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HomeMy WebLinkAboutC-3710 - Architectural design services for the Newport Coast Community Center (see also C-3838)E AMENDMENT NO. 1 TO 0 PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP. FOR NEWPORT COAST COMMUNITY CENTER THIS AMENDMENT NO. 1 T PROFESSIONAL SERVICES AGREEMENT, entered into this asp day of ffW 2006, by and between the CITY OF NEWPORT BEACH, a mun cii pal corporation, (hereinafter referred to as "City ") and DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP, whose address is 3194 D Airport Loop Drive, Costa Mesa, California, 92626 -3405, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. On June 22, 2004, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for archtectural services for the Newport Coast Community Center, hereinafter referred to as "Project ". This Agreement expired on December 30, 2005. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to December 30, 2007. C. City desires to compensate Consultant for additional professional services needed for Project which include: 1) Redesigning the baseball field in the adjoining Newport Coast Community Park in order to accommodate the community center's 122 -space parking lot (upsized from a 93 -space lot); and 2) Preparing fuel modification plans and specifications and methane gas control plans and specifications for the project since the building will be in close proximity to the Coyote Canyon landfill. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1" as provided here below. 0 • NOW, THEREFORE, the parties hereto agree as follows: 1. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Seventy Seven Thousand Seven Hundred and Twenty Dollars ($77,720). 2. The term of the Agreement shall be extended to December 30, 2007. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: C-� ff Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: B V u. M. &� LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Munici al Corpor i n By. Mayor for the City of Newport Beach Title: Print I&OA • ape, PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY & DOUGHERTY FOR NEWPORT COAST COMMUNITY CENTER, GYMNASIUM AND BRANCH LIBRARY THIS AGREEMENT is made and entered into as of thisv24 day of —J-4n '-- 2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and DOUGHERTY + DOUGHERTY ARCHITECTS LLP a corporation whose address is 3194 Airport Loop Drive, Cost Mesa, California, 92626 ( "Consultant "), and 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. City desires to develop Newport Coast Community Center, including a branch library and gymnasium, upon a parcel of land located at the northwest comer of Newport Coast Drive and San Joaquin Hills Road, said development known hereinafter as "Project'. C. City desires to engage Consultant to all provide architectural services needed and prepare conceptual, preliminary.and final plans, specifications and estimates for Project, and to provide architectural support for Project during construction "Project ". D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Betsey Olenick Dougherty, FAIA. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 on the above written date, and shall terminate on the 30 day of December, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Seventy Five Thousand Dollars and no /100 ($575,000.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written. approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent 2 0 0 on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined. by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set.forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Betsey Dougherty to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 112 • • 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton, P.E. shall be the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services 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 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by 51 0 • reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 6 11 12. 13. 14. COOPERATION Consultant agrees to Project Administrator interest in the work to on the Project. CITY POLICY 0 work closely and cooperate fully with City's designated and any other agencies that may have jurisdiction or be performed. City agrees to cooperate with Consultant Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 91 • • D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 0 0 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. Vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. W • 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 'As- Built' plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD N • 0 data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others; or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, .Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a 10 • • period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant 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 work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant. which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall 11 28. 0 0 be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Lloyd Dalton Public Works Department City of Newport Beach 3.300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3328 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Betsey Dougherty Dougherty + Dougherty Architects LLP 3194 Airport Loop Drive Costa Mesa. CA 92626 Phone: (714) 427 -0277 Fax: (714) 427 -0288 TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to. City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 12 0 29. COMPLIANCE WITH ALL LAWS r1 Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party 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. 31. 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. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 0 0 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: — L City A omey for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 0 June 18, 2004 Mr. Stephen G. Badum, P.E. Director, Public Works Department City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 -3884 0 Exhibit A Dougherty ®o Daughercy Re: Revised Proposal for Architectural and Engineering Services Newport Coast Community Center, Gymnasium and Branch Library D + D Project No. 20312 A -3 Dear Steve: Dougherty +Dougherty Please accept this revised proposal for architectural and engineering consulting services Architects LLP for the design, construction document preparation, plancheck, bid support and Architecture construction administration for the Newport Coast Community Center, Gymnasium and Planning Branch Library, to be located at the intersection of Newport Coast Road and San Joaquin Interior Design Hills Road in Newport Beach, California. The scope of work is to include: a community 3194 D center with a small administration area, community rooms with warming kitchen, and Airport Loop dedicated restrooms; a gymnasium with bleachers, a stage, storage areas, a lobby and costa mesa vending area, and dedicated toilet rooms; a branch library with reading areas, a youth car -3405 92626 -3405 loun e a technology oom stack areas staff and storage areas and dedicated toilets; and g � � � � g r � Tel: 714.427.0277 a new parking lot and planters with pedestrian circulation connecting the adjacent park Fax: 714.427.0288 and sidewalks. This proposal is based upon the conceptual design work provided to date. www.ddaia.corr The relative locations of each component of the design are to be revisited as a part of the schematic design process as the precise plan layouts are developed. The project budget is understood to be $7 million, with a construction budget of 75 -80% of that amount, or $5,250,000 — 5,600,000, including a contingency of 10 %. The net target construction budget, then, is understood to be approximately $5 million. Our revised conceptual estimate of cost, dated June 3, 2004, totals $8,717,453 of construction, including the library. This revised estimate of our previous estimate of last August reflects the significant increase in construction costs in that period of time. It is generally agreed that the library should be part of the design solution, and should be bid as an alternate. it is my understanding that additional funding may be available, and that the library should be included in the construction documents as an alternate from the beginning. The following revised fee proposal is structured to fairly compensate the architect for the full scope of work, and to preserve future options for the City of Newport Beach and the Newport Coast Community. It is proposed that a $7 million construction cost be assumed as a basis for the percentage of budget fee proposal converted to a fixed fee, with the option to adjust the fee to meet the agreed -upon scope and construction budget at the end of design development, and again when the project is bid and awarded. This will recognize the present discrepancy between our estimate and the City budget, and allow us future opportunities for consideration and adjustment. Attached please find a narrative describing our scope of services, with a description of the support to be provided by the City of Newport Beach. Consultants included in this proposal include: civil engineering for a precise grading plan and site utilities; a structural • • Mr. Stephen G. Badum, P.E. June 18, 2004 Page 2 engineer; a mechanical /plumbing engineer who will also provide Title 24 energy calculations; an electrical power, lighting and technology engineer; a landscape architect for planning and irrigation plans; and a cost estimator for DD and CD estimates. It is anticipated that the design and site planning portion of the work will require intensive meetings with members of the City of Newport Beach and the Newport Coast Community Associations. Each phase of the work will also require presentations to the Planning Department and City Council. I am personally prepared to attend meetings as requested to build a collaborative working relationship with all parties, and to gain the approval of the community and the City as the work progresses. The proposed fee and phased fee distribution analysis for the purposes of calculating the appropriate fee is as follows, reflecting a percentage of construction cost converted to a fixed fee: Total Fee: The total fee is proposed to be 8% of the cost of construction, less the $10,000 already expended for the planning and feasibility study, converted to a lump sum. Although our estimate for the full scope of construction is $8,717,000, we will use the amount of ;® $7,000,000 for this initial proposal as previously discussed. The proposed fee is as follows: 8% x $7,000,000 = $560,000.00 - $10,000 = $550,000 Schematic Design 15% x $560,000 - $5,000 = $ 79,000 Design Develop. 20% x $560,000 - $5,000 = $ 107,000 Design Fee Subtotal (includes fee credit of $10,000): $186,000 At the end of Design Development, we will submit our first area takeoff cost estimate, including the library as a separate cost, to determine our relationship to our budget expectations. We will proceed with construction documents, then, with the library as an alternate, per your direction: Construction documents will be prepared with the library, for 35 %x $560,000 = $196,000 Plancheck/backcheck for approval will be 5% x $560,000 = $ 28,000 Bid Support will be 5% x $560,000 = $ 28,000 Construction Administration will be 20% x $560,000 = 11$ 2,000, Total Fee for $7,000,000 budget = $550,000 • 0 Mr. Stephen G. Badum, P.E. June 18, 2004 Page 3 At the conclusion of the Design Development Phase, and once again at the time of award of bid, the architectural fee will be revised to be 8% of the agreed -upon budget and award, converted to a revised fixed fee. Please be aware that our estimate, with the library, at this time is in excess of $8 million. Reimbursable Expenses: Reimbursable expenses are to include: printing for City review at the end of each phase of work; printing for plancheck and backcheck approval; same day courier service as requested by the City; and, printing, mounting and framing of enlarged three - dimensional digital renderings. Reimbursable expenses are to be billed at 1.1 x direct cost, and not -to- exceed $25,000 without prior authorization. If the City will be establishing an account for the project at a local reproduction vendor, we will send prints directly to that location and expressly for the above purposes. In this case, our not -to- exceed reimbursement cost may be reduced to $5,000 to cover any courier or presentation needs. All printing for the in -house preparation of documents and for consultant coordination is at no cost to the City. Please review this proposal and call me with any additional comments. Attached is a ®® spreadsheet of fee distribution, and June 2004 conceptual cost estimates for the entire N project and the library only. We are prepared to begin work immediately upon your Partner BOD:abs Attach. cc: Dave Kiff, City of Newport Beach wA 3 projecn\20312 ne port gym fee prp.d. El 0 Exhibit B Preliminary Project Program and Estimate of Cost Newport Coast Community Center, Gymnasium and Children's Branch Library Revised June 3, 2004 D+D Project No. 20312 A-5 Dougherty _ Dougherty Architects LLP C-\D=,.=7 and 5emi.gALEC.DD—DOM\L=I FtIngOLK!%Pmjea P.,opm and cwt nsdmae &2-03.A, Page 1 Net s. f. Unit I CoWs.f. I Total Gyinnasiuni I 8,000Isf 1 $ 275 1 $ 2,200,000 Gymnasium Equipment 115 $ 200,000 Office 'I 201sf s S 225 $ 27,000 Lobby 200 Sf $ 225 $ 45,000 Staff Toilet 641 Sf $ 3001 $ 1%200 Catering Kitchen 2001sf Electrical Room I I 501sf 1 $ 300 $ 60,000 Community Room #1 (Adjoining with dividing wall) 750 I Sf 1 $ 225 $ 168,750 Community Room #2 (Adjoining with dividing wall) 750 s $ 225 J $ 168,750 Community Room #3 750 s I S 225 1 $ 168,750 Storage Room 2001sf I S 150 1 5 30,000 Restroon is (2) 6401 sf I $ 300 1 $ 192,000 Utility Room 80 s 1 $ 200 1 $ 16,000 Telecom Room 801s�. 1 $ 200 1 $ 16,000 Computer Lab /Homework Center 4001sf 1 $ 250 1 $ 100000 Subtotal Community Center I 3,8341st I I S 911,450 Dougherty _ Dougherty Architects LLP C-\D=,.=7 and 5emi.gALEC.DD—DOM\L=I FtIngOLK!%Pmjea P.,opm and cwt nsdmae &2-03.A, Page 1 Gyinnasiuni I 8,000Isf 1 $ 275 1 $ 2,200,000 Gymnasium Equipment 115 $ 200,000 1 $ 200,000 Gymnasium Storage I 600 s $ 15() $ 90,000 Lobby/Reception I 400Isf 400 $ 22S S 90,000. Stage with Storage 1 1,200 14 $ 275 1 S - 330,000 Restroonis (2) 1 400 s $ 300 1 120,000 Electrical Room I I 501sf $ 250 $ 37,500 Vending Area I 700 sf $ 225 1 $ 22,500 I 2001sf $ 225 Sub—total Gymnasium 10,850ISf 1 1 $ 3,090,000 Dougherty _ Dougherty Architects LLP C-\D=,.=7 and 5emi.gALEC.DD—DOM\L=I FtIngOLK!%Pmjea P.,opm and cwt nsdmae &2-03.A, Page 1 PreschoolIK Board Book, Picture Books, Beginning Readers, Parenting 300Isf S 225 $ 67,500 Storytirne Room 400 sf I S 225 $ 90,000 Elementary Area Paperbacks, Nonfiction, Fiction Collection Area 300 sf $ 225 1 $ 67500 Workstations with Learning Gaines; Alpha Smarts 2001sf $ 225 $ 45,000 Tables and Chairs 1 225 Isf 1 $ 225 1 $ 50,625. Teen Area Reading Lounge with beanbag seating 100 1 Sf S 225 22,500 Study tables 400 sf I S 225 1 S 90,000 Computer Lab /Homework Center 4001sf 1 $ 250 1 $ 100000 Paper a k, �,Ovg, Magazines I 3001sf I $ 225 1 S 67J00 Dougherty _ Dougherty Architects LLP C-\D=,.=7 and 5emi.gALEC.DD—DOM\L=I FtIngOLK!%Pmjea P.,opm and cwt nsdmae &2-03.A, Page 1 0 0 General Children 1'61iES91'- 1 SE _-"°. .��t'i>�,t�$!` sf $ 5,848,475 Collection Area 200 sf $ 225 S 45,000 Juvenile Videos/CDs 200 sf $ 225 $ 45,000 $ 300,000 Roadway and Parking Lots sf Is $ 200,000 Administration Sidewalks and Patios Ils $ 200,000 Reception Lobby 1501st 1 $ 225 1 S 33,750 Circulation. /Reference Desk 300 sf I $ 225 1 $ 67,500 Office 1201st S 225 1 $ 27,000 Staff Area 240isf j 5 225-T$ 54,000 Workroom 2001sf $ 225 1 S 45,000 Storage /Book Room ')00 sf $ 165 $ 33,000 Receiving Area 1001sf $ 165 $ "16,500 Telecom Room SOlisf $ 200 $ 10,000 Restrooms (2) 128 sf $ 300 $ 38,400 General Space Media - Video; DVD, CD 2001st S 225 1 $ 45,000 Magazines I00 sf S 225 $ 22,500 Reference Books I 100 sf I S 225 1 $ 22,500 Bestseller Area 400jsf I $ 225 $ 90,000 Table /Chairs 150, sf 1 $ 223 $ 33,750 Library Catalogs/Workstations - lntemetiFullTezt. 3001sf 1 $ 225 1 $ 67,$00 Clock Tower Is $ 350,000 $ 330,000 Cell Equipment Enclosure Is $ 250,000 S 250,000 Subtotal Library 1 3,7631 1 S 1;897,025 t !1'fi 1'61iES91'- 1 SE _-"°. .��t'i>�,t�$!` sf $ 5,848,475 Gross to Net S.F. (Net x 10X) 2.044 sf S 225 $ 459,900 Subtotal Cleaning, Grading and Site Prep. Its S 300,000 $ 300,000 Roadway and Parking Lots sf Is $ 200,000 $ 200;000 Sidewalks and Patios Ils $ 200,000 S 200,000 Steps and Ramps Is $ 100,000 $ 100,000 Planting and Irrigation Is $ 150,000 $ 150,000 $ 493,441 Grand Total (Community Center, Gymnasium, Library) Subtotal Site Improvements j $ 8,717,433 S 950,000 Total 20,447 sf $ 5,848,475 Gross to Net S.F. (Net x 10X) 2.044 sf S 225 $ 459,900 Subtotal $ 7,308,375 Outside Covered at 1/2 1,300 sf $ 112 $ 168,000 Subtotal $ 7,476,375 Contingency (10%) $ 747,638 Subtotal $ 8,274,013 Escalation to mid - point of construction (6 %) $ 493,441 Grand Total (Community Center, Gymnasium, Library) $ 8,717,433 Dougheri7) + Dovohero) Architects LLP C 0=naedo and Se�ngSAL E= rD DUM\LO 1 S_RinesCremaore / Inwniet Files \OLMProjei Propm and cast estimate 6- 2 -S.As. Page 2 LI Preliminary Project Program and Estimate of Cost Newport Coast Branch Library Only Revised June 3, 2004 11 D+D Project No. 20312 A-5 Dougherty + Dougherty _Architects UP ands gmgsALECDD DOMAW.] 5c.rndFffndapomry In8,rEt.-11C9)LKI%?mj-= Proguina and mV, uthrnet = Page 1 Net .f. Unit cost/s.f. Total LA W-1 11" w, Preschool/K Board Book, Picture Books, Beginning Readers, Parentin2 I 300 sf $ 225 $ 67,500 Storytime Room 1 $ 225 $ 90,000 Elementary Area Paperbacks, Nonfiction, Fiction Collection Area 3001sf $ 225 S 67,500 Workstations with Learning Games; Alpha Smarts 2 00 1 sf S 225 $ 45,000 Tables and -Chairs 2251sf $ 225 1 $ 50,625 Teen Area Reading Lounge with beanbag :eating 100 sf $ 223 1 $ 22,500 Study tables Computer Lab/Homework Center 400 sf $ Z50 $ 100,000 Paperbacks, Novels, Magazines 300 if 225 S 67,500 General Children Collection Area 200 sf $ ')')S $ 45,000 Juvenile Videos/CDs 200 sf' $ 225 $ 45,000 Administration Reception Lobby 150 sf $ 225 S 33,750 Circulation /Reference Desk 225 .......... 6 /,300 Office 120 sf ;8 225 $ 27,000 Staff Area 240 sf $ 225 $ 54,000. Workroom 2001sf 5 225 1 $ 45,000 Storage/Book Room 200 sf $ 165 $ 33,000 Receiving Area 100 s $ 165 $ 16,500 Telecom Room 5017f $ 200 $ 10,000 Restrooms (2) 1 ?81sf $ E001 $ 38,400 General Space Media - Video, DVD, CID 200 sf $ 225 $ 45,000 Magazines 100 sf S 225 $ 22,500 Reference Books 1001sf I $ 225 1 $ 22,500 Bestseller Area 400 1 sf 1 $ 225 1 $ 90,000 Table/Chairs J 1501 sf I $ 225 J S 33,750 Library Catalogs/Workstations - I nternee, Full Text I 3001sf 1 $ 223 1 $ 67,500 Clock Tower Is 1 $ 350,000 $ 350,000 Cell Equipment Enclosure Is 1 $ 250,000 $ 250,000 subtotal-Library 5763� S 1,897,025 Dougherty + Dougherty _Architects UP ands gmgsALECDD DOMAW.] 5c.rndFffndapomry In8,rEt.-11C9)LKI%?mj-= Proguina and mV, uthrnet = Page 1 0 • Total 5763 s j $ 1,897,025 Gross to Net S.F. (Net x 10 %) 576 sf $ 225 $ 129,600 Subtotal $ 2,026,625 Contingency (10 %) $ 202,663 Subtotal $ 2,229,288 Escalation to mid -point of construction (6 %) Grand Total- Library $ 133,757 $ 2,363,045 Dougherty + Dougherty Architects LLP CAO.c=ena and SetUngsW.EC.OD OOALod Semn$ATemporary Interne[ Fi WOLKAPrc e=Program and mstesUmate 6- 2- 03.xis Page 2 0 0 Fee Proposal for Architectural and Engineering Services Newport Coast Community Center, Gymnasium and Branch Library Date: May 20, 2004 D +D Proi. No. 20312 A -3 The following itemized fee proposal is prepared as a supplement to our proposal of May 3, 2004. Hourly rates include direct personnel expense, overhead, and profit The budget is understood to be $5,750,000 of construction. Sc erratic Design (With the Library) Architect Principal 96 hrs. x $140 /hr. = $13,440 Architect Project Manager --TO6 hrs. x —TTTU-/hr. = Architectural Designer --TO—O hrs. x --2-GU --T97/hr. = SOW 05 Architect Technical hrs- x 75 /hr. = Civil Engineer LG hrs. x $130 /hr. _ ,600 Structural Engineer --T6- hrs. x 047/hr. = 5704 Mechanical /Plumbing Engineer --7T hrs. x $ F20 Ihr. = 3,840 Electrical Engineer 32 hrs. x --5 /hr. = $3� Landscape Architect hrs. x $T-20 /hr. = 2,4 0 Cost Estimator 72 hrs. x 120 /hr. = 0670 Subtotal: $84,800 Credit of $5,000: ($5,000) Total: $79,800 Rounded to: $79,000 esi n Development (With the Library) Architect Principal 100 hrs. x $140 Ihr. = $14,000 Architect Project Manager 127 hrs. x 110 /hr. = -7-17797) Architectural Designer 180 hrs. x $95 /hr. = 17,100 Architect Technical 2= hrs. x $75 /hr.= 5,000 Civil Engineer 40 hrs. x 30 /hr. _ $ Civil Tech 40 hrs. x 75 Ihr. _ $3,0>)— Structural Engineer 60 hrs. x 40 /h r. = $8,400 Structural Technical --77 hrs. x 75 /hr. = Mechanical /Plmbg. Engineer Mechanical Technical 40 hrs. x 40 hrs. x 20 /hr. 07 -� /hr. = = 3700 Electrical Engineer 40 hrs. x $120 /hr. = --54—,8-GO- Electrical Technical 40 hrs. x 75 /hr. = 77 OW Landscape Architect 36 hrs. x X12 -7/hr. = 4,320 Landscape Technical hrs. x $75 /hr. = 00 Cost Esti mating 80 hrs. x --$2S /hr. = 9,60 Subtotal: $112,620 Credit of $5,000: ($5,000) Total: $107,620 Rounded to: $107,000 Construction Documents (Without the Library) A. Preparation of Construction Plans and Specifications. Architect Principal 60 hrs. x $140 /hr. = $8,400 Architect Project Manager 0—hrs. x $ 10 /hr. = 33,00 Architect Technical 900 hrs. x 75 /hr. = 77 Civil Engineer 40 hrs. x T$ TT /hr. = 5,200 Civil Technical 80 hrs. x 75 /hr. _ $6,00U- Structural Engineer -----8T hrs. x $940 /hr. _ , 00 Structural Technical 1-27 hrs. x 75 /hr. /hr. = 00 --- 7, 0 MechanicaVPlmbg. Engineer 60 hrs. x 20 = W.UO03 ftjn m}2wr2 n .In C.ffl a Pmpoul 04 05 20.,x: Dougherty + Dougherty Architects LLP Subtotal: Rounded to B. Planchecking/backchecking Architect Project Manager 60 hrs. x $110 /hr. Mechanical Technical 100 hrs. x $75 /hr. = $7,500 Electrical Engineer -77 hrs- x --PTF /hr. = X007 Electrical Technical --T27 hrs. x — $i5- /hr. = ---59,ZW Landscape Architect --4-G- hrs. x 20 /hr. = = Landscape Technical ---ff hrs. x 75 /hr. = SOW Cost Estimating - �6hrs. x —f /hr. = --3777 Clerical (Specifications) ---2U hrs. x ---$T5-/hr. = ALT, W Subtotal: Rounded to B. Planchecking/backchecking Architect Project Manager 60 hrs. x $110 /hr. = $6,600 Architect Technical 120 hrs. x ---5-73- /hr. = 9,0 0 Civil Engineer Structural Engineer --1-6 hrs. x 40 hrs. x 730 $fTG- /hr_ /h r. = 6- = 5,600 Mechanical Engineer 16 hrs. x 20 /hr. = Electrical Engineer ---7U hrs. x 20 /hr. = 2,400 Landscape Architect 8 hrs. x --3T2FAr. = ., 0 _ $960 Subtotal: Rounded to jBidding Phase (With the Library $196,600 $28,560 A. Provide bidding support services, including response to inquiries, issue of addenda, attendance at bid opening, and evaluation of bids. Architect Principal Architect Project Manager Architect Technical Engineering Support Subtotal: Rounded to: 16 hrs. x $140 /hr. = $2,240 7T hrs. x 110 /hr. = --- 57-,-9 120 hrs. x 75 /hr, = 9,000 80 hrs. x 20 /hr. _ --59,-60-0 Construction Administration (With the Library) A. Provide construction administration (includes punchlist and as- builts) Architect Principal 40 hrs. x $140 /hr. = $5,600 Architect Project Manager 320 hrs. x --STTF /hr. = 35, TO 0 Architect Technical 220 hrs. x $75 /hr. _0 Civil Engineer � hrs. x 30 /hr. = 5,20 Civil Technical 24 hrs. x ---T7 - /hr. = 1,800 Structural Engineer X00 hrs. x 140 /hr. = 4, 00 Structural Technical 48 hrs. x 75 /hr. = ., 0 MechanicaVPlmbg. Engineer ---86 hrs. x 20 /hr. = 9,6 Mechanical Technical 24 hrs. x 75 /hr, = 800 Electrical Engineer 80 hrs. x 20 /hr. = -77,TU0 Electrical Technical ---4U hrs. x 75 /hr.= 3,000 Landscape Architect 40 hrs. x - 12-(T /hr. = 4,800 Landscape Technical -= hrs. x 75 /hr. = ---TT,-5-07 Subtotal: Rounded to Total Fee Total Fee Rounded To: $28,760 $196,000 $28,000 $28,000 $112,200 $112,000 $553,540 $550,000 W.V003 Pmjec QQ312 Newport Co Fee Pmro l040520.x;s Dougherty +Dougherty Architects LLP - • • Notes: 1. Reimbursable expenses for submittals to include reproduction and delivery N.T.E. $25,000 as required at 1.10 x direct cost (not including bid or construction). 2. Fee does include a virtual model, and photographic services. 3. Fee does include 100% electronic documents, plotting, fax, e -mail, and in -house printing for A/E use. 4. Interior design services (FFE) are available as an additional service and may be authorized as an amendment to the contract at a later date. BOD:abs k':12003 Projens120372 Nepoa Cw gVee PWo J 04 05 20.rh Dougherty +Dougherty Architects LLP te: 7/13/2004 Time: 10:18 AM To: City NB @ 19496443318 Client$- 539R - 1 -510- 452 -2193 Page: 002 -005 10QHnOIiG ACORD,w CERTIFICATE OF LIABILITY INSURANCE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DAM (04100 /YY) PRODUCER POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 A ONLY HOLDER. ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711 -0550 11/15/04 EACH OCCURRENCE $1000000 714 427 -6810 $1000000 INSURERS AFFORDING COVERAGE INSURED Dougherty +Dougherty Architects LLP 3194 -D Airport Loop Drive Costa Mesa, CA 92626 -3405 INSURERA: United States Fidelity & Guaranty INSURER 6: American Automobile Ins. Co. INSURER C: INSURER D: $10,000 INSURER E: $1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATE MM/DDIri POLICY EXPIRATION DATE MM/DW" UNITS A GENERAL LIABILrrY BKO1246974 11/15/03 11/15/04 EACH OCCURRENCE $1000000 FIRE DAMAGE (Ay ona fire) $1000000 X COMMERCIALGENER�ALL'iABILITY CLAIMS MADE U OCCUR MED EXP (Any one Pe ) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERALAGGREGATE s2'000.000 GEN'L AGGREGATE LIM IT APPL IES PER: PRODUCTS . COMP /OPAGG $2000000 POLICY MELT LOC A �'AUTOMOBILELIAWLRY ANY AUTO BKO1246974 11175(03 11115!04 con+eml:D SINGLE LIMIT (Ea amitlenl) $1,000,000 BODILY INJURY (P� Pars.) $ , ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Par accCen() $ HIREDAUTOS NON-OWNED AUTOS X PROPERTY DAMAGE - (Per acritlem) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN „ EA ACC AUTO ONLY: AGG Ib I$ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION ¢ B WORKERS COMPENSATION AND WZP80915876 1 09101103 09/01104 1L WC STATU- OTH� ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EAEMPLOYEE $1,000,000 E.L. GISEASE -POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERATIONS !LOCATIONS /VEHICLESIEXCLU9oNS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Newport Coast Community Center, Gymnasium and Branch Library The City of Newport Beach, its officers, officials, employees and volunteers are Additional Insured as respects to General & Auto Liability. Coverage afforded the Additional Insured is primary and non - contributory (See Attached Descriptions) City of Newport Beach Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92658 I L;YnIFM 9A G 19(67) • _v.. ............. SH OULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TR E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL AXR5qV99X3P MAIL 3D —DAYS WFUTMN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, B)O JQylX%X=M.IURX AUTHORIZED REPRESENTATIVE ...— n APnPM rnPPIRATIr,W tam 7/13/2004 Tim=_: 10:18 AM To: City NB @ 19496443338 1-510- 952 -2193. P3a@.: 003 -005 AKP.S 253 (07157) 2 of 2 ' =1608 te: 7/13/2004 Time: 10:18 AM To: City NB 60 19496443318 1 -510- 452 -2193 Page: 004 -005 Policy Number: BKO1246974 Owners, Lessees or Contractors (Form B) ADDITIONAL INSURED Change(s) Effective: 7/13/04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Newport Beach Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 52658 n SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you- The City of Newport Beach, its officers, officials, employees and volunteers PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS THE SOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CUBF 22 40 03 95 =e: 7/13/2004 Time: 10:18 AM To: City NB @ 19496443318 1 -510- 452-2193 Page: 005 -005 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP8 09158 76 Issued to: Dougherty + Dougherty Architects LLP By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach The City of Newport Beach, its officers, Public Works Dept. officials, employees and volunteers 3300 Newport Blvd. Newport Beach, CA 92658 WC 04 03 06 (Fri A -PAi Countersigned by � &"� 1� Grtfhnri>nrb IZonrocnnf•¢f ivn Jul 13 04 03:21p Brown Brown 714-923-1872 p.1 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3 - —G �t Dept. /Contact Received From: _S_ Date Completed: ) 3 y Sent to: sj-\ A u.v\ a_ By: Company/Person required to have certificate: Dc:u 4 ) e^4V 6.6 tt I_ GENERAL LIABILITY A. INSURANCE COMPANY: U y)) + c { B. AM BEST RATING (A: VII or greater):)( y C. ADMITTED Company (Must be California Admitted): Yes ❑ Is Company admitted in California? No D. LIMITS (Must be $1 M or greater): What is limit provided? 4 q5 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? W Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? '[Yes ,❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? . ❑ Yes 2rNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of " cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: U y, ,J C A 's4a+C S I— I d e.J� B. AM BEST RATING (A: VII or greater): A x V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? 9Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? r j E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? [( Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): e a Is it included? ❑ Yes ❑ No G. ' NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mad; per Lauren Farley, the City will accept the endeavor wording_ 111. WORKERS' COMPENSATION n} p A. INSURANCE COMPANY: A yy-, 1 - B. AM BEST RATING (A: VII or greater): A X V C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? WYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? • • Certificate of Insurance 1 Of 1 /179643 Description of Operations /LocationsNehicles /Restrictions /Special items: EVIDENCE OF INSURANCE -Written at nnnrennte limits of liahility not loss than amnunt shnwn ..._.. _..._ Certificate Holder: .... _.._.. _. THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2244 West Coast Highway, Suite 200 NOT AMEND, EXTEND OR ALTER THE COVERAGE Newport Beach, CA 92663 AFFORDED THE POLICIES LISTED BELOW. THE EVENT OF CANCELLATION FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Insureds Name and Address: Dougherty +Dougherty Architects, LLP 3194 D Airport Loop Drive Costa Mesa, CA 92626 Companies Affording Policies: A. Everest National Insurance Co. B. D D. E. F. cc: I Description of Operations /LocationsNehicles /Restrictions /Special items: EVIDENCE OF INSURANCE -Written at nnnrennte limits of liahility not loss than amnunt shnwn ..._.. _..._ Certificate Holder: .... _.._.. _. THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of Newport Beach CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION 3300 Newport Blvd. P DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Newport Beach, CA 92663 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. - AuthOrizedRepmentative: 1 07/02/04 J) J cc: I CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S -39 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department cnvQ3 Stephen G. Badum LJ 949 - 644 -3311 N <: 1004 sbadum @city.newport- beach.ca.us a SUBJECT: NEWPORT COAST COMMUNITY CENTER- PROFESSIONAL b SSO1s4o SERVICES AGREEMENT WITH DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP. RECOMMENDATION 1. Direct staff to execute a Professional Services Agreement with Dougherty and Dougherty Architects, LLP, for architectural design services at a not to exceed contract price of $575,000.00 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a budget amendment appropriating $600,000 from the Newport Coast Building Fund unappropriated fund balance to 7298- C5100705, Newport Coast Community Center project. DISCUSSION: As a part of the Newport Coast Annexation, the City committed to construct a community center in Newport Coast. The annexation provided for a budget of $7 million to design and construct such a facility. City staff has been working with the Newport Coast Advisory Committee to establish a conceptual framework which may include a community center, gymnasium, and branch library. To assist with the conceptual plan, City staff hired Dougherty and Dougherty Architects to prepare concepts and rough cost estimates. City staff had previously reviewed their qualifications during the Mariners Library selection process. While they were not successful in landing the Library design contract, City staff was impressed with their experience in the design of public facilities and recommends this firm be retained. Staff has successfully negotiated a fee of $575,000.00 with Dougherty and Dougherty Architects to provide the necessary scope of services. The scope of professional services included and cost breakdowns are attached for your review. In general, the scope includes a Schematic Design Phase, Design Development Phase, Production of Construction Documents, Bid Support, and Construction Administration Support. SUBJECT: Newport Coast Com Center — Professional Services Agreement wit�gherty and Dougherty Architects, LLP June 22, 2004 Page 2 The Newport Coast Advisory Committee strongly supports proceeding with the design of the Community Center including the gymnasium and library. In light of the current trends in construction costs, it is anticipated that the estimated cost of the project design may exceed available funding. A conceptual estimate of the project including the library was prepared by Dougherty & Dougherty and totaled $8,717,453. Therefore, the project construction and bid documents will incorporate the library as an alternative. Once the design is complete, the City will review the cost estimates and determine if the library can be constructed as a part of the community center. Funding Availabiliiv: The work under this contract will be funded in accordance with the Newport Coast Pre - Annexation Agreement, which provides for a budget of $ 7 million within the Newport Coast Building Fund. Account Description Newport Coast Community Center Environmental Review: Account Number Amount 7298- C5100705 $ 600,000.00 Architectural /Engineering design services are not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, an environmental review and the appropriate documentation will be prepared after the scope of construction work has been finalized. Submitted by: Badum Da iff s Director Assis ant City Manager Attachment: Professional Services Proposal Dated June 18, 2004 u 0 0 E PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY & DOUGHERTY FOR NEWPORT COAST COMMUNITY CENTER, GYMNASIUM AND BRANCH LIBRARY THIS AGREEMENT is made and entered into as of this day of 2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DOUGHERTY + DOUGHERTY ARCHITECTS LLP a corporation whose address is 3194 Airport Loop Drive, Cost Mesa, California, 92626 ( "Consultant "), and 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. City desires to develop Newport Coast Community Center, including a branch library and gymnasium, upon a parcel of land located at the northwest comer of Newport Coast Drive and San Joaquin Hills Road, said development known hereinafter as `Project'. C. City desires to engage Consultant to all provide architectural services needed and prepare conceptual, preliminary and final plans, specifications and estimates for Project, and to provide architectural support for Project during construction "Project ". D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Betsev Olenick Dougherty, FAIA. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 on the above written date, and shall terminate on the 30 day of December, 2005, unless terminated earlier as set forth herein. • 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond is Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Seventy Five Thousand Dollars and no /100 ($575,000.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 , Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent 2 LI on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Betsey Dougherty to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 3 A 7 8. 0 9 ADMINISTRATION 0 This Agreement will be administered by the Public Works Department. Lloyd Dalton, P.E. shall be the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. STANDARD OF CARE 8.1 All of the services 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 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by 4 0 • reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or, omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 5 P F 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceotab/e Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 6 D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000): E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. . F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 8 0 • . 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 'As- Built' plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD 9 • • data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a 10 0 i period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant 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 work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall 11 • • be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Lloyd Dalton Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3328 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Betsey Dougherty Dougherty + Dougherty Architects LLP 3194 Airport Loop Drive Costa Mesa, CA 92626 Phone: (714) 427 -0277 Fax: (714) 427 -0288 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 12 9 1] 0 0 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party 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. 31. 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. 0 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 • • 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: City Attorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: CONSULTANT: By: By: LaVonne Harkless, City Clerk Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 0 14 Dougherty+Dougherty Architects LLP Architecture Planning Interior Design 3194 D Airport Loop Costa Mesa California 92626 -3405 Tel: 714.427.6217 Fax: 714.427 wwmcddaia.corn .com 0 June 18, 2004 Mr. Stephen G. Badum, P.E. Director, Public Works Department City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 -3884 • Exhibit A DomgEnt-,7)1 ou. DsPughe y Re: Revised Proposal for Architectural and Engineering Services Newport Coast Community Center, Gymnasium and Branch Library D + D Project No. 20312 A -3 Dear Steve: Please accept this revised proposal for architectural and engineering consulting services for the design, construction document preparation, plancheck, bid support and construction administration for the Newport Coast Community Center, Gymnasium and Branch Library, to be located at the intersection of Newport Coast Road and San Joaquin Hills Road in Newport Beach, California. The scope of work is to include: a community center with a small administration area, community rooms with warming kitchen, and dedicated restrooms; a gymnasium with bleachers, a stage, storage areas, a lobby and vending area, and dedicated toilet rooms; a branch library with reading areas, a youth lounge, a technology room, stack areas, staff and storage areas, and dedicated toilets; and a new parking lot and planters with pedestrian circulation connecting the adjacent park and sidewalks. This proposal is based upon the conceptual design work provided to date. The relative locations of each component of the design are to be revisited as a part of the schematic design process as the precise plan layouts are developed. The project budget is understood to be $7 million, with a construction budget of 75 -80% of that amount, or $5,250,000 — 5,600,000, including a contingency of 10 %. The net target construction budget, then, is understood to be approximately $5 million. Our revised conceptual estimate of cost, dated June 3, 2004, totals $8,717,453 of construction, including the library. This revised estimate of our previous estimate of last August reflects the significant increase in construction costs in that period of time. It is generally agreed that the library should be part of the design solution, and should be bid as an alternate. It is my understanding that additional funding may be available, and that the library should be included in the construction documents as an alternate from the beginning. The following revised fee proposal is structured to fairly compensate the architect for the full scope of work, and to preserve future options for the City of Newport Beach and the Newport Coast Community. It is proposed that a $7 million construction cost be assumed as a basis for the percentage of budget fee proposal converted to a fixed fee, with the option to adjust the fee to meet the agreed -upon scope and construction budget at the end of design development, and again when the project is bid and awarded. This will recognize the present discrepancy between our estimate and the City budget, and allow us future opportunities for consideration and adjustment. Attached please find a narrative describing our scope of services, with a description of the support to be provided by the City of Newport Beach. Consultants included in this proposal include: civil engineering for a precise grading plan and site utilities; a structural • 0 Mr. Stephen G. Badum, P.E. June 18, 2004 Page 2 engineer; a mechanical /plumbing engineer who will also provide Title 24 energy calculations; an electrical power, lighting and technology engineer; a landscape architect for planning and irrigation plans; and a cost estimator for DD and CD estimates. It is anticipated that the design and site planning portion of the work will require intensive meetings with members of the City of Newport Beach and the Newport Coast Community Associations. Each phase of the work will also require presentations to the Planning Department and City Council. I am personally prepared to attend meetings as requested to build a collaborative working relationship with all parties, and to gain the approval of the community and the City as the work progresses. The proposed fee and phased fee distribution analysis for the purposes of calculating the appropriate fee is as follows, reflecting a percentage of construction cost converted to a fixed fee: Total Fee: The total fee is proposed to be 8% of the cost of construction, less the $10,000 already expended for the planning and feasibility study, converted to a lump sum. Although our estimate for the full scope of construction is $8,717,000, we will use the amount of $7,000,000 for this initial proposal as previously discussed. The proposed fee is as follows: 8% x $7,000,000 = $560,000.00 - $10,000 = $550,000 Schematic Design 15% x $560,000 - $5,000 = $ 79,000 Design Develop. 20% x $560,000 - $5,000 = $ 107;000 Design Fee Subtotal (includes fee credit of $10,000): $186,000 At the end of Design Development, we will submit our first area takeoff cost estimate, including the library as a separate cost, to determine our relationship to our budget expectations. We will proceed with construction documents, then, with the library as an alternate, per your direction: Construction documents will be prepared with the library, for 35% x $560,000 = $196,000 Plancheck/backcheck for approval will be 5% x $560,000 = $ 28,000 Bid Support will be 5 %x $560,000 = $ 28,000 Construction Administration will be 20 %x $560,000 = 11$ 2,000, Total Fee for $7,000,000 budget = $550,000 I_..J a 0 Ol Mr. Stephen C. Badum, P.E. June 18, 2004 Page 3 0 0 At the conclusion of the Design Development Phase, and once again at the time of award of bid, the architectural fee will be revised to be 8% of the agreed -upon budget and award, converted to a revised fixed fee. Please be aware that our estimate, with the library, at this time is in excess of $8 million. Reimbursable Expenses: Reimbursable expenses are to include: printing for City review at the end of each phase of work; printing for plancheck and backcheck approval; same day courier service as requested by the City; and, printing, mounting and framing of enlarged three - dimensional digital renderings. Reimbursable expenses are to be billed at 1.1 x direct cost, and not -to- exceed $25,000 without prior authorization. If the City will be establishing an account for the project at a local reproduction vendor, we will send prints directly to that location and expressly for the above purposes. In this case, our not -to- exceed reimbursement cost may be reduced to $5,000 to cover any courier or presentation needs. All printing for the in -house preparation of documents and for consultant coordination is at no cost to the City. Please review this proposal and call me with any additional comments. Attached is a spreadsheet of fee distribution, and June 2004 conceptual cost estimates for the entire project and the library only. We are prepared to begin work immediately upon your cc: Dave Kiff, City of Newport Beach WVW3 pmie \20312 ne pono Semewport coast mmm center gym fee prp.d ®m an • Exhibit B Preliminary Project Program and Estimate of Cost Newport Coast Community Center, Gymnasium and Children's Branch Library Revised June 3, 2004 D +D Project No. 20312 A -5 IVY rnnasium i"�a°°�s� Net s.f. I Unit Cost/s.f. MIR I I Gymnasium 8,000 sf $ 275 $ 2,200,000 Office 1 120sf 1Is $ 225 M Lobby 2001sf sf $ 225 $ 90,000 Staff Toilet 64 sf $ 300 S 90,000 Caterin Kitchen 200 sf $ 300 Community Room #1 (Adjoining with dividing wall) 750 sf $ 225 $ 168,750 Community Room #2 (Adjoining with dividing wall) 1 750 sf $ 225 $ 168,750 Community Room #3 750 sf $ 225 $ 168,750 Storage Room 200 sf S 150 $ 30,000 Restrooms (2) 1 640 sf $ 300 $ 192,000 Utility Room 801sf sf S 200 1 $ 16,000 Telecom Room I 801sf sf $ 200 $ 16,000 Computer Lab /Homework Center 400 I $ 250 $ 100,000 Subtotal Community Center 1 3,8341sf 1 $ 225 1 $ 911,450 IVY rnnasium i"�a°°�s� AM MIR I I Gymnasium 8,000 sf $ 275 $ 2,200,000 Gymnasium Equipment 300 1Is $ 200,000 $ 200,000 Gymnasium Storage 600 sf $ 150 $ 90,000 Lobby /Reception 1 400 sf $ 225 S 90,000 Stage with Storage 1,2001sf 1 $ 275 $ 330,000 Restrooms (2) 4001sf sf 1 $ 300 $ 120,000 Electrical Room 1501sf sf 1 $' 250 $ 37,500 Vending Area 1 00 sf $ 225 $ 22,500 I I Subtotal Gymnasium I 10,8501sf I 1 $ 3,090,000 Dougherty + Dougherty Architects LLP CADo.umenu anJ. SettingsnlEC.DD DOM1LO I SefingsNTempomy lntemet ReA.OLK1 W,.]. Pmgzm and mst a iina;e 6.2 -03.& Page 1 LI AM MIR I Preschool /K Board Book, Picture Books, Beginning Readers, Parenting_ 300 sf $ 225 $ 67,500 Storybme Room 400 sf $ 225 $ 90,000 I I Elemen tary Area 1 Paperbacks, Nonfiction, Fiction Collection Area 300 sf $ 225 $ 67,500 Workstations with Learning Games; Alpha Smarts 200 sf $ 225 $ 45,000 Tables and Chairs 225 sf $ 225 1 $ 50,625 I I Teen Area I I Reading Lounge with beanbag seating 100 sf S 225 S 22,500 _ Study tables 400 sf $ 225 S 90,000 Computer Lab /Homework Center 400 sf $ 250 $ 100,000 Paperbacks, Novels, Magazines 300 sf $ 225 1 $ 67,500 Dougherty + Dougherty Architects LLP CADo.umenu anJ. SettingsnlEC.DD DOM1LO I SefingsNTempomy lntemet ReA.OLK1 W,.]. Pmgzm and mst a iina;e 6.2 -03.& Page 1 LI 11 General Children 20,447 v� '.`u"��".c'''- ,�.fd{i�. I i Collection Area 200 sf ( $ 225 1 $ 45,000 Juvenile Videos. /CDs 200 sf $ 225 $ 45,000 $ 200,000 Sidewalks and Patios sf Is $ 200,000 $ 200,000 Administration Is $ 100,000 $ 100,000 Planting and Irrigation Reception Lobby 150 sf $ 225 $ 33,750 Circulation /Reference Desk 300 sf I $ 225 $ 67,500 Office 120 sf 1 $ 225 S 27,000 Staff Area 240 sf $ 225 $ 54,000 Workroom 200 sf j $ 225 $ 45,000 Storage /Book Room 2001sf 1 $ 165 $ 33,000 Receiving Area 100 sf $ 165 $ 16,500 Telecom Room 50 sf $ 200 $ 10,000 Restrooms (2) 128 sf S 300 $ 38,400 General Space Media - Video, DVD, CD 200 sf 1 $ 225 $ 45,000 Magazines 100lsf 1 $ 225 $ 22,500 Reference Books 100 sf $ 225 $ 2 2,5 00 Bestseller Area 400 sf $ 225 $ 90,000 Table /Chairs 1501sf $ 225 $ 33,750 _ Library Catalogs /Workstations - Internet/Full Text 1 3 001 sf $ 225 1 $ 67,500 Clock Tower Is $ 350,000 1 $ 350,000 Cell Equipment Enclosure Is $ 250,000 1 $ 250,000 Subtotal Library 5,763 $ 1,897,025 Total 20,447 v� '.`u"��".c'''- ,�.fd{i�. $ 6,848,475 Gross to Net S.F. (Net x 10%) 2,044 sf Cleaning, Grading and Site Prep. $ 459,900 000 $ 300,000 Roadway and Parking Lots 000 $ 200,000 Sidewalks and Patios sf Is $ 200,000 $ 200,000 Steps and Ramps Is $ 100,000 $ 100,000 Planting and Irrigation Contingency (10 %) Is S 150,000 $ 150,000 $ 747,638 Subtotal Subtotal Site Improvements $ 8,224,013 $ 950,000. Total 20,447 sf $ 6,848,475 Gross to Net S.F. (Net x 10%) 2,044 sf $ 225 $ 459,900 Subtotal S 7,308,375 Outside Covered at 1/2 1,500 sf S 112 S 168,000 Subtotal $ 7,476,375 Contingency (10 %) $ 747,638 Subtotal $ 8,224,013 Escalation to mid -point of construction (6 %) $ 493,441 Grand Total (Community Center, Gymnasium, Library) $ 8,717,453 Dougherty _ Doughero; Architects LLP QOD ,manaand5eningIW.r.C.DO D0MV,=I SemngS SemporaryNternet FileAC LMPrdjmPr ogramandmst.es6mate6- 2-03..k Page 2 C Preliminary Project Program and Estimate of Cost Newport Coast Branch Library Only Revised June 3, 2004 C D +D Project No. 20312 A -5 Dougherty + Dougherty A7•chitects LLP Ci \D=mena and Senings)ALEC DD_DOMWoul SevingsW .e ..,Y munam FileAOLKITmjaa Program and mst esGmxm G2iO3xk Page 1 E L 11 =Net I Unit Cost/s. f. Total IMP WASYMIM ^M I I Preschool /K Board Book, Picture Books, Beginning Readers, Parenting 300 sf $ 225 $ 67,500 Storytime Room 400 sf $ 225 $ 90,000 Elementar Area Paperbacks, Nonfiction, Fiction Collection Area 300 sf $ 225 $ 67,500 Workstations with Learning Games; Alpha Smarts I 200 sf 1 $ 225 1 $ 45,000 Tables and Chairs 1 225Isf $ 225 1 $ 50,625 1 Teen Area 1 Reading Lounge with beanbag seating 100 sf $ 225 1 $ 22,500 Study tables 400 sf $ 225 $ 90,000 Computer Lab /Homework Center 400 sf $ 250 $ 100,000 Paperbacks, Novels, Magazines 300 sf $ 225 $ 67,500 General Children Collection Area I 200 sf S 225 $ 45,000 Juvenile Videos /CDs I 200 sf 1 $ 225 $ 45,000 Administration 1 Reception Lobby 1501sf 1 $ 225 $ 33,750 Circulation /Reference Desk 300 sf 1 $ 225 $ 67,500 Office I 120 sf 1 $ 225 1 $ 27,000 Staff Area I 240 sf 1 $ 225 $ 54,000 Workroom 1 200 sf 1 $ 225 $ 45,000 Storage /Book Room 200 sf $ 165 $ 33,000 Receiving Area 100 sf $ 165 $ 16,500 Telecom Room 50 sf $ 200 $ 10,000 Restrooms (2) 128 sf $ 300 $ 38,400 General Space 1 Media - Video, DVD, CD 200 sf $ 225 . $ 45,000 Magazines 100 sf $ 225 $ 22,500 Reference Books 100 sf $ 225 $ 22;500 Bestseller Area 400 sf $ 225 $ 90,000 Table /Chairs 1 1 501s 1 $ 225 1 $ 33,750 Library Catalogs/Workstations - Internet/Full Text 1 300 sf 1 $ 225 $ 67,500 Clock Tower Is $ 350,000 $ 350,000 Cell Equipment Enclosure Is S 250,000 $ 250,000 Subtotal Library 57631 1 $ 1,897,025 Dougherty + Dougherty A7•chitects LLP Ci \D=mena and Senings)ALEC DD_DOMWoul SevingsW .e ..,Y munam FileAOLKITmjaa Program and mst esGmxm G2iO3xk Page 1 E L 11 0 0 0 Total 1 5763 1 sf $ 1,897,025 Gross to Net S.F. (Net x 10 %) j 576 sf $ 225 $ 129,600 Subtotal $ 2,026,625 Contingency (10 %) $ 202,663 Subtotal $ 2,229,288 Escalation to mid -point of construction (6 %) $ 133,757 Grand Total - Library $ 2,363,045 Dougherty + Dougherty Architects LLP CdDocomen6 and SettingAALEC.OD_DOMLocal r SetGngATempmInmrner Files\OLK1T jed Program and cos[ estimate 6- 2.03xjs Page 2 0 0 Fee Proposal for Architectural and Engineering Services Newport Coast Community Center, Gymnasium and Branch Library . Date: May 20, 2004 D +D Proi. No. 20312 A -3 The following itemized fee proposal is prepared as a supplement to our proposal of May 3, 2004. Hourly rates include direct personnel expense, overhead, and profit The budget is understood to be $5,750,000 of construction. Schematic Design (With the Lr raiy) Architect Principal 96 hrs. x $140 /hr. = $13,440 Architect Project Manager — TWhrs.x -717 /hr.=��-�-p�— = 00 Architectural Designer —7W hrs. x --$W/hr. = - 37TU0iS- Architect Technical hrs.x —��T73-r-/hr. =cif Civil Engineer �� hrs. x y 7 /hr. = Structural Engineer --T6 hrs. x —PW/hr. = 5, 4 Mechanical/Plumbing Engineer 8'F hrs. x --TTTG- /hr. = Electrical Engineer 32 hrs. x -7= /hr. = 3,840 Landscape Architect hrs. x - /hr. = 2,4 0 Cost Estimator --7T hrs. x --M-F/hr. = Subtotal: hrs. x -3726-/hr. $84,800 Credit of $5,000: ---4T hrs. x --T77 /hr. ($5,000) Total: --3T hrs. x — G- /hr. $79,800 Rounded to: —3G, hrs. x --3-73- /hr. = stn Development (with the Library) Architect Principal 100 hrs. x $140 /hr. = $14,000 Architect Project Manager —T TOT hrs. x -371-F /hr. = 00 Architectural Designer -787 hrs. x --3-9-5/hr. = Architect Technical -= hrs. x � /hr. � � = 5,vvu y i Civil Engineer 40 hrs. x --ffTC /hr. = --35,1GG- Civil Tech ---47 hrs. x 75 /hr. = --3TDTO- Structural Engineer —;7 hrs. x -3T4�(T/hr. = --3TTG Structural Technical ---6G hrs. x 75 /hr. = 4,5 Mechanical /Plmbg. Engineer 40 hrs. x -3= /hr. = 4, 0 Mechanical Technical 4Thrs. x /h r. = F Electrical Engineer hrs. x -3726-/hr. = Electrical Technical ---4T hrs. x --T77 /hr. = --- 5Tb-GO Landscape Architect --3T hrs. x — G- /hr. = 4, 1 Landscape Technical —3G, hrs. x --3-73- /hr. = Cost Estimating hrs. x --%= /hr. = --TT ;W Subtotal: Credit of $5,000 Total: Rounded to: Construction Documents (Without the Library A. Preparation of Construction Plans and Specifications. Architect Principal Architect Project Manager Architect Technical Civil Engineer Civil Technical Structural Engineer Structural Technical MechanicaVPlmbg. Engineer 60 hrs. x $140 /hr. = --TOT hrs. x —TTT0 /hr. = 7W hrs. x '217hrs. x --S=/hr. _ gThrs. x � /hr. = 830 hrs. x --TT4-(7- /h r. = --TTff hrs. x 75 /hr. = —TG hrs. x -3TIG- /hr. = $8,400 33,G6F . oil rr • r�r $112,620 ($5,000) $107,620 $79,000 $107,000 W.12003 FojeM120372 Newport C..(Jree vmpou(N 05 20.01 Dougherty + Dougherty Architects LLP jBidding Phase (With the Library A. Provide bidding support services, including response to inquiries, issue of addenda, attendance at bid opening, and evaluation of bids. Architect Principal 16 hrs. x $140 /hr. = $2,240 Architect Project Manager 4 hrs. x 10 /hr. = 7 7 Architect Technical hrs. x --377/hr. = 49,To3 Engineering Support 4tshrs. x qtr /hr. = Subtotal: $28,760 Rounded to: $28,000 Construction Administration (With the Library A. Provide construction administration (includes punchlist and as- builts) Architect Principal 40 hrs. x $140 /hr. = r Mechanical Technical 100 hrs. x $75 /hr. = $7,500 Electrical Engineer ----75 firs. x -P7F /hr. = Electrical Technical -= hrs. x 477/hr. = 4T6bG Landscape Architect --4 hrs. x -3727T- 1h r. = --3TZ 5- Landscape Technical ---'W hrs. x --T77-/hr. = --3=7 Cost Estimating ----U hrs. x --TfTG--/hr. = —3-9 b, Clerical (Specifications) —475 hrs. x --T6T-/hr. = Subtotal: Landscape Architect 4S hrs. x $196,600 Rounded to: 4G hrs. x 75 /hr. $196,000 B. Planchecking/backchecking Architect Project Manager 60 hrs. x $110 /hr. = $6,600 Architect Technical 120 hrs. x --$7-3- /hr. =�60 Civil Engineer ---TT hrs. x — 3= /hr. = Structural Engineer 475 hrs. x -P-4t5 - /hr. = 5,6 0 Mechanical Engineer --Tg' hrs. x -79TF/hr. = Electrical Engineer --= hrs. x -T=/hr. = 4T TUC Landscape Architect 8 hrs. x - /hr. =� Subtotal: $28,560 Rounded to: $28,000 jBidding Phase (With the Library A. Provide bidding support services, including response to inquiries, issue of addenda, attendance at bid opening, and evaluation of bids. Architect Principal 16 hrs. x $140 /hr. = $2,240 Architect Project Manager 4 hrs. x 10 /hr. = 7 7 Architect Technical hrs. x --377/hr. = 49,To3 Engineering Support 4tshrs. x qtr /hr. = Subtotal: $28,760 Rounded to: $28,000 Construction Administration (With the Library A. Provide construction administration (includes punchlist and as- builts) Architect Principal 40 hrs. x $140 /hr. = Architect Project Manager hrs. x --STW/hr. = - Architect Technical --T2-0- hrs. x --377/hr. = - Civil Engineer --75' hrs. x /hr. = - Civil Technical hrs. x 75 /hr. = - Structural Engineer 460-hrs. x 41 4-U- /hr. = - Structural Technical 4T hrs. x 75 /hr. = - Mechanical /Plmbg. Engineer 80 hrs. x /hr. Mechanical Technical ---- 2Thrs. x 7T /hr. _ Electrical Engineer ---8T hrs. x 20 /hr. _ - Electrical Technical 4T hrs. x 477 /hr. Landscape Architect 4S hrs. x 4 (T /hr. _ Landscape Technical 4G hrs. x 75 /hr. Subtotal: Rounded to: Total Fee Total Fee Rounded To: W:11003 Proleasl20312 Newport CcWVt Proposal a4 03 20als $112,200 $112,000 $553,540 $550,000 Dougherty +Dougherty Architects LLP Notes: 1. Reimbursable expenses for submittals to include reproduction and delivery N.T.E. $25,000 as required at 1.10 x direct cost (not including bid or construction). 2. Fee does include a virtual model, and photographic services. 3. Fee does include 100% electronic documents, plotting, fax, e-mail, and in -house printing forA/E use. 4. Interior design services (FFE) are available as an additional service and may be authorized as an amendment to the contract at a later date. BOD:abs w:M3 Pmjr UO312 Newport C=ffl ePmpa f040520.xk Dougherty +Dougherty Architects LLP E 9 jjty of Newport BeaC16 NO. BA- 04BA -079 BUDGET AMENDMENT 2003 -04 AMOUNT: Ssoo,000.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from the Newport Coast Building Fund for design of the Newport Coast Communitv Center. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 298 3605 WN ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit Npt Coast Building Fund - Fund Balance $600,000.00 Description Signed Shed: Signed: Financial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk $600,000.00 G -ice a Date Date Date Description Division Number 7298 Newport Coast Building Fund Account Number C5100705 Newport Coast Community Center Division Number Account Number Division Number Account Number Division Number Account Number Signed Shed: Signed: Financial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk $600,000.00 G -ice a Date Date Date ity of Newport Bead BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: 3 q NO. BA- 04BA -079 AMOUNT: $soo,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Newport Coast Building Fund for design of the Newport Coast Community Center. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account 298 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit Npt Coast Building Fund - Fund Balance $600,000.00 Description Signed: Signed:°�'✓� Services Director Manager Signed: (/ W1jy- yq I"I . City Council Approval: City Clerk $600,000.00 Date Description Division Number 7298 Newport Coast Building Fund Account Number C5100705 Newport Coast Community Center Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed:°�'✓� Services Director Manager Signed: (/ W1jy- yq I"I . City Council Approval: City Clerk $600,000.00 Date