HomeMy WebLinkAboutC-2773(B) - Oasis Improvements - Phase I (Relocating Garden Plots)•
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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.
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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:
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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
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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
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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
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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
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omissions and inaccurate calculations, the
has also been revised from $54,295 to
Ronald A. Whitley
Parks, Beaches & Recr tion Director
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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
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Ul�rcissus Avg ("
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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
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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
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site plan recreation systems incorporated
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recreation systems Incorporated
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recreation systems Incorporated
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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
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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
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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.
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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.
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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.
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(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
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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)
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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
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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
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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
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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
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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: