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HomeMy WebLinkAboutReso 1987-13166 Revised 7/20/87 RESOLUTION NO. 13166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BAKER HANSEN OSTROW FOR ARCHITECTURAL SERVICES FOR THE PREPARATION OF CONSTRUCTION DRAWINGS AND BID SPECIFICATIONS FOR THE ADDITION AND REMODEL OF FIRE STATION 1 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and BAKER HANSEN OSTROW, for architectural services for the preparation of construc- tion drawings and bid specifications for the addition and remodel of Fire Station 1 dated the 21st day of July , 1987, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Prelented by ~ Approved as to form by 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CnOLA VISTA, CALIFORNIA, this 21st day of July 19 87, by the following vote, to-wit: AYES: Councilmembers McCandliss, Moore, Nader, Malcolm NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers cox /z~dof fh~ ~ y Chula Vista ATTEST ~"' _ City Clerk 5. ,E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION N0. 13166 ,and that the some has not been amended or repealed DATED ~ City Clerk CiTY OF CHULA VISTA CC-660 Revised 5/20/87 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BAKER HANSEN OSTROW FOR ARCHITECTURAL SERVICES FOR THE PREPARATIONOF CONSTRUCTION DRAWINGS AND BID SPECIFICATIONS FOR THE ADDITION AND REMODEL OF FIRE STATION 1 THIS AGREEMENT, made and entered into this 21st day of Jul~ , 1987, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and BAKER HANSEN OSTROW, hereinafter referred to as "Architect"; WITNESSETH : WHEREAS, the City developed a concept plan for the proposed remodel of Fire Station 1, and WHEREAS, the City is desirous of using an architect to prepare construction drawings and bid specifications. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. PROJECT SCOPE. The project will involve the preparation of construction drawings and the provision of assistance to the Project Manager to prepare bid specifications based on the features included in the concept plan, which will include the following: Provide architectural, structural, electrical and mechanical drawings and calculations for the proposed interior remodel and addition of approximately 2,800 square feet, to the existing fire station located at 447 "F" Street in the City of Chula Vista. Mechanical and electrical calculations shall verify that the existing services and equipment capacity is adequate. Individual circuiting of equipment to the electrical panel shall be field verified by the contractor during time of construction. Code compliance specifications shall be provided as part of the working drawings. Existing electrical service at Fire Station 1 shall be upgraded, redesigned and calculated to 120/240, 3 Phase Service, 400 AMP; consolidate and centrally locating all distribution panels and load centers into One common area. Special provisions shall provide for the relocation of the emergency generator and upgrade of the emergency transfer switch; and proper reconnection into the upgraded electrical service. 2. TERM. The term of this agreement shall be for the period from i~/~j ~?~ / ~F~ to completion of construct ion of the projec~'/dni~sI ~erminated or extended. 3. SERVICES. Architect agrees to perform the following services, in accordance with the City of Chula Vista standards/requirements: A. Review project scope, budget, plans and drawings with the City staff and others, as directed. B. Analyze the physical conditions and current layout of the site. C. Prepare construction drawings and calculations~ be submitted to the City prior to which will include the following: ' 1. Architectural. 2. Demolition plans. 3. Structural. 4. Mechanical. 5. Site. 6. Emergency generator relocation. 7. Electrical plans. 8. Plumbing. D. Architect shall assist the Project Manager in the preparation of bid specifications and cost estimates for items listed in Section 1 of the agreement. E. Assist City staff in administering the construction project by making visits to the construction site, when requested by the City, and for the purpose of ensuring conformance to the intent of the plans and specifications. The Architect shall be a representative of the City during the Construction Phase. The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the 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, the Architect shall not be required 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 as an Architect, the Architect shall keep the City iinformed of the progress and quality of the work, in writing, and ~!shall endeavor to guard the City against defects and deficiencies in the work of the contractor. Architect shall assist the City in clarifying the calculations and drawings, and to assist the contractor in major design/construction problems which may arise. The following are minimal "scheduled" visits by the Architect included in the basic compensation: Visit 1 - Pre-construction meeting. Visit 2 - Prior to the Framing Phase (to discuss general layout and "tie-in" to the existing structure). visit 3 During the final phase of framing before inspection by the. Building & Housing Department. Visit 4 During the Rough Electrical/Mechanical Phase and before inspection by Building & Housing Department. Visit 5 After all mechanical equipment is in place/building is nearing completion, but before Building & Housing Department final inspection The extent of the duties, responsibilities and limitations of authority of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City, the Contractor and the Architect. F. The Architect shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all reports and other services furnished by the Architect under this agreement, except that the Architect shall not be responsible for the accuracy of information supplied by the City. Any corrections required due to the City's inaccurate data or information shall be City's responsibility, upon notice of the deficiency by the Architect. G. Participate in conferences with City staff for the development of all drawings and plans. H. Construction as-built drawings to project field changes shall be considered extra work as per Section 6. 4. FEES. For the services listed herein, the City agrees to pay Architect an amount not to exceed ~10,650.00. -3- Payment to the Architect shall be made proportionate to the work satisfactorily completed by the Architect as follows: Design Phase ~1,065.00 10 percent Document Phase 6,922.50 65 percent Bid/Negotiation Phase 532.50 5 percent Construction Phase 2,130.00 20 percent An initial payment of One Thousand and Sixty-Five Dollars ($1,065.00) shall be made upon execution of this agreement and credited to the City's account for the Design Phase. Construction documents phase shall be due upon the plans being ready for submittal to the Building & Housing Department. The bid negotiation phase is due when plans are approved by the structural plan checker and the bidding process can proceed. The construction phase is to be paid as the job progresses. Half of this phase is due upon framing inspection acceptance by the Building Inspection Department; and the final payment is due upon final acceptance by the Building Department and the Project Manager. 5. PHASES. Design phase shall include design development and job site measurements. Construction documents phase shall include all architectural and structural drawings and calculations; Title 24 energy calculations; mechanical and electrical drawings and calculations for the new addition; plumbing layout for the new addition; 8 sets of blueprints; and general construction specifications on the plans. Electrical drawings and calculations to upgrade existing service from High Leg Delta 3 Phase to 120/240 wye 3 Phase, additionally upgrade the present 200 AMP service to 400 AMP service for the Fire Station. Bidding and negotiation phase shall include, processsing and all plan revisions required by the Building Department to secure approvals necessary to obtain building permit. 6. ADDITIONAL WORK. Additional work, beyond the scope as outlined in this agreement, will be negotiated at the time such work is requested by the City. Architect shall submit a written fee estimate for the additional work for review and approval by the City prior to such work being performed. Additional services, such as additional public presentations, will be billed on an hourly basis. 7. CITY'S RESPONSIBILITIES. The City shall have the following responsibilities: The City shall provide at no cost to the Architect the following documents, information and services, if available: Available soils reports. Maps and plans for lines of streets, pavements and adjoining properties, right of way, restrictions, easements, and other improvements, if any. Guidance in preparing the plans and drawings in accordance with City policies and procedures. Assistance in obtaining data from public or private agencies, as necessary. City shall be responsible for assuring that the Architect has access to the project site for all services covered by this agreement. City shall furnish a project manager from its staff to assist with this project; the Project Manager is Gregg Hanson. 8. OWNERSHIP AND USE OF DOCUMENTS. Drawings and specifications for project described herein are and shall remain the property of the City whether the project is executed or not. Architect shall be permitted to retain copies, including reproducible copies, of drawings and specifications. 9. REPRESENTATIVES OF PARTIES TO AGREEMENT. The following are designated as representatives of parties to this agreement: A. City designates /~/~f~ J2F as its representative in ~ll/matters under this contract (except execution thereof) and all notices given to the City shall be so addressed. B. Architect designates ~--[A~4 ~+A~ as its representative under this contract and all notices sent to Architect shall be addressed to the above designated representative at 10. TERMINATION. A. This agreement may be terminated, in whole or in part, in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the terminating party, provided that no such termination may be effected unless the other party is given (1) no less than thirty (30) days written notice (delivered by certified mail, return receipt requested) of the intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. B. If termination under A is effected by the City, the Architect shall be entitled to payment of the reasonable value of services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Architect relating to commitments which had become firm prior to the termination. C. If termination under A is effected by the Architect, the Architect shall be entitled to payment of the reasonable value of services rendered and expenses incurred prior to the termination, less any additional costs or expenses incurred by any damages suffered by the City by reason of such termination. Do Upon receipt of a termination notice pursuant to A above, the Architect shall: (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been intended to be used in report preparation by the Architect in performing this agreement, whether completed or in process. E. Upon termination pursuant to A above, the City may take over the work and contract with another party to complete the work. F. The rights and remedies of the City and the Architect provided in this clause are in addition to any other rights and remedies provided by law or under this agreement. 11. ASSIGNMENT. Neither this agreement nor any duties or obligations hereunder shall be assignable by the Architect without prior written consent of the City. In the event of an assignment by the Architect to which the CIty has consented, the Revised 7/17/87 assignee or its legal representative shall agree in writing with the City to personally assume, perform and be found by the covenants, obligations, and agreement contained herein. 12. SUCCESSORS AND ASSIGNS. Subject to the provision regarding assignment, this agreement shall be binding on the successors and assigns of the respective parties. 13. ATTORNEY'S FEES. If any action at law or inequity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. 14. MODIFICATION OF AGREEMENT. This agreement may be amended by reason of changes in the scope of the project as described herein and the amount of any adjustment shall be determined by negotiations to the mutual satisfaction of the City and the Architect prior to the amendment. 15. INSURANCE. Architect shall, throughout the duration of this Agreement, maintain comprehensive general liabiity and property damage insurance covering all operations hereunder of Architect, its agents and employees including but not limited to premises and automobile, with minimum coverage of Two Hundred and Fifty Thousand Dollars (~250,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured, shall be submitted to the City Clerk at · 276 Fourth Avenue, Chula Vista, California 92010. Said policy or policies shall provide thirty (30) days written notice to the City Clerk of the City of Chula Vista of cancellation or material change. Architect shall carry Worker's Compensation insurance in statutory amount and Employer's Liability coverage in the amount of $100,000; evidence of which is to be furnished to City in the form of Certificate of Insurance. Architect shall carry Professional Liability Insurance (Errors and Omissions) in the amount of ~250,000 thoughout the duration of this contract. 16. INDEMNITY. The City, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of any of them, whether caused by or resulting from any acts or omission of the Architect or its agentst employees or representatives pertaining to the specific work included in the professional services described in this agreement. The Architect further agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and any cost and ~!~xpenses incurred by the City on account of any claim therefor. -7- In the event that a court of competent jurisdiction should determine that the City has no authority to provide by agreement ~for the performance of the hereinabove set forth professional ~services, the Architect nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the Architect agrees to indemnify and to save the City harmless from all claims arising by reason of the work done by the Architect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ARCHITECT: 2778a -8-