HomeMy WebLinkAboutC-2511(A) - Design Services for Community Youth CenterI/
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714(640 -2251
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TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: June 3, 1986
SUBJECT: Contract No. C- 2511(A)
Description of Contract Agreement for Design Services for Proposed
New Corona del Mar Community Youth Center Building
Effective date of Contract June 2, 1986
Authorized by Minute Action, approved on April 14, 1986
Contract with Tarayao Architects
Address 3111 Second Avenue, Suite 1110
rnrnna del Mar. CA 92625
Amount of Contract (See Agreement)
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Wanda E. Andersen
City Clerk
WEA:Ir
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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TO: CITY CLERK
FROM: Public Works Department
40
May 29, 1986
SUBJECT: Agreement for Design Services for Proposed New
Corona del Mar Community Youth Center Building
Attached are two copies of the subject agreement.
Please have executed on behalf of the City, retain your copy
and return two copies to Public Works for further processing.
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i�ennet� ry.
Project Engineer
KLP:em
Att:
CITY OF NEWPORT BEACH
CONTRACT NO. 2511
AGREEMENT FOR DESIGN SERVICES
FOR
PROPOSED NEW CORONA DEL MAR COMMUNITY YOUTH CENTER BUILDING
THIS AGREEMENT is entered into on this day of ,
1986, by the CITY OF NEWPORT BEACH, a municipal corporation, he1 4 nafter
referred to as "CITY ", and the firm of TARAYAO ARCHITECTS, hereinafter referred
to as "ARCHITECT"
WITNESSETH:
CITY desires to construct a new building and site improvements,
hereinafter referred to as "PROJECT ", at its Community Youth Center located near
the intersection of Fifth Avenue and Iris Avenue in Corona del Mar; and
Professional design services are necessary to prepare plans, specifica-
tions, and estimates suitable for obtaining approvals from public agencies and
constructing PROJECT by means of public bidding procedures; and
ARCHITECT has submitted a proposal to furnish said professional design
services; and
CITY desires to accept said proposal from ARCHITECT;
NOW, THEREFORE, CITY and ARCHITECT agree as follows:
I. GENERAL
A. CITY engages ARCHITECT to perform the professional services
hereinafter described for the compensation herein stated; and
B. ARCHITECT agrees to perform the professional services hereinafter
described for the compensation herein stated.
II. SCOPE OF PROFESSIONAL SERVICES TO BE PROVIDED UNDER THIS AGREEMENT
A. Basic design services to be provided by ARCHITECT under this
Agreement include:
1. Construction Documents Phase
a. Preparation of working plans, specifications, and contract
documents for a new one -story building of conventional construction containing
approximately 5,476 square feet of floor space, based on a preliminary plan that
has previously been prepared by ARCHITECT and approved by CITY.
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b. Preparation of working plans, specifications, and contract
documents for site improvements on that portion of the site owned by CITY that
is located easterly of the existing baseball field.
c. Coordination of the work of consultants.
d. Preparation and submission to CITY of a construction estimate
by professional estimator Lee Saylor, Inc., based on the working plans, specifi-
cations, and contract documents.
e. Assisting CITY obtain permits from all governmental agencies
having jurisdiction over the PROJECT.
2. Bidding Phase
a. Assisting CITY during the bidding phase.
3. Construction Administration Phase
a. The Construction Administration Phase will commence with
the award of the Contract for construction and will terminate when final payment
to the Contractor is due.
b. ARCHITECT shall provide administration of the Construction
Contract as described below.
c. ARCHITECT shall be a representative of CITY during the
Construction Administration Phase.
d. ARCHITECT shall visit the PROJECT at intervals appropriate
to the stage of construction or as otherwise agreed by ARCHITECT in writing, to
become generally familiar with the progress and quality of the work and to
determine in general if the work is proceeding in accordance with the Contract
Documents. However, ARCHITECT shall not be required to make exhaustive or con-
tinuous on -site inspections to check the quality or quantity of the work. On
the basis of such on -site observations as an architect, ARCHITECT shall keep
CITY informed of the progress and quality of the work, and shall endeavor to
guard CITY against defects and deficiencies in the work of the Contractor.
e. ARCHITECT shall not be responsible for and shall not have
control or charge of construction means, methods, techniques, sequences or pro-
cedures, or for safety precautions and programs in connection with the work
f. ARCHITECT shall at all times have access to PROJECT
whenever work is in progress.
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g. ARCHITECT shall determine the amounts owing to the Contractor
based on evaluations of the Contractor's Applications for Payment, and shall
issue Certificates for Payment.
h. The issuance of a Certificate of Payment shall constitute a
representation by ARCHITECT to CITY that, to the best of ARCHITECT's knowledge,
information and belief, the work has progressed to the point indicated; the
quality of the work is in accordance with the Contract Documents; and the
Contractor is entitled to payment in the amount certified. The issuance of a
Certificate for Payment shall not be a representation that ARCHITECT has made any
examination to ascertain how and for what purpose the Contractor has used the
moneys paid on account of the Contract sum.
i. ARCHITECT shall render interpretations necessary for the
proper execution or progess of the PROJECT work, with reasonable promptness.
j. CITY may request that claim, disputes and other matters in
question between the Construction Contractor and CITY relating to the execution
or progress of the PROJECT work or the interpretation of the Construction
Contract documents be referred initially to ARCHITECT for review. CITY shall
make the final decision in all such claims and disputes.
k. All interpretations of ARCHITECT shall be consistent with
the intent of and reasonably inferable from the Construction Contract documents
and shall be in writing or in the form of drawings.
1. ARCHITECT shall have authority to reject work which does
not conform to the Contract documents, and will have authority to require spe-
cial inspection or testing of the work whenever, in ARCHITECT's reasonable opi-
nion, it is necessary or advisable to implement the intent of the Contract.
m. ARCHITECT shall review and recommend appropriate action
upon Construction Contractor's submittals such as shop drawings, product data
and samples, but only for conformance to the design concept of the PROJECT work
and with the information given in the Construction Contract documents. Such
action shall be taken with reasonable promptness so as to cause no delay.
ARCHITECT's approval of a specified item shall not indicate approval of an
assembly of which the item is a component.
n. ARCHITECT shall advise CITY on all Change Orders requested or
proposed by Construction Contractor consistent with municipal, state and federal
rules, regulations and ordinances.
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o. ARCHITECT shall prepare Change Orders for CITY's approval
and execution, and shall have authority to order minor changes in the work not
involving an adjustment in the contract sum or an extension of the Contract
time.
p. ARCHITECT shall participate in the final acceptance inspec-
tion for final completion and review written guarantees and related documents
assembled by the Construction Contractor.
q. ARCHITECT shall determine the dates of substantial comple-
tion and final completion, and shall issue a final Certificate for Payment.
r. ARCHITECT shall prepare a set of reproducible record
drawings showing significant changes in the work made during construction based
on marked -up prints, drawings and other date furnished by the Construction
Contractor to ARCHITECT.
s. The extent of the duties, responsibilities and limitations
of authority of ARCHITECT as CITY's representative during construction shall not
be modified or extended without written consent of CITY, the Contractor and
ARCHITECT.
B. Reimbursable expenses under this contract include:
1. Duplication, printing, and related charges.
2. Travel expenses.
3. Long distance telephone charges.
C. Additional design services not provided under this Contract
include:
1. Revisions to Contract documents following approval by the City
Council; changes in scope or modifications of the PROJECT; or design of any work
off the designated site.
2. Revisions to Contract documents required by the enactment or
revisions of codes, laws, or regulations subsequent to the preparation of such
contract documents; or as due to other causes not solely within control of
ARCHITECT.
3. Environmental documents; special use permits; or other special
applications beyond building permits.
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4. Presentation drawings, artists renderings, or other graphic
presentation work other than ARCHITECT's study sketches.
5. Interior design.
6. Overtime.
III. CITY'S RESPONSIBILITIES
A. To be furnished by CITY:
1. A certified land survey of the site giving, as applicable,
grades and lines of streets, alleys, pavements, adjoining property, rights -of-
way, restrictions, easements, encroachments, zoning, deed restrictions, boun-
daries and contours of the site; locations and dimensions of existing building,
other improvements, major trees or rocks, and information about available ser-
vice and utility lines, both public and private, above and below grade,
including inverts and depths.
required.
2. A topographic map with contours at two -foot intervals.
3. Geology, hydrology, soils and other professional reports as
B. ARCHITECT shall be entitled to rely upon the accuracy and complete-
ness of services, information, and reports furnished by CITY.
C. Responsibility for Construction Cost:
1. It is agreed that neither ARCHITECT nor CITY has control over
the cost of labor, materials or equipment; over the Contractor's methods of
determining bid prices; or over competitive bidding, market or negotiating con-
ditions. Accordingly, ARCHITECT cannot and does not warrant that bids will not
vary from any cost estimate prepared by ARCHITECT.
2. No fixed limit of Construction Cost shall be established as a
condition of this Agreement by the furnishing, proposal or establishment of a
PROJECT budget; however, ARCHITECT shall endeavor to design the PROJECT to
conform to the construction estimate described in Section II of this Agreement.
IV. REPORTS
Every report, draft, work product, map, record and other document pre-
pared by ARCHITECT under this Agreement shall be the property of CITY. CITY
shall make no use of materials prepared by ARCHITECT pursuant to this Agreement,
except for construction, repair and maintenance of the PROJECT.
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V. STANDARD OF CARE
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ARCHITECT states and declares that all services performed hereunder
shall be provided in a manner commensurate with the professional standards
appliable to architects of Orange County, California, and shall be performed by
qualified and experienced personnel.
VI. INSURANCE
ARCHITECT shall maintain the following insurance coverage:
A. Liabilitv Insurance
General liability coverage in the following minimum limits:
Bodily Injury
Property Damage
$250,000 each person
$500,000 each occurrence
$500,000 aggretate
$100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in the amount
of $1,000,000 will be considered equivalent to the required minimum limits.
B. Subrogation Waiver
ARCHITECT agrees that in the event of loss due to any of the perils
for which ARCHITECT has agreed to provide insurance, that ARCHITECT shall look
solely to ARCHITECT's insurance for recovery. ARCHITECT hereby grants to CITY,
on behalf of any insurer providing insurance to either ARCHITECT or CITY with
respect to the services of ARCHITECT herein, a waiver of any right of subroga-
tion which any such insurer of said ARCHITECT may acquire against CITY by virtue
of the payment of any loss under such insurance.
C. Additional Insured
CITY, its City Council, boards and commissions, officers, agents,
servants and employees shall be named as an additional insured under all
insurance policies required under this Agreement. The naming of an additional
insured shall not affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional insured; and an addi-
tional insured named herein shall not be held liable for any premium or expense
of any nature on this policy or any extension thereof. Any other insurance held
by an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy. Proceeds from
any such policy or policies shall be payable to CITY primarily, and to ARCHITECT
secondarily, if necessary.
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VII. INDEPENDENT PARTIES
ARCHITECT and CITY intend that the relation between them created by
this Agreement is that of employer- independent contractor. The manner and means
of conducting the work are under the control of ARCHITECT, except to the extent
they are limited by statute, rule or regulation and the express terms of this
Agreement.
VIII. COMPENSATION
A. Amount of Compensation for Services
1. Basic design services.
a. Compensation for basic design services will be paid for on
the basis of a fixed fee. The total costs for all design services to be pro-
vided under this Agreement shall be Fifty -five Thousand Four Hundred Forty
Dollars ($55,440) and shall not be increased without prior written approval of
CITY.
b. For the purpose of computing compensation, the three phases
described in Section IIA above shall have the following values relative to one
another:
(1) Construction documents Phase 85%
! (2) Bidding Phase 5%
(3) Construction Administration Phase 10%
2. For Additional Services
a. Additional services will be paid for at the following
hourly rates:
listed above.
Principal . . . . . . . . . . . . . . . . .$75.00 per hour
Design . . . . . . . . . . . . . . . . . .$65.00 per hour
Drafting . . . . . . . . . . . . $25.00 - $45.00 per hour
b. Overtime will be paid for at 1.5 times the regular rates
c. Additional services will only be paid for if authorized by
CITY in writing.
3. For Reimbursable Expenses
a. Reimbursable expenses will be paid for at the rate of 1.2
times the direct cost to ARCHITECT.
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B. Change in Scope of Project
The scope of the PROJECT may be changed and the fixed fee revised
upon prior written approval of CITY if the increase in the fixed fee does not
exceed ten percent (10 %) of the fixed fee listed above. Any revisions to the
scope of the PROJECT which would result in an increase in the fixed fee
exceeding ten percent (10 %) of the fixed fee listed above may be approved by
CITY pursuant to a written amendment to this contract.
C. Manner of Commencement
1. ARCHITECT shall commence performance upon receipt of a written
Notice to Proceed. No Notice to Proceed shall be issued and no services shall
be performed by ARCHITECT or paid for by CITY until such time as ARCHITECT has
provided CITY and CITY has accepted a certificate or endorsement of insurance
coverage.
D. Retainer
1. CITY will pay ARCHITECT a retainer of Eight Thousand Three
Hundred Sixteen Dollars ($8,316) upon execution of the Contract. The retainer
will be credited against the final payment.
E. Method of Payment
Progress payments will be made to ARCHITECT every two weeks. From
each progress payment, ten percent (10 %) will be retained by CITY. Upon comple-
tion of each of the three phases described in Section IIA above, the amount pre-
viously retained by CITY will be paid to ARCHITECT.
Every two weeks ARCHITECT shall submit a detailed and itemized
invoice which contains the following information on the preceding period of two
weeks.
1. The amount due for Basic Services.
2. The amount due for approved Additional Services.
3. The amount due for reimbursable services together with copies
of invoices, receipts and actual costs.
CITY shall remit all sums due ARCHITECT within Fifteen (15) days of
receipt of the invoice.
F. RECORDS
ARCHITECT shall maintain records on services provided in sufficient
detail to permit an evaluation of services. All such records shall be main-
tained in accordance with generally accepted accounting principles and shall be
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clearly identified and readily accessible to CITY. Such records, together with
supporting documents, shall be kept separate from other documents and records
and shall be maintained for a period of three (3) years after receipt of final
payment.
IX. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition con-
tained 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 differenct character.
X. RIGHT OF TERMINATION
CITY reserves the right to terminate this Agreement at any time and for
any reason by giving ARCHITECT seven (7) days' prior written notice; notice
shall be deemed served upon deposit in the United States Mail, postage prepaid,
addressed to ARCHITECT's business office. In the event of termination due to
fault of ARCHITECT, CITY shall be obligated to compensate ARCHITECT for only
those authorized services which have been completed and accepted by CITY. If
this Agreement is terminated for any reason other than fault of ARCHITECT, CITY
agrees to compensate ARCHITECT for the actual services performed up to the
effective date of the Notice of Termination, on the basis of fee schedules con-
tained above, subject to any maximum amount to be received for any specific ser-
vice.
XI. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in
the United States mail, postage prepaid, registered or certified, addressed as
hereinafter provided.
All notices, demands, requests, or approvals from ARCHITECT to CITY
shall be addressed to CITY at:
City of Newport Beach
Parks, Beaches & Recreation Department
P. 0. Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests, or approvals from CITY to ARCHITECT
shall be addressed to ARCHITECT at:
Tarayao Architects
3111 Second Avenue, Suite #10
Corona del Mar, CA 92625
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XII. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties 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 hereof. Any
modification of this Agreement will be effective only by written execution
signed by both CITY and ARCHITECT.
XIII. MISCELLANEOUS
This Agreement shall be binding on and inure to the benefit of the
heirs, successors, assigns and legal representatives of the parties. Neither
party shall assign, sublet, or transfer his interest in this Agreement without
written consent of the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney °
CI
T BEACH,
rooration
TARAYAO ARCHITECTS
dit
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CITY
BY T,4E Ciff COUNCIL
April 14, 1986
CITY OF NEiVPORT BEACH CITY COUNCIL AGENDA
AGENDA ITEM F -3(b)
• APR 14 1986 _ (A)
TO: CITY COUNCIL APPROVED
FROM: Parks, Beaches and Recreation Department and Public Works Department
SUBJECT: CONSTRUCTION OF CORONA DEL MAR COMMUNITY YOUTH CENTER (C -2511)
RECOMMENDATIONS:
1. Approve an architectural services agreement with Bert Walokele
Tarayao, A.I.A., Incorporated, to design the proposed Corona del
Mar Community Youth Center for a fee of $55,440.
2. Authorize the Mayor and the City Clerk to execute the agreement.
DISCUSSION:
The current budget includes
• the Community Youth Center, Fifth and
available for the project in the curr
1986 -87 budget contains a request for
Recreation Fund for site development,
lot, and playground equipment.
a project to construct a new building at
Iris Avenues, Corona del Mar. The balance
ant budget is $521,000. The proposed
an additional $160,000 from the Parks and
including irrigation, landscaping, parking
Plans for this project were previously prepared by a different archi-
tect, with the resultant construction contract bids considerably exceeding the
project funding. In order to reduce the cost, the concept of the project has
been completely revised, with the building re- designed to a simpler design, the
building placed at a different location on the property requiring less grading,
and the scope of the site development work reduced.
Architect Bert W. Tarayao and a professional cost estimator have been
retained to develop a preliminary plan for a new building that they believe can
be built with funds that have been appropriated. The new building is a one -
story masonry structure with 5,476 square feet of floor area. A model of the
proposed new building and a set of the preliminary plans will be on display in
the Council's conference room.
The preliminary plans and model have been reviewed at three public
is forums: at the OASIS center, at a meeting of the Harbor View School's
Parent - Faculty Organization, and at a regularly scheduled meeting of the Parks,
Beaches and Recreation Commission.
April 14, 1986
Subject: Construction of Corona del Mar Community Youth Center (C -2511)
• Page 2
Estimated costs for the revised project are:
Building Construction $409,000
Contingencies and Escalation 40,000
Architect's Fee 55,440
Soils and Matl's Testing, Misc. Services 16,560
Subtotal $521,000
Site Development and Landscaping (1986 -87) 160,000
Total $681,000
A proposal has been received from Architect Bert W. Tarayao to prepare
the final plans and specifications for both the building and the site develop-
ment. The fee of $55,440 appears to be reasonable for the scope of services
involved; and Mr. Tarayoa's work on the preliminary plans has been satisfactory.
• A sketch is attached showing the location of the proposed project.
Q. A4
Ronald A. Whitley Benjamin B. Nolan
Parks, Beaches and R reation Director Public Works Director
KLP:jd
Att.
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