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