HomeMy WebLinkAboutC-2145 - Prepare Plans & Specifications for Remodeling Lido Fire StationFINANCE DIRECTOR
City Clerk
SUBJECT: Contract No. C -2145
CITY OF NEWPORT BEACH
CALIFORNIA
City Flan
3300 W. Neopor[ Blvd.
Area Code 714
DATE February 26, 1980
Description of Contract FcMdelina t'?e Mdo lira Srat4rn,
Authorized by Resolution No. 9716 adopted on ?ar _ 7� 1900
Effective date of Contract F„h.,,a s, -��. 1950
Contract with Kennit Darius.
s• • s • ._„
Amount of Contract $27,500.00
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AGREEMENT
FOR
ARCHITECTURAL SERVICES
(Lido Fire Station)
THIS AGREEMENT, made this,;? day of ,
1980, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "City," and the firm
of KERMIT DORIUS, F.A.I.A., ARCHITECTS AND ASSOCIATES, herein-
after referred to as "Architect," is made with reference to
the following facts:
A. City desires to remodel and add to City Fire
Department facilities located on 32nd Street; and
B. Architectural services are required for the
preparation of plans and specifications such that the bidding
procedure, and thereafter the construction of the facility,
can be initiated by City; and
C. Architect is duly qualified and licensed to
perform such services, and Architect has submitted a proposal
for the preparation of the necessary plans and specifications,
NOW, THEREFORE, in consideration of the foregoing,
the parties hereto agree as follows:
I. ARCHITECTURAL SERVICES
Architect hereby agrees to perform the following
services with respect to the remodeling and addition to the
City Fire Department facility located on 32nd Street:
A. Prepare an initial preliminary layout of
the work described in this Agreement, the layout
to include cross - sections of the structure,
exterior elevations, and designated site improvements;
B. Study the area available for the building
addition and remodel, in relation to the various
functions to be housed therein, and prepare sche-
matic studies describing the plan elements and
their relation to existing office spaces occupied
by departments of City;
C. Seek and obtain preliminary review and
comments with respect to the schematic studies
prepared, and subsequent to receipt of review and
comments, prepare preliminary floor plans, build-
ing sections, and exterior elevations for the
structure;
D. Should Coastal Commission approval be
required, Architect will assist City staff in
drawing up the application for Coastal Commission
approval and will represent City before the
Commission at such time and such place as the
Commission may require in its consideration of
the application;
E. Upon Coastal Commission approval, prepare
construction drawings and specifications, inclu-
ding structural design and electrical revisions,
such that City will be able to obtain bids from
contractors for the construction and remodeling
of the facility;
F. Architect shall provide time for drawing
clarification and shop drawing review during
bidding procedures and the actual construction
and remodeling; and
G. Architect will provide a color schedule
defining interior materials and finishes as
well as interior and exterior colors.
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II. DUTIES OF THE CITY
City hereby agrees to perform the following:
A. City shall prepare and assemble all
contract documents for bidding and shall con-
duct the bidding procedure;
B. Upon request of Architect, City shall
furnish, at its cost, the following:
1. A certified land survey of the site
giving grades and lines of streets, alleys,
pavements and adjoining property, rights -of-
way, easements, boundaries and contours of
the site; locations and dimensions of
existing buildings, trees and other pertinent
topographic features; and full information as
to available service and utility lines, both
public and private;
2. A complete soils report including
test borings, soil bearing and percolation
values, and other necessary information
required to determine subsoil conditions;
3. An acoustical report, if required,
stipulating architectural requirements rela-
tive to surrounding noise sources and veri-
fying internal sound separation between
units;
4. An energy analysis, if required,
establishing design criteria to meet state
energy conservation requirements.
C. Architect may rely upon information provided
by City pursuant to paragraphs II B 1 - 4, above,
and shall have no responsibility to make an indepen-
dent investigation or render any opinion as to the
sufficiency or reliability of such information.
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D. City shall have responsibility for all
fees required to be paid for securing approval
of authorities having jurisdiction over this
project and including, but not limited to,
engineering and other consultant costs when
those costs are not specifically included as
part of the architectural services described
in this Agreement.
E. City agrees to examine all documents
submitted by Architect and comment upon, or
approve, same within a reasonable period of
time such that there is no unreasonable delay
in the progress of the services to be performed
by Architect pursuant to this Agreement.
III. COMPENSATION
In consideration of the performance of the
services described above, City hereby agrees to pay Archi-
tect a sum of money based upon the hourly rate schedule
set forth below and the hours of work performed by Archi-
tect in the performance of its duties hereunder. Notwith-
standing the foregoing, in no event shall the sum paid to
the Architect pursuant to this Agreement be in excess of
Twenty -Seven Thousand Five Hundred Dollars ($27,500.00)
except as provided in subsections of this
paragraph.
A. Hourly rates include:
1. Principal - $ 65.00 per hour;
2. Designer - $ 40.00 per hour;
3. Draftsman - $ 25.00 per hour;
4. Other - $ 2.75 x direct
hourly rate.
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B. Other services reimbursable by City
include:
1. Outside services will be reim-
bursed at a rate equal to the cost of
the service plus 10% of that cost;
2. Costs of blueprinting will be
reimbursable at the cost to the Architect.
C. Sums due pursuant to this contract shall
be paid to Architect as follows:
Payment for work completed in any one
month will be due on or before the 10th of the
next succeeding month.
D. Overtime, when authorized by City, will
be charged at a rate equal to 1 -1/2 times the
regular hourly rate of pay.
E. Sums due Architect that remain unpaid
45 days after the first due date shall thereafter
bear interest at the rate of 3/4% per month until
those sums are fully paid.
F. In the event that the work herein outlined
is suspended or abandoned, Architect shall be paid
to the date of suspension of work at normal billing
rates, or in proportion to the percentage of work
completed, whichever sum is greater.
G. The sum designated by this Agreement as the
maximum allowable compensation shall be computed
excluding the following:
1. Overtime charges as defined herein;
2. Interest on any monies due Architect
that remain unpaid 45 days after the first
due date;
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3. Sums due as a result of changes
requested by City and work previously
approved by City, which changes for their
proper execution involve additional services
and expenses or changes in or additions to
the drawings, specifications or other docu-
ments previously prepared by Architect.
IV. TERMINATION
This Agreement may be terminated by City, for
any reason, upon seven days' written notice to Architect.
Upon termination of this Agreement by City, for reasons unre-
lated to the performance of this Agreement by Architect,
Architect shall be paid for all services performed to date of
termination, said payment to be made within 30 days from the
date of termination. In addition to the rights set forth
above, either party may, should the other fail substantially
to perform in accordance with the terms and conditions of this
Agreement, elect to terminate this Agreement upon seven days'
written notice to the other party.
V. OWNERSHIP OF DOCUMENTS
All architectural documents and designs shall
remain the property of Architect. Architect shall within ten
days of any written request for copies of any architectural
documents or design prepared by Architect pursuant to this
Agreement, provide City with copies of all documents and
designs requested. City shall within 15 days of the date of
receipt pay to Architect whatever costs were incurred in the
reproduction of the documents.
VI. INDEMNIFICATION
Architect shall indemnify and hold City harmless
from any damage, liability or claim that may arise out of,
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or be in any way related to, any errors, omissions or negli-
gence on the part of the performance of Architect pursuant
to this Agreement, or in the performance of any work or
services by Architect herein provided. City shall indemnify
and hold Architect harmless from any claim, damage or liability
that may arise out of, or in any way be related to, any error,
omission or negligence on the part of the employees, represen-
tatives or agents of City, which error, omission or negligence
arises out of, or is in any way related to, the performance of
any of the duties or acts required to be performed by City
pursuant to the terms and conditions of this Agreement.
VII. INDEPENDENT CONTRACTOR
It is expressly understood by and between the
parties hereto that no employment relationship is created by
virtue of this Agreement and that Architect and any of its
agents, employees or representatives are, and will remain,
independent contractors.
VIII. ASSIGNMENT
This Agreement shall be binding upon City and
Architect and their successors, assigns and legal represen-
tatives. Neither party to this Agreement shall assign or
transfer its interest in this Agreement, or any part thereof,
without the written consent of the other party.
IX. ARBITRATION
Arbitration of all questions in dispute under
this Agreement shall be at the option of either party and
shall, should either party exercise his option hereunder, be
subject to arbitration in accordance with the previsions,
then obtaining, of the Standard Form of Arbitration Procedures
of the American Institute of Architects, and any judgment upon
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M 40
the award rendered may be entered in the court of the forum,
state or federal, having jurisdiction thereof. Should the
option to arbitrate not be exercised, either party is free
to pursue any and all legal remedies available through the
courts. The prevailing party in any arbitration or litigation
shall be entitled to reasonable attorneys' fees and costs
incurred in such arbitration or litigation.
X. NOTICES
Any notices to be given pursuant to this Agree-
ment by either party to the other may be effected either by
personal delivery in writing or by mail, registered or certi-
fied, postage prepaid, with return receipt requested. Mailed
notices shall be addressed to the parties at the addresses
appearing beneath the signature lines to this Agreement, but
each party may change his address by written notice in accor-
dance with this paragraph. Notices delivered personally
shall be deemed communicated as of actual receipt; mailed
notices shall be deemed communicated as of one day after the
date of mailing.
XI. ENTIRE AGREEMENT
This Agreement supercedes any and all other
Agreements, either oral or in writing, between the parties
hereto with respect to the retention of services of Architect
by City, and contains all the covenants and agreements between
the parties with respect to the retention of Architect in any
manner whatsoever. Each party to this Agreement acknowledges
that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein,
am
and that no other agreement, statement or promise not con-
tained in this Agreement shall be valid or binding. Any
modification of this Agreement will be effective only if
it is in writing and signed by the party to be charged.
XII. GOVERNING LAW
This Agreement shall be governed by, and
construed in accordance with, the laws of the State of
California, and the appropriate forum for litigation shall
be the County of Orange within the State of California.
IN WITNESS WHEREOF, the parties hereto have
executed this Agreement as of the day and year first above
written.
ATTEST:
Ci y Clerk'
APPROVED AS
CITY OF NEWPORT BEACH
By�LLL )
City Manager
3300 Newport Boulevard
Newport Beach, California 92663
101OW4
KERMIT DORIUS, F.A.I.A.,
ARCHITECTS AND ASSOCIATES
By
95
3111 Second Avenue
Corona del Mar, California 92625
ARCHITECT
January 7, 1980
CITY COUNCIL AGENDA
ITEM N0. H -2(1)
TO: CITY COUNCIL
FROM: Public Works Department and Fire Department
SUBJECT: REMODELING LIDO FIRE STATION
Ey fh3 GITY CGUP,CiL
RECOMMENDATION: iY B:ACH
Authorize the City Manager to execute an architectural services
agreement with Kermit Dorius, FAIA, Architects and Associates, to
prepare plans and specifications for remodeling Fire Department
facilities on 32nd Street, for an estimated fee not to exceed
$27,500.
DISCUSSION:
The 1979 -80 budget contains an appropriation of $350,000 from the
Building Excise Tax Fund to remodel the Lido Fire Station. Attached is a memo
from the.City Manager describing the project, and a sketch showing the loca-
tion of the project.
The project will provide for raising the apparatus room roof to pro-
vide clearance for current fire fighting equipment, expansion of present
living quarters to accommodate added personnel, and administrative office area
to accommodate the administrative contingent of the Fire Department.
The plan consists of two parts: (a) relocating Fire Department ad-
ministrative offices into a new two -story 25' x 32' addition to be added to
the north end of the two -story wing of the building between the fire station
and the City Hall. The existing second floor City Hall conference room will
be converted into additional office space for the Fire Department; and (b)
raising the roof of the apparatus room; remodeling the present living quarters;
and converting the present administrative offices into additional living quar-
ters.
The proposed project budget is as follows:
Remodeling contract $300,000
Professional fees 30,000
Miscellaneous & Contingencies 20,000
$350,000
Furnishing (to be requested in 1980 -81 budget) 50,000
Total Project $400,000
N ft
January 7, 1980
Subject: Remodeling Lido Fire Station
Page 2
The tentative project schedule is as follows:
City Manager authorized to execute agreement January 7, 1980
Preliminary Plans Completed
March 11, 1980
Final Plans Completed
April 1, 1980
Plans Approved by City Council
April 14, 1980
City Clerk Advertises for Bids
April 17, 1980
Bids Received
May 30, 1980
Contract Awarded
June 9, 1980
Contract Executed
June 27, 1980
Work Commences
July 7, 1980
Work Completed
December 31, 1980
Kermit Dorius was the architect for the Council Chambers; the
Marine Safety Department building; and the addition to the Marine Safety
Department building. The architectural services for those projects were
performed in a very satisfactory manner.
Benjamin B. Nolan James M. Reed
Public Works Director Fire Chief
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Att.
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
December 10, 1979
COUNCIL AGENDA ITEM N0. H -17
BA -033
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: ADDITIONAL APPROPRIATION FOR REMODELING OF THE LIDO FIRE STATION
The 1979 -80 fiscal year budget authorized $150,000 for the remodel-
ing of the Lido Fire Station. This is the station closest to the City Hall.
This project was to provide for raising the apparatus room roof to provide
clearance for current firefighting equipment, expansion of present living
quarters to accommodate added personnel and administrative office area to
accommodate the administrative contingent of the Fire Department.
The original approval in the 1979 -80 fiscal year budget was in
part based on the fact that the Lido Station has the least amount of square
footage er Fire Department personnel than any other fire substation within
the City. In 1976 the second paramedic unit was added to this station and
this addition severely cramped the living quarters of the facility. The esti-
mated project cost ($150,000) was actually prepared in 1977, but was inadvertent-
ly left out of the budget. This year's budget included the project, but there
was no adjustment for inflation in the budgeted amount. Shortly after Council
approval of the project, staff members of the Public Works Department and Fire
Department, along with.an architect, began developing specific details and
plans for the project. After developing the first set of drawings and receiv-
ing preliminary cost estimates, it became apparent that the project was not
adequately funded. The estimated cost of the project is now.$350,000. This
necessitates an additional appropriation of $200,000 to fund the project.
The Budget Committee has met on this project and reviewed the ad-
vantages and disadvantages, after which it is their recommendation that the
City proceed by appropriating the additional money. It is proposed, therefore,
that $200,000 be appropriated from the Building Excise Tax Fund balance (cur-
rently $421,000) to the Building Excise Tax Capital Improvement Projects, Item
3 (Page 363 of the 1979 -80 Budget).
1
Station
Balboa Peninsula
Lido
Newport Center
Balboa Island
Corona del Mar
Mariners
Gross Floor Area No. of Personnel Sq. Ft. /Personnel
2,903 9 322
4,753 24 198
13,481 33 408
1,163 6 194
1,987 9 221
21970 9 330
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RESOLUTION NO. &'71 6
A RESOLUTION OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND KERMIT DORIUS,
FAIA, ARCHITECT AND ASSOCIATES TO PREPARE
PLANS AND SPECIFICATIONS FOR REMODELING OF
THE LIDO FIRE STATION
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Architectural Service
Agreement between the City of Newport Beach and Kermit Dorius,
FAIA, Architect and Associates, in connection with remodeling
the Lido Fire Station; and
WHEREAS, the City Council has reviewed the terms
and conditions of said Agreement and finds them to be satisfactory
and that it would be in the best interest of the City to execute
said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the Agreement above - described
is approved, and the City Manager is hereby authorized and
directed to execute the same on behalf of the City of Newport Beach.
ADOPTED this day of JAN 7 1 , 1980.
Mayor
ATTEST:
City Clerk
HRC /ap
1/2/80