HomeMy WebLinkAboutC-3710 - Architectural design services for the Newport Coast Community Center (see also C-3838)E
AMENDMENT NO. 1 TO
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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.
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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
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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
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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.
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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
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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.
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12.
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COOPERATION
Consultant agrees to
Project Administrator
interest in the work to
on the Project.
CITY POLICY
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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.
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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.
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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.
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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
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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
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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
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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.
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29. COMPLIANCE WITH ALL LAWS
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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.
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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
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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
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8.
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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
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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
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. 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]
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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
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•
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
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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