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HomeMy WebLinkAboutCC 4 CIVIC CTR EXPAN. 10-22-86~ a~i~ ~,~ i~m~. ~ ~ CONSENT CALENDAR NO. 4 Inter- Com DAT~: OCTOBER 22, 1986 ~ TO: FROM: SUBJECT: HONORABLE MAYOR & HEMBERS OF THE CITY COUNCIL BILLIJU~ A. HUSTON, CITY AARAGER ARCHITECTURAL SERVICES AGREEMENT - CIVIC CENTER EXPANSION PROJECT RECOMMENDATION That the City Council authorize the Mayor to execute an agreement with John Bates Associates, Inc. for preparation of working drawings for the Civic Center expansion project. BACKGROUND & DISCUSSION At the September 15, 1986 meeting, the City Council approved the space needs study and concept plan for this project and authorized staff to prepare an agreement with John Bates Associates for architectural services. The proposed fee is 8% of construction cost for the City Hall, Community Center and parking structure portion of the project and 8.5% for the police facility. These fees are within the standard for this type of project. A proposed plan for financing the project will be submitted to the City Council at its next meeting. William A. Huston City Manager WAH :ih Attachment: Architectural Services Agreement ~R~TTECTURAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into to be effective this day of , 1986, by and between the CITY OF TUSTIN, hereinafter referred to as "City", and JOHN BATES ASSOCIATES, INC., Architecture and Land Planning, hereinafter referred to as "Architect". WHEREAS, City desires architectural services in connection with improvements to the Tustin Civic Center, including a remodeling and addition to the City Hall and Community Center; site development to provide additional parking and redesigned landscaping; a remodeling and addition to the Tustin Police Station, including a parking garage (hereinafter the "Project"); and WHEREAS, Architect is qualified to provi& the necessary services in connection with the Project. NOW, THEREFORE, in consideration of the promises and mutual benefits which will result to the Parties in carrying out the terms of this Agreement, it is mutually agreed as follows: ~j~: ARCHITECT'S RARIC SERVICES ~ RESPONSIBILITIES The Architect's basic services consist of the five (5) phases described in Paragraphs 1 through 5 and include normal structural, mechanical and electrical engineering services. A. Schematic Design Phase 1. Architect shall review the program furnished by City to ascertain the requirements of the Project and shall review the understanding of such requirements with City. 2. Architect shall provide a preliminary evaluation of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Section 3 B (1). 3. Architect shall review with City alternative ap- proaches to design and construction of the Project. 4. Based on the mutually agreed upon program and budget requirements, Architect shall prepare, for approval by City, Schematic Design Documents consisting of drawings or other documents illustrating the scale and relationship of Project components. 5. Architect shall submit to City a Statement of Probable Construction Costs based on current area, volume or other unit costs. 1 B. Design Development Phase Based on the approved Schematic Design Documents and any other adjustments authorized by City in the program or Project budget, Architect shall prepare, for approval by City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and electrical sys- tems, materials, and any such other elements as may be appro- priate. Architect shall submit to City a further Statement of Probable Construction Costs. C. Construction Documents Phase 1. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the Project budget authorized by City, Archi- tect shall prepare, for approval by City, Construction Docu- ments consisting of drawings and specifications setting forth in detail the requirements for the construction of the Project. 2. Architect shall assist City in the preparation of necessary bidding information, bidding forms, conditions of the contract, and the form of agreement between the City and the contractor. 3. Architect shall advise City of any adjustments to previous Statements of Probable Construction Costs indicated by changes in requirements or general market conditions. 4. Architect shall assist City in connection with the City's responsibility for filing documents required for the approval by governmental authorities having any jurisdiction over the Project. D. Bidding or Negotiation Phase Architect, following City's approval of the Construction Documents and of the latest Statement of Probable Construction 'Costs, shall assist City in obtaining bids or negotiated pro- posals, and assist in awarding and preparing contracts for con- struction. E® Construction Phase - Administration of the Construction Contract 1. The construction phase will commence with the award of the Contract for construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the contractor is due, or in the absence of a final Certificate for Payment, or of such due date, sixty (60) days after the Date of Substantial Completion of the Work, whichever occurs first. 2. Architect shall provide administration of the Contract for Construction as set forth below. 3. Architect shall be a representative of City during the Construction Phase, and shall advise and consult with City. Instructions to the contractor shall be forwarded through Architect. Architect shall have authority to act on behalf of City only to the extent provided in the Contract Documents unless otherwise modified by written instrument. 4. Architect shall visit the site at intervals appro- priate to the stage of construction or as otherwise agreed by Architect in writing to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. However, Architect shall not be re- quired to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. On the basis of such on-site observations, Architect shall keep City informed of the progress and quality of the work, and shall, with the exercise of due diligence, endeavor to guard City against defects and deficiencies in the work of the contrac, tot. 5. Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precau- tions and programs in connection with the work, for the acts or omissions of the contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the Contract Documents. 6. Architect shall at all times have access to the work wherever it is in preparatibn or progress. 7. Architect shall determine the amounts owing to the contractor based on observations at the site and on evalua- tions of the contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 8. The issuance of a Certificate for Payment shall constitute a representation by Architect to City, based on Architect's observations at the site and on the data com- prising the contractor's Application for Payment, that the work has progressed to the point indicated; that, to the best of Architect's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work for confor- mance with the Contract Documents upon Substantial Comple- tion, to the results of any subsequent tests required by or 3 performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certi- ficate for Payment shall not be a representation that Archi- tect has made any examination to ascertain how and for what purpose the contractor has used the monies paid on account of the Contract Sum. 9. Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 10. Architect shall have authority to reject work which does not conform to the Contract Documents. Whenever, in Architect's reasonable opinion, it is necessary or ad- visable for the implementation of the intent of the Contract Documents, Architect will have authority to require special inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work be then fabricated, installed or completed. 11. Architect shall review and approve or take other appropriate action upon the contractor's submittals such as Shop Drawings, Product Data and Samples, but only for con- formance with the design concept of the work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. Architect's approval of a specific time shall not indicate approval of an assembly of which the item is a component. 12. Architect shall prepare Change Orders for City's approval and execution in accordance with the Contract Docu- ments, and shall have authority to order minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 13. The extent of the duties, responsibilities and limitations of authority of Architect as City's representa- tive during construction shall not be modified or extended without written consent of City and Architect. F. Project Representation Beyond Basic Services 1. If City and Architect agree that more extensive representation at the site than is described in Paragraph E shall be provided, Architect shall provide one or more Project Representatives to assist Architect in carrying out such responsibilities at the site. 2. Such Project Representatives shall be selected, employed and directed by Architect, and Architect shall be compensated therefor as mutually agreed between City and Architect as set forth in an exhibit appended to this Agree- ment, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 3. Through the observations by such Project Represen- tatives, Architect shall endeavor to provide further protec- tion for City against defects and deficiencies in the work, but the furnishing of such Project representation shall not modify the rights, responsibilities or obligations of Archi- tect as described in Paragraph E. G. Additional Services The following services are not included in Basic Services and shall only be provided if authorized or confirmed in writing by City, and shall be paid for by City as provided in the Agree- ment, in addition to the compensation for Basic Services. 1. Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the com- pletion of the Construction Documents Phase, when requested by City. 2. Providing coordination of work performed by sepa, rate contractors or by City's own forces. 3. Providing services in connection with the work of a construction manager or separate consultants retained by City. 4. Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 5. 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 Ar chi tect. 6. 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 City or contractor under the Contract for Construc- tion. 7. Preparing 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 contractor to Architect. 8. Providing services after issuance to City of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty (60) days after the Date of Substantial Completion of the work. 9. Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. 10. Providing any other Services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. H. Time Architect shall perform Basic and any Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the work. Architect shall submit for City's approval, a schedule for the performance of Architect's services which shall be as adjusted or as required as the Project proceeds, and shall include allowances for periods of time re- quired for City's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by City, shall not, except for reasonable cause, be exceeded by Architect. ~j~: CIT~' S RESPONSIBILITIES A. City shall provide full information regarding require- ments for the Project including a program, which shall set forth City's design objectives, constraints and criteria, including space requirements and relationships, flexibility, special equip- ment and systems and site requirements. B. If City provides a budget for the Project, it shall include contingencies for bidding, changes in the work during construction, and other costs which are the responsibility of City. City shall, at the request of Architect, provide a state- ment of funds available for the Project, and their source. C. City shall designate, when necessary, a representative authorized to act in City's behalf with respect to the Project. City or such authorized representative shall examine the docu- ments submitted by Architect and shall render decisions per- taining thereto promptly, to avoid unreasonable delay in the progress of Architect's services. D. City shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of- way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. E. City shall furnish the services of soil engineers or other consultants when such services are deemed necessary by Architect. Such services shall include test borings, test pits, soil bearing values, percolation test, 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. F. City shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. G. City shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as City may require to verify the contractor's Applications for Payment or to ascertain how or for what purposes the contractor uses the monies paid by or on behalf of City. H. The services, information, surveys and reports required by Paragraphs D through G, inclusive, shall be furnished at City's expense, and Architect shall be entitled to rely upon the accuracy and completeness thereof. I. If City observes or otherwise becomes aware of any fault or defect in the Project or noncomformance with the Con- tract Documents, prompt written notice thereof' shall be given by City to Architect. J. City shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of Architect's services and of the work. CONSTRUCTION COST 1. The Construction Cost shall be the total cost or estimated cost to City of all elements of the Project designed or specified by Architect. 2. The Construction Cost shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by City and any equipment which has been designed, specified, selected or specially provided for by Architect. 3. Construction Cost does not include the compensa- tion of Architect and Architect's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of City as provided in Section 2. B. Responsibility for Construction Cost 1. Evaluations of City's Project budget, Statements of Probable ConstruCtion Cost and Detailed Estimates of Construction Cost, if any, prepared by Architect, represent Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect nor City has control over the cost of labor, materials or equipment, over the contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect cannot and does not warrant or represent that bids or nego- tiated prices will not vary from the Project budget pro- posed, established or approved by City, if any, or from any Statement of Probable Construction Cost or other cost esti- mate or evaluation prepared by Architect. 2. No fixed limit of Construction Cost shall be established as condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the Parties h'ereto. If such a fixed limit has been established, Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alter- nate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Construction Contract. 3. If the Bidding or Negotiation Phase has not com- menced within three (3) months after Architect submits the Construction Documents to City, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Construction Documents to City and the date on which proposals are sought. 4. If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 2) is exceeded by the lowest bona fide bid or negotiated proposal, City shall (i) give written approval of an increase in such fixed limit, (ii) authorize rebidding or renegotiating of the Project within a reasonable time; (iii) if the Project is abandoned, terminate in accordance with Section 10, or (iv) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (iv), provided a fixed limit of Construction Cost has been established as a condition of this Agreement, Architect, without additional charge, shall modify the Drawings and Specifications as necessary to comply with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construc- tion Phase is commenced. DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of all Architect's personnel engaged on the Project, and the portion of the cost 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. .~: HEIMBURSABLE EXPENSES ~ Reimbursable Expenses are in addition to the Compensa- tion for Basic and Additional Services and include actual expen- ditures made by Architect and Architect's employees and consul- tants in the interest of the Project for the expenses listed in the following Subparagraphs. 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. 2. Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of Architect and Archi- tect's consultants. 3. Expense of data processing and photographic pro- duction techniques when used in connection with Additional Serv ice s. 4. If authorized in advance by City, expense of overtime work requiring higher than regular rates. 5. Expense of renderings, models and mock-ups requested by City. ~: PAIq~ENTS TO THE ARCHITECT A. Payments for Basic Services, any Additional Services, and Reimbursable Expenses shall be made monthly and shall be in proportion to services performed within each Phase of Services, on the basis set forth in Section 7. B. If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of 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 Section 7 B (1) for Additional Services. C. When compensation is based on a percentage of Construc- tion Cost, and any portions of the Project are deleted or other- wise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth below, based on (i) the lowest bona fide bid or negotiated proposal or, (ii) if no such bid or proposal is received, the .most recent Statement of Probable Construction Cost or Detailed Estimate of Construction Cost for such portions of the Project: Schematic Design Phase: 15% {~ Design Development Phase: ~/~ ~O~ Construction Documents Phase: 40% Bidding or Negotiation Phase: ~ ~ Construction Phase: ~O~ D. If the Project is suspended or abandoned in whole or in part for more than three (3) months, Architect shall be compen- sated for all services performed prior to receipt of written notice from City of such suspension or abandonment, together with Reimbursable Expenses then due. Basic Compensation 1. For Basic Services, as described in Section 1, Basic Compensation shall be computed as follows: The fee for all portions of the Project ex- cept the Police Facility to be computed at eight percent (8%) of the Construction Cost. The fee for the Police Facility to be computed at eight and one-half percent (8.5%) of the Construction Cost. B. Compensation for Additional Services 1. For Additional Services of Architect, as described in Section 1, Paragraph H, but excluding additional services of consultants, Compensation shall be computed as follows: Principal John T. Bates, AIA $110.00 Associate Larry Kwiatkowski, AIA 70.00 Designer 65.00 Draftsmen 50.00 Clerical 35.00 10 C. Payments due Architect and unpaid under this Agreement shall bear interest from the ~e payment is due at the rate of one percent (l%)F~ r~o~r~. /~) D. If the scope of the l~roject or of Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. SE~ION~: ~RCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be avail- able to City or City's authorized representative at mutually convenient times. OWNERSHIP AND USE OF DOCUMENTS A. .Drawings and Specifications as instruments of service are and shall remain the property of Architect whether the Pro- ject for which they are made is executed or not. City shall be permitted to retain copies, including reproducible copies, of Drawings, and Specifications for information and reference in connection with City's use and occupancy of the Project. The Drawings and Specifications shall not be used by City on other projects, for additions to this Project, or for completion of this Project by others provided Architect is not in default under this Agreement, except by agreement in writing and with appro- priate compensation to Architect. B. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of Archi- tect's rights. ~F~J~]_i~: TERMINATION OF AGREEMENT A. This Agreement may be terminated by either Party upon ten (10) days' written notice should the other Party fail sub- stantially to perform in accordance with its terms through no fault of the party initiating the termination. B. This Agreement may be terminated by City upon at least ten (10) days' written notice to Architect in the event that the Project is permanently abandoned. C. In the event of termination not the fault of Architect, Architect shall be compensated for all services performed to termination date, together with Reimbursable Expenses then due. ~F~J~]-i~: SUCCESSORS AND ASSIGNS City and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the 11 other Party to this Agreement and to the partners, successors, assigns and legal representatives of such other Party with respect to all covenants of this Agreement. Neither City nor Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agree- ment between City and Architect and supersedes all prior negotia- tions, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Architect. INDEPENDENT CONTRACTOR The legal relationship between the Parties hereto is that of an independent contractor and nothing herein shall be deemed to make Architect and/or any of its agents, servants or employees, an employee or agent of City. Architect certifies by the execution of this Agreement that it pays employees not less than the minimum wage, as defined by law, and it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding nondiscrimination in employment; and it agrees to demonstrate positively and aggressively the principles of equal opportunity in employment. ~: ~I'TORNE~S ' FEES If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be enti tl ed. Both City and Architect do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute contracts for that Party. REGISTERED ARCHITECT Personnel of Architect is comprised of registered architects and a staff of specialists and draftsmen in each department. The firm itself is not a registered architect, but represents and agrees that wherever the performance of this Agreement requires the services of a registered architect, such services hereunder 12 will be performed under the direct supervision of registered ar chitect s. This Agreement entered into as of the day and year first written above. CITY THE CITY OF TUSTIN ATTEST: Mayor City Clerk APPROVED AS TO FORM: JAMES G. ROURKE City Attorney". · JOHN BATES ASSOCIATES, INC. By /O, By A~E~: JGR:SDA :¢j :R: 10/03/86 (C5) 13 Project Representatives and Their Duties, Responsibilities and Limitations of Authority