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HomeMy WebLinkAboutC-2511(A) - Design Services for Community Youth CenterI/ CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714(640 -2251 ,�y�Gi.rcGL- (. O/ i 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) kwVW& Wanda E. Andersen City Clerk WEA:Ir attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 G_J 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. r 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. 1 of 10 0 0 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. 2 of 10 0 0 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. 3 of 10 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. 4 of 10 E I- L-1 L 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. 5 of 10 r1 V. STANDARD OF CARE 0 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. 6 of 10 1 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. 7 of 10 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 8 of 10 V Fr L _ A 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 9 of 10 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 10 of 10 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. 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