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HomeMy WebLinkAboutReso 1987-12919 Revised 2/27/87 RESOLUTION NO. 12919 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SHORN + KAMINSKI ARCHITECTS TO DEVELOP PLANS FOR NEW PUBLIC SAFETY COMMUNICATIONS CENTER AND OFFICE REMODELING IN THE POLICE BUILDING 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 SHORN + KAMINSKI ARCHITECTS to develop plans for new public safety communications center and office remodeling in the Police building dated the 3rd day of March , 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. Presented by Approved as to form by J. wkht%rs, Di tor of Thomas J. Harron, City Will~am Publzc Safety[Ti Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of. March 19 87 , by the following vote, to-wit: AYES: Councilmen: Moore, Nader, Malcolm, McCandliss NAYES: Councilmen: None ABSTAIN: C.,o~ilmen: None ABSENT: Councilmen: c o x MAYOR PRO TEMPORE STATE 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 that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12919 ,and that the same has not been amendedor repealed. DATED  City Clerk CITY OF CHULA vISrA CC-6GO MpT ARCHITECT'S AGREEMENT This agreement, effective March 3, 1987 by and between the CITY OF CHULA VISTA, Chula Vista, California, hereinafter called OWNER, and SHORN + KAMINSKI ARCHITECTS, 7723 Fay Avenue, Suite 5, La Jolla, Ca. 92037, hereinafter called ARCHITECT. W I T N E S S E T H : WHEREAS, OWNER is desirous of employing an architect licensed in the State of California in order to benefit from his professional knowledge and skill in the completion of the project described below, and WHEREAS, ARCHITECT is licensed in the State of California and is otherwise qualified to render professional architectural services to OWNER in the completion of the project described below. NOW, THEREFORE, OWNER AND ARCHITECT do hereby mutually covenant and agree as follows: 1. DUTIES OF ARCHITECT A. ARCHITECT shall perform the necessary and appropriate professional services in connection with the construction of a new communications center and specific remodeling on the main floor of the Chula Vista Police Department located at 276 Fourth Avenue, Chula Vista, California. The specific areas to be included in this project are detailed in Appendix B. In performing such professional services in connection with this project, the ARCHITECT shall be bound by the General Conditions (Appendix A) of this contract and which are incorporated herein and made a part hereof. B. Upon notice to proceed from OWNER, ARCHITECT shall prepare and complete Schematic Documents within 45 working days consisting of plans, elevations, appropriate sections and cost estimates indicating the general features of the project and the relationship of the various portions thereof. C. Upon acceptance and approval of the Schematic Documents by OWNER, ARCHITECT shall prepare Design Development Documents consisting of site, structural, architectural, electrical and machanical plans, outline specifications, and construction cost estimates. Design Development shall be completed within 60 working days of receipt of notice to proceed. D. Upon acceptance and approval of the Design Development by OWNER, the ARCHITECT shall prepare Construction Documents consisting of structural, architectural, mechanical, and electrical working drawings and specifications necessary or convenient for the proper construction of the Project. Construction documents shall be completed by ARCHITECT for review by appropriate Governmental authorities within 60 working days after receiving notice to proceed. E. The ARCHITECT shall consult with OWNER and assist in the preparation and taking of bids. F. Construction administration will consist of mechanical and electrical review and approval. G. If ARCHITECT is unable to complete any of the above work for the Project by the specified time periods, and the delay is deemed by the City Manager of OWNER not due to the fault or negligence of ARCHITECT, a reasonable extension of time shall be added by the City Manager upon written request of ARCHITECT. Any delay due to fault or negligence of ARCHITECT may be the basis for termination of this contract. II. CONSIDERATION A. In consideration of professional services of ARCHITECT for the Project, OWNER shall pay, and ARCHITECT SHALL ACCEPT AS FULL PAYMENT THEREFOR, A Fee plus such other payments and reimbursements as specified in the General Conditions to this Agreement. B. The compensation for this project shall not exceed $49,600. C. Complete architectural services, including electrical and mechanical design for the Project shall be performed on an hourly basis. Hourly rates are to be as follows: Principal's time at the fixed rate of seventy dollars ($70.00) per hour. For the purposes of this Agreement, the Principals are: Jeffrey Shorn, AIA Charles Kaminski Project Architect Fifty dollars (~50.00) per hour Technician/Drafts Person/ Thirty-six dollars (~36.00) Designer: per hour Support Staff: Twenty-four dollars ($24.00) per hour --2-- D. Any "Extra Services" by the ARCHITECT, as defined in the General Conditions, shall be authorized in writing in advance of performance of said services, and the ARCHITECT shall be compensated for such extra professional services at the hourly rate listed in Paragraph C. E. Any "Reimbursable Expenses" incurred by the ARCHITECT, as are defined in the General Conditions, may be authorized by the City Manager or his designee, provided the reimbursable expenses do not exceed ~1,500. Any amount in excess of $1,500 shall require City Council approval. III. PAYMENT A. Payment of ARCHITECT'S Fee shall be made monthly in direct proportion to the progress of the work as certified by ARCHITECT. 1. Upon the completion of the Schematic documents, and the approval thereof by the OWNER, a sum equal to 25% of the Fee defined in Article II shall be due and payable. 2. Upon the completion of the Design Development documents, and the approval thereof by the OWNER, a sum equal to 25% of the Fee defined in Article II shall be due and payable. 3. Upon completion of 50% of the Construction document phase, a sum sufficient to increase the Fee payments to 25% of the Fee defined in Article II shall be due and payable. 4. Upon completion of the Construction document and the acceptance thereof by OWNER a sum sufficient to increase the Fee payments to 100% of the Fee defined in Article II shall be due and payable. 5. Payment for authorized "Extra Services" and "Reimbursable" expenses shall be made monthly as they are incurred. IV. TERMINATION A. OWNER hereby reserves the right to terminate at any time by written notice to ARCHITECT all or any part of this contract. B. In the event of such termination, ARCHITECT shall be paid in accordance with Article III of this Agreement for professional services and expenses rendered up to the date of such termination. --3-- V. AMENDMENT This Agreement may be amended at any time by mutual consent of the parties hereto. Any amendment hereto shall be in writing and shall set forth the date of the public City Council meeting at which the City Council approved such amendment. VI. SUCCESSORS AND ASSIGNS All terms, conditions, and provisions hereof shall inure to and shall bind the parties hereto, their respective heirs, administrators, executors, successors and assigns. ARCHITECT shall not sublet, assign or transfer to any way his interest in this contract without the prior written consent of DISTRICT. VII. The ARCHITECT shall hold harmless the City of Chula Vista and all officers and employees, from all costs and claims for damages to real or personal property and personal injury to any third party resulting from the negligent performance of services, if any, pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed in their behalf by their duly authorized representatives on March 5, 1987 ARCHITECT CITY OF CHULA VISTA License No. ( Date D Approved as to form /~/ATTEST Jennie Clerk Date / / City Attorney -4- CITY OF CHULA VISTA GENERAL CONDITIONS APPENDIX A Table of Contents General Information II Responsibilities of the Owner III Responsibilities of the Architect IV Extra Architectural Services V Reimbursable Expenses VI Procedures A. Schematic Documents B. Design/Development Documents C. Construction Documents D. Bidding -5- CITY OF CHULA VISTA GENERAL CONDITIONS APPENDIX A TO ARCHITECT'S CONTRACT I. GENERAL INFORMATION: A. The ARCHITECT shall read this appendix carefully. It will answer many questions regarding procedures and general requirements. B. The ARCHITECT shall always bear in mind that it is the desire of the OWNER to obtain facilities that shall require a minimum amount of maintenance and operational cost. C. The official representative of the OWNER in dealings with the ARCHITECT under this agreement shall be the City Manager or his designee. At his option, and with written notice to the ARCHITECT, he may delegate his responsibilities to other individuals. II. RESPONSIBILITIES OF THE OWNER: A. The OWNER will furnish a Building Program outlining the scope and requirements for the Project. If only a portion of the ultimate project is being considered now, the ARCHITECT will be advised of proposed future elements in order to develop a master plan, if necessary. B. Costs of material testing and other tests authorized by the OWNER shall be borne by the OWNER. III RESPONSIBILITIES OF THE ARCHITECT: A. The overall responsibility of the ARCHITECT is to produce for OWNER a complete set of construction documents which satisfy the OWNER design criteria and specifications, to the extent they are made known to him, OWNER bidding procedures, and which will yield a finished product complete and ready for use. -6- B. The ARCHITECT shall participate in all conferences with representatives of the OWNER or other agencies as necessary for the development of all documents. C. It is the responsibility of the ARCHITECT to visit and inspect the location of the project and to acquaint himself with all visible conditions. The initial visit shall be made with OWNER representatives. D. The ARCHITECT shall associate with him, and at his expense, structural, mechanical and electrical engineers, unless waived by the OWNER in writing. The ARCHITECT may associate with him, or shall if so requested by the OWNER, other qualified specialists, mutually acceptable to the ARCHITECT and the OWNER, to render services in connection with the Project, and may delegate to them such duties as he may designate without relieving himself from administrative or other responsibility under this contract. E. The ARCHITECT shall cause all documents to conform to applicable requirements of the City of Chula Vista, and shall cause the necessary copies of such documents to be filed with the appropriate City departments for approval. IV. EXTRA ARCHITECTURAL SERVICES A. Extra architectural services are those not basic to every project and are to be performed only when specially authorized in writing by the OWNER. Extra services are usually required because of unforeseen circumstances or by special request of the O~ER, and are extra work and expense not contemplated or compensated for under the fee schedule for ARCHITECT'S basic services. Extra services include but are not limited to: 1. Preparing feasibility studies, energy conservation studies, life cycle cost analysis, growth impact studies, special analyses of Owner needs, related Cost Estimates, and assistance in the preparation of application for governmental funding of Projects. 2. Providing planning surveys, site evaluations, or comparative studies of prospective sites. -7- 3. Providing master planning or design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the project covered by this contract. 4. Preparing documents for segregated contracts or out of sequence services requested by the OWNER. 5. Services in connection with revising previously approved drawings and with Change Orders initiated by the OWNER to change the scope of the project or to significantly revise approved contract documents. 6. Providing consultation concerning replacement of any work damaged by fire or other cause during construction and furnishing professional services which may be required in connection with the replacement of such work. 7. Providing professional services made necessary by default of the contractor or by major defects in the work of the contractor in the performance of the construction contract. 8. Providing Contract Administration and observation of construction. 9. Providing services of professional consultants for other than the normal structural, mechanical, and electrical, for the project. The OWNER reserves the right of approval of each such individual consultant. REIMBURSABLE EXPENSES A. Reimbursable expenses are in addition to the compensation for basic services, and include actual expenditures made by the ARCHITECT, his employees, or his professional consultants in the interest of the Project for expenses listed as follows: 1. Expenses of transportation and living when traveling outside San Diego County in connection with the project, including long distance telephone and telegram costs, occasioned by such travel. -8- 2. Expenses of reproduction, postage and handling or drawings and specifications, excluding such copies at each phase of document preparation reasonably necessary for the ARCHITECT to obtain OWNER approval of such documents. Two copies shall be provided at the schematic and preliminary phases. See VI.C.4 for additional provision. 3. If authorized in advance by the OWNER, the expenses of overtime work requiring higher than regular rates and expense of models for the use of the OWNER. VI. PROCEDURES A. SCHEMATIC DOCUMENTS 1. The owner shall approve the Schematic Document prior to the preparation of Design Development Documents. B. DESIGN DEVELOPMENT DOCUMENTS I. When authorized by the OWNER, the ARCHITECT shall begin the preparation of Design Development Documents. 2. Documents for additions to existing facilities shall be engineered to include provisions for maintaining continuous, uninterrupted operation of the existing facilities and the utilities thereto, to the extent feasible. C. CONSTRUCTION DOCUMENTS 1. Upon approval of the Design Development Documents, and upon notification by the OWNER, the ARCHITECT shall proceed with the Construction Documents based upon the Design Development Documents. 2. In general, all construction work will be under one contract, but the ARCHITECT shall prepare the construction documents in such a manner that alternates, preferably additive, may be bid if the OWNER so decides. 3. Ail references in the Construction Documents shall be directed to the General Contractor only. Under no circumstances shall the duties of any subcontractor be defined. -9- 4. The ARCHITECT shall submit two sets of blue line prints of his Architectural Construction Documents, not including engineering calculations, to the OWNER for review and comments when they are completed. Any additional consultant documents would be reimbursable. D. BIDDING 1. The ARCHITECT shall distribute all Construction Documents to prospective bidders, issue necessary addenda, and prepare all bid tabulation forms. All interpretations of Construction Documents during the bidding period shall be by addendum only. 2512a -10- APPENDIX B NEW CONSTRUCTION & REMODELING AREAS IN CHULA VISTA POLCIE BUILDING Existing/Present Use Existing Square Feet A. Court 2 784 B. Briefing/Field Sergeant/ Secretary Uniform Division Commander 896 C. Dispatch/Teletype 526 D. Traffic Sergeant/Traffic Educ. Office 403 E. Court 1 640 F. Men's & Women's Restrooms 184 G. Fingerprints/Press Area 190 H. Recording/Conference 448 I. Evidence Lab/Crime & Photo Office 792 J. Janitor's Closet (portion) 100 K. Women's Lounge/Matron 425 L. Conversion of Garage Area 1,600 NEW CONSTRUCTION 1,424 REMODEL 5,564 TOTAL AREA 6,988 February 27, 1987 TO: The Honorable Mayor & City Council VIA: John Goss, City Mana~er~ FROM: William J. Winters,~)irector of Public Safety SUBJECT: Agreement to Develop Plans for New Public Safety Communications Center & Office Remodeling in the Police Building ~~I~k_~Q~! At the February 24, 1987 Council Meeting, staff had recommended the retention of the architectural firm of Shorn & Kaminski to develop the plans for the new Public Safety Communications Center and office remodeling the the Police Building. On February 20, 1987, Architect Raymond k. Bernier delivered a letter to the City Clerk that contained a series of counterpoints to the staff recommendation to hire Shorn & Kaminski (see Attachment A). Mr. Benier was one of the architects who had submitted a proposal for this project. His proposal included a fee of $43,000 compared to the fee of $49,600 by Shorn & Kaminski. In selecting an architect for this project, staff was following Council Policy 102-03 which provides uniform procedures for seeking and retaining the services of professional consultants in conformance with Government Code S4525. The fee proposed by each architect was a consideration, but a more important consideration was staff's appraisal of the architect and his consultants, especially the engineering consultants. In this respect, staff felt the Shorn & Kaminski team was the most qualified and would provide the City with the best product. Specific comments to Mr. Bernier~s points are as follows: 1. This addresses Mr. Bernier~s Point ~1 which appears to have been written in response to #1 on Page 4 of the agenda statement. While it's true that each job will have its own separate design criteria, it's also true that because the two jobs are in the same building, they have interrelated parts such as the HVAC and electrical. Although it would be possible to have individual architects design each room in a house, it wouldn't work very well in practice. Staff believes that especially in a remodeling job where actual conditions are sometimes not discovered until construction, it is important to have one architect. In addition, staff has worked with Shorn & Kaminski in developing plans for the Crime/Photo Lab since December 1985. During this period, a very positive, effective dialogue has been developed between staff and Mr. Jeff Shorn. Staff is confident that this r~ationship will carry over to the new project and ensure quality, functionally sound plans. 2. Mr. Bernier~s Point ~2 indicates that the cost for the coordination of the mechanical interface is included in his bid. While that is undoubtedly true, staff believes it is important to have one mechanical engineer for the following reasons. The most complex portion of this building project is the upgrading of the heating and air conditioning system. Hiring Shorn & Kaminski for this portion of the project means that one mechanical engineer will be responsible for the entire is hired, his mechanical engineer will be Donald Ducommun. Shorn & Kaminski has hired the firm of Dunn-Lee-Smith-Klein & Associates to provide the mechanical engineering services. Staff believes that two different mechanical engineers on this complex project will result in different points of view, and the result could be unproductive conflict which would delay the project and In addition, the firm of Dunn-Lee-Smith-Klein & Associates is the same firm that evaluated the- HVAL System in the Police Building and presented the City with several alternatives to correct the deficiencies in the system. This evaluation provided them with a good working knowledge of our system which will be to our benefit as we proceed to the second phase of the project. 3. The following addresses Mr. Bernier~s Point ~3. During the pre-bid period for any major construction project, bidders will have questions for the architect and/or mechanical engineer. The fewer people the bidders have to go to for answers, the less chance there is for confusion and a greater chance of a reasonable bid for the City. 4. The following addresses Mr. Bernier~s Point ~4. Staff does not agree with Mr. Bernier~s contention that two architects on the job will guarantee a better job. Staff contends that just the opposite will be true. Two architects will strain coordination of construction sequences as contractors will be dealing with two architects. In addition, the general contractors bidding on the project would be reviewing specifications written by different individuals. It would be possible to have these specifications combined, but this would be an additional cost for the City. 5. Mr. Bernier~s Point ~5 appears to address ~4 on Page 4 of the agenda statement. As mentioned in ~i above, remodeling jobs typically require more change orders than other construction jobs. Staff believes we will recieve a better project at a lower cost if the bidders know they will only be dealing with one architect. 2 In summary, it is sta~s contention that the hiring o~ Shorn & Kaminski is justified in that it will result in improved coordination, less con~iict and a more cost e~ective~ quality project. WJW/m Attachment 0209-2 (Rev. 5) 3 Attachment A RECEIVED RAYMOND L. BERNIER - ARCHITECT ~7 FEB 20 P-2:42 Men~ber C.S.:. - S.A.M.E. 677 "G" Street #171 CITY OF CHU[~. ~¢~, Chula Vista, CA 92010 CITY CLEF~'S OFFICE (619) 420-6770 Structural - Derek Ilott S.E. Mechanical - Donald Ducommun P.E. Electrician - Van Buuren Associates Specifier - Ronald j. Curry TO: City Council DATE: February 13, 1987 REFERENCE: Commission of Architect for Plans of New Public Safety Communications Center & Office Remodeling in the Police Building Sirs: We would like the council to review the following counterpoints to staff's recommendation: 1. The plans necessary to remodel, alter and add to the first story of the police department will have its own design criteria, regardless of who is doing the design, it will take the same efforts getting familiar with the building and existing plans. This will be minimal in time and not affect the final completion of plans. 2. The Coordination of architectural services, for the mechan- ical interface of both projects ~as been anticipated by our firm and the cost for this work ~s already in our proposal. 3. It is Our intention to go'to bid as one package. The pack- age would be divided as Parts "A" & "B" under one COver and one set of specifications and contract documents, coordi- nated by our specification r~ter. w This would eliminate any confusion to the contractors. The contractor is bound by contract documents plans and specifications. The architect's duties are to enforce the documents, to ensure a quality job. City Council Page 2 4. The architect is there to ensure quality and performance of work to be done. With two architects on the job, each being responsible for his own phase of work will guarantee a bet- ter job and one can use the other as back up on border line decisions. Again the combination of the specifications has also been anticipated by this office and the cost thereof. 5. Unless changes are made by the department after work begins, any change orders that would occur' would be unseen circum- stances, such as unanticipated reruns of electric wires or pipe relocations found. In a wall, in any event, would require a change order, whether there would be one or two architects. In summary, we are stating that the knowledge of the building and working relationship can be accomplished with no loss of time to the final completion of the documents and plans. The cost of COordinating the mechanical plans has been considered and is in our proposal. The bidding documents and specifications will go out as one package with one total bid reply. The coordination of work to be performed is more efficient with each architect being responsible for his part. If both floors are being worked simul- taneously, better control of the work can be accomplished by two architects. We can initiate an actual dollar savings to the city of $6,600.00 while providing the city with plans and specifications that are tantamount to any other firm, and guarantee the final plan com- pletion of 160 to 180 days or Sooner after contract has been signed. We would appreciate consideration of the Council for the commis- sion of this project. Thank you, Raymond L. Bernier RECEIVED ~¥MO~ ~. BE~lER - ARCNZTEC~ Member O.$.I. - S.A.M.E. ~7 FEB 20 P2'~2 677 "G" Street #171 Chula Vista, CA 92010 CITY OF CHULA VISTA CiTY CLERK'S OFFICE (619) 420-6770 Structural - Derek Ilott S.E. Mechanical - Donald Ducommun P.E. Electrician - Van Buuren Associates Specifier - Ronald J. Curry TO: City Council DATE: February 13, 1987 REFERENCE: Commission of Architect for Plans of New Public Safety Communications Center & Office Remodeling in the Police Building Sirs: We would like the council to review the following counterpoints to staff's recommendation: 1. The plans necessary to remodel, alter and add to the first story of the police department will have its own design criteria, regardless of who is doing the design, it will take the same efforts getting familiar with the building and existing plans. This will be minimal in time and not affect the final completion of plans. 2. The coordination of architectural services, for the mechan- ical interface of both projects has been anticipated by our firm and the cost for this work is already in our proposal. 3. It is our intention to go to bid as one package. The pack- age would be divided as Parts "A" & "B" under one cover and one set of specifications and contract documents, coordi- nated by our specification writer. This would eliminate any confusion to the contractors. The contractor is bound by contract documents plans and specifications. The architect's duties are to enforce the documents, to ensure a quality job. City Council Page 2 4. The architect is there to ensure quality and performance of work to be done. With two architects on the job, each being responsible for his own phase of work will guarantee a bet- ter job and one can use the other as back up on border line decisions. Again the combination of the specifications has also been anticipated by this office and the cost thereof. 5. Unless changes are made by the department after work begins, any change orders that would occur would be unseen circum- stances, such as nantlc~pated reruns of electric wires or pipe relocations found In a wall, in any event, would require a change order, whether there would be one or two architects. In summary, we are stating that the knowledge of the building and working relationship can be accomplished with no loss of time to the final completion of the documents and plans. The cost of coordinating the mechanical plans has been considered and is in our proposal. The bidding documents and specifications will go out as one package with one total bid reply. The coordination of work to be performed is more efficient with each architect being responsible for his part. If both floors are being worked simul- taneously, better control of the work can be accomplished by two architects. We can initiate an actual dollar savings to the city of $6,600.00 while providing the city with plans and specifications that are tantamount to any other firm, and guarantee the final plan com- pletion of 160 to 180 days or sooner after contract has been signed. We would appreciate consideration of the council for the commis- sion of this project. Thank you, Raymond L. Bernier