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
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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
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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 . Hu n, AI ,
Principal
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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
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City of Newport BE
Priority Structura
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ATTACHMENT "A"
9
April 28, 1993-
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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
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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
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April 29, 1993
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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
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Disabled Access Consultants - Ron Mincer (Alternative Access Consultant)
Principal $40.00/hour