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HomeMy WebLinkAboutC-2594(A) - Design Services for Addition to Lifeguard Headquarters BuildingCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR Public Works Department FROM: CITY CLERK DATE: August 26, 1986 SUBJECT: Contract No. C- 2594(A) Description of Contract Agreement for Design Services for Proposed Addition to Lifeguard Headquarters Building Effective date of Contract August 25, 1986 Authorized by Minute Action, approved on Contract with The Hill Partnership Inc. Address 115 twenty- Second Street Newport Beach, CA 92663 Amount of Contract (See Agreement) U Wanda E. Raggio City Clerk WER:pm Attachment 14, 1986 3300 Newport Boulevard, Newport Beach 0 0 C— z -5 ex �4? August 19, 1986 TO: CITY CLERK FROM: Public Works Department SUBJECT: AGREEMENT FOR DESIGN SERVICES FOR PROPOSED ADDITION TO LIFEGUARD HEADQUARTERS BUILDING The original and one copy of the subject agreement are attached. The agreement was approved at the July 14, 1986 Council meeting (Item F- 3(d)). Please have the agreement executed on behalf of the City and return the one copy to this department. y. Ken Perry Office Engineer KP: jd Att. 11 LETTER OF TRANSMITTAL TO: CITY OF NEWPORT BEACH, PUBLIC WORKS DEPT. DATE: August 14, 1986 3300 Newport Blvd. RE: Lifeguard Headquarters Newport Beach, CA 92658 -8915 Building (CO2549) ATTN: Kenneth L. Perry WE ARE SENDING YOU: VIA: ❑ UNDER SEPARATE COVER X& ATTACHED ❑ MAIL KX HAND ❑ ❑ FOR YOUR USE ❑ FOR YOUR SIGNATURE ❑ FOR YOUR FILES THE FOLLOWING: x$ AS REQUESTED • APPROVED • APPROVED AS NOTED ❑ FOR REVIEW AND COMMENT ❑ FOR CORRECTIONS ❑ PRINTS ❑ SHOP DRAWINGS ❑ CALCULATIONS ❑ TRACINGS ❑ SAMPLES ❑ COPY OF LETTER ❑ SPECIFICATIONS ❑ INFO SHEETS D CONFERENCE REPORT A CONTRACTS COPIES DATE DESCRIPTION 2 ORIGINAL AND COPY OF LIFEGUARD HEADQUARTERS REMARKS: FROM: Larry Frapwell COPIES TO: ❑ ❑ ❑ ❑ ❑ ❑ O DENOTES WITH ATTACHMENT ARCHITECTURE • PLANNING • INTERIORS 115 TWENTY - SECOND STREET • NEWPORT BEACH, CALIFORNIA 92663 ,_..: . • ENGINEERING TELEPHONE 714/675 -6442 CITY OF NEWPORT BEACH CONTRACT NO. 2594 AGREEMENT FOR DESIGN SERVICES FOR PROPOSED ADDITION TO LIFEGUARD HEADQUARTERS BUILDING THIS AGREEMENT is entered into on this _Cg5Z;re-day of , 1986, by the CITY OF NEWPORT BEACH, a municipal corporation, hereirtafter referred to as "CITY ", and the firm of THE HILL PARTNERSHIP, INC., hereinafter referred to as "ARCHITECT" WITNESSETH: CITY desires to construct a new building and site improvements, hereinafter referred to as "PROJECT ", at its Lifeguard Headquarters Building located near the base of the Newport Ocean Pier; and Professional design services are necessary to prepare plans and speci- fications 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 Desiqn Services Basic design services to be provided by ARCHITECT under this Agreement include: 1 of 7 • i 1. Construction Documents Phase a. Preparation of working plans, specifications, and contract documents for an addition of approximately 1,500 square feet of additional area and the remodeling of approximately 800 square feet of existing floor space, based on a preliminary plan that has previously been prepared by Kermit Dorius Associates, Job No. 85330. 2. Bidding Phase a. Assisting CITY during the bidding phase. B. Reimbursable Expenses Reimbursable expenses under this contract include: 1. Duplication, printing, and related charges. 2. Travel expenses. 3. Long distance telephone charges. C. Design Services Not Provided Design services not provided under this Contract include: 1. Civil engineering. 2. Soils engineering 3. 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. 4. 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. 5. Environmental documents; special use permits; or other special applications beyond building permits. 6. Presentation drawings, artists renderings, or other graphic presentation work other than ARCHITECT's study sketches. 7. Interior design. S. Overtime. III. 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. 2 of 7 IV. STANDARD OF CARE E 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. V. INSURANCE ARCHITECT shall maintain the following insurance coverage: A. Liability 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. 3 of 7 A VI. 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. VII. 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 Sixteen Thousand Dollars ($16,000) 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: hourly rates: (1) Construction documents Phase 90% (2) Bidding Phase 10% 2. For Additional Services a. Additional services will be paid for at the following Principal . . . . . . . . . . . . . . . . .$90.00 per hour Directors & Associates . . . . . . . . . .$65.00 per hour Project Manager . . . . . . . . . . . . . .$55.00 per hour Other employees 2' times direct hourly rate CADD Equipment use (excluding operator time) $55.00 per hour Additional consultants will be paid for at one and two - tenths (1.2) times the amount billed to ARCHITECT. b. Overtime will be paid for at one and a half (1.5) times the regular rates listed above. 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 one and one -tenth (1.1) times the direct cost to ARCHITECT. 4 of 7 VIII. TERM The term of this Agreement shall commence on the 11th day of August, 1986, and shall terminate on the 10th day of August, 1987, unless terminated earlier as set forth herein. IX. HOLD HARMLESS ARCHITECT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, agents, 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 merit or outcome of any such claim or suit, arising from or in any manner connected to the negligent performance of services or work by ARCHITECT pursuant to this Agreement. X. 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. XI. 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. 6 of 7 P 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 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: The Hill Partnership Inc. 115 Twenty- second Street Newport Beach, CA 92663 XI. 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. XII. 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: fob City Clerk CITY;flF NEWPORT BEACH a MM nici ,Cor orb By- Mayor THE AP OVED AS TO FORM: ' BY k __ Ci or ey CITY 7of7 i By THE CITY COUNCIL July 14, 1986 CITY OF NEWPORT 8WH CITY COUNCIL AGENDA ITEM NO. F -3(d) JUL 14 1986 TO: CITY COUNCIL APPROVED FROM: Public Works Department SUBJECT: ARCHITECTURAL AGREEMENT FOR ADDITION TO LIFEGUARD HEADQUARTERS BUILDING (C -2594) RECOMMENDATION: 1. Approve an architectural services agreement with the Hill Partnership Inc. in the amount of $16,000 to prepare plans for an addition to the Lifeguard Headquarters building. 2. Authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: The 1986 -87 budget contains appropriations of $152,200 to construct an addition to the Lifeguard Headquarters Building. The Marine Department has received a proposal from the Hill Partnership Inc. to provide the architectural services for the lump sum price of $16,000 for the basic services. The fee appears to be reasonable for the scope of the services to be provided. Benjamin B. Nolan Public Works Director KLP:jd Att. David Harshbarger Marine Services Director