HomeMy WebLinkAboutC-2534(A) - Architectural & Engineering Agreement for Redevelopment of Cliff Drive ParkCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
17141640 -2251
TO: FINANCE DIRECTOR cc77
Parks, Beaches and Recreationy�yt�
FROM: CITY CLERK
9
DATE: August 30, 1985
SUBJECT: Contract No. C -2534 (A)
Description of Contract Architectural /Engineering Agreement
Effective date of Contract August 28, 1985
Authorized by Minute Action, approved on August 26, 1985
Contract with Cardoza, DiLallo, Harrington
Address 151 Kalmus Drive. Suite K -3
Costa Mesa. CA 92626
Attn: Leslee A. Temple
Amount of Contract $19,400
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Bach, California 92663
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CITY OF NEWPORT BEACH
Parks, Beaches and Recreation Department
August 26, 1985
CITY COUNCIL AGENDA
ITEM NO. F-3(')
BY THE CIT'i COUNCIL
TO: Mayor and City Council ';ITY Of ME5VPORT BEACH
FROM: Parks, Beaches and Recreation Director
AUG
SUBJECT: REDEVELOPMENT OF CLIFF DRIVE PARK — C— �5 ?�� %'; G 1.'265
APPROVED
Recommendation:
Authorize the Mayor and City Clerk to execute a Professional Services Agreement
with Cardoza, DiLallo and Harrington, a Landscape Architecture and Planning
Partnership, in the estimated amount of $19,400.00.
Discus -ion-
The 1985 -86 budget contains an appropriation of $20,000 to prepare a master plan
and construction documents for the redevelopment of Cliff Drive Park, an existing
facility in the Newport Heights area. This proposed improvement will continue
a community involved process of park refurbishment that was initiated with the
Riverside Drive Scout House project that was significantly aided by local
homeowners.
After reviewing qualifications of several local landscape architectural firms
that had expressed interest in the project, the staff invited Cardoza, DiLallo
and Harrington to submit a proposal to prepare the plans and specifications.
The subject firm has performed work for many Orange County cities in an
exemplary manner.
Compensation will be based on the consultant's hourly rate schedule, with an
estimated total price of $19,400.00 which cannot be exceeded without prior
written consent, and which cannot be exceeded by more than 10% without an
amendment to the agreement.
It is planned to use the construction cost analysis data, as required in the master
plan phase, to propose a capital improvement to construct the approved design in
fiscal year 86 -87.
f
Ronald A. Whitley
ARCHITECTURAL /ENGINEERING AGREEMENT
THIS AGREEMENT, entered into this 28th day of August ,
1985, by and between the CITY OF NEWPORT BEACH, a Municipal
corporation, (hereinafter referred to as "City ") and
Cardoza, DiLallo, Harrington whose address is
151 Kalmus Drive, Suite K -3, Costa Mesa, CA. 92626 (hereinafter
referred to as "Architect "), is made with reference to the
following:
R E C I T A L S:
A. The City is a municipal corporation duly organized and
validly existing under the laws of the State of California with
the power to carry on its business as it is now being conducted
under the Statutes of the State of California and the Charter of
the City.
B. The City and Architect desire to enter into an agreement
for See Exhibit "A"
upon
the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
SECTION 1. TERM.
The term of this Agreement shall commence on the 28th day of
August , 1985, and shall terminate on the 28th day
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of February , 1986, unless terminated earlier as set
forth herein.
SECTION 2. SERVICES TO BE PERFORMED.
Consultant shall perform each and every service set forth in
Exhibit "A" which is attached hereto and incorporated herein by
this reference.
SECTION 3. COMPENSATION TO CONSULTANT.
Consultant shall be compensated for services performed
pursuant to this Agreement in the amount and manner set forth in
Exhibit "A" which is attached hereto and incorporated herein by
this reference.
SECTION 4. STANDARD OF CARE.
Consultant warrants and guarantees that all services
performed hereunder shall be provided in a manner commensurate
with the highest professional standards 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 the Consultant, 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 the
Consultant's services. None of the benefits provided by the City
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to its employees, including but not limited to unemployment
insurance, workers' compensation insurance, retirement and
deferred compensation plans, vacation and sick leave, are
available from the City to the Consultant, its employees or
agents. From any fees due the Consultant, deductions shall not
be made for any State of Federal taxes, FICA payments, PERS
payments, or other purposes normally associated with an employer -
employee relationship. Payment of the above items, if required,
are the responsibility of the Consultant.
SECTION 6. HOLD HARMLESS.
Architect shall indemnify and hold harmless City, its City
Council, boards and commissions, officers, agents, servants, and
employees from and against any and all loss, damages, liability,
claims, suits, costs and expenses, whatsoever, including reason-
able attorneys' fees, regardless of the merit or outcome of any
such claim or suit, arising from or in any manner connected to
the Architect's negligent performance of services or work con-
ducted pursuant to this Agreement.
Architect shall indemnify and hold harmless the City, its
City Council, boards and commissions, officers, agents, servants,
and employees from and against any and all claims and losses
whatsoever, including reasonable attorneys' fees, accruing or
resulting to any and all persons, firms or corporations furnish-
ing or supplying work, services, materials, equipment or supplies
arising from or in any manner connected to the negligent
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performance of services or work conducted or performed pursuant
to this Agreement and arising out of or connected to such
services or work, and from any and all claims and losses
whatsoever, including reasonable attorneys' fees, accruing or
resulting to any person, firm or corporation for damage, injury
or death arising out of Architect's services or work pursuant to
this Agreement.
SECTION 7. INSURANCE.
On or before the commencement of the term of this Agreement,
Architect shall furnish the City with certificates showing the
type, amount, class of operations covered, effective dates and
dates of expiration of insurance policies. Such certificates,
which do not limit Architect's indemnification, shall also
contain substantially the following statement: "The insurance
covered by this certificate will not be cancelled or materially
altered, except after ten (10) days' written notice has been
received by the City."
It is agreed that Consultant shall maintain in force at
all times during the performance of this Agreement all appropri-
ate policies of insurance required by this Agreement, and that
said policies of insurance shall be secured from an insurance
company assigned Policyholders' Rating A (or higher) and
Financial Size Category Class VIII (or larger) by an industry
wide standard and licensed to do insurance business in the State
of California.
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Architect shall maintain the following insurance coverage:
A. Liability Insurance. General liability coverage in the
following minimum limits:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in
the amount of $1,000,000 will be considered equivalent to the
required minimum limits.
B. Errors and Omissions.
Errors and omissions insurance, which includes coverage
for professional malpractice, in the amount of $1,000,000. The
policy shall provide for coverage of all claims occurring during
the term of the policy notwithstanding the fact that the claim
may be asserted subsequent to the expiration of the policy.
C. Subrogation Waiver.
Architect agrees that in the event of loss due to any of
the perils for which it has agreed to provide insurance, that
Architect shall look solely to its insurance for recovery.
Architect hereby grants to City, on behalf of any insurer
providing insurance to either Architect or the City of Newoort
Beach with respect to the services of Arhitect herein, a waiver
of any right of subrogation which any such insurer of said
Architect may acquire against City by virtue of the payment of
any loss under such insurance.
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D. Failure to Secure.
If Architect at any time during the term hereof, should
fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Architect's name or as
an agent of the Architect and shall be compensated by the
Architect for the costs of the insurance premiums at the maximum
rate permitted by law computed from the date written notice is
received that the premiums have been paid.
E. Additional Insured.
The City, its City Council, boards and commissions,
officers, agents, servants and employees shall be named as an
additional insured under all insurance policies required under
this Agreement. The naming of an additional insured shall not
affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional
insured; and an additional insured named herein shall not be held
liable for any premium or expense of any nature on this policy or
any extension thereof. Any other insurance held by an additional
insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this
policy. Proceeds from any such policy or policies shall be
payable to the City primarily, and to the Architect secondarily,
if necessary.
SECTION 8. PROHIBITION AGAINST TRANSFERS.
Architect shall not assign, sublease, hypothecate, or
transfer this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise without the prior
written consent of the City; any attempt to do so without said
consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Architect, or of
the interest of any general partner or joint venturer or
syndicate member or cotenant if Architect if a partnership or
joint venturer or syndicate or cotenancy, which shall result in
changing the control of Architect, shall be construed as an
assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power of the corporation.
SECTION 9. PERMITS AND LICENSES.
Architect, at its sole expense, shall obtain and maintain
during the term of this Agreement, all appropriate permits,
licenses and certificates that may be required in connection with
the performance of services hereunder.
SECTION 10. REPORTS.
Each and every report, draft, work - product, map, record and
other document reproduced, prepared or caused to be prepared by
Architect pursuant to or in connection with this Agreement shall
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be the exclusive property of the City. City shall make no use of
materials prepared by Architect pursuant to this Agreement and
construction, repair and maintenance of the Project.
No report, information or other data given to or prepared or
assembled by the Architect pursuant to this Agreement shall be
made available to any individual or organization by the Architect
without prior approval by the City.
Architect shall, at such time and in such form as the City
may require, furnish reports concerning the status of services
required under this Agreement.
SECTION 11. RECORDS.
Architect shall maintain complete and accurate records with
respect to costs, expenses, receipts and other such information
required by City 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 the City the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of
all work, data, documents, proceedings and activities related to
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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 herein-
after provided.
All notices, demands, requests, or approvals from Architect
to City shall be addressed to City at:
Newport Beach City Hall
3300 Newport Boulevard
Newport Beach, California 92660
Attention: Ronald A. Whitley
.All notices, demands, requests, or approvals from City to
Architect shall be addressed to Architect at:
Cardoza, DiLallo, Harrington
151 Kalmus Drive, Suite K -3
Cnqta Mae, CA_ 92626
Attn: Leslee A. Temple
SECTION 13. TERMINATION.
In the event Architect hereto fails or refuses to perform
any of the provisions hereof at the time and in the manner
required hereunder, Architect shall be deemed in default in the
performance of this Agreement. If such default is not cured
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within a period of five (5) days after receipt by Architect from
City of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, City may
terminate the Agreement forthwith by giving to the Architect
written notice thereof.
The City shall have the option, at its sole discretion and
without cause, of terminating this Agreement by giving thirty
(30) days written notice to Architect as provided herein. Upon
termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in 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 relceive 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 having been secured from the City to do otherwise.
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SECTION 16. COMPLIANCES.
Architect shall comply with all laws, State or Federal, and
all ordinances, rules and regulations enacted or issued by the
City.
SECTION 17. NUISANCE.
Architect shall not maintain, commit, or permit the
maintenance or commission of any nuisance in connection with the
performance of services under this Agreement.
SECTION 18. SAFETY REQUIREMENT.
All work performed under this contract shall be performed in
such a manner as to provide safety to the public and to meet or
exceed the safety standards outlined by CAL -OSHA. The City
reserves the right to issue restraint or cease and desist orders
to the Architect when unsafe or harmful acts are observed or
reported relative to the performance of the work under this
Agreement.
The Architect shall maintain the work sites free of hazards
to persons and /or property resulting from his operations. Any
hazardous condition noted by the Architect, which is not a result
of his operations, shall immediately be reported to the City.
SECTION
19.
SUBCONTRACTOR
APPROVAL.
Unless
prior
written consent
from the City is obtained, only
those people and subcontractor's whose names and addresses appear
in this Agreement or any attachments hereto shall be used in the
performance of this Agreement. Request for additional
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i
!
subcontracting shall be submitted in writing, describing the
scope of work to be subcontracted and the name of the proposed
subcontractor. Such request shall set forth the total price or
hourly rates used in preparing an estimated cost for the
subcontractor's services. Approval of the subcontractor may, at
the option of City, be issued in the form of a Work Order.
SECTION 20. WAIVER.
A waiver by the City of any breach of any term, covenant, or
condition contained herein shall not be deemed to be a waiver of
any subsequent breach of the same or any other term, covenant, or
condition contained herein whether of the same or a different
character.
SECTION 21. INTEGRATED CONTRACT.
This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the
parties hereto and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective
only by written execution signed by both City and Architect.
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B:Agl
0
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed on the day and year first above written.
APPROVED AS TO FORM:
) t �����
City Attorney
CITY OF NEWPORT BEACH
a municipal corporation
ATPEST:
Af�_',
J
City Clerk
ARCHITECT
Leslee A. Temple, ASLA
Principal
Cardoza- DiLallo- fiarrington
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August 28, 1985
CARDOZA
DILALLO
HARRINGTON
IA
August 9, 1985
EXHIBIT "A"
IN THE EVENT OF ANY CONFLICT BETWEEN THE
TERMS OF THIS EXHIBIT A AND THE AGREEMENT,
THE TERMS OF THE AGREEMENT SHALL CONTROL.
Mr. Ronald A. Whitley
Director, Parks, Beaches and Recreation
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Re: Cliff Drive Park
Dear Ron,
Thank you for the opportunity to submit this proposal for the
preparation of preliminary plans and construction documents as outlined
for Cliff Drive Park in your letter of July 24, 1985. Cardoza-DiLallo-
Harrington offers quality, experience and creativeness in landscape
architecture and recreation planning.
The figures presented herewith are based upon our site visitation,
review of the scope of services as presented in your letter, our
knowledge of the City of Newport Beach, and information obtained from
our meeting with you on July 23, 1985.
Upon award of contract, the Cardoza- DiLallo- Harrington team is
immediately available to perform the services as outlined. Monthly
invoices shall be provided and payment made progresssively by the City
of Newport Beach. The work will be performed on an hourly rate basis in
conformance with the total not -to- exceed figure per phase as shown.
Preliminary Design Phase
Field Reconnaissance 30 hours $ 1,500.
Design Implementation 40 2,000.
Construction Cost Analysis 12 600.
Design Team Coordination 16 800.
TOTAL $ 4,900.
s 0
Final Design Phase — Construction Documents
Base Sheet Preparation 16 hours $ 800.
Constuction Staking and Details 120 6,000.
Grading /Drainage 70 3,500.
Irrigation 24 1,200.
Planting 20 1,000.
Construction Cost Analysis 16 800.
Specifications 12 600.
Design Team Coordination 12 600.
TOTAL $14,500.
PROJECT TOTAL $19,400.
Services rendered by Cardoza— DiLallo— Harrington are inclusive of
telephone, transportation, and clerical costs; and attendance at a
reasonable number of City staff meetings. Until the preliminary design
is complete, subconsultants such as civil and structural engineers are
unknown.
Services rendered by Cardoza- DiLallo- Harrington during bid coordination
and construction observation shall be billed at stipulated personnel
hourly rates.
Reproduction fees (photographic operations, including blueprinting,
printing, mylars, and xeroxing) shall be considered as reimbursable
expenses. Invoices shall be provided and payment made progressively at
cost plus ten (10) percent for administration.
Compensation for additional or extra services beyond those stated
herein, major development changes, and subconsultants as authorized by
the City shall be based on stipulated personnel hourly rates.
We look forward to working with the City of Newport Beach on developing
the necessary documents for this exciting endeavor. Should you have any
questins or need additional information, please call myself or Bob
Cardoza at your convenience.
Th ou,
Les lee A. Temple,`ASLA
Principal of Recreation Planning
CARDOZA
DIIALLO
HARRINGTON
Pnnnp,.'
it I.�' 1, 1., August 28, 1985
Pcm It a
R"h."J1' ILrn uKe .0
Nuhcr u 4.m
Mr. Ronald A. Whitley
Director, Parks, Beaches and Recreation
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Re: Cliff Drive Park
Dear Ron,
Enclosed please find a signed copy of the City "s Architectural/
Engineering Agreement for Cliff Drive Park. Our insurance certificates
have been ordered and will be forwarded to your office upon receipt. It
is our assumation that the six (6) month term described in Section 1
relates to the completion of the preliminaries and contract documents
and does not include time for actual construction.
Again, we appreciate this opportunity to work with the City of Newport
Beach on developing the necessary_ documents for this exciting endeavor.
Please call myself or Bob Cardoza at your earliest convenience to set up
a meeting so that we may begin the analysis stage and preparation of
preliminary plans.
Thank you,
Leslee A. Tem eSLA
Principal of Recreation Planning