HomeMy WebLinkAboutC-2658(A) - Design Services for Rehabilitation of Lincoln School Athletic FacilitiesCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: December 21, 1987
(714) 644 -3005
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SUBJECT: Contract No. C- 2658(A)
Description of Contract Agreement for Design Services for
Rehabilitation of Lincoln School Athletic Facilities
Effective date of Contract December 18, 1987
Authorized by Minute Action, approved on December 14, 1987
Contract with Recreation Systems, Inc.
Address 1230 North Jefferson, Suite K
Anaheim, CA 92807
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
December 14, 1987
DEC 141987
CITY COUNCIL AGENDA
APPROVED
— ITEM N0. F -3(b)
TO: CITY COUNCIL
FROM: Public Works Department and Parks, Beaches, and Recreation Department
SUBJECT: REHABILITATION OF LINCOLN SCHOOL ATHLETIC FACILITIES (Contract 2658)
RECOMMENDATIONS:
1. Approve a design services Agreement with Recreation Systems,
Incorporated to prepare plans and specifications to rehabilitate
athletic facilities at Lincoln School for the sum of $39,920.00
2. Authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The 1987 -88 budget contains an appropriation of $756,000 to
rehabilitate Lincoln School Athletic facilities. The project will provide for
complete redevelopment and rehabilitation of the athletic facilities. The
• location is shown on the attached sketch.
Several design firms were interviewed on the basis of their
qualifications. The Parks, Beaches, and Recreation Department recommended
that the firm of Recreation Systems, Incorporated be selected to submit a
proposal. Recreation Systems selection was based on its specialization in
local government recreation facilities, plus a commitment to design a cost
effective project.
The source of the funds is as follows:
City Park and Recreation Fund $295,000.00
Competitive grant from State of California $280,000.00
1986 California Bond Act $181,000.00
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• Benjamin B. Nolan
Public Works Director
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Attachment
Total $756,000.00
Ronald A. Whitley
P. B. & R. Director
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CITY OF NEWPORT BEACH
AGREEMENT FOR DESIGN SERVICES
FOR
REHABILITATION OF LINCOLN SCHOOL ATHLETIC FACILITIES
THIS AGREEMENT entered into on this /&' - day of
1987, by the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "CITY ", and RECREATION SYSTEMS, INC., whose address is 1230 North
Jefferson, Suite K, Anaheim, CA 92807 (hereinafter referred to as "ARCHITECT "),
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 ARCHITECT desire to enter into a professional services
agreement for preparation of plans and specifications to rehabilitate athletic
facilities located at the Lincoln School, 3101 Pacific View Drive, in the City
of Newport Beach, California, 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 estimate
for rehabilitating existing athletic facilities, including playing fields, an
existing gymnasium building and site improvements, based on a scope of work
that has been prepared by CITY and approved by ARCHITECT.
2. Bidding Phase
a. Assist CITY during the bidding phase.
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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 Thirty -Nine Thousand Nine Hundred Twenty
Dollars ($39,920) and shall not be increased without prior written approval of
CITY.
b. For the purpose of computing compensation, the basic design
services shall have the following value:
(1) Construction documents Phase 90%
(2) Bidding Phase 10%
2. For Additional Services
a. Additional services will only be paid for if authorized in
advance by CITY in writing. Additional services shall be paid for at the
following hourly rates
by ARCHITECT.
charges.
include:
Principal
$70.00
Project Coordinator
$55.00
Consulting Architect (Principal)
$65.00
Consulting Architect
$55.00
Consulting Engineer
$55.00
Consulting Landscapt Architect
$45.00
Landscape Architect /Designer
$40.00
Draftsperson
$30.00
Technical Typist
$25.00
3. For Reimbursable Expenses
a. Reimbursable expenses will be paid for at the direct cost
b. Reimbursable expenses under this contract include:
(1) Miscellaneous duplication, printing, and related
(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 enact-
ment 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.
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(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.
A. Method of Payment
Payments for basic design services will be made to ARCHITECT
monthly by CITY as follows:
1. 10% of the total amount earned will be withheld until the
completion the bidding phase.
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. 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
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 $756,000, as follows:
Architectural Fees, not including reimbursable costs $ 39,920
Contract Cost
706,000
Miscellaneous and Contingent Costs 10,080
Total $756,000
a. Architectural fees include reimbursable cost items.
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b. Miscellaneous and contingent costs include costs expended
directly by CITY including reproduction of contract documents, and professional
fees not included in basic design services.
SECTION 4. STANDARD OF CARE
ARCHITECT represents that all services performed hereunder shall be
provided in a manner commensurate with the professional standard of care 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 ARCHITECT. Payment of the above items, if required, are the
responsibility of ARCHITECT.
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 performance of
services or negligent 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 agreed 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 $1,000,000.
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.
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SECTION 9. PERMITS AND LICENSES
ARCHITECT, at his 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 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
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.
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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:
Recreation Systems, Inc.
1230 North Jefferson, Suite K
Anaheim, CA 92807
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
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
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 has been secured from 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 CITY.
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SECTION 17. NUISANCE
ARCHITECT 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. 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 19. 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 20. 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.
CITY OF
APPROVED AS TO FORM: a unic
JRECR
Ci °Atttbrney
ATTEST:
City Clerk
Cor,j%r r n
SYSTEMS, INC.
CITY
ITECT