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HomeMy WebLinkAbout1991/04/23 Item 18 COUNCIL AGENDA STATEMENT Item 1 'i Meeting Date 4/23/91 Resol ut ion 11-145 Approving an agreement with Dominy and Associates Architects for architectural design services required for the Rancho del Rey Fire Training Tower located at H Street and Paseo Ranchero in the City of Chula Vista, CA Director of Public work~~H~ Fire Chief ,;7y; > v: II" , '<< /'1" '<4' /, ~~- City Managert~{, (4/5ths Vote: Yes_No..lL) On November 5, 1990, the Engineering division sent requests for letters of interest, statement of qualifications for professional architectural design services for the Rancho del Rey Fire Training Tower. Four firms responded and after evaluation of the qual ifications by a selection committee, three firms were selected for i ntervi ews. Based on the anal ys is of the propos a 1 sand interviews, the selection committee made up of Engineering, Fire and Administration staff recommends that the contract for design of the Rancho del Rey Fire Training Tower be awarded to Dominy and Associates. ITEM TITLE: SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Counc i 1 adopt the resol ut i on and authori ze the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The general scope of the project is to construct a four-story concrete fire training tower on a two-acre site on Paseo Ranchero adjacent to East H Street. This building will be Phase 1 of a two phase project for new Fire Department Facilities. Phase 2 calls for constructing a 6,500 sq. ft. two-story fire station with a training room on the second floor. Phase 2 will be designed and built by the developer in conjunction with the Rancho del Rey development. Currently, the City's only existing fire training tower exists at the East J Street Fire Station. Construction of the new fire station at East J Street has restricted the use of the existing fire training tower and a new training facility is needed. The architectural fi rm of Domi ny and Associ ates has revi ewed the site and submitted a proposal with a detailed work program and recommendations for comp 1 et i ng the des ign of the subject project. Staff has revi ewed the fee proposal and is satisfied that Dominy and Associates is capable of completing the work required in a timely manner and for a reasonable fee. Included within the scope of work for this project is completion of the design review process for architectural approval from the Design Review Committee. The design work for the this project is scheduled to be completed by October 1991. FISCAL IMPACT: $220,500 has been allocated from the Fire Suppression Systems Fund for the Rancho del Rey Fire Training Tower project. The agreement will utilize $15,620 of the allocated funds. WPC 5548E 1';. ( RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH DOMINY AND ASSOCIATES ARCHITECTS FOR ARCHITECTUAL DESIGN SERVICES REQUIRED FOR THE RANCHO DEL REY FIRE TRAINING TOWER LOCATED AT H STREET AND PASEO RANCHERO IN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on November 5, 1990, the Engineering division sent requests for letters of interest, statement of qualifications for professional architectural design services for the Rancho del Rey Fire Training Tower; and WHEREAS, four the qualifications by selected for interviews; firms responded and after evaluation of a selection committee, three firms were and WHEREAS, based on the analysis of the proposals and interviews, the selection committee made up of Engineering, Fire and Administration staff recommends that the contract for design of the Rancho del Rey Fire Training Tower be awarded to Dominy and Associates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with Dominy and Associates Architects for architectural design services required for the Rancho del Rey Fire Training Tower located at H Street and paseo Ranchero in the City of Chula Vista, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. form by Presented by J John P. Lippitt, Director of Public Works Bruce M. Boo Attorney 8773a If, 2.. AGREEMENT WITH DOMINY , ASSOCIATES ARCHITECTS POR ARCHITECTURAL SERVICES This Agreement is made this day of 1991 by and between the city of Chula Vista, california, a Municipal Corporation, herein referred to as "City", and Dominy & Associates Architects, a Professional Architectural Consulting Firm ("Consultant"), and is made with reference to the fOllowing facts: RECITALS Whereas, the existing fire training site at 80 East "JII Street is restricted due to construction of a new station; and, Whereas, the Fire Station site at "R" Street and Paseo Ranchero is centrally located with good access by all south by fire departments to utilize for automatic aide, multiple company training; and, Whereas, the City desires to proceed in a timely manner with the construction of this project and lacks sufficient resources to design the project in a timely manner, the City, thus requires design architectural services; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and, NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties a. General Duties Consultant shall prepare design plans and specifications for the construction of a four story concrete fire training tower, in accordance with City of Chula Vista standards/requirements. Design plans will include: (i) ArChitectural, structural and site plans. (ii) Final material of tower and site work. Consultant shall prepare all construction cost estimates, specifications, and provide construction plan interpretation. - 1 - I~ -,3 b. Scope of Work and Schedule Consultant, in the process of providing said advice and recommendations, shall perform the duties and deliver the "Work Product" as is set forth in the Scope of Work and Schedule, attached hereto as Exhibit A, not inconsistent with the General Duties, according to, and within the time frames therein established (time being of the essence of this agreement) (The General Duties and the work required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services"). c. Standard of Care Consultant, whether Defined performed in a skill ordinarily practicing under in performing any Services under this agreement, Services or Additional Services, shall be manner consistent with that level of care and exercised by members of the profession currently similar conditions and in similar locations. d. Insurance Consultant represents that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Consultant will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the city prior to beginning work: Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage. General and Automobile Liability coverage to $1,000,000 combined single limit which names City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross- liability coverage"). Errors and Omissions and Omissions coverage is policy. All policies shall be issued by a Rating of "A, Class V", or better, approval of the City's Risk Manager. insurance to $250,000, unless Errors included in the General Liability carrier that has a Best's or shall meet with the - 2 - I ~- tf All policies shall provide that same may not be canceled without at least thirty (30) days written notice to the city. 2. Duties of the City: a. Consultation and Cooperation. city shall regularly meet with the Consultant for the purpose of reviewing the progress of the Plan and to provide direction and guidance to accomplish the Plan. b. Compensation. The compensation to be paid by City to Consultant for all of the work required herein shall not exceed Fifteen Thousand Six Hundred Twenty Dollars ($15,620) and shall be paid out in the increments set forth in the attached fee schedule (Exhibit B) payable in monthly progress payments in an amount that the Public Works Director, or his designee, shall determine corresponds to the value provided to the City to the date of billing. Consul tant agrees to perform all of the services, provide the Plan and deliver the Work Product herein required, and in the manner of the detailed Scope of Work set forth on the attached Exhibit A, and shall incur all associated costs, including reproduction and printing with a limit of 12 sets of plans and specifications, secretarial work, telephone charges, travel including automobile charges, for said Fee. c. Reductions in Scope of Work. City may from time to time reduce the Scope of Work by the Consul tant to be performed under this Agreement. ci ty and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the Fee associated with said reduction. d. Additional Scope of Work. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope of Work ("Additional Services"), and upon doing so in writing, Consultant shall perform same on a time and materials basis at the rates set forth on Exhibit B. All compensation for Additional Services shall be paid monthly as billed. - 3 - If'-~ 3. Administration of Contract: The City hereby designates the Director his written designee, as its representative administration of the work performed by required. of Public Works, or for the review and Consultant herein 4. Term: Consultant shall perform all of the Defined Services within consul tant' s control herein required of them by not later than August 1991, and shall abide by and comply with any interim time frames and milestone dates that are set forth in Exhibit A. 5. Liquidated Damages: It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resul ting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the General Duties and Defined Duties specified within the allotted time period specified in Exhibit A shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment, the consultant shall pay to the City, or have withheld from monies due, the sum of $100.00. Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the Public Works Director, or his designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant: Consultant warrants and represents that neither he, nor his immediate family members, nor his employees or agents ("Consul tant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subj ect matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest") except as listed on an attachment. - 4 - If.(, Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that neither Consultant nor his immediate family members, nor his employees or agents, shall acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 7. Hold Harmless: Consultant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, reasonable cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors of the consultants, in connection with the execution of the work covered by this Agreement, except only for those claims arising from the negligence or willful conduct of the city, its officers, or employees. Consultant's indemnification shall include any and all reasonable costs, expenses, attorneys' fees and liability incurred by the City, it officers agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suitor action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the city, and Consultant shall be - 5 - /P-7 entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions: In the event that the City Engineer determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to city greater than would have resulted if there were no such negligence, errors, omissions in the plans or contract specifications, Consultant shall reimburse City for the addi tional expenses incurred by the City including engineering, construction and/or restoration expense. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City: City may terminate this Agreement at any time and for any reason for giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability: The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City which City may unreasonable deny. - 6 - If-l 12. Ownership, Publication, Reproduction and Use of Material: All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. These documents are site specific. If these documents are revised to build another new tower, architect of record shall be held harmless if not utilized as consultant. No such materials or properties produced in whole or in part under this Agreement shall be subject to copyrights or patent rights by Consultant in the United states or in any other country without the express written consent of city. City shall have unrestricted authority to publish, disclose as may be limited by the provisions of the Public Records Act, distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. The consultant may reuse ideas, details, and materials produced by him on this project on future projects, and may duplicate materials for this purpose. 13. Independent Contractor: city is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. city maintains the right only to reject or accept Consultant'S work Products). Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefits. 14. Responsible Charge: Consul tant hereby designates that Darrold Davis shall be Consul tant ' s representative ("proj ect Manager") to the proj ect for the duration of the project. No substitution for this position shall be allowed without written approval from the City. 15. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the city unless a claim has first been presented in writing and filed with the City of Chula vista and acted upon by the City of Chula vista in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal - 7 - If ./1 Code, as same may from time to time be amended, the prov1s1ons of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the city in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 16. Attorney's Fees Should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees, provided that said party has exercised best efforts, in good faith, to negotiate a settlement of the dispute prior to and during the litigation. 17. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document as a result of the scope of work required of Consultant, Consultant shall include, or cause the inclusion, in said report or document a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 18. Miscellaneous. a. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, Consultant shall have no authority to act as city's agent to bind City to any contractual agreements whatsoever. b. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified adjacent to the signatures of the parties represented. - 8 - Ii.. It) d. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. e. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. f. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, state of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. - 9 - Ii-It Signature Page to Agreement with Dominy & Associates Architects for Architectural Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement this day of , 1990. CITY OF CHULA VISTA BY: Leonard M. Moore Mayor Pro Tempore Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard City Attorney Dominy & Ass ciates Architects . , A.I.A. By: A. Lewis Dom~ny, III (A: \MASTER1. DOC) - 10 - If', 12. Exhibit A. Exhibit B. (A: \MASTER1. DOC) Exhibit List to Agreement with Dominy & Associates Architects for Architectural Services Scope of Work and Schedule Consultant's Fee Schedule - 11 - /R../3 EXHIBIT A SCOPE OF WORK The general scope of the proj ect is to construct a four-story, concrete training tower on a two acre site on Paseo Ranchero adjacent to East "H" street. The design shall conform to V.B.C. 88 Code compliance and the City of Chula vista standards/requirements and shall include the following tasks: A. Review project scope and budget with City staff and others, as directed. B. Consul tant shall be responsible for all design surveying which shall include: 1. Horizontal and vertical control 2. Location of existing well monuments, benchmarks and property monuments affected by construction. 3. Two copies of all survey notes shall be submitted to the City. C. Consultant shall be responsible for providing: 1. Architectural, structural and site plans of the tower configurations with amenities (plans, elevation drawings, details, fire hydrants, etc. and sitework. 2. Code compliance specifications as part of the working drawings. 3. Preliminary and final construction cost estimate, bid documents and construction contracts. a) Material quantities shall be computed from final design plans. Engineer's estimate shall be based on prevailing construction unit prices for the San Diego area. b) Bidding and construction contract documents shall be based on "boilerplate" documents provided by the City. D. Consultant shall be responsible for completion of the design review planning process including attending meetings of the design review committee and Council meetings to present the design plan. li../'f - 2 - E. Consultant shall participate in conferences with City staff for the development of all drawings, plans and specifications and answering questions and provide clarification during bidding phase. F. Consultant shall be available during the construction phase to provide engineering support services which may include: 1. Design plan interpretation; 2. Observation of proj ect site during construction phase not including construction inspection; 3. Design of minor changes in the original design concept and resolution of any design conflicts. G. Consultant will obtain any permits or permission necessary to enter private property as required to perform the work. City shall pay any permit fees required. H. Final design plans shall be submitted on "D" sheet (2' x 3') size mylar with standard City border. Mylars are available in the Public Works Department and will be provided upon request. (A:\MASTER1.DOC) (p#/r DOMINY + ASSOCIATES ARCHITECTS EXIllBIT B ~+.. April 8. 1991 Re: City of Chula Vista Fire Training Tower Payment Schedule % FEE PHASE AMOUNT 15 Schematic Design $ 2344.00 20 Design Development $ 3124.00 40 Construction Docs. $ 6248.00 5 Bidding $ 780.00 20 Construction Admin. $ 3124.00 $15620.00 TOTAL FEE /f../~ SUITE 303 21S0W. WASHINGTON SAN DIEGO, CA 92110 FAX (6t9) 692-93904 TEL(619)692-9393 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the contract, I.e., contractor, subcontractor, material supplier. It . U;1,.IJI-:' OoIV\I~lY.:m:: 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N I A ('&11vt f(.cPf!.It'V.~..:; '" 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. .....lliA 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No..2S..... If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. t:J\A'loI.-O L-. VA'll S ,.. I. A. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No L If yes, state which Councilmember( s): Person is defined as: :Any individual, firm, co-pannership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and CDUnn)', city, municipality, district or olher political subdivision, 01' any other grOlfp or combination acting as {/ unit." (NOTE: Attach additional pages as necessary) a. . Date: q API-It..- \'lGfI [,\-I13IADISCLOSETXT] A. l!1JJ1C; paM 1.., ..::m:. Print or type name of contractor/applicant [Revised: 11/30/901 1~../7 THIS PAGE BLANK I~.I'