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;
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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
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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
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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
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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
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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
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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
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�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
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•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
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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)
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