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Home My WebLink AboutC-2554(A) - Architectural for Proposed New Warehouse, Corporation YardCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640-2251 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: February 19, 1986 SUBJECT: Contract No. C- 2554(A) Description of Contract New Warehouse j� Architectural Agreement for Proposed Effective date of Contract February 19, 1986 Authorized by Minute Action, approved on January 13, 1986 Contract with Address Picker & Ruffing, Architects 610 Newport Center Drive, Suite 630 Newport Beach, CA 92660 Amount of Contract (See Agreement) Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • TO: CITY COUNCIL FROM: Public Works Department BY THE C;TV COUNCIL CITY OF NDPORT ITEKH JAN 13 1980 APPRO V fill • January 13, 1986 CITY COUNCIL AGENDA ITEM NO. F -3(b) SUBJECT: PROPOSED NEW WAREHOUSE AT THE CORPORATION YARD (C- 2554)(A) RECOMMENDATIONS: 1. Approve an architectural services agreement with-Ficker & Ruffing Architects to prepare working plans and specifications for a pro- posed new warehouse for a fee of $25,000. 2. Authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: The 1985 -86 budget contains two appropriations totaling $560,000 to • replace the existing 5,6UO- square -foot warehouse at the Corporation Yard with a new warehouse and records storage facility. The location is shown on the attached sketch: The source of funds is: General Fund $385,000 Water Fund 175,000 Total $560,000 The architectural firm of Ficker & Ruffing, working with the staff, has developed a schematic design for the project. The building will be basi- cally a one -story insulated metal building of 9,000 square feet, the largest size that can be built on the site of the present building; plus a mezzanine floor of 2,400 square feet. The contract documents will list mezzanine construction as a separate deductive bid item; therefore, if the bids exceed the estimates, the staff will recommend that the mezzanine be deleted from the award of bid, and not be built until first floor storage area approaches its maximum capacity. However, it appears at this time that the project can be built as contemplated within budget. 44 Ben amin B. Nolan Public Works Director KLP:jd Att. oV Ir-J I 74 1 nir, o C+ P% p zi L 4 70 I. 4 70 February 19, 1986 TO: CITY CLERK FROM: Public Works Department SUBJECT: ARCHITECTURAL AGREEMENT FOR PROPOSED NEW WAREHOUSE Attached are the original and one copy of the subject agreement. Please have them executed on behalf of the City and return to this office the copy. Kenneth L. Perry Office Engineer KLP:jd Att. E 9 1 C K E R & RU F F I N G • A R C H T E C T `is '1I, Ccft Certer Drive SuIte 636 , Newport Beach. Cal f -92660 ?'.5 -644 -1581 February 12, 1986 City of Newport Beach Public Works Dept. P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Mr. Ken Perry Subject: Proposed New Warehouse Gentlemen: nil ar. P P,;e A.I.A. Pc: _ 1. R:f 1in c_. A I A. Ja:n,, L. Van Daff=er.. A.: A. Amolu E. Maron. A.: A. Jeffrey H. Gyn., A I A PE614 1996 Enclosed herewith please find original and one copy of Architectural Agreement, fully executed. Upon execution by the City please return one copy to our office for our records. es ly, I � au J Ru g, AIA-1: PJR:gm encs. C TO: CITY ATTORNEY FROM: Public Works Department SUBJECT: Proposed New Warehouse Attached are subject agreements to this department. K neth L. Perry Project Engineer KLP:kf E February 14, 1986 1 ^cry CAOi Please approve as to form and return y ARCHITECTURAL AGREEMENT (FOR PROPOSED NEW WAREHOUSE) THIS AGREEMENT, entered into this day of 1986, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, (hereinafter "CITY ") and FICKER & RUFFING, ARCHITECTS, (hereinafter "ARCHITECT "), is made with reference to the following: WHEREAS, CITY and ARCHITECT have previously prepared a schematic design for a proposed new warehouse to replace an existing warehouse located at the City's Corporation Yard located at 592 Superior Avenue, Newport Beach, California, and; WHEREAS, CITY and ARCHITECT desire to enter into an agreement for the preparation of final plans and specifications for the construction of said pro- posed new warehouse (hereinafter referred to as "PROJECT ") upon the terms and conditions listed below: SECTION I: SERVICES TO BE PERFORMED BY ARCHITECT A. Basic Services ARCHITECT shall perform each service listed below: 1. Prepare Final Design a. Prepare final architectural solutions, building layout, structural system and preliminary mechanical and electrical systems. staff. b. Update cost estimate and confirm estimate with City 2. Prepare Construction Documents a. Prepare architectural, structural, mechanical and electrical drawings and specifications. bidding period. b. Prepare engineering calculations. c. Prepare final cost estimate. 3. Clarify plans and specifications as required during the 4. Review and recommend appropriate action during the construction period upon construction contractor's submittals such as shop drawings, product data and samples, for conformance to the design concept of the PROJECT work and with the contract documents. 1 of 6 B. Additional Services In addition to the basic services specified above, ARCHITECT shall perform the following services upon written authorization from CITY. 1. Provide consultation concerning replacement of any PROJECT work damaged by fire or other cause during construction. 2. Make revisions in drawings, specifications or other docu- ments when such revisions are consistent with written approvals or instructions previously given; when required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or as are due to other causes not within the control of ARCHITECT. 3. Prepare a set of reproducible record drawings showing significant changes in the work made during construction based on marked -up prints, drawings and other data furnished by the construction contractor. SECTION II: SERVICES OF ARCHITECT NOT INCLUDED WITHIN THE SCOPE OF THIS AGREEMENT A. Construction contract administration. B. Assuming responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs associated with the PROJECT: C. Soil Engineer and Surveyor. SECTION III: COMPENSATION OF ARCHITECT A. ARCHITECT shall be compensated for basic services in amounts not to exceed the following unless CITY has given its prior written consent: 1. Professional services described in Section IA1 above: $ 7,500 2. Professional services described in Sections IA2, IA3, and IA4 above: $17,500 B. ARCHITECT shall be compensated for additional services per- formed only after a price has been agreed upon between CITY and ARCHITECT; said price has been approved in writing by CITY; and CITY has notified ARCHITECT in writing to proceed with said additional services. Compensation for additional services shall be based upon the following hourly rates: 2 of 6 0 Classification Principals Executive Architect /Planner Project Architect Senior Planner /Designer Intermediate Planner /Designer Job Captain Senior Draftsman Intermediate Draftsman Junior Draftsman Clerical 0 Hourly Rate $120.00 $ 95.00 $ 72.00 $ 64.00 $ 50.00 to $55.00 $ 50.00 to $55.00 $ 42.00 to $45.00 $ 37.00 to $42.00 $ 32.00 to $35.00 $ 20.00 In addition to the compensation set forth above, ARCHITECT shall be reimbursed for the following expenses: 1. Mailing and delivery costs. 2. Communication costs, including telephone calls outside the Orange County extended area. 3. Reproduction of documents, except documents produced in ARCHITECT's office by ARCHITECT for his own use. 4. Perspective renderings, presentation models, or other graphic representations, including photographs and art. 5. Expenses for automobile mileage. C. Method of Payment ARCHITECT shall submit a detailed and itemized invoice which contains information on the preceding calendar month: 1. The amount due for Basic Services. 2. The amount due for approved Additional Services. 3. An itemization of reimbursable expenses together with copies of invoices, receipts and actual costs. The compensation set forth above shall not be construed in any way to limit the services required under this Agreement or the respon- sibility of ARCHITECT to complete the services set forth in this Agreement for any reason, including, but not limited to, cost overruns, excess employee time or compensation required to be paid by ARCHITECT. 3of6 0 SECTION IV: STANDARD OF CARE ARCHITECT states and declares that all services performed hereunder shall be provided in a manner commensurate with the professional stan- dards applicable to architects of Orange County, California, and shall be per- formed by qualified and experienced personnel. SECTION V: INDEPENDENT PARTIES The parties to this Agreement intend that the relation between them created by this Agreement is that of employer - independent contractor. SECTION VI: PROHIBITION AGAINST TRANSFERS ARCHITECT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of CITY. SECTION VII: HOLD HARMLESS ARCHITECT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the outcome of any such claim or suit, arising from or in any manner connected to solely the ARCHITECT's negligent performance of services or work conducted pursuant to this Agreement. SECTION VIII: PERMITS AND LICENSES ARCHITECT at his sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION IX: REPORTS As instruments of the ARCHITECT's professional services, every final document reproduced, prepared or caused to be prepared by ARCHITECT pur- suant to or in connection with this Agreement shall become the property of CITY. CITY shall make no use of materials prepared by ARCHITECT pursuant to this Agreement except in connection with construction, repair and maintenance of PROJECT. SECTION X: 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 4of6 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: Newport Beach City Hall 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Benjamin B. Nolan, Public Works Director All notices, demands, requests, or approvals from CITY to ARCHITECT shall be addressed to ARCHITECT at: Ficker & Ruffing, Architects 610 Newport Center Drive Suite 630 Newport Beach, CA 92660 SECTION XI: TERMINATION This Agreement may be terminated by either party upon Seven (7) days' written notice should the other party fail to substantially perform in accordance with the terms through no fault of the party initiating the ter- mination. In the event of termination due to the fault of the party other than the ARCHITECT, the ARCHITECT shall be compensated for his services performed to the date of termination, including reimbursable expenses and expenses directly attributed to the termination. It is recognized and agreed that the "Design Services" provided for in this Agreement, will not and cannot be completed until all such services have been performed in full by the ARCHITECT. In the event that this Agreement is prematurely terminated or that the ARCHITECT is, otherwise, precluded from completing the services set forth herein, CITY AGREES TO HOLD HARMLESS, indemnify, and otherwise defend the ARCHITECT from and against any and all claims, demands, suits, damages, losses, whatever kind, costs and expenses including reimbursable attorney fees arising out of PROJECT. SECTION XII: WAIVER A waiver by CITY or ARCHITECT of any breach of any term, cove- nant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition con- tained herein whether of the same or a different character. 5of6 SECTION XIII: INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and ARCHITECT. SECTION XIV: COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: t orney ATTEST: City Clerk CIT NEWPORT BEACH, a unicAoal.Corvsration r 9 rr ,Pcker & nffing, Atthitects 6of6