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HomeMy WebLinkAboutC-2537(A) - Architectural & Engineering Agreement for West Newport ParkCITY OF NEWPORT BEACH c ` OFFICE OF THE CITY CLERK ��,FOaN�► (714) 640 -2251 TO: FINANCE DIRECTOR Parks, Beaches and Recreation Director 712- /605' FROM: CITY CLERK DATE: December 2, 1985 SUBJECT: Contract No. C- 2537(A) Description of Contract Architectural/Engineering Agreement ( ?'-,' 7t--10;VWr- Effective date of Contract November 8. 1985 Authorized by Minute Action, approved on September 9, 1985 Contract with Cardoza- DiLallo- Harrington Address 151 Kalmus Drive, Suite K -3 Costa Mesa, CA 92626 0 Amount of Contract (See Agreement) Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 ARCHITECTURAL /NBERING AGREEMENT C - 2,3"3 THIS AGREEMENT, entered into this 8th day of November, 1985, by and between the CITY OF NEWPORT BEACH, a Municipal corporation, (hereinafter referred to as "City ") and Cardoza- DiLallo- Harrington whose address is 151 Kalmus Drive, Suite K -3, Costa Mesa, CA (hereinafter referred to as "Architect "), is made with reference to the following: R E C I T A L S: A. The 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 the City. B. The City and Architect desire to enter into an agreement for See Exhibit "A" the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on the bth day of November, 1985, and shall terminateon the 8th day of Novemeber, 1986, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. SECTION 3. COMPENSATION TO ARCHITECT Architect shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporateed herein by this reference. SECTION 4. STANDARD OF CARE Architect warrants and guarantees that all services performed hereunder, including services performed by any subcontractor, shall be provided in a manner commensurate with the generally accepted professional standards and shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with the City. 1 0 0 SECTION 5. INDEPENDENT PARTIES Independent parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees shall have any control over the conduct of Architect or any of Architect's agents, servants, employees, or subcontractors, except has herein set forth. SECTION 6. HOLD HARMLESS The Architect agrees to protect, defend, indemnify and save harmless the CITY against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of acLiOn caused by Architect, his employees, agents or any subcontractor arising out of or in consequence to the negligent performance conducted pursuant to this Agreement. SECTION 7. INSURANCE On or before the commencement of the term of this Agreement, Architect shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Such certificates, which do not limit Architect's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days' written notice has been received by the City." It is agreed that Architect shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Architect shall maintain the following insurance coverage: A. Errors and Omissions Errors and omissions insurance, which includes coverage for professional malpractice, in the amount of $1,000,000. B. Failure to Secure If Architectt at any time duri.n the Urrm hereof, should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Architect's name or as an agent of the Architect and shall be compensated by the Architect for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. 2 0 9 C. Additional_ Insured The City, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured under general liability insurance policies required under this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to the Architect secondarily, if necessary. SECTION 8. PROHIBITION AGAINST TRANSFERS Architect shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of the City; any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Architect, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Architect if a partnership or joint venturer or syndicate or cotenancy, which shall result in changing the control of Architect, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES ArchitecC, it its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by Architect pursuant to or in connection with this Agreement shall be the exclusive property of the City. City shall make no use of materials prepared by Architect pursuant to this Agreement and construction, repair and maintenance of the Project. 3 0 0 No report, information or other data given to or prepared or assembled by the Architect pursuant to this Agreement shall be made available to any individual or organization by the Architect without prior approval by the City. Architect shall, at such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS Architect shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by City. Architect shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Architect shall provide free access to the representatives of City or its designees at all proper times to such books and records, and gives the City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Architect to City shall be addressed to City at: Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92660 Attention: Ronald A. Whitley 4 0 0 All notices, demands, requests, or approvals from City to Architect shall be addressed to Architect at: Cardoza- DiLallo- Harrington 151 Kalmus Drive, Suite K -3 Costa Mesa, California 92626 Attention: Leslee A. Temple SECTION 13. TERMINATION In the event Architect hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Architect shall be deemed in default in the performance of this Agreement. I€ such default is not cured within a period of five (5) days after receipt by Architect from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Architect written notice thereof. The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days written notice to Architect as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in Section 4 that is earned and unpaid prior to the effective date of termination. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorney's fees. SECTION 15. ADVERTISEMENT Architect shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind unless prior written approval having been secured from the City to do otherwise. SECTION 16. COMPLIANCES Architect shall comply with all laws, State or Federal, and all ordinances, rules and regulations enacted or issued by the City. SECTION 17. NUISANCE Architect shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with its perforance of services under this Agreement. 5 0 0 SECTION 18. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. The City reserves the right to issue restraint or cease and desist orders to the Architect when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The Architect shall endeavor to maintain the work sites free of hazards to persons and /or property resulting from his operations. Any hazardous condition noted by the Architect, which is not a result of his operations, shall immediately be reported to the City. SECTION 19. SUBCONTRACTOR APPROVAL Unless prior written consent from the City is obtained, only those people and subcontractors whose names and addresses appear in this Agreement or any attachments hereto shall be used in the performance of this Agreement. Request for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing an estimated cost for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. SECTION 20. WAIVER A waiver by the City 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. SECTION 21. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Architect. 6 i • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: 7 CITY OF NEWPORT BEACH ATTEST: City Clerk ARCHITECT Robert R. Cardoza Vice- President CARDOZA DILALLO HA.MNGTON prindpals August 9, 1985 Pere' R Uilalin Nihon IX Ml':,.. i c�iv' \ i� •:rlr Mr. Ronald A. Whitley Director, Parks, Beaches and Recreation 3300 Newport Boulevard Newport Leach, CA 92658 -8915 Re: West Newport Park Dear Ron, EXAMPLE 'A' Thank you for the opportunity to submit this proposal for the preparation of preliminary plans and construction documents as outlined for West Newport Park in your letter of July 24, 1985. Cardoza-DiLallo- Harrington offers quality, experience and creativeness in landscape architectur_ xnd recreation planning. The figures presented herewith are based upon our site visitation, review cf the scope of services as presented in your letter, our knowledge of the City of Newport Beach, and information obtained from our meeting with you on July 23, 1985. We have been in contact with Neil Fairbanks regarding the architecture for the restroom and understand that his services will be handled through a separate contract. Upon award of contract, the Cardoza- DiLallo- Harrington team is immediately available to perform the services as outlined. Xonthly invoices shaII be provided sn:i pay�sent n;;:'.r:; :err. resssively by ,he Cit, of Newport Beach. The work will he performed on an hourly rate basis in conformance +ith the total not -to- exceed figure per phase as shoxn. Preliminary Design Phase Field Reconnaissance 24 hours $ 1,200. Design Implementation 58 2,900. Construction Cost Analysis 12 600. Design Team Coordina_ ion 24 1,200. TOTAL $'5,900• Final Design Phase - Construction Documents Base Sheet Preparation Constuction Staking and Details Grading /Drainage Irrigation Planting Construction Cost Analysis Specifications Design Team Coordination n u 24 hours $ 1,200. 160 8,000. 70 3,500. 40 2,000. 30 1,500. 20 1,000. 16 800. 24 1,200. TOTAL $19,200. PROJECT TOTAL $25,100. Services rendered by Cardoza- DiLallo- Harrington are inclusive of telephone, transportation, and clerical costs; and attendance at a reasonable number of City staff meetings. Until the preliminary design is complete, subconsultants such as civil and structural engineers are unknown. Services rendered by Cardoza- DlLallo- Harrington during bid coordination and construction observation shall be billed at stipulated personnel hourly rates. Reproduction fees (photographic operations, including blueprinting, printing, mylars, and xeroxing) shall be considered as reimbursable expenses. Invoices shall be provided and payment made progressively at cost plus ten (10) percent for administration. Compensation for additional or extra services beyond those stated herein, major development changes, and subconsultants as authorized by the City shall be based on stipulated personnel hourly rates. We look forward to working with the City of Newport Beach on developing the necessary documents for this exciting endeavor. Should you have any questins or need additional information, please call myself or Bob Cardoza et your convenience. Thank you, Leslee A. Temple, ASLA Principal of Recreation Planning j «1) CITY OF NEWPORT BEACH _ 2Jr j 7 Parks, Beaches and Recreation Department TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: DEVELOPMENT OF WEST NEWPORT PARK Recommendation: September 9, 1985 CITY COUNCIL AGENDA ITEM NO. F -362,) BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 91 °85 APPROVED Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Cardoza, DiLallo, Harrington, a Landscape Architecture and Planning Partnership, in the estimated amount of $27,100. nicruccinn- The 1985 -86 budget contains an appropriation of $295,000 to prepare construction documents and construct a linear park as an extension of West Newport Park. As directed by the City Council at the meeting of August 26, 1985, two alternatives will be produced in the preliminary design phase for the Parks, Beaches and Recreation Commission and City Council review. One design will provide parking as necessary for the size and use of the facility and the other design will include no parking. After a staff and Commission review of qualifications of several local landscape architectural firms that had expressed interest in the project, an invitation was made to Cardoza, DiLallo, Harrington to submit a proposal to prepare plans and specifications. The subject firm has performed work for many Orange County cities, including the Huntington Beach Central Park project. Compensation will be based on the consultant's hourly rate schedule, with an estimated total price of $27,100 which cannot be exceeded without prior written consent, and which cannot be exceeded by more than 10% without an amendment to the agreement. Ronald A. Whitley