Loading...
HomeMy WebLinkAboutC-2624(A) - Design Service for Public Restroom, Newport Pier and 15th Street&e 6'A CITY OF NEWPORT BEACH City Clerk's Office City Hall 3300 Newport Boulevard Newport Beach, California 92663 Amautt Item TOTAL S Authorized by 8-9501 Cade Pages @ 25C ea $ Pages Xeroxed @ 50t first page: $ 15C eack page after. $ Maps @ $2.50 each. $ TOTAL S Authorized by 8-9501 ENGINEERING AGREEMENT THIS AGREEMENT, entered into this 15th day of March 1988, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and MOFFATT & NICHOL, ENGINEERS, whose address is 250 West Wardlow Road, P.O. Box 7707, Long Beach, California 90807 (hereinafter referred to as "ENGINEER "), 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 the City. B. CITY and ENGINEER desire to enter into a professional services agreement for the preparation of a concept study to evaluate alternative founda- tions for the proposed restroom facilities to be located adjacent to the Newport Pier. NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER as follows: SECTION 1. TERM The term of this Agreement shall commence on the day and year first above written and shall terminate one year thereafter, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED ENGINEER 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 ENGINEER ENGINEER shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. SECTION 4. STANDARD OF CARE ENGINEER agrees to perform all services hereunder in a manner com- mensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship with CITY. 1 of 7 0 0 SECTION 5. INDEPENDENT PARTIES CITY and ENGINEER intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of ENGINEER, except to the extent they are limited by statue, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of ENGINEER's services. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from CITY to ENGINEER, its employees or agents. Deductions shall not be made for any State or Federal taxes, FICA payments, PERS payments, or other purposes normally asso- ciated with an employer- employee relationship from any fees due ENGINEER. Payment of the above items, if required, are the responsibility of ENGINEER. SECTION 6. HOLD HARMLESS ENGINEER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit of any such claim or suit, arising from or in any manner connected to ENGINEER's negligent perfor- mance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE On or before the commencement of the term of this Agreement, ENGINEER shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage. Such certificates, which do not limit ENGINEER's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered by the insurer except after ten (10) days' written notice has been received by the City of Newport Beach." It is agreed that ENGINEER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement, and that said coverage of insurance shall be secured 2 of 7 from an insurance company assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) by the latest edition of Best's Key Rating Guide and licensed to do insurance business in the State of California. A. COVERAGE 1. Workers' Compensation. Statutory coverage as required by the State of California. 2. Liability. Comprehensive general and automotive liability coverage in the following minimum limits: Bodily injury Property Damage $250,000 each person $500,000 each occurrence $500,000 aggregate $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. 3. Professional Liability. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of ENGINEER in the amount of at least $250,000. B. SUBROGATION WAIVER ENGINEER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liabil- ity insurance insurance, ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either ENGINEER or CITY with respect to the services of ENGINEER herein, a waiver of any right of subrogation which any such insurer of said ENGINEER may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If ENGINEER at any time during the term hereof, should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in ENGINEER's name or as an agent of ENGINEER, and shall be com- pensated by ENGINEER for the costs of such insurance at the maximum rate per- mitted by law computed from the date written notice is received that such costs have been paid. 3 of 7 D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverages except any professional liability insurance, required by 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. An additional insured named herein shall not be held liable for any premium deductible portion of any loss, 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. SECTION 8. PROHIBITION AGAINST TRANSFERS ENGINEER 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 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 ENGINEER, or of the interest of any general partner or joint venturer or syndicate member or cotenant if ENGINEER is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing the control of ENGINEER, 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 ENGINEER, at 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 ENGINEER pursuant to or in connection with this Agreement shall be the exclusive property of CITY. No report, information or other data given to or prepared or assembled by ENGINEER pursuant to this Agreement shall be made available to any individual or organization by ENGINEER without prior approval of CITY. 4 of 7 0 0 ENGINEER shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS ENGINEER shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services under this Agreement. ENGINEER 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. ENGINEER shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives 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 ENGINEER to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 All notices, demands, requests, or approvals from CITY to ENGINEER shall be addressed to ENGINEER at: Moffatt & Nichol, Engineers 250 West Wardlow Road P.O. Box 7707 Long Beach, California 90807 SECTION 13. TERMINATION In the event ENGINEER hereto fails or refuses to perform any of 5 of 7 0 0 the provisions herein at the time and in the manner required hereunder, ENGINEER shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) days after receipt by ENGINEER 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 ENGINEER written notice thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' written notice to ENGINEER as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement 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 attorneys' fees. SECTION 15. ADVERTISEMENT ENGINEER 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 has been secured from CITY to do otherwise. SECTION 16. COMPLIANCES ENGINEER shall comply with all laws, State or Federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 17. NUISANCE ENGINEER shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. SECTION 18, SAFETY REQUIREMENT 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. CITY reserves the right to issue restraint or cease and desist orders to the ENGINEER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. 6 of 7 9 The ENGINEER shall maintain the work sites free of hazards to per- sons and /or property resulting from his operations. Any hazardous condition noted by the ENGINEER, which is not a result of his operations, shall imme- diately be reported to CITY. SECTION 19. SUBCONTRACTOR APPROVAL Unless prior written consent from 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 subcontrac- tor may, at the option of CITY, be issued in the form of a Work Order. SECTION 20. WAIVER A waiver by 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 ENGINEER. IN WITNESS WHEREOF, the parties have caused this Agreement to be exe- cuted on the day and year first above written. APPROVED AS TO FORM: IL 6AO� City Attorney CITY OF NEWPORT BEACH, a Municipal Corporation By City Manager CITY MOFFATT & NICHOL, ENGINEERS By W 4 CCU U;cc PI- Cssde.�L+ ENGINEER 7 of 7 • i EXHIBIT "A" SERVICES TO BE PERFORMED BY ENGINEER ENGINEER shall provide engineering services for "Foundation Concept Study on the MacFadden Place Restroom next to the Newport Pier" as described below: I. DESCRIPTION OF PROJECT The work to be performed involves the preparation of a concept study to evaluate alternative foundations for the proposed MacFadden Place Restroom next to the Newport Pier. The study will evaluate the potential of shoreline erosion and wave - induced scour that could potentially damage a structure placed in the upper surf zone next to the Newport Pier. The study is to make recommendations on a foundation design that will require little or no maintenance due to shoreline erosion and wave induced scour. II. SCOPE OF SERVICES A. Review historical shoreline positions by analyzing available aerial photographs and beach profiles at the project site. B. Collect available data from the City of Newport Beach regarding past storm damages to adjacent facilities. C. Determine design water level and wave conditions and asso- ciated wave runup and overtopping. Expected scour based on beach profile fluctuations will be obtained. This will include estimated force, frequency and direction of lateral wave forces. D. Retain a geotechnical consultant to perform a soil boring to determine soil type characteristics. Based on the results of this boring, foundatin design parameters will be developed from which pile size, length, and bearing capacity can be determined by the foundation design engineer. E. Develop alternative foundation designs based on the infor- mation derived from the study. Identify the preferred alter- native. This is to include, if a foundation skirt is required, the extent of the skirt and recommended depth. A recommen- dation should be made on the shape of the wall and railing to provide wave dissipation. If a rock revetment is recommended, provide the extent, size of rock and depth of the area to be covered by rock in front of the seawall /foundation. F. Prepare a summary report stating the findings and recommendations. G. Consultation Communicate and consult with CITY staff, City's architect, Boyle Engineers, as necessary during the design phases of the project to resolve any design - related problem which may arise concerning the data presented in the report. III. COMPLETION OF SERVICES The study shall be submitted for initial review by April 29, 1988. Corrections or modifications of plans and specifications shall be submitted within two weeks after Engineer receives CITY's comments. 1 of 1 EXHIBIT "B" COMPENSATION TO ENGINEER A. In consideration of the performance of services specified under exhibit "A" of this Agreement, CITY hereby agrees to compensate ENGINEER an amount based upon the following hourly rates: Classification of Personnel Hourly Rate (Engineer to provide hourly rates to be attached) B. Aggregate compensation to ENGINEER shall not exceed Fifteen Thousand ($15,000) (includes geotechnical investigation). C. ENGINEER's invoices to CITY for compensation shall include classifications of personnel, dates and hours worked in the performance of services spe- cified under Exhibit "A" of this Agreement. D. CITY shall remit payment to ENGINEER within Thirty (30) days after receipt of ENGINEER's invoices. E. CITY shall provide copies of all pertinent records of existing improvements, shore profiles, and projected loading for restroom facilities. 1 of 1 MOFIST & NICHOL, ENGINE& RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective June 1987, Until Revised CLASSIFICATION HOURLY RATES ENGINEERING $60.00 Project Manager $86.00 Project Engineers /Senior Engineer $80.00 Coastal Scientist $80.00 Mechanical Engineer $72.00 Electrical Engineer $72.00 Structural Engineer $65.00 Coastal/Harbor Engineer $62.00 Civil Engineer $62.00 Staff Engineer $46.00 ARCHITECTS /SPECIFICATIONS Architects $60.00 Specifications $60.00 DRAFTING Drafter II $49.00 Drafter 1 $36.00 CLERICAL Word Processing $36.00 General Clerical $32.00 SPECIAL Principals $105.00 Court Appearances Negotiated Rates REIMBURSABLE EXPENSES COMPUTERRATES Micro Computer $25 /hour Main Frame at cost + 25% REPRODUCTIONS In- Houseprints and Xerox at cost Other reproduction at cost plus 15 SUBCONTRACTORS Cost + 15% unless otherwise provided in written agreement Mileage - Company auto at 25 centers/mile OFFICE C;F T f i F ,ti ;;,,'10 � ° I� 'J •CSI! ❑CGr,o Cih Li ut;� hcy LLk I'll 1,1k (Other Mr. Kenneth L. :Perry � 6 Project .7ngineer, Public Workr; De ";ITY OF ',IPORT BEACH P. lox 1768 Newport Beach, California 92658 -891 C!Tr oF' NEWPORT BEACH, !r. MAR 111987 ► RECEIVED CITY CORK ,Z 6, 1987 Re: Proposed New 15th Street Restroom C -2624) )ear Mr. Perry: mm RE��.1 LE tD M �R 11 1987 °` This is in response to your letter of February ].7, asking for comments on the above preliminary plan. 'mile we all agree that something needs to be done about the 15th :Jtreet restroom, as area residents and property owners we do not like the idea of a new higher building, located closer to the oceanfront sidewalk. de would like to suggest the following: 1, Keep the old facility - with the lower height and .� renovate and improve it. None of us wants to look at a higher structure on our beach! How about install- ing automatic pumps for the drainage problems? Ci,` "' 2, Improve the landscaping, and keep shrubs trimmed C7Coarl!men from the bottom to control litter and associated ❑ M' .Pa`'ef problems. G .4` neY c-j r. 3. We like our ocean view "as is." Chat's one reason =S rJ 01r. we chose to live in this area.' rt',':, F2 P. tir. 4. Surely, improvement and renovation would be a less t? P! n oi't J!r• expensive w <iy to go. This could be accomplished G °a' ti!isP`" during the slow winter months with a minimum of .0. Gir = inconvenience. C3 tbiir�r We hope the City will take all of these comments and suggestions into consideration. ,s longtime owners and residents in this area, we think that our feelings in this matter should be heeded. Respectfully, J • :_1 .' �a�� � Ci�?sr.�C� I a D£' �v, 4��n�2..�o7�/U, f3• �D CD NAME ADDRES �a lo( SA- N .d OheAl 12A 44 a,09 19,4 '';OO mg is , 1s.6 w leer V, KI We, IV /S�� iJ • d/cert.✓1RvA1r N8( cc to: is�z �CeaAA for r�B i;iayor & Council city Mgr. -2- D-� V13 H NEVE 30 J8 4 O z 46AP tx '-4-- . • a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 y,. TO: FINANCE DIRECTOR / ✓�' /�t ��, FROM: CITY CLERK DATE: August 26, 1987 SUBJECT: Contract No. C- 2624(B) Description of Contract Agreement for Design Services for Reconstruction of 15th Street Restroom Effective date of Contract Authorized by Minute Action, approved on Contract with Ron Yeo, FAIA Architect Address 500 Jasmine Avenue Corona del Mar, CA 92625 Amount of Contract (See Agreement) k" 6e , Wanda E. Raggio City Clerk WER:pm Attachment August 10, 1987 3300 Newport Boulevard, Newport Beach August 10, 1987 CITY COUNCIL AGENDA ITEM NO. F -3(c) TO: CITY COUNCIL BY THE CITY COUNCIL FROM: Public Works Department CITY OF NEWPORT BEACH SUBJECT: NEWPORT PIER AND 15TH STREET RESTROOMS AUG 10 189T APPROVED RECOMMENDATIONS: Authorize the staff to terminate an existing agreement with Boyle Engineering Corporation to design new public restrooms at the Newport Pier and at 15th Street, 2. Authorize the City Manager to execute a new agreement to prepare plans and specifications for a new restroom at the Newport Pier when a final decision has been made on the concept and location. • 3. Authorize the City Manager to execute an agreement with Ron Yeo, Architect FAIA, to prepare plans and specifications to remodel the existing 15th Street restroom. DISCUSSION: On October 13, 1986, the City Council approved a design services agreement (Contract 2624) with Boyle Engineering Corporation to design new public restrooms at the Newport Pier and at 15th Street. It became impossible for Boyle to proceed with the project because the City was unable to designate an acceptable site at the Newport Pier in a timely fashion; and because a number of residents, property owners and the Central Newport Beach Community Association object to the plan of the City to construct a new restroom at 15th Street, preferring instead that the existing facility be reconstructed and not replaced. It is therefore recommended that the existing design services agreement be terminated, and the two restroom projects be designed separately. Boyle Engineering Corporation has been given a purchase order to investigate alternative locations and develop a number of different design con- cepts for a new restroom at the Newport Pier. After an acceptable site and is design has been chosen, a new design services contract will be entered into for the design of the new facility. Attached are two letters from the Central Newport Beach Community Association plus a letter signed by many individuals requesting that the 15th Street restroom be rebuilt. The staff concurs with the recommendation of the residents that it is feasible to reconstruct the existing facility. The rela- tive merits of face lifting were compared to the merits of complete remodeling using public contract procedures. The consensus of the staff is that the existing building should be completely rehabilitated and brought up to current T9et 0 t QUA 0 0 • 0 August 10, 1987 Subject: Newport Pier and 15th Street Restrooms Page 2 • standards, that plans and specifications should be prepared by a competent architect, and that the work should be done by means of a formal public works contract. The staff is obtaining a proposal from Mr. Ron Yeo to perform the necessary architectural services for the 15th Street restroom rehabilitation. The estimated cost of the rehabilitation project including building rehabilita- tion, site improvements, design fees, testing, and contingencies is $171,000 (vs $295,000 for complete replacement). Mr. Yeo's architectural design fee, including subconsultants, is a maximum of $14,500. 44 �-'�2kz Benjamin B. Nolan Public Works Director KLP:jd i Att . i • • March 6, •:qr. Kenneth L. Perry f'-ro t Jngineer, Public Works Dept. ;ITY 0' ,F.] (PORT BEACH P. Box 1768 Newport Beach, California 92658 -8915 Re: Proposed New 15th Street Restroom (C -2624) Lear ' /;r. Perry: t This is in response to your letter of February 1.7, asking for comments on the above preliminary plan. 'fhile we all agree that something needs to be done about the 15th :street restroom, as area residents and property owners we do not like the idea of a new higher building, located closer to the oceanfront sidewalk. We would like to suggest the following: 1. Keep the old facility - with the lower height and • renovate and improve it. None of us wants to look at a higher structure on our beach! How about install- ing automatic pumps for the drainage problems? 2. Improve the landscaping, and keep shrubs trimmed from the bottom to control litter and associated problems. 3. We like our ocean view "as is." That's one reason we chose to live in this area.' 4. Surely, improvement and renovation would be a less expensive way to go. This could be accomplished during the slow winter months with a minimum of inconvenience. We hope the City will take all of these comments and suggestions into consideration. As longtime owners and residents in this area, we think that our feelings in this matter should be heeded. Respectfully, NAME ADDRESS HAHERh �.��. , � � - CSC • -, ;� /`� PIL L41 -1- � -- �r�/�. �= r • ?� �. (� X07 -���`T /,1,�' /� 15'ofl tom, ©�.,vn,Aia��v. �3• !D la3,s Sf- to ins �s -4 s� ,U- /3 Is- 0 iJ :1i IE d lot )5. N.6f o�D Ima C5 d�l'r -I 0 �soY w &1ifl4 81• lcp� e Awd pC !.O*,- W Cki y� ,576 w ��� �% w oc¢s•z� 1 &o a Eli -77J3 . k�' I 3EPI E v a �t 3a N 7 4-- ot IT aa� 4a00, �""' N6 �- I� &ti'� !f I� w 1) -'y 111 d Dc� cc to: Piayor & Council e-0� cV City Mgr. -2- 464e t L Ir 0 0 P CENTRAL NEWPORT BEACH Community Association June 11, 1987 Benjamin B. Nolan Public Works Director Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 Balboa, Ca. 9266;1 Re: 15th Street Restroom-- Reconstruction Dear Mr. Nolan: i�y�°lLf ✓F,y�cj` �lo�, °` • As you know, our Association has a continuing interest in the 15th Street Restroom project. The Board has asked that I thank you and your staff for including us in the decision - making process and keeping us informed of your progress. • -f Our Association's basic position is expressed in a letter of February 20, 1987 (copy enclosed) . It is our Board's further opinion that in addition to maintaining the present location, economics and aesthetics dictate the rehabilitation of the existing facility, rather than con- struction of a new one. We understand that the final decision is close at hand and trust that our concerns will continue to be part of that process. Very truly yours, CENTRAL NEWPORT BEACH COMMUNITY ASSOCIATION, 0 CENTRAL NEWPORT BEACH Community Association $ C • 1, Balboa. Ca. 92661 February 20, 1987 Kenneth L. Perry, Project Engineer PUBLIC WORKS DEPARTMENT P.O. BOX 1768 Newport Beach, CA 92658 -8915 Re: Proposed New 15th Street Rest Room (C -2624) Dear Mr. Perry: Thanks for including our Association in the planning and decision for this Project, and the patience to wait until we had the opportunity to present the preliminary plans to a general membership meeting. This is to inform you that at the Central Newport Beach Community Association General Membership Meeting of February 18, 1987, the Board received a directive, adopted by unanimous vote, to request the City not to move the restroom facility any closer to the boardwalk. While the sight -lines from the street -end might be unaffected, moving the facility closer to the existing residences and businesses creates serious visual, esthetic, and functional problems. The discussion at our meeting was brief, but spirited, and the vote was emphatic. The unwarranted imposition on the neighboring properties is in no way offset by any convenience to be realized by elevating and or moving the present facility. The Central Newport Beach Community Association, therefore, asks that the facility be rebuilt at its present location and elevation. Among our members most vitally interested in this Project is Mrs. Gormly, with whom I ask that you communicate directly on this Project. Very truly yours, • CENTRAL NEW I BEACH COMMUNITY ASSOCIATION, 'J 1 By V111 Donald . Regan President rw C cc: Mrs. Robert Gormly 1420 W. Ocean Front Newport Beach, CA 92660; and Board of Directors, CNBCA 6 .t I August 26, 1987 TO: City Clerk FROM: Public Works Department SUBJECT: 15TH STREET REST ROOM Attached for your files is an executed copy of a design services agreement with Ron Yeo, FAIA Architect, to prepare plans and specifications for remodeling the existing 15th Street rest room. The agreement was executed on August 24, 1987. Kenneth L. Perry Office Engineer KLP /bjm Attachment CITY OF NEWPORT BEACH AGREEMENT FOR DESIGN SERVICES FOR RECONSTRUCTION OF 15TH STREET RESTROOM THIS AGREEMENT entered into on this � day of S , 1987, by the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and RON YEO, FAIN ARCHITECT, INC., whose address is 500 Jasmine Avenue, Corona del Mar, CA 92625 (hereinafter referred to as "ARCHITECT "), is made with reference to the following: ECITALS: 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 the City. B. CITY and ARCHITECT desire to enter into a professional services agreement for preparation of plans and specifications to remodel an existing public restroom located on the ocean front at 15th Street upon the terms and conditions set forth herein: NOW, THEREFORE, it is mutually agreed by and between CITY and ARCHITECT as follows: SECTION 1. TERM The term of this Agreement shall commence on the date this Agreement is executed by City and shall terminate on the 30th day of June, 1988, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED ARCHITECT shall perform the following services: 1. Construction Documents Phase a. Preparation of working plans, specifications, and estimates for reconstructing an existing public restroom building and adjacent site improvements, based on a scope of work that has been prepared by CITY and approved by ARCHITECT. b. CITY understands and acknowledges that in remodeling and rehabilitation of existing structures, certain design and technical decisions are made on assumptions based upon readily available documents and visual observation of existing conditions. Unless specifically directed in writing by Owner, Architect shall not have performed any destructive testing nor open any 1 of 10 concealed portions of the building in order to ascertain its actual condition. In the event that Architect's assumptions, made in good faith, prove to be incorrect, owner agrees that Architect shall not be held responsible for any additional work or costs required to correct such assumptions. 2. Biddinq Phase a. Assist CITY during the bidding phase. 3. Construction Administration Phase a. Assist CITY during the construction phase. b. ARCHITECT shall visit the PROJECT at intervals appropriate to the stage of construction 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; however, 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, ARCHITECT shall keep CITY informed of the progress and quality of the work, and shall endeavor to guard CITY against defects and deficiencies in the work of the Contractor. c. ARCHITECT shall not be responsible for and shall not have control or charge of construction means, methods, techniques, sequences or pro- cedures, or for safety precautions and programs in connection with the work d. ARCHITECT shall at all times have access to PROJECT whenever work is in progress. e. ARCHITECT shall render interpretations necessary for the proper execution or progess of the PROJECT work, with reasonable promptness. f. CITY may request that claims, disputes and other matters in question between the Construction Contractor and CITY relating to the execution or progress of the PROJECT work or the interpretation of the Construction Contract documents be referred initially to ARCHITECT for review. CITY shall make the final decision in all such claims and disputes. g. All interpretations of ARCHITECT shall be consistent with the intent of and reasonably inferable from the Construction Contract documents and shall be in writing or in the form of drawings. h. ARCHITECT shall review and recommend appropriate action upon Construction Contractor's submittals such as shop drawings, product data and samples, but only for conformance to the design concept of the project work and with the information given in the Construction Contract documents. Such 2 of 10 0 action shall be taken with reasonable promptness so as to cause no delay. ARCHITECT's approval of a specified item shall not indicate approval of an assembly of which the item is a component. i. ARCHITECT shall advise CITY on all Change Orders requeste or proposed by Construction Contractor consistent with municipal, state and federal rules, regulations and ordinances. j. ARCHITECT shall participate in the final acceptance inspec- tion for final completion and review written guarantees and related documents assembled by the Construction Contractor. k. ARCHITECT shall prepare a set of reproducible record drawings on mylar tracings showing significant changes in the work made during construction based on marked -up prints, drawings and other date furnished by the Construction Contractor to ARCHITECT. 1. The extent of the duties, responsibilities and limitations of authority of ARCHITECT as CITY's representative during construction shall not be modified or extended without written consent of CITY, the Contractor and ARCHITECT. include: B. Reimbursable expenses under this contract include: 1. Miscellaneous duplication, printing, and related charges. 2. One set of as -built contract drawings on mylar film. C. Additional design services not provided under this Contract 1. Revisions to Contract documents following approval by the City Council; changes in scope or modifications of the PROJECT; or design of any work off the designated site. 2. Revisions to Contract documents required by the enactment or revisions of codes, laws, or regulations subsequent to the preparation of such contract documents; or as due to other causes not solely within control of ARCHITECT. 3. Environmental documents; special use permits; or other special applications beyond building permits. 4. Presentation drawings, artists renderings, or other graphic presentation work other than ARCHITECT's study sketches. 5. Overtime. D. Responsibility for construction cost. 1. It is agreed that neither ARCHITECT nor CITY has control over the cost of labor, materials or equipment; over the Contractor's methods of 3 of 10 0 0 determining bid prices; or over competitive bidding, market or negotiating con- ditions. Accordingly, ARCHITECT cannot and does not warrant that bids will not vary from any cost estimate prepared by ARCHITECT. 2. No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a PROJECT budget; however, ARCHITECT shall endeavor to design the PROJECT to a project budget of $175,000, as follows: Architectural Fees, not including reimbursable costs $ 14,550 Contract Cost 150,000 Miscellaneous and Contingent Costs 10,450 Total $175,000 a. Architectural fees include reimbursable cost items. b. The contract price will include an item for providing por- table toilets during the construction period. c. Miscellaneous and contingent costs include costs expended directly by CITY including reproduction of contract documents, Coastal Zone per- mit, and professional fees not included in basic design services. d. The cost of replacing the sanitary sewer outside of the building is not included in the PROJECT budget. SECTION 3. COMPENSATION TO ARCHITECT A. Amount of Compensation for Services 1. Basic design services. a. Compensation for basic design services will be paid for on the basis of a fixed fee. The total costs for all design services to be pro- vided under this Agreement shall be Fourteen Thousand Five Hundred Dollars ($14,500) and shall not be increased without prior written approval of CITY. b. For the purpose of computing compensation, the three phases described in Section IIA above shall have the following value: (1) Construction documents Phase $13,500 (2) Bidding Phase 500 (3) Construction Administration Phase 500 2. For Additional Services a. Additional services will only be paid for if authorized in advance by CITY in writing. 4 of 10 3. For Reimbursable Expenses a. Reimbursable expenses will be paid for at the direct cost to ARCHITECT. B. Change in Scope of Project The scope of the PROJECT may be changed and the fixed fee revised upon prior written approval of CITY if the increase in the fixed fee does not exceed ten percent (10 %) of the fixed fee listed above. Any revisions to the scope of the PROJECT which would result in an increase in the fixed fee exceeding ten percent (10 %) of the fixed fee listed above may be approved by CITY pursuant to a written amendment to this contract. C. Manner of Commencement 1. ARCHITECT shall commence performance upon receipt of a written Notice to Proceed. D. Method of Payment Lump sum payments for basic design services will be made to ARCHITECT by CITY at the completion of each of the phases listed above. SECTION 4. STANDARD OF CARE ARCHITECT warrants and guarantees that all services performed hereunder shall be provided in a manner commensurate with a high professional standard and shall be performed by qualified and experienced personnel. SECTION 5. INDEPENDENT PARTIES The parties to this Agreement intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of ARCHITECT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of ARCHITECT's services. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from CITY to ARCHITECT, its employees or agents. Deductions shall not be made for any State or Federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer- employee relationship from any fees due ENGINEER. Payment of the above items, if required, are the respon- sibility of ENGINEER. 5 of 10 SECTION 6. HOLD HARMLESS ARCHITECT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit of any such claim or suit, arising from or in any manner connected to ARCHITECT's negligent perfor- mance of services or work conducted or performed pursuant to this Agreement. ARCHITECT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all per- sons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to ARCHITECT's negligent performance of services or work conducted or performed pursuant to this Agreement, for which the Architect would be legally liable. SECTION 7. INSURANCE On or before the commencement of the term of this Agreement, ARCHITECT shall furnish 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, except after ten (10) days' written notice has been received by the CITY." It is agreeed that ARCHITECT shall maintain in force at all times during the performance of this Agreement all appropraite coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do business in the State of California. A. COVERAGE ARCHITECT shall maintain the following insurance coverage: 1. Workers' Compensation. Statutory coverage as required by the State of California. 2. Professional Liability. Professional liabiliity insurance which includes coverage for the professional acts, errors, and omissions of ARCHITECT in the amount of at least $250,000. 6 of 10 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 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 is 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 ARCHITECT, at 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 snali be the exclusive property of CITY. CITY shall make no use of materials prepared by ARCHITECT pursuant to this Agreement and construction, repair and maintenance of the Project. No report, information or other data given to or prepared or assembled by ARCHITECT pursuant to this Agreement shall be made available to any individual or organization by ARCHITECT without prior approval by CITY. ARCHITECT shall, at such time and in such form as 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 that relate to the performance of services under this Agreement. ARCHITECT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall 7 of 10 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 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: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Attention: Public Works Department All notices, demands, requests, or approvals from CITY to ARCHITECT shall be addressed to ARCHITECT at: Ron Yeo, FAIA Architect 500 Jasmine Avenue Corona del Mar, CA 92625 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. If 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. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' written notice to ARCHITECT as provided herein. Upon termination of this Agreement, each party 8 of 10 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 subcontrac- tor may, at the option of CITY, be issued in the form of a Work Order. SECTION 20. WAIVER A waiver by 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be exe- cuted on the day and year first above written. PROVED AS TO FORM: `�� L �-,L � y Attorney CITY OF NEWPORT BEACH, a Mu�"al Corporation By t / City Manager y CITY RON YEO, FAIR, ARCHITECT M 10 of 10 (ARCHITECT) A CITY0 OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR Public Works Department FROM: CITY CLERK DATE: October 21, 1986 SUBJECT: Contract No. C- 2624(A) G� i 1.7- Description of Contract Agreement for Design Services for Proposed New Public Restrooms at Newport Pier and at Fifteenth Street Effective date of Contract October 20, 1986 Authorized by Minute Action, approved on October 13, 1986 Contract with Boyle Engineering Corporation Address Architect - Engineer Division 1501 Quail Street P.O. Box 3030 Newport Beach, CA 92658 -9020 Amount of Contract (See Agreement) "� 4e Wanda E, Raggio p City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach C • CG TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BEACH RESTROOM REPLACEMENT PROGRAM RECOMMENDATIONS: October 13, 1986 CITY COUNCIL AGENDA ITEM NO. F -3(e) BY THE CITY COUNCIL CITY OF NEtVPORT BEACH OCT 13 1986 APPROVED, 1. Approve a design services agreement with Boyle Engineering Corporation for new public restroom at Newport Pier and at Fifteenth Street for a fixed fee of $31,700.00. 2. Authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The 1986 -87 budget contains $615,360 (including carryover of $225,860 from previous years). Top priority is given to replacing restrooms at the Newport Pier and at Fifteenth Street; and to refurbishing the existing restroom at Washington Street. Other locations lower on the priority list include Orange Street, 56th Street and Buck Gully. On August 25, 1986, the City Council directed the staff to proceed with the hiring of an architect for the redesign of the Fifteenth Street restroom and the design of the Newport Pier restroom. A proposal has been received from Boyle Engineering Corporation to design restrooms at Newport Pier and at Fifteenth Street for a fee of $31,700 and per the following tentative budgets and schedule. BUDGET Construction (two buildings) Fees SCHEDULE 1. Completion of Cannery Village/ McFadden Square Specific • Area Conceptual Planning 2. Design of restroom facilities 3. City design review and approval 4. 50% construction document submittal $ 360,000.00 $ 31,700.00 November 1, 1986 December 1, 1986 December 15, 1986 January 1, 1987 October 13, 1986 SUBJECT: BEACH RESTROOM REPLACEMENT PROGRAM Page 2 • 5. 90% construction document submittal January 15, 1987 6. Final construction document submittal February 1, 1987 7. City Building Department plan review February 15, 1987 8. Project bidding March 15, 1987 9. City review and bid award April 1, 1987 10. Construction contract agreement completion April 15, 1987 11. Facility construction August 15, 1987 The restroom at Fifteenth Street will be a conventional restroom of approximately the same size of the existing restroom. The Newport Pier restroom will be a conventional restroom having 25% more total floor space than the existing facility, with the increased area being used to increase the size of the women's side. •Scheduling is dependent upon Cannery Village /McFadden Square Specific Area conceptual planning. The architect intends to complete the construction documents at the earliest time. At that time the City can determine whether the project should be built running into the summer season, or deferred until after Labor Day. a.v�l 46 . a Benjamin B. Nolan Public Works Director KLP:jw • 0 9 CITY OF NEWPORT BEACH CONTRACT NO. 2624 AGREEMENT FOR DESIGN SERVICES FOR PROPOSED NEW PUBLIC RESTROOMS AT NEWPORT PIER AND AT FIFTEENTH STREET THIS AGREEMENT is entered into on this c:�« K-day of 1986, by the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and the firm of BOYLE ENGINEERING CORPORATION, hereinafter referred to as "ARCHITECT" WITNESSETH: CITY desires to construct a new public restroom building located near the base of the Newport Ocean Pier, and a new public restroom building and site improvements on the beach at the southerly end of Fifteenth Street, and Professional design services are necessary to prepare plans and speci- fications suitable for obtaining approvals from public agencies and constructing the proposed improvements by means of public bidding procedures; and ARCHITECT has submitted a proposal to furnish said professional design services; and CITY desires to accept said proposal from ARCHITECT; NOW, THEREFORE, CITY and ARCHITECT agree as follows: I. GENERAL A. CITY engages ARCHITECT to perform the professional services hereinafter described for the compensation herein stated; and B. ARCHITECT agrees to perform the professional services hereinafter described for the compensation herein stated. II. TERM The term of this Agreement shall commence on the 13th day of October, 1986, and shall terminate on the 12th day of October, 1987, unless terminated earlier as set forth herein. III. SCOPE OF PROFESSIONAL SERVICES TO BE PROVIDED UNDER THIS AGREEMENT A. Basic Design Services 1. Basic design services to be provided by ARCHITECT under this Agreement include: 1of9 0 • a. Preliminary design b. Final design c. Survey d. Soils investigation for design purposes. (1) Soils investigation does not include seismic water table fluctuation and liquefaction information. e. Construction contract documents. f. Short form specifications. g. Computer assisted drafting design. h. Printing. 2. Description of work to be included in basic design services: a. Develop preliminary design concepts with the CITY staff. (1) The design theme for the facility at Newport Pier shall be based upon the master plan theme established by the Cannery Village /McFadden Square. (2) Specific Area Plan. The design theme for the Fifteenth Street facility will be developed as part of this Agreement. b. Complete final design concept based upon CITY staff review. c. Submit final design and preliminary cost estimate to the City for approval. d. Prepare construction contract documents for the two facili- ties. Plans and specifications shall be included for the follow- ing building systems. (1) Architectural: Shell construction and finishes. (2) Structural: Foundation and roof framing. (3) Mechanical: Plumbing. (4) Electrical: Miscellaneous power and emergency lighting. (5) Landscape: Site improvements and master plan integra- tion. e. Submit a set of plans and specifications to the CITY for review at the 50% stage of completion. Submittal shall include an updated cost construction estimate. f. Submit a set of plans and specifications to the CITY for review at the 90% stage of completion. Submittal shall include an updated construction cost estimate. 2of9 g. Final submittal of plans and specifications including a final 1✓ ' construction cost estimate. 3. Site Survey The survey work shall be subcontracted by ARCHITECT to Keith Bush. 4. Soils Investigation The soils investigation shall be subcontracted to Moore and Taber. B. ADDITIONAL DESIGN SERVICES 1. Additional design services to be provided by ARCHITECT under this contract, only if authorized in advance in writing by CITY include: a. Seismic water table fluctuation and liquefaction infor- mation. C. REIMBURSABLE EXPENSES Reimbursable expenses under this contract include: 1. Duplication, printing, and related charges. 2. Computer- assisted drafting design. D. Design Services Not Provided Design services not provided under this Contract include: 1. Revisions to Contract documents following approval by the City Council; changes in scope or modifications of the PROJECT; or design of any work off the designated site. 2. Revisions to Contract documents required by the enactment or revisions of codes, laws, or regulations subsequent to the preparation of such contract documents; or as due to other causes not solely within control of ARCHITECT. 3. Environmental documents; special use permits; or other special applications other than building permits. 4. Presentation drawings, artists renderings, or other graphic presentation work other than ARCHITECT's study sketches. 5. Interior design. 6. Overtime. 7. Construction supervision. 8. Contract administration. 3 o 9 0 IV. REPORTS 0 Every report, draft, work product, map, record and other document pre- pared by ARCHITECT under this Agreement shall be the property of CITY. CITY shall make no use of materials prepared by ARCHITECT pursuant to this Agreement, except for construction, repair and maintenance of the PROJECT. Any use of such documents for other projects, and any use of uncompleted documents shall be at the sole risk of the CITY and without liability or legal exposure of the ARCHITECT. V. STANDARD Of CARE ARCHITECT states and declares that all services performed hereunder shall be provided in a manner commensurate with the professional standards applicable to architects of Orange County, California, and shall be performed by qualified and experienced personnel. VI. INSURANCE ARCHITECT shall maintain the following insurance coverage: A. Liability Insurance General liability coverage in the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggretate Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. B. Subrogation Waiver ARCHITECT agrees that in the event of workers' compensation loss, ARCHITECT shall look solely to ARCHITECT's insurance for recovery. ARCHITECT hereby grants to CITY, on behalf of any insurer providing workers' compensation insurance to either ARCHITECT or CITY with respect to the services of ARCHITECT herein, a waiver of any right of subroga tion which any such insurer of said ARCHITECT may acquire against CITY by virtue of the payment of any loss under such insurance. C. Additional Insured CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under the general liability policy required under this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under 4 o 9 0 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 addi- tional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. VII. INDEPENDENT PARTIES ARCHITECT and CITY intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of ARCHITECT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. VIII. COMPENSATION A. Amount of Compensation for Services 1. Basic design services. a. Compensation for basic design services will be paid for on the basis of a fixed fee. The total costs for all basic design services to be provided under this Agreement shall be Thirty -one Thousand Seven Hundred Dollars ($31,700) and shall not be increased without prior written approval of CITY. b. Compensation for basic design services shall be as follows: (1) Preliminary Design $ 3,150.00 (2) Final Design $ 2,100.00 (3) Survey (subcontract to Keith Bush) $ 1,500.00 (4) Soils Investigation for Design Purposes (subcontract to Moore & Taber) $ 2,200.00 (5) Construction Contract Documents (the following number of sheets are anticipated) $21,350.00 Architectural 3 Structural 2 Mechanical 1 Electrical 1 Landscape 1 (Short form specifications will be provided) (6) Computer /CADD $ 1,200.00 (7) Printing $ 200.00 SUBTOTAL (Basic Design Services) $31,700.00 2. Additional design services. 5of9 0 0 a. Compensation for the following additional design services, if required by CITY, will be paid for on the basis of fixed fees as follows: (1) Seismic water table fluctuation, and liquefaction information. $ 3,100.00 b. Compensation for other additional design services shall be paid for at the following rates: (1) Hourly rates Project Manager $70.00 per hour Engineer or Architect $60.00 per hour Draftsman or Technician $35.00 per hour Clerical $26.00 per hour (2) Miscellaneous Costs 110% of direct cost to ARCHITECT B. Change in Scope of Project The scope of the PROJECT may be changed and the fixed fee revised upon prior written approval of CITY if the increase in the fixed fee does not exceed ten percent (10 %) of the fixed fee listed above. Any revisions to the scope of the PROJECT which would result in an increase in the fixed fee exceeding ten percent (10 %) of the fixed fee listed above may be approved by CITY pursuant to a written amendment to this contract. C. Manner of Commencement 1. ARCHITECT shall commence performance upon receipt of a written Notice to Proceed. No Notice to Proceed shall be issued and no services shall be performed by ARCHITECT or paid for by CITY until such time as ARCHITECT has provided CITY and CITY has accepted a certificate or endorsement of insurance coverage. D. Method of Payment Progress payments will be made to ARCHITECT monthly. Every month ARCHITECT shall submit a detailed and itemized invoice which contains the following information on the preceding month. 1. The amount due for Basic Services. 2. The amount due for approved Additional Services. 3. The amount due for reimbursable services together with copies of invoices, receipts and actual costs. 6 o 9 F. RECORDS ARCHITECT shall maintain records on services provided in sufficient detail to permit an evaluation of services. All such records shall be main- tained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible to CITY during normal business hours. 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. IX. HOLD HARMLESS ARCHITECT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, and employees from and -against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, arising from the negligent performance of services or work by ARCHITECT pursuant to this Agreement. X. WAIVER A waiver by CITY of any breach of any term, covenant, or condition con- tained 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 differenct character. XI. RIGHT OF TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepaid, addressed to the other party's business office. In the event of termination due to fault of ARCHITECT, CITY shall be obligated to compensate ARCHITECT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of ARCHITECT, CITY agrees to compensate ARCHITECT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedules con- tained above, subject to any maximum amount to be received for any specific ser- vice. XII. 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 7 o 9 Li 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: City of Newport Beach Public Works Department P. 0. Box 1768 Newport Beach, CA 92658 -8915 All notices, demands, requests, or approvals from CITY to ARCHITECT shall be addressed to ARCHITECT at: Boyle Engineering Corporation Architect- Engineer Division 1501 Quail Street P.O. Box 3030 Newport Beach, CA 92658 -9020 XIII. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties 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. XIV. MISCELLANEOUS This Agreement shall be binding on and inure to the benefit of the heirs, successors, assigns and legal representatives of the parties. Neither party shall, assign, sublet, or transfer his interest in this Agreement without written consent of the other. XV. CONSTRUCTION DOCUMENTS The City will require that any Contractor performing work in connection with the construction contract documents produced under this Agreement to hold harmless, indemnify and defend the City, the ARCHITECT, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses, damages and costs, including attorneys' fees, arising out of or alleged to arise from the Contractor's negligence in the performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of the CITY, the ARCHITECT, their con- sultants or their officers, agents and employees. The CITY will require the Contractor to provide workers' compensation and comprehensive general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Contractor's indemnity, as above required; and, such insurance will include the CITY, the ARCHITECT, their consultants, and each of their officers, agents and employees as additional insureds. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST): City Clerk APPROVED AS TO FORM: i % \ - LC \� City Attorney CITY OF NEWPORT BEACH, a Municipal Corporation By LZL� Eity- Menager/ Mayor Pro Tem CITY BOYLE ENGINEERING CORPORATION 5 of9 Victor E. dpincar Managing Engineer October 16, 1986 TO: CITY CLERK FROM: Public Works Department SUBJECT: Proposed New Public Restrooms at Newport Pier and at Fifteenth Street Contract No. 2624 Please have the City Clerk execute the attached original and copy of the subject agreement and return the copy to Public Works Department. j Kenneth L. Perry Office Engineer KLP(bjm Attachments (2) AGREEMENT REGARDING TRANSFER OF MOBILEHOME SPACE AND COMPENSATION FOR SERVICES AND COSTS NEWPORT MARINAPARK (Mobilehome Space No.6 -B ) C- ->62,s- QY ME MY C€IONCIL CITY OF N£iy'PngT p- CH OCT 13 1986 -____APPROVED WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain mobilehome spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease between Eli Elman (hereinafter "Lessee ") and the City of Newport Beach, executed on October 1, 1985 , (hereinafter "Lease ") a Lessee of a mobilehome space in Marinapark cannot transfer the mobilehome space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to the Lease, Lessee has requested the transfer of a mobilehome space and also requested that the City perform certain services and incur certain administrative costs in connection with the transfer of the mobilehome space; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the transfer of Mobilehome Space No. 6 -B in Marinapark and agreement of Lessee to compensate the City for services performed and costs incurred in connection with the transfer. NOW, THEREFORE, the City of Newport Beach hereby consents to Lessee's transfer of all right and interest to Mobilehome Space No. 6-B to Richard P. Kratz as Vendee. Lessee agrees to pay to the City of Newport Beach $ 21500,OOto reimburse the City for performance of certain services and cover administrative costs as provided in the -1- I, i • f Lease. Lessee agrees that said sum is reasonable compensation for the performance of services and reimbursement for administrative costs in connection with the transfer of the mobilehome space. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to comply with all of the terms, covenants and conditions including but not limited to the Section pertaining to Term of the Lease, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the 28 day of September , 19 86 ATTEST: City Clerk P ROVE S O FORM City Attorney Z LESSEE Eli ELI EI14AN VENDEE RICHARD P. KRATZ CITY OF NEWPORT BEACH A Municipal Corporation -2- REQUEST FOR SERVICES • I, F11 Flo , entered into a Lease with the City of Newport Beach on Octabertl, 1985 (hereinafter "Lease ".) Pursuant to the Lease, I request a transfer of Mobilehome Space 6-B , to Richard P. Kratz , as Vendee. I request that the City perform the following services in connection with the transfer: inspection of the site, preparation of transfer documents, analysis and investigation of information on Vendee, explanation of terms of Lease and Marina Park rules and regulations to Vendee, preparation of reports, agendizing and obtaining City Council approval of transfer and other necessary services to effectuate the transfer of from Lessee to Vendee. I agree to pay the City the sum of $ 2,500.00 to reimburse the City for performance of the above services. I agree that this sum is a reasonable amount to compensate the City for performance of the requested services in connection with the transfer of my Mobilehome Space. V Dated: September 28, 1986 Signed: Eli Elman