HomeMy WebLinkAboutC-2519 - Professional Services for 15th Street Public Beach RestroomTO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: August 15, 1985
SUBJECT: Contract No. C -2519
OF NEWPORT BEACH
IF THE CTTY CLERK
14) 640 -2251
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Description of Contract Architectural Agreement - Public Beach
Restrooms at 15th Street and at Washington Street
Effective date of Contract August 14, 1985
Authorized by Minute Action, approved on July 8, 1985
Contract with Neil S. Fairbanks, Architect
Address 5873 Callister Avenue
Sacramento, CA 95813
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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ARCHITECTURAL AGREEMENT
THIS AGREEMENT, entered into this 1— day of , 1985,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, (hereinafter
"CITY ") and NEIL S. FAIRBANKS, ARCHITECT, whose address is 5873 Callister
Avenue, Sacramento, California 95813 (hereinafter "ARCHITECT "), is made with
reference to the following:
WHEREAS, CITY and ARCHITECT desire to enter into an agreement for the
preparation of plans and specifications for the construction of a new beach
public restroom on the ocean front at Fifteenth Street, and for the refurbish-
ment of an existing public restroom on East Bay Avenue at Washington Street
(hereinafter referred to as "PROJECT ") upon the terms and conditions listed
below:
SECTION 1: SERVICES TO BE PERFORMED
A. Basic Services
Architect shall perform each service described below:
1. Phase 1: Schematic Design
a. Analyze data furnished by CITY related to the existing
systems to support PROJECT.
PROJECT.
b. Meet with City's representative to review details of
c. Prepare PROJECT schedule.
d. Prepare schematic design of PROJECT, including site
plans, floor plans, elevations and sections, recommendations for materials,
colors, landscaping, and lighting.
e. Prepare an estimate of the cost to construct all work
designed by ARCHITECT, exclusive of professional fees, land, rights -of -way and
other costs which are the responsibility of CITY.
2. Phase 2: Design Development
a. Prepare design development documents, including normal
architectural exhibits including plot plans; site plans; architectural, struc-
tural, mechanical, electrical and landscape plans; elevations, sections and
details; and descriptions of materials, colors, equipment, drainage, paving,
plantings, lighting, water features, site furniture and irrigation system.
b. Prepare outline specifications.
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3. Phase 3: Construction Documents
a. Update the PROJECT schedule.
b. Prepare construction drawings and specifications.
4. Phase 4: Bidding
a. Clarify plans and specifications as required.
5. Phase 5: Construction Contract Administration.
a. ARCHITECT shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety precautions
and programs associated with the PROJECT.
b. ARCHITECT shall at all times have access to PROJECT.
c. ARCHITECT shall render interpretations necessary for the
proper execution or progress of the PROJECT.
d. Review and recommend appropriate action upon construc-
tion 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
contract documents.
e. Advise CITY on all change orders requested or proposed
by construction contractor.
f. Participate in the final acceptance inspection and
review written guarantees and related documents assembled by the construction
contractor.
B. Additional Services
In addition to the 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 instruc-
tions 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 signi-
ficant changes in the work made during construction based on marked -up prints,
drawings and other data furnished by the construction contractor.
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C. Performance
ARCHITECT shall complete Phases 1 -3 inclusive of the Basic
Services described in Section 1 -3 above within Ninety (90) consecutive calendar
lays after execution of the Agreement by CITY.
SECTION 2: COMPENSATION OF ARCHITECT
A. Compensation for Basic Services
ARCHITECT shall be compensated for services performed in an
amount not to exceed Nine Thousand Five Hundred Seventy -five Dollars ($9,575).
Compensation for Basic Services set forth above shall not exceed
the following unless CITY has given its prior written consent:
1. Professional Services for 15th Street Restroom $7,475
2. Professional Services for Washington Street Restroom $2,100
The compensation set forth above shall not be construed in any
way to limit the services required under this Agreement or the responsibility 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 compen-
sation required to be paid by ARCHITECT.
B. Compensation for Additional Services
ARCHITECT shall be compensated for additional services performed
only after a price has been agreed upon between CITY and ARCHITECT, and said
price has been approved in writing by CITY, and CITY has notified ARCHITECT in
writing to proceed with said additional services.
C. Compensation for Expenses
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. Services of Soils Engineer, Surveyor or other similar con-
sultants when approved in advance and in writing by CITY.
5. Perspective renderings, presentation models, or other
graphic representations, including photographs and art.
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Reimbursable expenses for automobile mileage shall be computed
at $0.22 per mile. All other expenses shall be computed at actual cost.
D. 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.
SECTION 3: STANDARD OF CARE
ARCHITECT warrants and guarantees that all services performed
hereunder shall be provided in a manner commensurate with the highest pro-
fessional standards and shall be performed by qualified and experienced
personnel.
SECTION 4: INDEPENDENT PARTIES
The parties to this Agreement intend that the relation between them
created by this Agreement is that of employer- independent contractor.
SECTION 5: 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 6: 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 ARCHITECT's negligent performance of services or work conducted pursuant to
this Agreement.
ARCHITECT shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees from and
against any and all claims and losses whatsoever, including reasonable attor-
neys' fees, accruing or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, equipment or supplies
arising from or in any manner connected to the negligent performance of services
or work conducted or performed pursuant to this Agreement and arising out of or
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connected to such services of work, and from any and all claims and losses what-
soever, including reasonable attorneys' fees, accruing or resulting to any per-
son, firm or corporation for damage, injury or death arising out of ARCHITECT's
services or work pursuant to this Agreement.
SECTION 7: 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 8: REPORTS
Every document reproduced, prepared or caused to be prepared by
ARCHITECT pursuant to or in connection with this Agreement shall be the prop-
erty 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 9: 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:
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:
Neil S. Fairbanks, Architect
5873 Callister Avenue
Sacramento, CA 95813
SECTION 10: TERMINATION
In the event ARCHITECT hereto fails or refuses to perform any of the
provisions hereof at the time and in the manner required hereunder, ARCHITECT
shall be deemed in default in the performance of this Agreement. If such
default is not cured within a period of Five (5) days after receipt by ARCHITECT
from CITY of written notice of default, specifying the nature of such default
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and the steps necessary to cure such default, CITY may terminate the Agreement
forthwith by giving to ARCHITECT written notice thereof.
CITY shall have the option, at its sole discretion and without
cause, of terminating this Agreement by giving Thirty (30) days' written notice
to ARCHITECT as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
SECTION 11: WAIVER
A waiver by CITY of any breach of any term, covenant, 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 contained herein whether of
the same or a different character.
SECTION 12: 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 13: 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.
CITY OF NEWPORT BEACH,
a Municipal Corporation
APP ED AS TO FORM: %
By• C �!
City Manager
City Attorney
ARCHITECT
N,Gc" , 4' � Ggw. ��
Neil S. Fairbanks C 0!084%
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• TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT:
RECOMMENDATION:
0
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUL 8 1985
0s)
July 8, 1985
CITY COUNCIL AGENDA
ITEM NO. F-3(a)
APPROVED • C /
i Authorize the City Manager to-execute a professional services agree -
meet with N. S. Fairbanks, Architect, to prepare plans and specifica-
tions for new.public beach restroom at 15th Street; and for refurbish-
ing the existing public restroom at Washington Street and Bay Avenue,
for a total fee of $9,575.
DISCUSSION:
The 1985 -86 budget contains an appropriation of $200,000 to construct
new public beach restrooms at selected locations. The two locations for which
it is is recommended that plans and specifications be prepared are consistent
with the attached report on public beach restrooms prepared by the Parks,
Beaches, and Recreation Department.
The City has received a proposal from N. S. Fairbanks, Architect,
offering to prepare plans and specifications for the two restrooms for a fee of
$9,575. Mr. Fairbanks was the architect for the Balboa Pier restroom (currently
out to bid), and three restrooms recently completed at the Huntington State
Beach Park.
Recommendation to proceed is based on the opinion that the fee is
reasonable; that the restrooms built in Huntington Beach from plans produced by
this architect are attractive and functional; and that by moving ahead quickly,
the proposed restrooms could be completed and in service by June 15, 1986.
Be,jamin B. Nolan
Public Works Director
KLP:jd
Att.
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CITY Of NEWPORT BEACH
Parks, Beaches and Recreation Department
July 8, 1985
CITY COUNCIL AGENDA
ITEM NO.
TO: Mayor and City Council
FROM: Parks, Beaches and Recreation Director
SUBJECT: PUBLIC BEACH RESTROOMS
Recommendation:
Adopt the attached report on Public Beach Restrooms as a guideline.for
refurbishment, replacement and new construction of public beach restrooms.
Discussion:
• On November 13, 1984 the City Council directed the Parks, Beaches and Recreation
Department and Commission to develop a plan of restroom renovation, replacement
and new construction. This plan has been completed and appropriately reviewed
and revised by the Parks, Beaches and Recreation Commission, the Newport
Beautification Citizens Advisory Committee.and homeowner groups in beach areas.
All groups have determined that highest priority should be given to refurbishing
and/or replacing existing restrooms. To utilize our resources to improve main-
tenance capabilities on existing facilities should occur prior to acquiring
additional upkeep responsibilities.
Because of the many variables in a phased program, the report should be adopted
as a working guideline that allows flexibility in implementation. A fiscal
commitment by the Council to appropriate funds on an annual basis will enable
our system to be revitalized in a 3 to 5 year period.
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Ronald A- Whitley
CITY OF NEWPORT BEACH •
Parks, Beaches and Recreation Department
PUBLIC BEACH RESTROOMS REPORT
• Introduction
The City of Newport Beach is a community endowed with natural beach and water
resources that compare with the finest in the world. As evidenced by our develop-
ment as a desirable residential area and an.area that attracts thousands of
tourists and beach visitors on a daily basis, the development and maintaining of
public restroom facilities, although not exciting, is an important function and
responsibility of the local government.
This report is intended to inventory existing restroom facilities, evaluate their
condition, assess maintenance factors and make recommendations to solve problems
identified in this process. In addition, standards will be discussed with possible
new restroom locations identified to serve the public need. The findings and
conclusions of this report have been reviewed by the Parks, Beaches and Recreation
Commission and the Newport Beautiful Committee with appropriate public review and
notification to property owners and homeowner associations in the beach areas.
EXISTING RESTROOMS
. 1. Balboa Pier
An appropriation of $125,000 in the current city budget will provide a new
restroom facility. The design is similar to that of the new restrooms in
the Huntington Beach State area. The architect who designed the facility
was responsible for the Huntington restrooms. Due to the fact that an adequate
bid time and construction time could not be given to complete the project by
June, the job will be bid during the summer and construction in September.
This will assure a competitive bid with no summer traffic and materials security
to affect the construction process. This new restroom will provide an improved
situation in a heavy use area. Maintenance conditions will improve due to
improved design.
2. 15th Street Restroom, Ocean Front
Serious consideration should be given to replacing this restroom at an elevation
that will provide acceptable drainage and proper connections with sewer facilities.
Existing conditions require continual maintenance efforts to keep clean and dry.
As a top priority, proposed for replacement FY 85 -86.
3. Washington Street Restroom
• This restroom serves the Balboa business community and receives heavy use and
abuse. A number of night businesses contribute to extreme vandalism at this
location. Established as a high priority, it is proposed to renovate during
FY 85 -86.
19th Street and Bay Restroom
High priority for replacement due to age of building, plumbing, etc. Had
received funding for replacement in 1981 but local property owners objected to
a new, larger restroom. Recommended that discussion occur with Central Newport
Community Association to pursue approvals necessary to replace.
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5.
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Street Restroom. Balboa Island
Restroom is owned by the Balboa Ferry Company (Beek) but maintained by the
City as a public restroom. Heavy boater and island tourist use. Not
recommended for replacement.
Newport Pier
Condition of this restroom poor. Replacement of new restroom should be in-
corporated into the plans of the McFadden Specific Area Ad Hoc Committee.
7. West Newport Park
In addition to park users (tennis, handball, basketball), the restroom at 56th
Street serves beach patrons in West Newport. Heavy use for this area would
result in a recommendation to replace with a larger restroom at some time in
the future.
8. Corona del Mar State Beach
Well maintained restrooms that receive the highest use of any public restroom
Adequate funds should be made available to improve existing facility.
9. Buck Gully Restroom - Little Corona
Recommend removal and replacement of this small restroom.
POSSIBLE NEW RESTROOM LOCATIONS
1. West Newport Park - Orange Avenue
In conjunction with development of the P.E. Right of Way, it is proposed to
construct a new restroom similar in design to that at the Huntington Beach
State area at Orange Avenue.
2. West Newport - Santa Ana River
After the Santa Ana River Bridge is reconstructed, a new restroom at this
location is proposed. Heavy surfing and general beach use is found in this
area.
3. Balboa Peninsula - Wedoe Area
Heavy beach use by surfers, fishermen and sightseers indicates a need for a
restroom in this location. The Peninsula Point Association has indicated
opposition to this location for a public restroom.
4. 10th Street on the Bay Front
Small beach area used by mothers and their children could be improved with
a public restroom. Concern of local homeowners is a factor in this location.
RECOMMENDATIONS
1. Establish an on -going funding program of approximately $200,000 annually
to replace or build new restrooms as identified in this report.
• 2. As a project is identified, a complete public review with affected
residential and business property owners should be conducted.
ID