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HomeMy WebLinkAboutC-2773(B) - Oasis Improvements - Phase I (Relocating Garden Plots)• 0 September 24, 1990 CITY COUNCIL AGENDA ITEM NO. f -2(f) TO: City Council �D- 9y i FROM: Public Works Department -Z 7 73 SUBJECT: RELOCATING GARDEN PLOTS AT OASIS (Contract No. Q423) RECOMMENDATIONS: 1. Reject all bids for the project received August 29, 1990, for the project. 2. Adopt a resolution declaring and determining that, based on estimates approved by the City Manager, the work may be performed better and more economically by the City with its own forces, and by purchasing the supplies and materials on the open market. DISCUSSION: At 11:00 A.M. on August 29, 1990, nine bids were opened and read for Contract No. 2-723 as follows: X773 Bidder Bid 1. Marina Contractors, Inc., $ 68,513.00 Irvine 2. Clayton Engineering, 96,612.00 Laguna Hills 3. Los Angeles Engineering, Inc. 99,036.50 Baldwin Park 4. Lambaren Contractors, Inc., 108,911.00 E1 Toro 5. Damon Construction Co., 115,993.00 Carson 6. Blackjack Construction, Inc., 119,626.00 • Walnut 7. Nobest, Inc., 131,860.00 Westminster 8. William Murray, 135,160.00 Riverside 9. Ryco Construction, 142,241.00 Gardena Subject: Relocating Garden Plots at Oasis (C- 2.9-23) September 24, 1990 z773 Page 2 • The apparent low bid is 8.65% under the Engineer's Estimate of $ 75,000; however, the bidder has submitted a letter stating that $101,756.00 was omitted from his bid, and requesting that he be relieved of his bid and that his bid bond be returned. A copy of the letter is attached. The second low bid is 28.8% over the Engineer's Estimate. The architect for the OASIS improvements is the Blurock Partnership, of Newport Beach. The landscape architect for the garden plots is Eichenberger Associates, of Costa Mesa. The estimated date of completion of relocating the garden plots is October 31, 1990. The estimated cost of the project using City forces and purchasing supplies and materials on the open market is $52,000 as follows: Remove trees $ 1,000 Grading 1,500 V Drain 3,500 Sidewalks 15,000 Fencing 15,000 Water supply 2,000 Sub - drains 5,000 Garden plots 5,000 Soil amendments 4.000 Total $ 52,000 The OASIS improvement project consists of a $785,000 program to relocate garden plots, enlarge the parking lot, and construct a new Human Services Building. Relocation of the garden plots is the first step in the program to expand the OASIS Center. The expanded parking lot will be expanded to include the area presently occupied by the garden plots, and the Human Services Building will encroach into the area now occupied by the parking lot. The location is shown on the attached sketch. The source of funding is as follows: Building Excise Tax: . Parks & Recreation Fund: State bond funds: Total Parking LOT $ 35,000 Human Services Building 522,000 Human Services Building 228,000 $ 785,000 To date the City has appropriated $35,000 from the Building Excise Tax Fund and $500,000 from the Parks & Recreation Fund. The plan is for the City to appropriate an additional $250,000 from the Park & Recreation Fund in 1991 -92, and to credit the State funds to the Park & Recreation Fund. 0 0 Subject: Relocating Garden Plots at Oasis (C -2723) September 24, 1990 Page 2 • Recommendation that City forces construct the project is based on the following rationale: 1. The cost of construction by a general engineering contractor is estimated to be approximately $100,000. The cost of construction by City forces is estimated to be $52,000. 2. Relocation of the garden plots is not worth $100,000 unless additional funds are committed. Also, constructing the garden plots as designed will require the size and scope of the Human Services Building to be reduced. 3. The overhead costs of a general engineering contractor make it uneconomical to perform a contract of this limited scope. 4. The time required to re -bid the project using the formal bid procedure will delay construction into the rainy season; whereas, the combination of informal contract • procedure and the use of City forces should require less time. 5. The informal contract procedure will be used for the two items to be subcontracted out, sidewalk and fencing. Each of these items is estimated to cost less than $30,000 each, the charter limit for informal contracts. 6. There will be no mobilization costs. 7. The work to be done by the City forces such as tree removal, construction of sub - drains and water supply, and amending soil is the type of work routinely done by the P.B & R. Department crews. The planter beds, except for three reserved for handicapped and wheel chair persons, will not be raised except for low redwood headers. • r Qk 2 enjamin B. Nolan Public Works Director KLP:so Attachment Ronald A. Whitley P.B. & R. Directo 0 August 31, 1990 •City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92659 -1768 Attention: Ken Perry Reference: Oasis Improvements - Phase I Dear Mr. Perry: 0 MAMMA CERTIFIED MAIL On August 29, 1990, Marina Contractors, Inc. submitted a bid for the installation of the landscaping and irrigation for the above - referenced project. After our bid was submitted, we re- examined our spreadsheet and discovered an error in the calculations. The formula in the spreadsheet which accumulates all the totals was not input correctly, which inadvertently resulted in a $101,756.00 omission on our bid. In light of the above, Marina Contractors, Inc. respectfully requests to be relieved from this bid and that our bid bond be • returned. This notification was made in accordance with the statutes of the California Government Code, Section 14352: A. A mistake was made. B. Marina Contractors, Inc. gave written notice within five (5) days and specified in detail how the mistake occurred. C. The mistake made the bid materially different than we intended it to be. D. The mistake was made in filling -out the bid and not an error in judgment or carelessness in inspecting the site or in reading plans and specifications. In conclusion, we would appreciate it if you would keep this office informed concerning your decision since this matter is of great concern to us. • Sincer ly ' MARIN C NTRACTORS, INC. �LL C. Richard Cowan CRC /KP -1 PUUUI: tyC'k1(g SfP 0 4 1990 6 N£+lr „ tiA C.y CiiUF MARINA CONTRACTORS, INC. 41 Corporate Park, Suite 200 • P.O. Box 18410, Irvine, CA 92714 Contradofs License No. 502155 Phone (714) 975 -1400 Fax (714) 553 -8073 • � Oo 00 CD r e 1 �n � N O � 3 �Y �i �2 --- v o 0 0 �►Ey� Kiu2ptN6 I � d t E I., 1 hn 11 l I1. I •.Sa .. .. 1 ik�.x •.Sa .. .. RESOLUTION NO. 90-99 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF NEWPORT BEACH, CALIFORNIA, DECLARING THAT THE RELOCATION OF THE OASIS GARDEN PLOTS CAN BE PERFORMED BETTER AND MORE ECONOMICALLY BY CITY FORCES THAN BY PRIVATE CONTRACTORS. WHEREAS, the City has embarked upon a program to expand the Oasis Center and the first phase of the expansion plan is relocation of existing garden plots; and WHEREAS, the estimated cost of relocating the garden plots using City forces is $52,000.00, and this estimate has been approved by the City Manager; and WHEREAS, the lowest bid for the project received from private contractors willing to perform the work is $44,000.00 more than the cost using City forces; and WHEREAS, City employees are capable of performing better work than private forces in that they are familiar with the project and possess skills equal to or greater than the employees of private contractors; and WHEREAS, the City Council is empowered, pursuant to the provisions of Section 1110 of the City Charter, to authorize public works to be performed by City forces, without advertising bids or after rejecting bids, upon a determination that the work can be performed better and more economically by the City with its own employees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby finds and declares that the relocation of the Oasis garden plots will be performed better and more economically by the City with its own employees than if the work were to be performed by private contractors; and SECTION 2. The City Manager is hereby authorized to use City forces to relocate the Oasis garden plots. PASSED, APPROVED AND ADOPTED ON SEPTEMBER 24, 1990. II 1L �_ ATTEST: City Clerk August 13, 1990 by f- t- EI COUNCIL CITY OF NEWPORT BEACH CITY COUNCIL AGENDA ITEM NO. F -23 AUG 1 3 I ter. TO: City Council FROM: Public Works Department SUBJECT: OASIS IMPROVEMENTS - PHA (Relocating Garden Plots) C -2773 RECOMMENDATION: At its July 9, 1990 meeting, the City Council approved this contract and established its bid opening for 11:00 A.M. on August 15th. Subsequently, staff discovered numerous discrepancies in the consultant's plans, specifications, and bid proposal for the project. Staff has revised and reissued these documents to prospective bidders. Accordingly, staff recommends that the bid opening be delayed for two weeks so that bidders may have ample time to prepare their bids. Because of construction estimate $75,000. G �- a a Benjamin B. Nolan Public Works Director • LD:so omissions and inaccurate calculations, the has also been revised from $54,295 to Ronald A. Whitley Parks, Beaches & Recr tion Director y y / 1 J TO: City Council FROM: Public Works Department 7 SUBJECT: RELOCATING GARDEN PLOTS AT OASIS (C -2723) RECOMMENDATIONS: 1. Approve the plans and specifications. July 9, 1990 CITY COUNCIL AGENDA ITEM NO. F -11 JUL 91990 2. Authorize the City Clerk to -4-ra-1-j�@, fn hid= to he The 1989 -90 budget contains from the Parks and Recreation fund as year $750,000 program to provide impri program was developed and paid for by working plans and specifications have • Partnership, Newport Beach. an appropriation of $250,000 the first installment of a three 3vements at OASIS. The design the Friends of Oasis. The been prepared by the Blurock The project includes constructing a new administrative services building and a carport; remodeling the existing multi - purpose building; enlarging the parking lot; and relocating the garden plots. Before the parking lot can be enlarged the existing garden plots must be relocated; therefore, the garden plots will be relocated under Contract No. 2723, and the other improvements will be constructed later under a separate contract. Contract No. 27 27 3 includes constructing 45 garden plots with a subdrainage system, water supply, sidewalks around and between the plots, a perimeter fence, and a drainage Swale at the foot of the slope along the northerly property line. The location is shown on the attached sketch. The architect's estimate for the construction contract is $54,295. The estimated date of completion of the garden plots is October 31, 1990. Benjamin B. Nolan Ronald A. Whitley Public Works Director Parks, Beaches & Recreation Director KLP:so Attachment L� • �n � N O W ia 0 Ul�rcissus Avg (" m Ll A d p 0 e.. Authorized to Publish Advertisements of . kinds including public notices by Decree of the Superior Court of Orange Courtly, California, Number A-6214, September 29, 1961, and A -24831 June 11, 1963 STATE OF CALIFORNIA County of Orange am a Citizen of the United States and.a resident of. the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: July 13, 18, 1990 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 1s, 199 0 at Costa Mesa, California. Signature PROOF OF PUBLICATION NOTICE INVITING BIDS Scaled bids may be Delved at the office, of .,Ity Clerk, 3300 N" Boulevard, P. O. BOX 1 Newport Beach, 92659 -1768 until 11M on the 15th day of Au 1990, at which time bids shall.be opened read for Title of ProlOCh C oved by the City I this 9th day, of July, IDA E. RAG' City psctive bidders may one set of bid docu- at no coat at the office Public Works Depart - ,'3300 Newport ,,d, P. O. Box 1768, sort Beach, CA - 1768.. further 'information, armed, Perry. Project r r et 644 -3311. hed Orange Coast Pilot July 13, 18, 1990 FW630 �j CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: May 25, 1990 (714) 6443005 SUBJECT: Contract No. C- 2773(A) Description of Contract Agreement for Architectural Services for Oasis Senior Citizens Facility Remodeling Effective date of Contract May 24, 1990 Authorized by Minute Action, approved on March 12, 1990 Contract with WBP Inc. Address doing business as the Blurock Partnership 2300 Newport Boulevard Newport Beach, CA 92663 Amount of Contract (See Agreement) k � 6e. 4fe Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • TO: City Council FROM: Public Works BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAR 12 n March 12, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(b) C - z773 (A� 7 SUBJECT: OASIS SENIOR CITIZENS FACILITY REMODELING (C- 27$3) RECOMMENDATIONS: 1. Approve a professional services agreement with W.P B., Inc., a California corporation doing business as the Blurock Partnership, to provide professional design services for remodeling OASIS Senior Citizens Facility in the amount of $51,750.00. 2. Authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The 1989 -90 budget contains an appropriation of $250,000 from the Parks and Recreation Fund as the first part of a three • year funding program of $750,000 to construct a new human services building at OASIS. State of California bond funds are providing $210,000 of the total cost. Second and third year appropriations will be requested in the 1990 -91 and 1991 -92 budgets. Three architectural firms were invited to submit statements of qualifications to provide design services. After review of the qualifications and interviews by the staff, the Blurock Partnership was invited to submit a proposal to design the project. The Blurock firm has in the past designed the present main library and Mariners branch library for the City; the Performing Arts Center; numerous schools and public buildings for all levels of government; and is the local architect associated with designer of the proposed new Newport Harbor Art Museum. The total project budget is $750,000, as follows: Building and site construction budget $ 650,000 • Survey, soils report, testing and inspection, outside consultants, and miscellaneous contingencies 48,250 Architectural design contract 51,750 Total budget estimate, excluding planting irrigation, and furnishings $ 750,000 <3J Subject: Oasis Soor Citizens Facility Remdeling (C -2733) March 12, 1990 Page 2 The redevelopment program will be based on a design development • report prepared by Recreation Systems, Inc. and paid for by the Friends of OASIS. The salient features of the program consist of moving the garden plots to make way for enlarging the parking lot; remodeling the multi - purpose building so that it can be divided by movable partitions and used for more than one activity at one time; constructing new office space near the multi - purpose room; and constructing a carport for three vans. Compensation will be based upon eight and one -half percent (Sk %) of the total construction contract budget of $650,000, less a credit of $3,500.00 for the schematic design development report previously commissioned and paid for by the Friends of OASIS. • 40 It is estimated that preparation of plans and approvals will require four months; construction will require twelve months; therefore, the earliest estimated date of completion will be April 30, 1992. Attached are sketches from the design development report showing the existing facility and the proposed development program. The Friends of OASIS, the staff, and the Blurock Partnership agree that the new addition to the multi - purpose building may be a separate structure. Benjamin B. Nolan Public Works Director KLP:so Attachment Ronald A. Whitley P.B. & R. Director 0 a _N n N N M E 0 om »-j m M m mr x a z _N O Z I.- e P 0 site plan recreation systems incorporated m . 4 CD o"s wsnlw c9n1w v ^ A recreation systems Incorporated �A� aoil E Q A recreation systems Incorporated �A� r C - z 773 (A) AGREEMENT FOR ARCHITECTURAL SERVICES This is an Agreement, dated the day of , 1990 for purposes of identification, between the CITY OF NEWP RT BEACH ( "CITY ") and W.B.P., Inc. (a California corporation) doing business as THE BLUROCK PARTNERSHIP ( "ARCHITECT ") for architectural services. CITY is retaining ARCHITECT to design improvements to the existing OASIS senior citizens center located at 800 Marguerite Avenue, Corona Del Mar, California. CITY and ARCHITECT agree as follows: I PROJECT CONSTRAINTS AND CONSIDERATIONS This section describes the Project the City desires ARCHITECT to design, and some of the constraints, including budgetary considerations, associated with the Project. The provisions of this section shall serve as a guide to the Parties in their dealings, in resolving disputes, and shall control in the event of any conflict with any other provisions of this Agreement. A. CITY intends to make improvements to an existing senior citizens facility located on a parcel of real property located at the northeasterly corner of the intersection of Marguerite Avenue and Fifth Avenue in Corona Del Mar ( "OASIS Site "). B. The facilities to be designed by ARCHITECT include preparation and submittal of plans, specifications, and estimates for the following: site. 1. A grading and drainage master plan for the entire 2. Relocation of existing garden plots to a different location on the site. 3. A new administration building of approximately 3,730 square feet. 4. A new carport for three vans. 5. Remodeling the existing multi - purpose room. 6. Remodeling and enlarging the existing parking lot. 7. Site improvements including parking, drainage, grading, utilities and landscaping. 1 i 1 9 0 C. CITY has allocated $750,000 ( "Budget ") for construction of the Project. The Budget includes, without limitation, construction costs, architectural fees, engineering and consulting fees, and all other costs associated with the Project. The estimated construction contract cost is $650,000. The Budget represents the maximum amount of money the CITY presently intends to spend on the Project and ARCHITECT believes the funds allocated are adequate to fund anticipated costs assuming construction commences on or before January 1, 1991. ARCHITECT shall design the Project so that construction costs do not exceed the Budget. D. The City Council may, during the course of this Agreement, increase the Budget to reflect changes in area wide construction costs, consulting fees or related expenses. II ARCHITECT'S SERVICES A. Basic Services ARCHITECT's basic services, including those performed by consultants, consist of the duties described in this section, including, normal civil, structural, mechanical, electrical and acoustical engineering services, lighting design services, landscape architecture, interior design services, on -grade parking design, and such other services as are necessary to design, develop working drawings for, and administer construction of, the Project. The following items are not included in ARCHITECT'S basic services: preparation of a site survey; preparation of a soils report and recommendations; and preparation of a soils analysis. B. Schematic Design Phase A Schematic Design Phase program has been essentially completed by a consulting firm, and is set forth in a report captioned "R.S.I. Design Development Report ". ARCHITECT is to produce preliminary structural and site utilization plans that are consistent with the program set forth in the Design Development Report, and the Budget. ARCHITECT shall perform the following services during this phase: 2 • 1. ARCHITECT shall meet, as often as necessary, with CITY to determine basic Project requirements and discuss preliminary site utilization plans. 2. Prepare and submit to CITY, for review and comment, a conceptual site plan, roof plan, elevations, floor plans showing furniture, as well as an analysis of the Project and construction budget, each in terms of the other, and an evaluation of alternative approaches to design and construction of the Project that could ensure compliance with the Budget. 3. ARCHITECT shall then prepare, for approval by the City Council, schematic design documents consisting of drawings and /or models illustrating the scale and relationship of Project components, all consistent with direction given by CITY after review of the Conceptual Site Plan. 4. ARCHITECT shall submit a preliminary estimate of the cost of constructing the Project represented by the schematic design documents. C. Design Development Phase Assuming approval by the City Council of the schematic design documents, and upon issuance of a written work authorization by the Public Works Department, ARCHITECT shall prepare design development documents consisting of drawings and specifications that depict the size and character of the Project in terms of architectural, structural, mechanical and electrical systems, basic materials, and onsite improvements. Documents to be prepared shall include, without limitation, a site plan, floor plan, roof plan, exterior elevations, building sections, wall sections, outline specifications, and rendering. ARCHITECT shall also prepare, and submit to CITY, a detailed estimate of construction costs. ARCHITECT shall receive no additional compensation for any work required to redesign the Project, or revise appropriate drawings, to bring cost estimates or bids into conformance with the Budget. D. Construction Documents Phase The purpose of the Construction Documents Phase is to prepare working drawings to be submitted in conjunction with a notice inviting bids and to revise these documents as necessary to conform the Project to the Budget. The Construction Documents Phase will 3 0 0 commence upon City Council approval of the design development documents and approval of a written authorization to proceed with the work. ARCHITECT shall perform the following services during this phase: 1. Advise CITY of any adjustments to previous estimates of constructions costs including those resulting from a general increase in the cost of labor or material. 2. Based upon approved design development documents, prepare construction documents consisting of drawings and specifications setting forth, in detail, all requirements for construction of the Project. 3. Assist CITY in the preparation of necessary bidding information, bidding forms, contracts, specifications and other documents associated with the notice inviting bids. contractors. 4. Assist CITY in obtaining proposals from 5. In the event the lowest responsible bid for construction of the Project, when combined with other fees, costs and expenses, exceeds the Budget, ARCHITECT shall revise the construction documents as many times as necessary to secure a bid consistent with the Budget. ARCHITECT shall receive no additional fee or compensation for services performed in conjunction with the revision or revisions required by this sub - paragraph. CITY shall cooperate with ARCHITECT in efforts to adjust the scope and /or quality of construction to conform the cost to the Budget. E. Construction Phase In the event the City Council awards a contract for construction of the Project, ARCHITECT shall do the following: 1. Visit the OASIS site at intervals appropriate to the stage of construction or as otherwise agreed by the CITY and ARCHITECT, to become generally familiar with the progress and quality of the work and to determine if the work is being performed in accordance with contract documents. ARCHITECT shall not be required to make exhaustive or continuous onsite inspections to assess the quality or quantity of work and shall not be responsible for the contractor's failure to carry out the work in accordance with contract documents. 4 0 2. ARCHITECT shall provide regular reports regarding the progress of construction and the quality of work and advise CITY of any defects and deficiencies in the quality of contractor's work. 3. Review and make recommendations regarding proposals for the substitution of materials and equipment. 4. Review and certify amounts due contractor based upon ARCHITECT's observations and the evaluation of applications for payment. 5. Preparation of change order requests, including all drawings or specifications necessary to describe the work to be added, deleted or modified. 6. Prepare "record" drawings based upon change orders and addenda to the extent approved by the CITY and incorporated into the construction of the Project. 7. Assist CITY in obtaining proposals from, and in the selection of, certain consultants to be utilized during construction of the Project. III CITY RESPONSIBILITIES CITY shall, at its sole cost and expense, provided the information, assistance, surveys and reports described in this section. ARCHITECT shall be entitled to rely upon the accuracy of all services, information, surveys and reports furnished by CITY. A. CITY shall furnish ARCHITECT with full information regarding Project requirements, including the Budget and any amendments, as well as special design, systems, or site criteria or constraints not specified in this Agreement. B. CITY hereby designates the Public Works Director or his authorized representative(s) with authority to make appropriate decisions and give required direction to ARCHITECT during the design phases and assist in complying with any administrative procedures required by law. CITY representative(s) shall review materials submitted by ARCHITECT and render decisions as soon as reasonably possible. CITY representatives shall be authorized to bind the CITY except when City Council approval is required. 0 E [7] C. CITY shall furnish a topographic survey of the site giving, as applicable, grades and lines of streets, pavements and adjoining property, rights of way, restrictions, easements, utilities, site plans, boundaries, contours, dimensions, and other data necessary or appropriate to design the Project. D. CITY shall furnish a reliminary and final soil report including test borings, soil classification, soil bearing values, percolation tests, evaluations of hazardous materials, if any, and other data necessary to define subsoil conditions and bearing values for foundations. E. CITY shall furnish a soils analysis for the purpose of designing soils amendments in the garden plot area and other landscaped areas. F. CITY shall furnish Project management during the Construction Phase, including detailed structural, mechanical, pollution, hazardous material and other laboratory and environmental tests, inspections and reports required by the contract documents or any provision of law. G. The consultants retained by CITY to prepare the topographic survey, and soils report, and soils analysis shall be approved by ARCHITECT. IV COMPENSATION A. Architectural Services 1. ARCHITECT shall be compensated for services performed pursuant to this Agreement on the basis of a fixed fee of fifty one thousand seven hundred fifty dollars ($51,750). This represents eight and one -half percent (81 %) of a construction contract budget of $650,000 ($55,250), less a credit of $3,500 for work previously done by another consultant on the Design Development Report. Progress payments to ARCHITECT will be made according to the following schedule: (a) Upon completion of Schematic Design Phase - 20% of $55,250, less $3,500. of $55,250. (c) Upon completion of Design Development Phase: 15% 2 45% of $55,250. $55,250. 0 • (d) Upon completion of Construction Documents Phase: (e) Upon completion of Construction Phase: 20% of 2. The total amount paid to ARCHITECT pursuant to this Agreement, exclusive of compensation for additional services or reimbursable expenses, shall not exceed $51,750. B. Time of Payment CITY shall pay sums due ARCHITECT within thirty days after receipt of appropriate invoices, provided, however, ARCHITECT shall not receive compensation in excess of 75% of the total amount due upon completion of any phase until satisfaction of conditions precedent to full payment (the execution of this Agreement and completion of the Schematic Design, Design Development and Construction Document Phases). Compensation due during the Construction Administration Phase shall be paid in equal monthly installments commencing thirty (30) days after construction begins. C. Reimbursable Expenses Reimbursable expenses are actual costs incurred by ARCHITECT outside of normal expenses associated with the performance of basic or additional services. Reimbursable expenses include, by way of illustration, costs actually incurred by ARCHITECT for travel, meals and lodging, long distance communications, reproductions, posters, photography and messenger services, and the production of models and mock -ups provided however, reimbursable expenses shall be incurred only when pre- approved by the CITY pursuant to a properly executed work authorization. Reimbursable expenses shall be paid within thirty (30) days after receipt of an invoice and appropriate supporting documentation. V OWNERSHIP OF DRAWINGS All drawings, specifications, renderings, plans, models and material prepared by ARCHITECT pursuant to the terms of this Agreement shall, upon payment of all fees to which ARCHITECT is entitled, become the property of the CITY. ARCHITECT shall have the right to reproduce and use all documents and material prepared pursuant to this 7 i • Agreement. CITY shall defend, indemnify and hold ARCHITECT harmless from and against any loss, damage, claim or lawsuit that is in any way related to the use of documents prepared by ARCHITECT pursuant to this Agreement by any person or entity other than CITY unless ARCHITECT has given prior written consent to such use. VI TERNINATION AND SUSPENSION A. Suspension CITY shall have the right to require ARCHITECT to suspend or defer performance of services pursuant to this Agreement. The date of the suspension shall commence upon service of written notice of CITY's intention to suspend. In the event the suspension of ARCHITECT's services extends for a period of thirty or more consecutive days, ARCHITECT shall be paid compensation then due, and, in the event the suspension occurs prior to the completion of any phase, ARCHITECT shall be entitled to compensation for that phase based upon the percentage of work completed. In determining the percentage of work completed, CITY shall consider, but not be bound by, the ratio between compensation due ARCHITECT upon completion of that phase and an amount equal to the hours worked multiplied by the rate for additional services specified in Section VII B. B. City's Right of Termination /Compensation CITY shall have the right to terminate this Agreement under the following circumstances: 1. At the conclusion of the Schematic Design Phase, Design Development Phase or Construction Documents Phase, if the estimated construction costs or, as appropriate, competitive bids, exceed the Budget and CITY, in its sole discretion, determines that any reduction to, or revision in, the Project is either unlikely to bring construction costs into conformance with the Budget or will render the Project unsuitable for its needs. 2. Without cause by giving ARCHITECT ten (10) days written notice of its intention to terminate. 3. Upon written notice of its intention to terminate in the event ARCHITECT fails to substantially perform in accordance with the Agreement and fails to cure the default(s) within twenty (20) 12 0 days after service of written notice of intention to terminate or, in the event twenty (20) days is inadequate to cure the default(s), within the time reasonably necessary to cure the default(s). 4. In the event of termination pursuant to the provisions of B.1., ARCHITECT shall be entitled only to compensation otherwise due at the conclusion of that phase. If this Agreement is terminated by CITY pursuant to B.2. or B.3., ARCHITECT shall be entitled to compensation based upon percentage of work completed multiplied by full compensation (for that phase) to which ARCHITECT would be entitled upon conclusion of the phase. In determining the percentage of work completed, the CITY shall consider, but not be bound by, the relationship between full compensation due ARCHITECT for that phase and an amount equal to the hours worked multiplied by the rate for services specified in Section VII B. C. Architect's Right of Termination /Compensation ARCHITECT shall have the right to terminate this Agreement only in the following circumstances: 1. If the CITY fails to make any payment required by this Agreement and remains in default for twenty (20) days after ARCHITECT has served written notice of the breach and a demand to cure the default. 2. If the CITY, in writing or by conduct, expresses the intention to abandon the Project. 3. In the event ARCHITECT terminates the Agreement pursuant to this sub - section, ARCHITECT shall be entitled to compensation for the phase during which termination occurred based upon the percentage of work completed. In determining the compensation due ARCHITECT, the CITY shall consider, but not be bound by, the relationship between compensation due ARCHITECT upon completion of the phase and an amount equal to the hours worked multiplied by the rate for services specified in Section 7.B. VII ADDITIONAL SERVICES A. The CITY may elect to employ ARCHITECT and /or consultants for services other than those specified in Section II (Additional Services). ARCHITECT shall not perform additional 0 services nor receive additional compensation except to the extent CITY has provided written authorization to ARCHITECT prior to the performance of services. City Council approval is required prior to the performance of additional services when anticipated additional compensation exceeds 10 percent of basic fee set forth in Section A.2 above. B. Compensation for additional services shall be billed at the rate specified in this section, or at a fixed price determined by separate written agreement signed by CITY and ARCHITECT. Schedule of hourly rates for ARCHITECT, employees and consultants is as follows: PARTNER /PRINCIPAL ARCHITECT $115.00 PROJECT ARCHITECT OR MANAGER 85.00 SENIOR DESIGNER 80.00 DESIGNER 60.00 SENIOR PLANNER 80.00 PLANNER 60.00 INTERIOR DESIGNER 60.00 JOB CAPTAIN 56.00 SPECIFICATION WRITER 70.00 DRAFTSPERSON, SENIOR 50.00 DRAFTSPERSON, INTERMEDIATE 40.00 DRAFTSPERSON, JUNIOR 35.00 CONTRACT ADMINISTRATOR 53.00 CLERICAL 35.00 COMPUTER /CADD WITH OPERATOR 75.00 CADD PLOTTING 60.00 Services provided by engineering and special consultants assigned to the project and authorized for extra services will be charged at one and fifteen one - hundredths (1.15) times the amount billed to ARCHITECT. VIII PROJECT SCHEDULE AND TERM A. Tentative Schedule CITY and ARCHITECT have developed a tentative schedule for the completion of the various phases of this Project. This schedule represents a reasonable estimation of the time necessary to 10 complete each phase assuming related events are resolved as anticipated and no unusual difficulties arise. However, the Parties acknowledge that delay in site remediation, or other unanticipated events could result in delay. B. Best Efforts CITY and ARCHITECT agrees their respective best efforts to conform with the following Project Schedule: 1. Schematic Design Phase - Submittal of documents 30 days after the date of this Agreement, and 30 days for City Council review. 2. Design Development Phase - 60 days from date notice is given to proceed and 30 days for City Council review of documents. 3. Construction Document Phase - 90 days from written authorization to proceed and 30 days for City Council review and approval. 4. Construction Phase - 240 days commencing on the date the City Council awards the contract. C. Term The term of this Agreement shall commence on the date of execution by the Mayor of the City of Newport Beach and shall continue in full force and effect, unless terminated, until the Project is complete or January 1, 1993, whichever shall first occur. IX INDEMNIFICATION AND INSURANCE A. Indemnification ARCHITECT shall indemnify, defend and hold harmless, CITY, its officers, employees, boards and commissions from and against any and all loss, liability, damage, injury, claims or litigation arising out of the negligent acts or omissions of ARCHITECT in the performance of services pursuant to this Agreement. B. Insurance ARCHITECT shall provide insurance to ensure performance of the indemnification obligation specified in this Section. All policies of insurance shall contain a provision that CITY receive, in writing at least thirty (30) days notice of insurer's intention to 161 9 0 cancel or materially alter the terms of any policy submitted by ARCHITECT in compliance with this Section. The City of Newport Beach, and its officers, employees, boards and commissions shall be named as additional insureds. All required insurance policies shall be maintained in full force and effect during the term of this Agreement and at ARCHITECT's sole cost and expense. This Agreement shall not become effective until ARCHITECT submits evidence of required insurance by filing appropriate certificates and /or endorsements with the City Clerk. ARCHITECT shall provide insurance with minimum coverage of $1,000,000 pow Wawa and in the aggregate. QLiUnI��. F;1 RECORDS CITY shall have the right to inspect, upon reasonable notice and during regular business hours, records prepared or maintained by ARCHITECT pertaining to the Project including, without limitation, timesheets, consultant invoices, receipts reflecting reimbursable expenses and similar documents. Records relating to compensation for services and reimbursable expenses shall be maintained and prepared in accordance with generally accepted standards. XI CONSULTANTS ARCHITECT may utilize consultants to perform some of the services required by this Agreement. ARCHITECT shall obtain prior written approval of CITY prior to selection of any consultant. All services performed by ARCHITECT, or consultants retained by ARCHITECT, shall be performed by persons who are experienced and skilled in their profession and shall be performed in accordance with generally accepted professional standards of competence. XII A. Mediation Claims, disputes or other matters in question between the Parties and arising out of, or relating to, this Agreement or a breach of this Agreement shall be subject to mediation under the 12 0 0 auspices of a recognized, neutral third party professional mediation service or other mediation method acceptable to both Parties. Mediation shall occur prior to arbitration. The cost of any mediation service shall be borne equally by the Parties. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. B. Arbitration In the event, claim, dispute or other matter in question between the Parties is not resolved through mediation, the matter shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association. Notice of demand for arbitration shall be filed in writing with the other Party and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institutional, legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law. XIII MISCELLANEOUS A. Assignment This Agreement is for professional services and may not be assigned by ARCHITECT without prior written consent of CITY. Any purported assignment without CITY's prior written consent shall be null and void. B. Notices All notices given or required to be given pursuant to this Agreement shall be in writing and shall be deemed given when 13 personally delivered or deposited in the U.S. mail, first class postage prepaid, and addressed as follows: TO CITY: City Manager City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92659 -1768 TO ARCHITECT: The Blurock Partnership 2300 Newport Boulevard Newport Beach, California 92663 C. Independent Contractor ARCHITECT, the performance of services pursuant to this Agreement, is an Independent Contractor. CITY shall not have the right to control the method or means of performing the services required by this Agreement except to the extent the services must be performed in a professionally competent manner. D. Entire Agreement This Agreement represents the entire and integrated Agreement between CITY and ARCHITECT and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by both CITY and ARCHITECT. CITY OF NEWPORT BEACH, a Municipal Corporation Date: S By: By: Mayor City Manager lr ARCHITECT The Blurock Partnership Date By: AS TO FORM: