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HomeMy WebLinkAboutC-1241 - Mutual Cancellation and Release Agreement for Architectural and Engineering Services in connection with the Civic Center1 DATE March 7, 1972 TO: FINANCE DIRECTOR FROM: City Clerk sUBJECT: Contract No. 0-1241 R Description of Contract Mutual Cancellation and Release Agent in oanneation Witiu thus vie Ceatar Authorized by Resolution No. 7619 , adopted on 2 -14'72 Effective date of Contract March 3, 1972 Contract with Walton Becket and Associates Address 10000 Santa Monica Boulevard Amount of Contract Los Angeles, CA 90067 -U ty e c 7 March 7. 1972 Grossman and Barr Attomsys at taw 10000 Santa Monica Boulevard Ios Angelft, California 90087 Subject, Belton Becket and Associates = Algraaa ant for Architectural Services dated August 12, 1969 nclosed is an vacuted copy of Hatual Cancellation and Release Agreement in cmvsection with aunj.:ct agr anent. :his cancellation agream+®nt was authorized by t'a city Council cn February 14, 1972 by the adoption of Resolution No. 7619. Laura Logics City Clerk Id.::tiik enc. oc: Felton Becket and Associates City Manwr City Attorney AGREEMENT (Mutual Cancellation and Release THIS AGREEMENT, made and entered into on this . day of 1972, by and between the CITY OF NEWPORT BEACH, hereinafter referred to as "City ", and WELTON BECKET AND ASSOCIATES, hereinafter referred to as "Becket "; RECITALS 1. On August 12, 1969, City and Becket entered into an agreement for architectural and engineering services in connection with the construction and development of the Newport Beach Civic Center proposed to be located at the Newport Center site; 2. Following defeat of the bond financing election on Tuesday, October 5, 1971, it was necessary to revise the Civic Center construction program, plans and cost budget, and Becket was advised by letter dated November 2, 1971, to stop and hold any further work in connection with said agreement in abeyance, pending direction from the City Council; 3. By letter dated February 2, 1972, Becket indicated a willingness to agree with the City to mutually cancel said contract; 4. The City Council at its meeting of February 14, 1972, adopted Resolution No. 7619, also offering to agree to a mutual cancellation of said architectural services agreement; AGREEMENT AND RELEASE IN CONSIDERATION OF THE premises herein contained, the parties hereto agree as follows; A. The architectural and engineering services agreement above described, dated August 12, 1969, is hereby mutually cancelled; -1- B. Becket has performed all obligations and services required under the terms of said agreement, up to the date of this mutual cancellation, and has received full payment from City for said services; C. All maps, architectural renderings, plans or other related documents prepared by Becket for City, in connection with said agreement, are to be retained by City as its property; IT IS FURTHER AGREED that Becket and City hereby release each other from any and all claims, demands, liabilities and obligations which each may have against the other, arising out of or in any manner relating to the above described agreement dated August 12, 1969, including but not limited to any claim each may have against the other for recovery of damages based upon any alleged breach of said agreement, or cancellation thereof. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF NEWPORT BEACC v \y T Mayor AS T FO Cq���ORN�P ATTEST;Z_ LA orn City Clerk WELTON BE t>Aitle. 4j/ i By: ,'.f. �_ Title: -2- IATES CITY 71-'c"_._.... DON:mh 2/18/72 GAS" February 25, 1972 Dennis O'Neil City Attorney CITY OF NEWPORT BEACH City Hall 3300 Newport Boulevard Newport, California 92660 TELEPHONE! 583. 0620 me•are+ OUR FILE NUMBER Re: Welton Becket and Associates - Agreement for Architectural Services dated August 12, 1969 Dear Mr. O'Neil: Enclosed herewith in duplicate is your release duly executed by Welton Becket and Associates. I have retained the certified copies of Resolution No, 7619. Please note that I have changed the agreement to reflect the true name of Welton Becket and Associates ( "and" was inserted in place of " & "). ,,You may deliver the enclosures to the City provided you cause same to be executed by the Mayor, attested to by the City Clerk and by yourself as City Attorney, and one copy, executed, to be returned to the under- signed. I appreciate your cooperation in this matter. Very t It t/ sman of D BARR AI js Enc. cc: Welton Becket and Associates GROSSMAN AND BARR ATTORNEYS AT LAW ALBERT OR055MAN 10,000 SANTA MONICA BOULEVARD DONALD p. BARB — LOS ANGELES. CALIFOR NIA 00067 BERNARD M. AV104N DAVID L. BARD February 25, 1972 Dennis O'Neil City Attorney CITY OF NEWPORT BEACH City Hall 3300 Newport Boulevard Newport, California 92660 TELEPHONE! 583. 0620 me•are+ OUR FILE NUMBER Re: Welton Becket and Associates - Agreement for Architectural Services dated August 12, 1969 Dear Mr. O'Neil: Enclosed herewith in duplicate is your release duly executed by Welton Becket and Associates. I have retained the certified copies of Resolution No, 7619. Please note that I have changed the agreement to reflect the true name of Welton Becket and Associates ( "and" was inserted in place of " & "). ,,You may deliver the enclosures to the City provided you cause same to be executed by the Mayor, attested to by the City Clerk and by yourself as City Attorney, and one copy, executed, to be returned to the under- signed. I appreciate your cooperation in this matter. Very t It t/ sman of D BARR AI js Enc. cc: Welton Becket and Associates FEB 14197? By the CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NFW6"' REACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney 41 February 14, 1972 Subject: Mutual cancellation of architectural services agreement with Welton Becket and Associates Following the defeat of the bond financing election on Tuesday, October 5, 1971, the City of Newport Beach notified Welton Becket and Associates to cease work on the architectural and engineering services agreement dated August 12, 1969, entered into between the City and Welton Becket in connection with the development of the Civic Center at the Newport Center site. Welton Becket and Associates have been advised that the scope of work has now been substantially changed and reduced, and a project may be constructed on a different site from that previously approved by the City Council and included in their original proposal for professional services and the subsequent above agree- ment. Following discussions with Welton Becket, they have indicated a willingness to mutually cancel the above agreement, with the provision that each party should acknowledge full perform- ance and payment for all services to date of the agreed cancellation and each party should release the other from any further claims, demands, liabilities, and obligations under said cancelled agreement. Adoption of the resolution on this evening's agenda would indicate to Welton Becket the City's desire to mutually cancel the agreement, and would authorize the Mayor and City Clerk to execute the necessary documents, together with a full release, upon acceptance by Welton Becket of the City's offer of mutual cancellation. /r W E IS O'NEIL City Attorney DON :mh cc: City Clerk City Manager Finance Director • 0 \\E'LTO\ B EC, kElT \N1) ASS0C:I ITES i 10-0 - .ANJ'.L MOAT L1 L� LE1ARD • LOS ANGELES, CA L1FOR NI 1 90025 CHARLES R. 9L:Hf:1'S0LDS. \.L A. 111I0X 5 1C , L, I II. n,H f EP114,:e 972-1 By the CITY C0VN :IL CITY PF +rewtin 2:: 6,A: H Mr. Robert L. Wynn City Manager City of Newport Beach City Hall 3300 Newport Beach Boulevard Newport Beach, California 92660 Dear Mr. Wynn: February 2, 1972 111CIIITF,CTS 'I E: LL:P HO N F. (2 13) 5.ie -0555 - C.1HI.E M[ HDHE.CK Re: Newport Beach Civic Center WB&A Job No. 6011 We have been providing the City of Newport Beach with Architectural and Engineer- ing services under the terms of our Agreement dated August 12, 1969 for the development of Civic Center facilities on approximately nineteen (19) acres of land in the Newport Center, said facilities to include City Administration Building, City Council Chambers, and Police Facilities Building. Additionally, site development as proposed by us was to take into account future increments which may add other Governmental and quasi - Governmental facilities, including the City's proposed future Central Library and Chamber of Commerce Building. The revised program, schematic plans, and construction cost budget for the development of the City of Newport Beach City Administration, City Council Chambers, and Police Facilities on approximately nine (9) acres of the afore- mentioned property, and authorization to proceed with preparation of Preliminary Documents, were approved by the City Council on July 12, 1971. At the same time, the City Council directed the development of the financing program for the construction of this project. With the defeat of the bond financing election on Tuesday, October 5, 1971, the City of Newport Beach letter dated November 2, 1971 directed us to stop work on the development of the Preliminary Plans on this project pending further direction from the City Council. We have recently been informed that pursuant to discussions of the City Council at their meeting on January 24, 1972 the City of Newport Beach now intends to reexamine the feasibility of a project limited in scope to the expansion of Police Facilities only on the existing Newport Beach City Hall site in lieu of the project with the scope of services included in our aforementioned Agreement. G-3 L() S :1 N G k I. E S S A N; F H A V C I S C O H 0 U S 1 0 N C H I C: A G O N E W T 0 R E Mr. Robert L. Wynn February 2, 1972 Page 2 As discussed with your staff on Wednesday, January 26, 1972, and Wednesday, February 2, 1972, the scope of work has been substantially changed and reduced and a project may be constructed on a different site from that previously ap- proved by the City Council and included in our original proposal for professional services and subsequent Agreement for such services. This letter will confirm our understanding that we will agree with the City of Newport Beach to mutually cancel our Agreement for Architectural and Engineering Services for the Newport Beach Civic Center dated August 19, 1969, if this is desirable to the City of Newport Beach. Each party should acknowledge full perform- ance and payment for all services to date of the agreed cancellation and each party should release the other from any further claims, demands, liabilities, and obli- gations under said cancelled Agreement. If the foregoing is acceptable, please arrange to obtain City Council approval of the cancellation and mutual release. We can then cause our Counsel to prepare said release, or if you elect you may have this prepared by the City Attorney. Should you select another firm to undertake the planning and design of the revised project as mentioned above, Welton Becket and Associates under a new contractural Agreement with the City of Newport Beach will work cooperatively with the firm of your choice to exchange the data we have previously developed and will provide other professional services the City may desire. We have appreciated the opportunity to be of service to the City of Newport Beach on this project and we sincerely hope that we may be of service to you in the future. Very truly yours, WELTON BECKET AND ASSOCIATES KK�� C. B. McReyn ds CBM:vs cc: Council Building Committee (3) Mr. Philip F. Bettencourt \V1 ?L,TUA 13GCKET d \D ASSOCIATES DMIA �l1�/78 \ �7 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C- 1241 -1 W DATE April 17, 1970 Description of Contract Ardlitecttmel & EngirOU4M Services Newport Beach Civic Center Authorized by Resolution No. 7030 , adopted on July 14, 1969 Effective date of Contract August 12, 1969 Contract with Welton Becket & Associates Address 10000 Santa Mcnica Blvd. Los Angeles, Calif. 90025 Amount of Contract 7.5% of total Cm- atructim cost of pmjeat See Page 5 of cxxYtnact City Clem ` AOJ�: ��-a ry ^P+ s,- C i�:c�,�`�l"Po it �itl:.i�`i.'�Y� 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92660 PHONE: (714) 673 -2110 J Vi=n G0 r2 I TO CuM1h -rITY DESCRIPTION OF ARTICLES OR SERVICES REQUIRED a'rci:i': ctural cons iti :. !; -vices in Conjunction '...... 'A -:c il&w ciiic Center co;: iCX 1 U P O R T A N T I Jr UJ. VU Show as a separate aert any retail sales tax, use tax or Federal tax applicable to this purchase- ' This order subject to California sales tax. All allowable transportation charges must be prepaid and shown as a separate item on the invoice. Do not include Federal transportation tax. DEPARTMENT COPY .30 3 I IVVGICE IN iil�r'_.ICA'IL_ THIS ORDER Allm"R IAUDI APPEAR ON ALL INVOICES, SHIP- PING NOTICES' 5n,L5 or LAO - IND. ExPRESe RECEIPTS AND PACSAAES. DELIVERY TICNETS SMALL IN- CLUDE UNIT PRICE. DATE i:ar. 25, 1',10 DEPARTMENT City COUGCII UNIT PRICE ! TOTAL CITY OF NEWPORT BEACH D. W. MEANS -" PURCHASING AGENT f a AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES (Newport Beach Civic Center) ORIZaNAL THIS AGREEMENT is made and entered into this I1-1k day of AvSvst. , 1969, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and WELTON BECKET AND ASSOCIATES, a California corpora- tion, hereinafter referred to as "Becket." RECITALS An Evaluation and Master Planning Study of a Civic Center site has been prepared and presented to the City Council. Based upon said Study, City has selected a site containing appro- ximately 19.23 acres located northeasterly of Pacific Coast High- way and Newport Center Drive and westerly of the future prolonga- tion of Avocado Avenue. Becket has offered to provide City with the professional, architectural and engineering services necessary to master plan, design and construct a new City Administration Building, City Council Chambers, and police facilities building. These inter - related structures will form the initial increment of the Newport Beach Civic Center. Additionally, site development as proposed by Becket will take into account future increments which may add other governmental and quasi - governmental facilities, including the City's proposed future Central Library and the Chamber of Commerce building. The buildings comprising the initial increment of the Civic Center will be located on the south- eastern portion of the 19 -acre site. NOW, THEREFORE, the parties agree as follows: I. SERVICES TO BE PROVIDED BY BECKET 1. Revised Master Plan and Schematics A. Based upon a program to be determined by mutual agreement of the parties, the Master Plan as previously -1- submitted by Becket will be refined as it applies to the above referenced initial increment City facilities and the Chamber of Commerce building; additionally, it will refelect a relationship between the police facilities building and the possible Orange County Court Building. B. Prepare schematic layout of the initial increment of City facilities in sufficient detail to indicate the scope and intent of the proposed improvements. C. Prepare ground floor and typical floor plans of the initial increment City facilities. structures. D. Prepare sketch elevations of the proposed E. Provide a schematic colored rendering depicting the proposed exterior design of the project. project. F. Furnish a block or study model of the G. Submit a construction cost budget pre- dicated on the schematic plans. 2. Preliminary Plans Upon completion of schematic plans by Becket, and upon City approval of said schematics, or upon receipt of written authorization to proceed from City, Becket shall: A. Prepare preliminary architectural and structural plans including typical cross - sections of the proposed structures. B. Prepare a preliminary site plan. C. Prepare outline specifications in suffi- cient detail to illustrate the quality of the project in its essentials as to type of structure and materials, and establish criteria for mechanical and electrical systems. D. Prepare a preliminary estimate of -2- construction costs based on the preliminary plans and outline specifications. E. Provide a scale architectural model of the project, if desired by City, as a reimbursable item. Specifications) 3. Construction Documents (Working Drawings and The services to be performed under the pro- visions of this paragraph shall be entered upon at such.time as the preliminary plans have been approved by City, or upon receipt of written authorization from City to proceed: A. Prepare working drawings and specifica- tions which fully delineate and describe architectural, structural, mechanical, electrical and site development work. Work also will include a general delineation of areas to be landscaped. B. Furnish necessary bidding information, general and special conditions of the contract and assist City's legal advisor in drafting of proposal and construction contract forms. C. Assist City in applying for and obtaining, other than from City itself, permits, approvals of plans, specifi- cations and contract documents from other public agencies, if any, having jurisdiction over the project. 4. Contract award and Services During Construction The following services will be rendered upon completion of working drawings and specifications: A. Assist City in analysis of contractors and their bids and the award of the construction contract. B. Review subcontractors' and manufacturers' shop drawings as required by construction documents prepared by Becket for conformance with the design concept of the project or for substantial compliance with the construction documents. Review and approval will be limited to those shop drawings specifically -3- listed in the various sections of the specifications. C. Check and approve architectural color and material samples. City approval. D. Process contractor's change orders for E. Make periodic visits to the site as construction proceeds to observe, report on and make recommenda- tions relative to the progress of the work. Based on such observations, Becket shall examine contractor's applications for payment and issue certificates for payment in amounts considered by Becket to be consistent with actual progress of the construc- tion and in accordance with the terms of the construction contract. F. Render interpretations of contract docu- ments and issue notices of clarification as required to the end that the contractor is aware of the requirements as set forth in Becket's construction documents. NOTE: Through these services, Becket shall, as an independent architect, endeavor to guard against defects and deficiencies in the work of the contractors. Field observations shall be sufficient to provide reasonable assurance that the contractors are aware of and are complying substantially with the require- ments as set forth in the construction documents. Becket does not, however, guarantee the performance by the con- tractors of their contracts. Neither does Becket super- vise, control, schedule or regulate the method or means of performance by the contractor or its subcontractors. Becket's services are to be distinguished from continuous representation at the site. II. SERVICES TO BE PROVIDED BY CITY City agrees to furnish Becket with the following data, information, and documents, to the extent necessary to enable Becket to perform the services called for by this agreement: 1. A complete and accurate survey of the site giving the grades and lines of streets, pavements and adjoining properties; the rights, restrictions, easements, boundaries and existing contours of the site; and full information as to sewer, -4- water, gas and electrical services or other utility requirements. report. 2. Soil tests and a foundation investigation 3. A load test, if it is determined advisable to have such services performed. 4. All maps, photographs, statistical data, surveys, analyses or reports which City has had made in connection with the project which will assist Becket in the development thereof. III. COMPENSATION AND REIMBURSEMENT 1. Compensation City agrees to pay Becket for full architec- tural and engineering services hereinbefore set forth in Parts I and II of this Agreement. Said compensation shall be a fee of seven and a half per cent (7.5 %) of the total construction cost of the project, as represented by and set forth in all construc- tion- contract documents prepared by Becket. In determining the amount of fee due, the total construction cost shall include the fair market value of any leased items which are installed in accordance with the specifications of the construction documents, and shall further include the total amount of any partial or segre- gated contract entered into by Becket necessary for the performance of construction- contract documents prepared by Becket. In arriving at the total construction cost of the project, the value of addi- tional services contracts entered into by Becket on behalf of City, or entered into directly by City with other third parties, shall not be considered. (This could include, but shall not be limited to, contracts for the rendition of landscape architectural services, planting materials for landscaping, graphics, artwork, or other interior decoration, fixtures and furnishings necessary to equip office space, and the cost of the land upon which the -5- project is located.) 2. Reimbursable Items In addition to the compensation for basic architectural and engineering services hereinbefore set forth, City agrees to reimburse Becket for the following expenses; A. Blueprinting and photographic process reproductions other than blueprints or reproductions used solely for Becket's internal needs; B. Transportation and living expenses incurred beyond a fifty- (50 -) mile radius of Becket's Los Angeles office, with the proviso that such living expenses shall not exceed a maximum of $30.00 per day; C. Long distance telephone and telegraph charges, not including such charges incurred for communication between Becket's Los Angeles office and the City of Newport Beach; of forty (40) sets; D. Reproduction of specifications in excess E. Renderings and reproductions thereof, with the exception of the rendering referred to in Part I, which shall be provided under Becket's fee; F. The scale model referred to in Part I -2 -D; G. Shipping and delivery charges; H. Plan checking, building permit or other fees assessed by any authority and paid by Becket on City's behalf; I. Services of special consultants requested or authorized by City; J. Printing, materials or other costs incurred in the preparation of brochures or other promotional media. IV. ADDITIONAL SERVICES AVAILABLE; CHANGES 1. Additional Services The agreed -upon fee for basic architectural 1 -6- and engineering services set forth in paragraph 1 of Part III covers the original and basic scope of this project. Upon receipt of written request by City, Becket will provide additional services to be rendered in conjunction with the basic terms of this agreement. Such additional services will be provided by Becket on the basis of two and three - fourths (2.75) times payroll costs, exclusive of clerical, for those professional and technical employees, agents, and subcontractors of Becket, incurred by Becket in the performance of such work, or, in the alternative, these additional services will be subject to separate agreements between City and Becket. Additional services that may be requested by City to be performed directly by Becket shall include items such as abandoned work of other contractors; preparation of archi- tectural model drawings; graphics, artwork or signs other than the design of major building exterior identification signs (which are included in the basic fee); design and installation of kitchens (food service equipment) and laundry equipment; landscape contract documents and services during installation of landscaping; segregated or partial contracts; alternates requested by City which require duplication or revision to the basic construction documents; interior furnishing and decorating; offsite- development, traffic and utilities; consultation or coordination in connection with work designed or performed by others, except for consultation with the landscape architect; preparation of brochures or other promotional materials; preparation of additional copies of documents (plans and /or specifications) required to satisfy special requirements of federal, state or county agencies. It is agreed that the additional services described above will be provided only upon the written request of City. The fee basis of 2.75 times payroll costs shall apply only -7- �I to those services requested by City when performed by Becket. The fee for additional services will not apply to contracts that are entered into by City and any third party, or by Becket, on behalf of City, and any third party. Such contracts must be approved by City, and City will be responsible for the payment in full of the contract price only. 2. Changes When changes are requested by City subsequent to City's approval of the preliminary plans, Becket is to be compensated for such additional services by an amount equal to two and three - fourths (2.75) times payroll costs, exclusive of clerical, plus all out -of- pocket expenses incurred by Becket in making such changes. Such payments are in addition to the com- pensation previously set forth in Part III -1. NOTE: Where project construction costs are increased due to such changes, the applicable base fee (as set forth in paragraph III -1) on such increased costs will be credited to Becket's payroll charges (as set forth in this paragraph) for such additional services. V. PAYMENTS Payment of compensation hereinbefore set forth for basic services under Parts I and II shall be in installments, as follows: 1. When schematic plans are completed or when Becket has been authorized to prepare preliminary plans, an amount equal to fifteen per cent (15%) of the total estimated fee shall be due. Becket shall credit toward this payment Three Thousand Dollars ($3,000.00), such credit being the value of work done under Becket's previous Evaluation and Master Planning Study agreement which Becket can utilize in preparing schematics for the project. 2. When preliminary plans are completed, or when Becket has been authorized to prepare working drawings, a sum -8- •r sufficient to increase the payment on fee to an amount equal to thirty per cent (30 %) of the total estimated fee shall be due. 3. When working drawings are approximately fifty per cent (50 %) completed, a sum sufficient to increase the payment on fee to an amount equal to fifty -five per cent (55%) of the total estimated fee shall be due. 4. When working drawings are completed, or when contract documents are issued for bid purposes, a sum sufficient to increase the payment on fee to an amount equal to eighty -five per cent (85 %) of the total estimated fee shall be due. 5. The balance of the fee shall be due as construction progresses in amounts of said balance which are proportionate to the value the then completed structure bears to the total construction cost. No fee payment, except the final, shall be made unless the amount thereof exceeds $10,000.00. The final payment shall be due as of the date of final payment to the contractor, or upon initial occupancy of the premises, whichever is first to occur. NOTE; Until actual construction cost is determined, progress payments on fee will be based upon estimated complete total construction cost of the project. Final invoices shall contain adjustments necessary to reflect actual total costs. 6. Within thirty (30) days after presentation of an itemized statement, City agrees to compensate Becket for such additional services as described in Part IV and reimbursables as described in Part III -2. VI. GENERAL PROVISIONS 1. Should City abandon all or any portion of the project at any time, elect to terminate Becket's services, or defer the project for a substantial period of time, Becket shall be paid for completed phases of work in accordance with the fee payments stipulated in Part V, plus two and three - fourths (2.75) times the -9- payroll costs, exclusive of clerical, for all services performed in the development of the next subsequent phase up to the date of Becket's receipt of City's notice of abandonment, termination or suspension, as applicable. Becket also shall be paid any additional sums due on account of changes or extra services per- formed or for reimbursable expenses incurred in connection there- with as hereinbefore provided. It is understood that Becket shall provide City with prints of all documents then completed. 2. The personnel of Welton Becket and Associates, a California corporation, is comprised of licensed architects, registered engineers and a staff of specialists and draftsmen in each department. The corporation itself is not a licensed architect, but represents and agrees that wherever the perform- ance of this Agreement requires the services of a licensed architect or registered engineer, such services hereunder will be performed under the direct supervision of licensed architects and registered engineers. 3. Wherever in this Agreement payment is based upon labor costs or direct payroll costs, such references shall include labor costs and /or reimbursable expenses of all Becket's consultants, and such costs shall be deemed the same as costs of Becket. 4. No assignment of this Agreement may be made by City or Becket without the prior written consent of the other party hereto. In the event of such assignment, however, City shall not be relieved of liability for performance hereunder, and City shall nevertheless be responsible for the payment of all sums due to become due to Becket for work performed in accordance herewith. No such assignment shall be effective inso- far as Becket is concerned unless (1) the Assignee of City's rights hereunder shall have first assumed, in writing, the -10- obligations herein to be performed on the part of City for the express benefit of Becket, and (2) an executed counterpart of such Assign/mand Assumption shall have been delivered to Becket q�`'hjCIQ together with a written notice thereof signed by City and Assignee. 5. It is agreed that upon receipt of bona fide bids from reliable licensed contractors, based upon the plans and specifications as prepared by Becket, all of which exceed by more than ten per cent (10 %) the final estimated construction costs of the project, Becket shall, if requested by City, change or amend the plans and specifications (construction documents), at no cost to City, in such manner as may be found necessary to secure bids from reliable licensed contractors at not more than ten per cent (10 %) over the final estimated construction costs. 6. The construction documents for this project, including the original drawings, shall become the property of City. Upon the termination or completion of the work, Becket agrees to furnish to City copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which the City requests. In addition, Becket will turn over to City all of its presentation materials and visual aids used in connection with said work, such as, mounted display boards, block models of the Master Plans, concept studies and drawings. IN WITNESS WHEREOF, the parties hereto have executed -11- TO: FROM: SUBJECT: CITY OF NEWPORT BEACH CITY ATTORNEY epartmeA_t City Itaoager DATE: July 31. 1969 (Attu$ JJ Bachains) City Attorney Agresaout for architectural and services (Nowsert Beach Civic 0 In connection with a final change ends in the subject agrooment, pages 11 and 12 of the copies you presently have on hand should be replaced with the revised. pages 11 and 12 attached heret*. If you have any questionat please call m. Tally H. Sayasur City Attorney Byt s Assistant City Attorney TIN tub Att. cc: City Clark (w /attachments) � -��,�Ai ,. _ ._.. obligations herein to be performed on the part of City for the express benefit of Bec et, and (2) an executed counterpart of such Assign and Assumpt on shall have been delivered to Becket together with a written n tice thereof signed by City and / Assignee. 5. It is agreed t t upon receipt of bo a fide bids from reliable licensed co tractors, based on the plans and specifications as prepared Becket, al of which exceed by more than ten per cent (10 %) the ina 1 costs of the project, Becket shall i or amend the plans and specificatio at no cost to City, in such manner s secure bids from reliable licens d co ten per cent (10 %) over the f al esti 6. The cons including the original City. UpX agrees to C computatiy work descis addition, l materials a est ted construction f quested by City, change (construction documents), may be found necessary to n ractors at not more than construction costs. u¢tion documents or this project, /rawings, shall be me the property of ion or completion the work, Becket y copies of all me anda, correspondence, terials in its files ertaining to the greement, which the Ci y requests. In rn over to City all of is presentation s used in connection with said work, such as, mounted display boards, block models of the Ma ter Plans, concept studies and drawings. IN WITNESS WHEREOF, the parties hereto have -11- 7/30/69 i this Agreement as of the date and year first above written. CITY OF NEWPORT BEACH, a municipal corporation By:_ 0Qan11�61 ��_ yor APPROVED AS TO FORM: ATTEST: City Aj!korney City Clerk// CITY WELTON BECKET AND ASSOCIATES, a California Corporation By • _ME .. ... President THS:mh 7/30/69 -12- E-3(g) RESOLUTION NO. 7030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND WELTON BECKET AND ASSOCIATES FOR ARCHITECTURAL AND ENGINEERING SERVICES IN CONNECTION WITH THE NEWPORT BEACH CIVIC CENTER WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Welton Becket and Associates for architectural and engineering services in connection with the Newport Beach Civic Center; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement with Welton Becket and Associates for the services above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of July, 1969. ATTEST: zadoa My Clerk I'M WIN LWI&ki%M$l INFIRM TLW:mh 7/10/69 /35j TO: FINANCE DIRECTOR FROM: City Clerk 9 LATE October 27, 1969 SUBJECT: Contract No. 1241E1 Description of Contract Agreement for Architectural and Services (Newport Beach Civic Center) Authorized by Resolution No. 7030 , adopted on 7 -14 -69 Effective date of Contract 8 -12 -69 Contract with Welton Becket and Associates Address 10000 Santa Monica Blvd. Los Angeles, California 90025 Anount of Contract 7. 5 %u of constructions costs (See contract) city Clem , 0 0 ARCHITECTURAL SERVICES AND TIME SCHEDULE I;5 r- The proposed architectural services to be provided in conjunction with the development of the Civic Center property, as outlined in detail in the proposed architectural services contract between the City and Welton Becket and Associates, is summarized as follows: Preliminary Fee Estimate: The estimated cost of architectural services through the stage of pre- paring preliminary drawings is as follows: 1) basic architectural services $ 1012500 (under Welton Becket Contract - 30% of fee) 2) contract services with landscape architect 11500 3) contract for final soils engineering data 2,500 4) additional civil work, ie, establishment of contours, engineering surveys, etc. 20000 TOTAL ESTIMATED EXPENSES THROUGH PRELIMINARY DRAWING PHASE (Phis is within the $128,000 budgeted for this work for fiscal year 1969 -70) 107,500 Architectural Services Schedule: Exclusive of necessary review times, the following time schedule has been estimate y e ton Becket and Associates as a maximum period for architectural services: 1) programming 30 days 2) development of master plan 30 days 3) preparation of schematics 60 days 4) preparation of preliminary drawings 120 days 5) preparation of working drawings 150 to 180'days on phasing of project TOTAL 390 to 420 days (Exclusive of review time) Basic Services Under Fee: 1) architectural 2) mechanical 3) structural 4) civil 5) cost estimating 6) specification writing 7) traffic engineering • • Page 2 Extra Services To Be Provided At No Additional Cost: 1) working with staff on programming the Civic Center development 2) master planning of other related Civic Center facilities, ie, municipal court complex, library facility, Chamber of Commerce building 3) assisting the City with appropriate realignment of proposed "G" Street and the acquisition of additional land northerly of existing alignment of proposed "G" Street equal to the acreage determined by the State to be additional property needed for freeway right of way purposes Services Not Provided Under Fee If Required: 1) extensive landscaping services 2) any extraordinary kitchen planning services, ie, for cafeteria with extensive kitchen facilities 3) architectural services relating to any extraordinary special needs for Council Chamber facilities (not probable that such services would be required - for example, none were required in conjunction with the construction of the Pomona Council Chambers) O [rl N rt CD w po' N r CD n p• m (D m K o �a• V. 0 C1 n rt C1 rt r• o+ o p N O P3 N N r+ O x O O OTC X H o' O CD 9 (D I� W K ro 0 a CD 5 rt N. 4� H w r rn w m 5' CD (D N 46 0 Vl H. 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