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HomeMy WebLinkAboutCC RESO 14,952RESOLUTION NO. 14,952 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND WILLIAMSON AND WATTS ARCHITECTS FOR AE SERVICES IN CONNECTION WITH FIRE STATION RENOVATION PROJECT BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized to execute an Agreement between the City of National City and Williamson and Watts, Architects, for the renovation of the fire station project. PASSED and ADOPTED this 20th day of May, 86. Kile Mbrgan,yor' ATTEST: Io-e Campbell, Cit APPROVED AS TO FORM: Xt George H. Eiser, III - City Attorney AGREEMENT BETWEEN OWNER AND ARCHITECT This agreement was made as of the May 20, 1986 day of in the year of Nineteen Hundred and Eighty-six between the Owner: The City of National City, California 1243 National City Boulevard National City, CA 92050 and the Architect: Williamson & Watts, Architects 2829 Cafion Street San Diego, CA 92106 for the following Project: Architectural Design Development in Connection with the Renovation of National City Headquarters Fire Station, as outlined in the Request for Proposal written by R. Kimble, Fire Chief, City of National City, distributed on March 11, 1986. This work includes the following: 1. Preliminary Design Phase. Prepare preliminary plans and cost estimates which will include the following: a Replacement of HVAC system as needed. b. Installation of system to remove diesel exhaust fumes from garage area. c. Second floor addition of approximately 1,000 suare feet of office space. d. Replacement of various fixtures as needed throughout entire building. 2. Construction Document Phase. In accordance with the approved preliminary plans, prepare complete reproducible working draw- ings, construction specifications and final estimate of construc- tion cost as required to invite competitive bids for subsequent construction. 3. Bidding Phase. Work with the City in analyzing the bids received by the City and make recommendations to the City in regard to the award or rejection of a contract for construction. The Owner and the Architect agree as set forth below. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT 1 ARTICLE 1 ARCHITECTS SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the three phases described in Paragraphs 1.1 through 1.3 and include normal structural, mechanical and electrical engineering services. 1.1 PRELIMINARY DESIGN PHASE 1.1 1 The Architect shall consult with the Owner to ascertain the requirements of the Project and shall review the understand- ing of such requirements with the Owner. 1.1.2 The Architect shall prepare, for approval by the Owner, Preliminary Drawings illustrating the scale and relationship of Project components. 1.1.3 The Architect shall submit to the Owner a Statement of Probable Cost based on current area or other unit costs. 1.2 CONSTRUCTION DOCUMENT PHASE 1.2.1 Based on the approved Preliminary Drawings and any further adjustments in the scope or quality of the Project or in the Pro- ject Budget authorized by the Owner, the Architect shall prepare, for approval by by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 1.2.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and the Contractor. 1.2.3 The Architect shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.2.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 1.3 BIDDING OR NEGOTIATION PHASE 1.3.1 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing con- tracts for construction. 1.4 Not used. 2 1.5 Not used. 1.6 ADDITIONAL SERVICES The following Services are not included in Basic Services. They shall be provided if authorized or confirmed in writing by the Owner and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. 1.6.1 Providing analyses of the Owner's needs, and programming the requirements of the Project. 1.6.2 Providing financial feasibility or other special studies. 1.6.3 Providing planning surveys, site evaluations, environmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.6.4 Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase. 1.6.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. The Owner will furnish the Architect with complete plans and specifications for the existing facility. It is not anticipated that the work as oulined at the beginning of this Agreement will call for any Additional Services under this section. 1.6.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Con- struction Documents Phase, when requested by the Owner. 1.6.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.6.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.6.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quantity surveys or inventories of material, equipment and labor. 1.6.10 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. The Architect, as a part of the services outlined in Article 1 of this Agreement, will select finish materials and colors for those new interior spaces which are a part of this Project, 3 1.6.11 Providing services for planning tenant or rental spaces. 1.6.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Architect. 1.6.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation result- ing from the adjusted Construction Cost is not commensurate with the services required of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.6.14 Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities, and services required in connection with construction performed by the Owner. It is not anticipated that the work as oulined at the beginning of this Agreement will call for any Additional Services under this section. 1.6.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnish- ing services as may be required in connection with the replace- ment of such Work. 1.6.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.6.17 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing,. adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.6.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.6.19 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.6.20 Providing services of consultants for other than the normal architectural, structural, mechanical and electrical engineering services for the Project. 1.6.21 Providing services of consultants for other than the normal architectural, structural, mechanical and electrical engineering services for the Project. 1.6.22 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.7 TIME 1.7.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which will concur in terms of time requirements with the schedule included in the Request for Proposal, written by R. Kimble, Fire Chief, City of National City, distributed on March 11, 1986. This schedule shall be adjusted as required as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNERS RESPONSIBILITIES 2.1 The Owner shall provide full information regarding require- ments for the Project including the Owner's design objectives, constraints and criteria. 2.2 The Owner shall designate, when necessary, a representative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall exam- ine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.3 The Owner shall furnish the services of soil engineers or other consultants when such services are deemed necessary by the architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including neces- sary operations for determining subsoil, air and water condi- tions, with reports and appropriate professional recommendations. 2.4 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. It is not anticipated that the work as oulined at the beginning of this Agreement will call for any special tests, inspections or reports under this section. 2.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the 5 Project, including such auditing services as the Owner may re- quire to verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor uses the moneys paid by or on behalf of the Owner. 2.6 The services, information and reports required by Paragraphs 2.4 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.7 If the Owner observes or otherwise becomes aware of any fault or defect in the Projector nonconformance with the Con- tract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessarey for the orderly progress of the Architect's services and of the Work. ARTICLE 3 NOT USED ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the poportion of the costs of their mandatory and customary contribu- tions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holi- days, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable expenses are in addition to the Compensation for Basic Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long- distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 5.1.3 Expense of data processing and photographic production techniques when used in connection with Addional Services. 5.1.4 If authorized in advance by the Owner, expense` of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups requested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requestedc by the Owner in excess of that normally carried by the Architect and the Architects consultants. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made upon the approval of the Owner of each Phase of services (as defined in Paragraphs 1.1 through 1.3), on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensation for any Basic Services required for such extended period of Administra- tion of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Additional Services. 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 No deductions shall be made from the Architects compensa- tion on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compen- sated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Architects compensation shall be equitably adjusted. ARTICLE 7 ARCHITECTS ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of Mul- tiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 The originals of the drawings and specifications shall be the property of the Owner. All other documents produced by the Architect and his consultants in the preparation of these origi- nals shall remain the property of the Architect. ARTICLE 9 NOT USED ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days" written notice to the Architect in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed to termination date, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.'4. 10.4 Termination Expenses include expenses directly attributable to termination for which the Architect is not otherwise compen- sated, plus an amount computed as a percentage of the total Basic Compensation and Additional Compensation earned to the time of termination, as follows: .1 15 percent if termination occurs during the Preliminary Phase; or .2 5 percent it termination occurs during any subsequent phase. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be gov- erned by the law of the principal place of business of the Archi- tect. 11.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this agreement, any appli- cable statute of limitations shall commence to run and any al- leged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Com- pletion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, secces- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agree- ment between -the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of One Thousand Dollars, exactly ($1,000.00), shall be made upon execution of this Agreement and credited to the Owner's account as follows: the first payment on the Owner's account. 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraph 1.1 through 1.3, Basic Compensation shall be computed as follows: a Fixed Fee of Nine Thousand Five Hundred Dollars ($9,500.00). 14.2.2 Where compensation is based on a Stipulated Sum or Per- centage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compen- sation for each Phase shall equal the following percentages of the total Basic Compensation payable: Preliminary -Phase: Construction Documents Phase; Bidding or Negotiation Phase: Thirty-two percent (32%) Sixty-three percent (63%) Five percent (5%) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.5, Compensation shall be computed separately in accordance with Subparagraph 1.5.2. 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.6, Compensation shall be computed as follows: Principals: Associate: Project Manager: Draftsmen: Clerical: Fifty-five Dollars per Hour ($55.00/hr.) Forty-five Dollars per Hour ($45.00/hr.) Thirty-five Dollars per Hour ($35.00/hr.) Twenty-five Dollars per Hour ($25.00/hr.) Eighteen Dollars per Hour ($18.00/hr.) 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including addi- tional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.6.21 a multiple of one and one tenth (1.10) times the amounts billed to the Architect for such services. 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, a multiple of one and one tenth (1.10) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project or Additional Services authorized by the Owner. 14.6 Payments due the Architect and unpaid under.this Agreement shall bear interest from the date payment is due at the annual rate of twelve percent (12%) computed monthly. Payments shall be due by the tenth day of the month folowing receipt of the Architects Statement for Services. 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architects Services is changed materially, the amounts of compensation shall be equitably adjusted. 10 • A 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (12) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 15 OTHER PROVISIONS 15.1 Notwithstanding any other provision of this Agreement to the contrary, Phase 4 and Phase 5 of the Architect's services, described hereinafter, will be provided as an option to the City under a separate agreement for an additional fee of Two Thousand Five Hundred Dollars ($2,500.00). If, during the performance of the services provided under Phase 1 through Phase 3 of this Agree- ment, the scope of work is substantially changed from that out- lined under Paragraph 1 of the Introduction to this Agreement, this additional fee shall be negotiated to the satisfaction of the Owner and the Architect. 15.2 Phase 4: Construction Phase. Visit the site periodically to observe construction and to provide administration of the construction contract. Provide interpretation of all drawings and specifications, review shop drawings, submittals and/or spec- ifications requirred by substitution of materials and equipment as required by the City. 15.3 Phase 5: Post Construction Phase. Provide the City within thirty days following the completion of construction a complete set of as -built drawings based upon the contractor's record drawings. This Agreement entered into as of the day and year first written above. OWNER City of National City 1243 National City Blvd National City, CA 92050. "TOM McCABE City Manager ARCHITECT Williamson & Watts, Architects 2829 Canon Street. San Diego, CA 92106 BY oma _ Williamson Principal 1. 1