Architect Project Manager --77 hrs. x —3TTF /hr. =-777D(i Architect Technical ---- 24 hrs. x �T5 /hr. = 527 OW Structural Engineer hrs. x —3TT5"-/hr. = Structural Technical ---T hrs. x --3T5-/hr. =$� Mechanical /Plmbg. Engineer --- 7f hrs. x - /hr. = Mechanical Technical --- 7T hrs. x --77/hr. = 772-6- Electrical Engineer ----IT hrs. x /hr. = --Tf,- = Electrical Technical ---J' hrs, x ---$ /hr. = ---5;TF $5,380 Subtotal: $18,660 Rounded to: Total NTE Fee: $97,160 Y:12007 Fmjecu120728, 00 rva pon Comm Yomh Cmi Remod10a1aa Pre OesignV ] Agreemenul(ee Pmposl 20728.00 080512.,h $ 5,400 $18,700