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HomeMy WebLinkAboutC-2941(A) - Consultant Agreement for Readily Achievable American with Disabilities Act (ADA) Alterations and Priority Structural ADA AlterationsV CITY 1AF NEWPORT BLACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR 6 FROM: CITY CLERK DATE: June 1, 1993 SUBJECT: Contract No. C- 2941(8) Description of Contract Consultant Agreement for Priority Structural ADA Alterations Effective date of Contract May 28, 1993 Authorized by Minute Action, approved on May 24, 1993 Contract with Leesak Architects AIA, Address 3190 -K Airport Loop Costa Mesa, CA 92626 Amount of Contract (See Agreement) &4a&s4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • May 24, 1993 CITY COUNCIL AGENDA ITEM NO. 14 TO: Mayor and Members of the city Council FROM: Public Works Department MAY 2 41993 SUBJECT: READILY ACHIEVABLE ADA ALTERATIONS (C -2934) PRIORITY STRUCTURAL ADA ALTERATIONS (C -2941) RECOMMENDATION: Authorize the Mayor and the City Clerk to execute Consultant Agreements with the firms of Hutson & Rome Partnership and LEESAK Architects AIA, Inc. DISCUSSION: The FY 1992 -93 budget contains an appropriation of $234,000 for designing and constructing alterations required to comply with the provisions of the Americans with Disabilities Act (ADA) of 1990. This amount is intended to provide for minor fixes, "readily achievable" alterations, and consultant fees for ADA alterations which have been designated as "readily achievable" and "priority structural ". In January, Staff completed "self evaluations" of City facilities to list, categorize and estimate costs for the removal of barriers to disabled persons. Upon further examination of the barriers by personnel from Building and Public Works departments, the list and estimated costs have been reduced as follows: Phase & Category 1 - Readily Achievable 2 - Priority Structural 3 - Structural Completion Date January 26, 1993 January 26, 1994 January 26, 1995 Estimated Cost $80,290 $350,725 $1,071,900* * subject to field verification and possible cost reduction To proceed with the preparation of plans, specifications and estimates (PS &E) for the budgeted alterations, Staff requested statements of qualifications from eight local architectural firms. Two firms responded, both of which appear to be well - qualified to perform ADA professional services. Staff then requested the smaller firm, Hutson & Rome Partnership of Newport Beach, to submit a proposal to prepare PS &E for Phase 1 (readily achievable) alterations and the larger firm, LEESAK Architects AIA, Inc. of Costa Mesa, to submit for Phase 2 (priority structural) alterations. Their proposals include, but are not limited to, providing the following services: 1) verifying information of record in the field and collecting other necessary field data as required to prepare accurate PS &E for their ADA alterations; 0 i Subject: Readily Achievable ADA Alterations (C -2934) Priority Structural ADA Alterations (C -2941) May 24, 1993 Page 2 2) preparing detailed PS &E which conform with the requirements of the 1991 Uniform Building Code and the applicable ADA regulations; 3) providing clarification and in- the -field assistance, if needed (but not inspection nor contract administration) , to resolve any and all design - related problems which may arise during construction; and 4) consulting with City's staff and contractor as needed to establish design parameters, obtain copies of City records, review work progress, and complete the services listed above. Hutson and Rome's compensation for Phase 1 services is as shown in their attached Proposal, with total compensation not to exceed $9,500. The ADA alterations include removing barriers at 27 sites shown unshaded in the attached list of Readily Achievable work. The City will be indemnified under Hutson's general and professional liability insurance policies. Hutson will require approximately 8 weeks to complete their services. LEESAK Architects' compensation for Phase 2 services is as shown in their attached Proposal, with total fees (including sub - consultant services) not to exceed $41,000. The ADA alterations include removing and reconstructing restrooms at Cliff Drive Park; remodeling and refurbishing restrooms at Corona del Mar State Beach and in Harbor View Homes; and removing lesser -cost barriers at 16 total sites shown unshaded in the attached list of Priority Structural work. The City will be indemnified under LEESAK's general and professional liability insurance policies. LEESAK will require approximately 6 weeks to complete their services. Upon completion of the PS &E, Staff will recommend that the work proceed to bid in a manner that will permit Phase 1 and Phase 2 alterations to be completed by January 26, 1994. Selection procedures for Phase 3 consultant services will occur after Staff can evaluate the services being provided in the first 2 phases. jllC / J, a Benjamin B. Nolan Public Works Director LD:so Attachments • • • • HRP HUTSON & ROME PARTNERSHIP Architecture Planning Consulting May 3, 1993 Mr. Lloyd Dalton Design Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -1768 Re: Proposal - Readily Achievable ADA Alterations to City Facilities (C -2934) Dear Mr. Dalton: It is with great pleasure that Hutson & Rome Partnership (HRP) submits this proposal to the City of Newport Beach. Per your letter dated 4/16/93 and review of the readily achievable list we have prepared this proposal. SERVICES HRP will provide the following services with regard to each item as determined readily achievable by the city as prepared and outlined in the ELIMINATION OF BARRIERS (revised 4/11/93) all services described will be performed by HRP and solutions will be reviewed with the city staff for intent and alternative options (if any). • Review each item as described and prepare field condition sketches for preparation of PS &E. • Review with city project manager proposed solution and alternatives (if any). • Provide the city with additional areas of non - compliance as discovered during field review (if any). • Review of all information and preliminary scope of work with city staff prior to preparation of final PS &E. • Preparation of PS &E which conform with the requirements of the 1991 nU iform Building Code and applicable ADA regulations as interpreted by the city of Newport Beach. • Prepare PS &E in an 8 1/2" x 11" format and submit for plan check. • • Provide clarification and in -the -field assistance if need to resolve any design related problems during construction of the barrier removal. Clarification shall be limited to design issues related to the identified barrier only, consultation on additional barriers shall be classified as additional services. • During field review of identified barriers HRP may note for consideration by City staff additional items which should be considered for alteration or removal. HRP shall not be compensated for such identifications and as such will not be responsible for identification of such. 3333 West Pacific Coast Highway Newport Beach, California 92663 Telephone (714) 645 -1825 City of Newport Beach r *Proposal May 3, 1993 Page 2 of 3 0 INSURANCE • We have reviewed the information that accompanied the request for proposal and as requested both policies allow additionally insured as requested by the city for both general and professional liability. Our policy carriers are as follows: • Commercial General Liability: St. Paul Fire & Marine Insurance Company Total Limit: $2,000,000.00 • Professional Liability: DPIC Companies Total Limit: $1,000,000.00 STANDARD AGREEMENT We have reviewed the City standard consultant agreement and have the following comments: Page 3 Item no.9 We would ask that there be sentence stating that Additional time shall be allowed to CONSULTANT for unforeseen circumstances beyond the control of CONSULTANT and CITY. • Page 4 Item no. 14 Our insurance carrier DPIC has an assigned rating of A- not A as requested. Page 4 Item no. 14 We would ask that there be a Limit of liability of $50,000.00 for this scope of work. Page 5 Item no. 14 Revise sentence: Said policy or policies shall be endorsed to state that coverage shall not be suspended, Of cancelled by either party, or reduced in coverage or in limits except after (30) days' prior notice has been given in writing to CITY unless cancelled for non - payment,then notice shall be 10 days. CONSULTAAU shall eive to GITV .._e t Page 6 Item no. 16 Add the following sentence: The CITY acknowledges that the CONSULTANT's professional reports, plans, specifications, field notes, estimates and other similar documents are instruments of professional service, not products. Although ownership of such documents normally is retained by the CONSULTANT they nonetheless shall in this instance become the property of the CITY. The CITY recognizes that no such documents should be subject to unauthorized use re -use, that i re -use without written authorization of the CONSULTANT to d so. In return for the CONSULTANT's relinquishment of ownership the CITY agrees to waive any claim against CONSULTANT and defend, indemnify and hold the CONSULTANT harmless from any claim or liability for injury or loss allegedly arising from unauthorized re -use of the CONSULTANT's instruments of service. I/ City of Newport Beach Woposal May 3, 1993 Page 3 of 3 • Page 8 Item no.23 Add the following sentence: City may withhold only that amount which is in dispute. FEE The fee to provide PS &E for identified Phase I Readily achievable barriers (non- shaded items) shall be $9,500.00 plus reimbursable items (Telephone, FAX, printing and mileage)which will be billed back to the City at a rate of 1.10 administrative multiplier. This fee is based on a Magnitude of Cost of $75,000.00 to $100,000.00. This fee does not include costs for any additional consultants such as plumbing, mechanical, electrical that may be required by the City during plan check. At this time no additional consultants are required. Additional services shall be based on an hourly rate of: Principal - $85.00 /Hour Draftsperson - $45.00 /Hour Clerical - $30.00 /Hour Time to complete the proposed scope of work shall be 6 -8 weeks based on City staff review and comments on the preliminary design criteria for barrier removal. • As indicated above we have requested minor changes to the standard agreement that will allow our insurance carver to issue the appropriate certificates to the City of Newport Beach. I trust this proposal meets with your approval and look foreword to hearing from you. Sincerely, Ly . 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El 0 U. §3E-( E- OMI: 0 QA C14 W4 0 0 \) z z 0 0 // m M mm ESS \\ )\ )§ 0 �4 §) I kX F4 El 0 H 14 WE- z H Cq 0 PN 0 IY4 El 04 W 0 U rj E, P, W4 c P4 c 0 E z U) E. z c C z F Q p .0 C a c 0 ( m c c 0 � 0 0 �§ � k rQ 0 z )\ 9Q U: Ln 0 m m 0 40,0 0 0 0 0: Ln 0 0 0 \ pq Is 0 po, ;m`@`@ Z H P4 r +m § \a\ 0 r-4 pg: @,@K 0, Z z z m§` ul °® V, 0 0: 04 U) z ri) 0 Q �4 o o 3::: r4:: 14 z .; 0 40,0 0 0 0 0: Ln 0 0 0 M� /)j( AA \ ) La z 0 z Z 0 z ED \)\0 z 0 P4 W 0 a Z 0, [Q p 04 P4 I-j W 0 Eto � 04 3: z El W rn 0 0 0 m 0 TO � April 29, 1993 Mr. Lloyd Dalton Design Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 • LEESAK ARCHITECTS AIA ARCHITECTURE PLANNING INTERIORS 3190 -K Airport Loop, Costa Mesa, California 92626 FAX: (714) 556 -7396 TEL. (714) 979 -6283 Reference: 'Revised" Proposal for Priority Structural ADA Alterations to City Facilities (C -2941) Newport Beach, California 1. PROJECT DESCRIPTION A. Provide plans, general notes and cost estimates for work to remove priority structural barriers identified by the City in accordance with the requirements of the Uniform Building Code, 1991 edition and the Americans with Disabilities Act of 1990. The locations and scope of work shall be as identified in Attachment "A" - AMERICANS WITH DISABILITIES ACT TITLE II ELIMINATION OF BARRIERS dated 4/22/93. 2. ARCHITECTURAL SERVICES The Architect's services will consist of the following: A. Field Verification Phase: The Architect shall perform the following services, subject to City's approval: 1. Field- verify the existing conditions, as -built drawings, ADA survey, and other information provided by the City and collect other necessary data to determine scope of accessibility requirements. 2. Investigate governmental agency requirements and advise the City accordingly. B. Design Development Phase: The Architect shall perform the following services: • • 9 0 City of Newport Beach April 29, 1993 Priority Structural ADA Alterations Page 2 • 1. Prepare preliminary drawings, illustrating floor plans, exterior elevations, building sections, and partial site plan for new restrooms at Cliff Drive Park. 2. Prepare a list of solutions to all of the City provided ADA audits. 3. Prepare preliminary cost estimates for all of the work. C. Construction Document Phase: Architect shall perform the following services based on approved design development documents. 1. Prepare architectural working drawings and general notes. Coordinate finish grades to assure positive site drainage. 2. Provide structural engineering drawings for the new restroom construction at Cliff Drive Park (assume normal soil conditions). • 3. Prepare plumbing engineering drawings. 4. Coordinate with City's points of contact: Lloyd Dalton of Public Works Department and Faysal Jurdi of Building Department. 5. Submit to Building Department for plan check and make all necessary corrections required for permit approval. E. Construction Phase: Architect shall perform the following services: 1. Assist City and City's construction inspectors by providing clarification and direction during construction as needed. 2. Resolve any problems caused by the errors and omissions of Architect by redesign or revising the construction documents. 3. CITY'S RESPONSIBILITY • The City shall furnish the following items without cost to the Architect: A. All available "as- built" drawings. B. Legal description of the properties. C. Limited site surveys indicating existing grades and topography and other 0 0 City of Newport Beach April 29, 1993 Priority Structural ADA Alterations Page 3 special conditions, and spot elevations at key locations relative to access. • D. Provide access to all facilities as necessary to verify existing conditions. E. Any and all other information pertinent to the project. 4. ARCHITECT'S FEE A. The Architect's compensation (including sub - consultants) for the services set forth above shall be a lump sum of Forty -One Thousand Dollars ($ 41,000.00). B. The time duration for this project is anticipated to be four (4) weeks upon execution of the contract. 5. ADDITIONAL SERVICES A. Any service requested by the City from the Architect and /or Architect's sub- • consultants other than the basic services set forth herein including but not limited to public hearings, Architectural Review Board processing, bidding assistance, construction administration, clerk of the works, and correcting Contractor's errors, value engineering, signage design, etc. shall be performed as additional services. B. Architect's current hourly rates by personnel category are as follows: Principal Project Manager Project Architect Project Designer Senior Architect Senior Planner Senior Designer Specifications ADA Project Arch. /CADD Systems Technician I Technician II Technician III Technician IV Clerical C. Refer to Attachment "B" for Architects' $155.00 /hour 125.00 /hour 110.00 /hour 110.00 /hour 100.00 /hour 100.00 /hour 100.00 /hour 95.00 /hour 90.00 /hour • 85.00 /hour 75.00 /hour 65.00 /hour 55.00 /hour 45.00 /hour sub - consultants hourly rates. • City of Newport Beach April 29, 1993 Priority Structural ADA Alterations Page 4 • D. These rates are reviewed every twelve months from the date of the Agreement for possible adjustments to conform to the Architect's prevailing rates. 6. REIMBURSABLE EXPENSES The Architect shall render invoices to the City for the following reimbursable expenses billed to the Architect with a fifteen percent 15% administrative charge: A. All blueprinting, reproduction and photographic costs. B. All costs for renderings and models when requested by the City. C. All delivery, freight and postage charges. D. If authorized by the City, expenses of overtime work. • E. Expense of any additional insurance coverage requested by the City in excess of that normally carried by the Architect and the Architect's consultants. 7. ASSUMPTIONS A. The work identified in the construction documents will be issued to the General Contractor as one entire single package. B. The scope of this project shall be performed under one phase and not divided into future phases. C. The "front end" Division 0 and 1 portions of the s ecifications shall be provided by the City. D. Asbestos abatement, toxic and hazardous material removal and /or studies are not included in this proposal. • nb- ada.prp 7i City of Newport BE Priority Structura w u O w F F U w a a x x a a w w a a O O U U N N W W z W z a a U OU F F AA NF Q LO m 88 Ix y N a a U U 0 N 0 o O N N N f? U H a w h z w r m O O H H M m 0 Altei a a (J U F z ❑ a O U LO L] E 5 z � w a w �ya-r G fr.W.7 5 F W U R� U SR H a i r O O o O 0 0 l0 N N N � M M m m N N ATTACHMENT "A" 9 April 28, 1993- 0 c� M ZH �ra z U N r O Q z N H [n c q a W. > H H U y a ti N H G a z cK Z _ O w uK < Z + p H _ H •"1' h F x!^z Qw z AQ m Z 0 F N Q J G 0 O U 4O z 0 U M v A wz Q 0 u F N O a F' �= O ,y U 4 w o 7 V 4 H F w y a � w m :; Q Z Z Jar .H ' E L O w ^ stz 4 \ U W 4 a a x x a a w w a a O O U U N N W W z W z a a U OU F F AA NF Q LO m 88 Ix y N a a U U 0 N 0 o O N N N f? U H a w h z w r m O O H H M m 0 Altei a a (J U F z ❑ a O U LO L] E 5 z � w a w �ya-r G fr.W.7 5 F W U R� U SR H a i r O O o O 0 0 l0 N N N � M M m m N N ATTACHMENT "A" 9 April 28, 1993- c� ZH u z ::..: Z H U' a4 0 z cK Z uK < H Qa �4 z F x!^z Qw �.aadr% o w z w w u :; Q Z Z L ^ stz z U z 4 H Q W w U [ H z N Z U' Z w v U � ��I�: Q H VJ •• •-• �" ax H H �Ti H i.Ci.: C Z Y, W RC v v1 C7 z LO zC W L'1 ...... W U W w f a <�azaz0z a Q < z �yC a s N z F w v H❑ m C �z4 p W,u W M Q u ZZ a Z - w m U U N❑ [:: z w ;tt'a ZY Q W N N K❑ w N U 8 64 N <n ❑ w w U W U M >1 a w N i U U< F U W 4 Fa' "AT:uw E. auu HQw S N❑ 5:;: U U F Q Q W to u w •$ Q U F H Z W U Q 10 a N i3 Q N 1 W w W H O H Q F F H rr`" z co W H F •• w N O 0 X Z F u: LO U) LO ;tC In H •• .� z Z a O N W W ai#; Z m ... H p 0 .. .� :J a ,EtO Z H H •• x 0, 0, •• z .•H^ Q U . LO m �C A4 t� O a• . LO w H xZx o ` w H'a 1 a a a a H H a x • W .� ❑ N w w :Rf':: ❑ q 3 O Q 'a o U H� V) N F V ❑ W 4 g Z E .7 U H ;:Yid M H H H H ^i V' V•' N F N Vi N a m m 0 0 �L'`SiP O O O C O O O O N O N O O ;�Cit O O O O N O N Ill r O r �p 0 0 i.SCii 0 0 0 0 W m N r m a O N Yom; llN O ::�.•:;: O N O O N H lrl M H f'1 m >r � z h E • z w m w a a • City of Newport Beach Priority Structural ADA Alterations ATTACHMENT "B" CURRENT HOURLY RATES OF ARCHITECTS SUB - CONSULTANTS: 1. SKT Structural Engineering, Inc. (Structural Engineer) Principal $125.00 /hour Associate 95.00 1hour Project Engineer 75.00 /hour Drafter 55.00 /hour Administration 30.00 /hour 2. Pacifica Engineers, Inc. (Plumbing Engineer) • Principal Design Engineer Designer Drafter Clerical 3 n • Barfield Associates, Inc. (Cost Estimating) Senior Estimator Technical Support Servcies Support Services $85.00 /hour 75.00 /hour 55.00 /hour 30.00 /hour 25.00 /hour $70.00 /hour 50.00 /hour 30.00 /hour April 29, 1993 Page 6 Disabled Access Consultants - Ron Mincer (Alternative Access Consultant) Principal $40.00 1hour 0 6 C' - -;,9vi CONSULTANT AGREEMENT THIS AGREEMENT, entered into this cE7 day of 1993, by and between the City of Newport Beach , a unicipa1 corporation (hereinafter referred to as "CITY "), and LEESAK Architects AIA whose address is 3190 -K Airport Loop, Costa mesa, CA 92626 (hereinafter referred to as "CONSULTANT ") , is made with reference to the following: RECITALS A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the charter of CITY. B. The principal member of CONSULTANT is Ronald I. Sakahara, AIA, President. C. CITY desires to engage CONSULTANT to provide professional services for Priority Structural ADA Alterations upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The Term of this Agreement shall commence upon the day of execution shown above and shall terminate on the completion of all services to be performed, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED CONSULTANT shall perform the tasks set forth in 2. ARCHITECTURAL SERVICES of CONSULTANT's "Revised" Proposal dated April 29, 1993, which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in 4. ARCHITECT'S FEE, 5. ADDITIONAL SERVICES and 6. REIMBURSIBLE EEXPENSES of CONSULTANT's "Revised" Proposal dated April 29, 1993, 1 6 0 0 ARCHITECTURAL SERVICES of CONSULTANT's "Revised" Proposal dated April 29, 1993, which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in 4. ARCHITECT'S FEE, 5. ADDITIONAL SERVICES and 6. REIMBURSIBLE EXPENSES of CONSULTANT's "Revised" Proposal dated April 29, 1993, which is attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE All of the work shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship with CITY. The CONSULTANT shall be responsible to CITY for any errors or omissions in the execution of this Agreement. CONSULTANT represents and warrants to CITY that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. CONSULTANT further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES CITY retains CONSULTANT on an independent contractor basis and CONSULTANT is not an employee of CITY. The manner and means of conducting the work are under the control of 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 with CITY will be acquired by virtue of CONSULTANT's services. None of the benefits provided by CITY to its employees including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave are PA CITY's designated Project Administrator and any other agencies which may have jurisdiction or interest in the work to be performed. CITY agrees to cooperate with CONSULTANT on the project. 7. PROJECT ADMINISTRATOR CITY's Project Administrator or his authorized representative shall represent CITY in all matters pertaining to the services to be rendered pursuant to this Agreement. The Projector Administrator is Lloyd R. Dalton of the Public Works Department. 8. PROJECT MANAGER CONSULTANT's Project Manager shall coordinate all phases of the project and shall be available to CITY at all times. CONSULTANT has designated James W. Brittell, AIA, to be its Project Manager. 9. TIME OF PERFORMANCE The task to be performed by CONSULTANT under and pursuant to this Agreement shall be completed within 45 days from the date of execution shown above. CONSULTANT shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of CITY. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 10. CITY POLICY CONSULTANT shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with the goals and policies of CITY. 11. COMPLIANCES AND APPROVALS OF WORK Work prepared by CONSULTANT shall comply with applicable CITY, county, state and federal ordinances, laws, rules and regulations, and shall be subject to approval of the Project Administrator. 12. PROGRESS CONSULTANT is responsible to keep the Project Administrator 3 0 0 informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 13. HOLD HARMLESS CONSULTANT agrees to indemnify, defend, save and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury, property damages, attorneys' fees and court costs arising from any and all negligent actions of CONSULTANT, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. CONSULTANT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. 14. INSURANCE without limiting CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf, and must be filed with CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY certificates of insurance with V original endorsements and copies of policies, if requested by CITY, from an insurance company 1) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VIII (or larger) , in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty, and 2) currently authorized to transact business of insurance in the State of California. The following coverages shall be provided: A. Worker's compensation insurance covering all employees and principals of CONSULTANT, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project or the general aggregate limit shall be at least twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional liability (errors and omissions) insurance in a minimum amount of $1 million. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt and timely notice of a claim made or suit instituted arising out of CONSULTANT's operation hereunder. 5 CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the work. CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. 15. PROHIBITION AGAINST TRANSFERS CONSULTANT shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of CITY. Any attempt to do so without consent of CITY shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50°1) or more of the voting power, or twenty -five percent (250) or more of the assets of the corporation, partnership or joint venture. 16. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. C7 manner so as not to cause delays in CONSULTANT's work schedule. 20. EXTRA WORK CONSULTANT shall receive compensation for extra work authorized by CITY in an amount as specified by the parties at the time authorization is given. Extra work shall be prior authorized in writing by the Project Administrator, and CONSULTANT shall not be entitled to extra compensation without such authorization. 21. REIMBURSEMENT FOR EXPENSES CONSULTANT shall be reimbursed for 1.15 times expenses listed in 6. REIMBURSIBLE EXPENSES of CONSULTANT's "Revised" Proposal. 22. MONTHLY INVOICES CONSULTANT shall submit invoices to CITY on a monthly basis for completed work per 4. ARCHITECT'S FEE of CONSULTANT's "Revised" Proposal attached hereto. Each invoice shall show the number of hours worked per classification of CONSULTANT's personnel, and the nature of the work performed. 23. PAYMENT OF COMPENSATION CITY shall make payments to CONSULTANT within thirty (30) days after receiving a monthly invoice unless CITY disputes the amount CONSULTANT claims is owed under this Agreement. 24. WITHHOLDINGS CITY may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue its work as a result of such withholding until a period of thirty (30) days from the date of withholding has expired. CONSULTANT shall have an immediate right to appeal to the City Manager as such disputed sums. The determination of the City Manager with respect to such matters shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of ten percent (10°1) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. TEN PERCENT (100) WITHHOLDING CITY may withhold an amount equivalent to ten percent (lOg) of 0 0 affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, subconsultant, employee or applicant for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS CITY reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (hereinafter referred to as "the Act ") , which (1) requires such persons to disclose financial interest that may be foreseeable affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. B. If subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach of contract and is grounds for termination of this Agreement by CITY. 29. SUBCONTRACTING A. CONSULTANT shall not subcontract any portion of the work required by this Agreement without prior approval of CITY, except as expressly stated herein. B. Subcontracts shall contain a provision making them subject to all provisions stipulated in this Agreement. 30. 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 9 day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as provided herein. All notices, demands, requests or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Attention: Lloyd R. Dalton All notices, demands, requests or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: LEESAK Architects AIA 3190 -K Airport Loop Costa Mesa, CA 92626 Attn: James W. Brittell, AIA 31. TERMINATION In the event CONSULTANT hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, CONSULTANT shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by CONSULTANT 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 CONSULTANT written notice thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement with seven (7) days' prior written notice to CONSULTANT 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. 32. COST OF LITIGATION If legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. WAIVER A waiver by CITY of any breach of any term, covenant or 10 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. 34. 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 herein. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST:' By: / City Clerk CONSUL By: Principal 11 Lam- • April 29, 1993 Mr. Lloyd Dalton Design Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 J0 LEESAK ARCHITECTS AIA ARCHITECTURE PLANNING INTERIORS 3190 -K Airport Loop, Costa Mesa, California 92626 FAX: (714) 556 -7396 TEL. (714) 979 -6283 Reference: "Revised" Proposal for Priority Structural ADA Alterations to City Faciiities (C -2941) Newport Beach, California 1. PROJECT DESCRIPTION A. Provide plans, general notes and cost estimates for work to remove priority structural barriers identified by the City in accordance with the requirements of the Uniform Building Code, 1991 edition and the Americans with Disabilities Act of 1990. The locations and scope of work shall be as identified in Attachment "A" - AMERICANS WITH DISABILITIES ACT TITLE II ELIMINATION OF BARRIERS dated 4122/93. 2. ARCHITECTURAL SERVICES The Architect's services will consist of the following: A. Field Verification Phase: The Architect shall perform the following services, subject to City's approval: 1. Field- verify the existing conditions, as -built drawings, ADA survey, and other information provided by the City and collect other necessary data to determine scope of accessibility requirements. 2. Investigate governmental agency requirements and advise the City accordingly. B. Design Development Phase: The Architect shall perform the following services: City of Newport Beach Priority Structural ADA Alterations April 29, 1993 Page 2 1. Prepare preliminary drawings, illustrating floor plans, exterior elevations, building sections, and partial site plan for new restrooms at Cliff Drive Park. 2. Prepare a list of solutions to all of the City provided ADA audits. 3. Prepare preliminary cost estimates for all of the work. C. Construction Document Phase: Architect shall perform the following services based on approved design development documents. 1. Prepare architectural working drawings and general notes. Coordinate finish grades to assure positive site drainage. 2. Provide structural engineering drawings for the new restroom construction at Cliff Drive Park (assume normal soil conditions). 3. Prepare plumbing engineering drawings. 4. Coordinate with City's points of contact: Lloyd Dalton of Public Works Department and Faysal Jurdi of Building Department. 5. Submit to Building Department for plan check and make all necessary corrections required for permit approval. E. Construction Phase: Architect shall perform the following services: 1. Assist City and City's construction inspectors by providing clarification and direction during construction as needed. 2. Resolve any problems caused by the errors and omissions of Architect by redesign or revising the construction documents. 3. CITY'S RESPONSIBILITY The City shall furnish the following items without cost to the Architect: A. All available "as- built" drawings. B. Legal description of the properties. C. Limited site surveys indicating existing grades and topography and other 0 City of Newport Beach Priority Structural ADA Alterations 1• April 29, 1993 Page 3 special conditions, and spot elevations at key locations relative to access. D. Provide access to all facilities as necessary to verify existing conditions. E. Any and all other information pertinent to the project. 4. ARCHITECTS FEE A. The Architect's compensation (including sub - consultants) for the services set forth above shall be a lump sum of Forty -One Thousand Dollars ($ 41,000.00). B. The time duration for this project is anticipated to be four (4) weeks upon execution of the contract. 5. ADDITIONAL SERVICES A. Any service requested by the City from the Architect and /or Architect's sub - consultants other than the basic services set forth herein including but not limited to public hearings, Architectural Review Board processing, bidding assistance, construction administration, clerk of the works, and correcting Contractor's errors, value engineering, signage design, etc. shall be performed as additional services. B. Architect's current hourly rates by personnel category are as follows: Principal $155.00 /hour Project Manager 125.001hour Project Architect 110.00 /hour Project Designer 110.00/hour Senior Architect 100.001hour Senior Planner 100.001hour Senior Designer 100.00/hour Specifications 95.00/hour ADA Project Arch. /CADD Systems 90.001hour Technician I 85.00 /hour Technician 11 75.00 /hour Technician 111 65.001hour Technician IV 55.00lhour Clerical 45.00/hour C. Refer to Attachment "B" for Architects' sub - consultants hourly rates. City of Newport Beach April 29, 1993 Priority Structural ADA Alterations Page 4 D. These rates are reviewed every twelve months from the date of the Agreement for possible adjustments to conform to the Architect's prevailing rates. 6. REIMBURSABLE EXPENSES The Architect shall render invoices to the City for the following reimbursable expenses billed to the Architect with a fifteen percent 15% administrative charge: A. All blueprinting, reproduction and photographic costs. B. All costs for renderings and models when requested by the City. C. All delivery, freight and postage charges. D. If authorized by the City, expenses of overtime work. E. Expense of any additional insurance coverage requested by the City in excess of that normally carried by the Architect and the Architect's consultants. 7. ASSUMPTIONS A. The work identified in the construction documents will be issued to the General Contractor as one entire single package. B. The scope of this project shall be performed under one phase and not divided into future phases. C. The "front end" Division 0 and 1 portions of the specifications shall be provided by the City. D. Asbestos abatement, toxic and hazardous material removal and /or studies are not included in this proposal. nb- ada.prp City of Newport Beach Priority Structural ADA Alterations y m V a F U F a N ` c a _ r _ w C � _ h a < a U j y Z Q ti az � G o C x 4 E, = L: C ti L y G y a ti c. 4 w� a a 5 C Q ATTACHMENT "A" J Y G C d m G •:. .7 FAQ. + J c: ^ rc G O w - Cc 4 i m O O � o c c K -» April 29, 1993 Page 5 U = y W d G d G Y ^.: � d d -•fin d 4 ". �Z' � ZC n G •.• 4 G • • 2 X Z U Q i. J.. L C G •'.�• G] 4 Q S Z_ :L•".L C .Q x: _- � _ 4 G❑ Z i U c.o o c�c c c c c c o c c cic K K K GT K K K N K O •O,' 0 0 0 �. G N m O c .N:; c c c c � m N r• m c o m o KKV+KK as c K S U Z O Z M f O O N G G L] _Q G N a G a c. m m N N C G G 0 O .:` ..�. o - e N N N n I rl N:N N f:'N N'.N.C:.n'..�'1. T P ;•• T ;� P t� r r P f n S U Z O Z M f O O N G G L] _Q G N a G a c. m m N N C G G 0 O City of Newport Beach Priority Structural ADA Alterations ATTACH M ENT '8" 0 CURRENT HOURLY RATES OF ARCHITECTS SUB - CONSULTANTS: 1 K 3. 4. SKT Structural Engineering, Inc. (Structural Engineer) Principal Associate Project Engineer Drafter Administration $125.00 /hour 95.00/hour 75.00 /hour 55.00/hour 30.001hour Pacifica Engineers, Inc. (Plumbing Engineer) Principal $85.00 /hour Design Engineer 75.00/hour Designer 55.001hour Drafter 30.001hour Clerical 25.00/hour Barfield Associates, Inc. (Cost Estimating) Senior Estimator $70.00 /hour Technical Support Servcies 50.001hour Support Services 30.001hour April 29, 1993 Page 6 Disabled Access Consultants - Ron Mincer (Alternative Access Consultant) Principal $40.00/hour