Loading...
HomeMy WebLinkAboutReso 1988-13748 RESOLUTION NO. 13748 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VISIONS FOR DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENT DEVELOPMENT AND RELATED SERVICES FOR NORMAN PARK RENOVATION 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 VISIONS, for design development, construction document development and related services for Norman Park renovation dated the 23rd day of August , 1988 , 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 Manuel A.' M6lli~edeo, Director Th of Parks and Recreation Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day Of August 19 88 , by the following vote, to-wit: AYES: Councilmembers Nader, Cox, Moore, McCandliss NAYES: Cound 1 members None ABSTAIN: Cound 1 members None ABSENT: Counci ] members Malcolm ~of the City of Chulo Vista 5 ,,~TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13748 ,ond fhot the some hos not been omentied or repealed DATED City Clerk cc-sso · AGREEMENT BETWEEN THE ! CITY COUNCIL OF THE CITY OF CHULA VISTA AND VISIONS FOR DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENT DEVELOPMENT AND RELATED SERVICES FOR NORMAN PARK CENTER RENOVATION THIS AGREEMENT, made and entered into this 23rd day of August 1988, by and between the City Council of the City of Chula Vista, a municipal corporation, hereinafter referred to as "Owner" and Visions, an architectural firm, hereinafter referred to as "Architect"; WITNESSETH: WHEREAS, the Owner is desirous of renovating and expanding Norman Park Center; and WHEREAS, the Owner entered into an agreement with the Architect on October 27, 1987 to prepare a concept plan for Norman Park Center renovation; and WHEREAS, said agreement called for negotiating a separate agreement with the Archi tect for development of des i gn development phase, constructi on document phase and related phases, should the Owner accept the concept plan; and WHEREAS, the Redevelopment Agency approved the concept plan at its August 2 meeting, and authorized the development of construction documents and a concept pl an and constructi on documents for the Cornel 1 Hal 1 eastern expansion, which was not included in the concept plan. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as fol 1 ows: ARTICLE 1 - SERVICES 1.1 DESIGNATED SERVICES The Architect's Designated Services consist of those services agreed to be performed directly by the Architect, through the Architect by utilization of outside services, and by Coordination Services performed by the Architect on services provided by the Owner, for and necessary to the Project, as identified and described in the Scope of Designated Services attached, as Attachment A, to and made a part of this Agreement. The scope of work includes but is not limited to: a. Preparation of a concept plan for the easterly expansion of Cornell Hall, including colored elevation plans, site plan and floor plan. b. Design development of the approved schematic design which includes the following: restrooms, kitchen facilities, administrative offices, workrooms, classrooms, meeting/conference rooms including Cornell Hall Phase II expansion, storage rooms, library, card room, first-aid room, reception area, and common areas HVAC system, sound system, electrical and lighting systems and security systems - Facade, windows, doors, patio areas, trellis, roof, enriched paving, landscaping, parking lot improvements, trash enclosure c. Preparation of a construction document package based on approved design development drawings, which will include the items listed in Attachment B. d. Updating of preliminary cost estimates based on design development and preparation of final cost estimates based on final construction plans. e. Preparation of plans on City D-Sheet mylars, which will be supplied to the Architect at no cost. f. Plan and specification compliance with City and State codes. go Presentation of concept plan for Cornell Hall expansion, landscaping plan including the trellis, at four public meetings (the Design Review Committee, Parks and Recreation Commission, Commission on Aging, Redevelopment Agency). h. Attendance at meetings with staff and members of the ad hoc committee for further development of the design plans. 1.2 ADDITIONAL SERVICES The following Services are not included as Designated Services unless so identified in Section 1.1. These Services and any other services identified as Additional Services in the Scope of Designated Services attached to and made a part of this Agreement shall be provided if authorized or confirmed in writing by the Owner and they shall be paid for by the Owner, as provided in this Agreement, in addition to the compensation for Designated Services. For the Architect's representation beyond basic services such as revisions to drawings, specifications or other documents when such revisions are inconsistent with previous approvals or instructions given; preparing drawings, specifications and supporting data in connection with Change Orders to the extent that the adjustment is due to causes not solely in control of the Architect; providing consultation concerning replacement of any work damaged by fire or other cause during construction; providing services made necessary by the default of the Contractor or major deficiencies in the Contractor's work; providing representation at agency review meetings; and any other service not customarily furnished with generally accepted architectural practice; such services shall be billed at hourly rates described herein. 1.3 TIME 1.3.1 The Architect shall perform Designated and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The schedule as listed below shall include allowances for periods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule shall, except for reasonable cause, be followed by the Architect. a. Construction documents shall be submit.ted for first City review by December 31, 1988. ARTICLE 2 - THE OWNER'S RESPONSIBILITIES The following responsibilities will be undertaken by the Owner, in addition to those services designated to be performed by the Owner and described in the Scope of Designated Services attached hereto and made part of this Agreement. 2.1 The Owner shall provide full information regarding the requirements for the Project. 2.2 The Owner shall designate, when necessary, a representative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto as expeditiously as possible, to avoid unreasonable delay in the progress of the Architect's services. 2.3 If deemed necessary by the Owner and the Architect, the Owner 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 and 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. 2.3 If deemed necessary by the Owner and Architect, the Owner shall pay for the services of soil engineers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operation for determining sub-soil, air and water conditions, with reports and appropriate professional recommendations. 2.4 If deemed necessary by the owner and Architect, the Owner shall pay for structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.5 The services, information, surveys and reports required by paragraphs 2.2 through 2.4 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.6 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as possible for the orderly progress of the Architect's services and of the Work. ARTICLE 3 - CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Article 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1. Evaluations of the Owner's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Architect. ARTICLE 4 - REIMBURSABLE EXPENSES 4.1 Reimbursable expenses must be approved in advance by the Owner's designated representative. Reimbursable Expenses are in addition to the Compensation of Designated and Additional Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 4.1.1 Expense of transportation in connection with the Project; and long distance communications in connection with the Project. 4.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 4.1.3 Expense of data processing and photographic reproduction techniques when used in connection with the producing the Drawings and Specifications and Additional Services. 4.1.4 Expense of any additional insurance coverage or limits including professional liability insurance requested by the City in excess of that normally carried by the Architect and his consultants. ARTICLE 5 - PAYMENTS TO THE ARCHITECT 5.1 PAYMENTS ON ACCOUNT OF DESIGNATED SERVICES 5.1.1 Payments for Designated Services shall be made monthly or sooner, and shall be in proportion to services performed within each Phase of Services, on the basis set forth in Article ll. 5.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services and defined in Paragraph 1.2 and for Reimbursable Expenses as defined in Article 4 shall be made monthly or sooner upon presentation of the Architect's statement of services rendered or expenses incurred, and approved by the Owner. 5.3 PROJECT SUSPENSION 6.3.1 If the Project is suspended or abandoned for more than three months the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than three months, the agreement will be renegotiated. ARTICLE 6 - OWNERSHIP AND USE OF DOCUMENTS 6.1 Drawings and Specifications as instruments of service are and shall remain the property of the Owner whether the Project for which they are made is executed or not. The Architect shall be permitted to retain copies, including reproducible mylar copies, of Drawings and Specifications, and these copies shall be made at the Owner's expense. The Drawings and Specifications shall not be used on other projects without the written consent of the Architect. ARTICLE 7 - TERMINATION OF AGREEMENT 7ol 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 certified mail, return receipt requested) of the intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. 7°2 If termination under (a) is effected by the Owner, 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 cost reasonably incurred by the Architect relating to commitments which had become firm prior to termination. 7.3 If termination under (a) is effected by 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 Owner by reason of such termination. 7.4 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 Owner all data, drawings, reports, summaries, and such 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. 7.5 Upon termination pursuant to (a) above, the Owner may take over the work and contract with another party to complete the work. 7.6 The rights and remedies of the Owner and the Architect provided in this clause are in addition to other rights and remedies provided by law or under this agreement° ARTICLE 8 - MISCELLANEOUS PROVISIONS 8.1 The Architect shall carry general liability insurance in the amount of $1,000,000 throughout the duration of the agreement. Evidence of coverage is to be provided by the Architect in the form of certificate of insurance and policy endorsement. The policy shall provide a written notice to the Owner of cancellation or material change. 8.2 The Architect agrees to indemnify and hold harmless the Owner and its authorized agents, officers and employees from and against any and all claims, costs, suits, and damages, including attorney's fees, arising from the negligent acts, errors or omissions of the Architect associated with the project 8.3 The Architect and any of his employees, agents and representatives are for all purposes under this agreement independent contractors an shall not be deemed to be employees of the Owner and none of them shall be entitled to any benefits which the Owner's employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation, injury leave or other benefits. 8.4 The following are designated as representatives of parties to this agreement: a. Owner designates the Director of Parks and Recreation as its representatives in all matters under this contract (except execution thereof) and all notices given to the Owner shall be so addressed. b. Architect designates Richard Friedson of Visions as the representative under this contract and all notices sent to Architect shall be addressed to the above designated representative at 1133 Columbia Street, Suite 208, San Diego, CA 92101. ARTICLE 9 - SUCCESSORS AND ASSIGNS 9.1 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the 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 the Owner nor the Architect shall assign, sublet or transfer interest in this agreement without written consent of the other. ARTICLE 10 - EXTENT OF AGREEMENT 10.1 This agreement represents the entire integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, written or oral. This agreement may be amended only by written instrument signed by both the Owner's designated representative and the Architect. 10.2 This agreement shall be in effect from August 23, 1988, to February 28, 1990, in accordance with Article 1.3.1. ARTICLE ll - BASIS OF COMPENSATION The Owner shall compensate the Architect for the Designated Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other terms and conditions of this Agreement as follows: ll.1 BASIC COMPENSATION ll.l.1 FOR DESIGNATED SERVICES AS DESCRIBED IN THE SCOPE OF DESIGNATED SERVICES ATTACHED HERETO, Compensation shall be based on a stipulated sum, not to exceed $115,090, excluding additional work and reimbursable expenses. ll.l.2 Where compensation is based on a Stipulated Sum, payments for Designated Services shall be made as provided in Subparagraph 6.1.1, so that Compensation for each Phase to which such Method applies shall equal the following percentages of the total Compensation determined by such Method: a. PHASE 3, SCHEMATIC DESIGN SERVICES: Not to exceed $3,750 i. Cornell Hall Phase II $ 3,750 b. PHASE 4, DESIGN DEVELOPMENT SERVICES: Not to exceed $44,200 i. Approved master plan improvements $38,800 ii. Landscape plan 1,400 iii. Cornell Hall Phase II 4,000 c. PHASE 5, CONSTRUCTION DOCUMENTS SERVICES: Not to exceed $47,200 i. Approved master plan improvements $38,000 ii. Landscape plan 2,200 iii. Cornell Hall Phase II 7,000 d. PHASE 6, BIDDING OR NEGOTIATIONS SERVICES, AS NEEDED: Not to exceed $2,990 i. Approved master plan improvements $ 2,850 ii. Landscape plan 140 e. PHASE 7, CONSTRUCTION CONTRACT ADMINISTRATION SERVICES AS NEEDED: Not to exceed $14,850. i. Approved master plan improvements $14,250 ii Landscape plan 600 . f. PHASE 8, POSTCONSTRUCTION SERVICES: Not to exceed $2,100. 11.3 FOR ADDITIONAL SERVICES, as listed in Section 1.2, Compensation shall be based on hourly billing rates as listed below: HOURLY BILLING RATES Principal Architect ~86/hour Project Architect $68/hour Project Designer/Senior Draftsman $55/hour Intermediate Draftsman $45/hour Junior Draftsman $30/hour Administrative Staff $24/hour For additional services of consultants, compute one hundred thirty percent 11.3) times the amount billed to the Architect for such services. ~ · 11.4 FOR REIMBURSABLE EXPENSES, as described in Article 4, and any other items that may apply, a multiple of one-hundred twenty percent (1.2) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project as approved by the Owner's designated representative, and not to exceed the sum of $3,500. 11.5 Payments due the Architect and unpaid under this Agreement shall bear interest from thirty days past the date of the invoice at the rate of .0006% per day. 11.6 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 11.6.1 IF THE SCOPE of the Project of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. 11.6.2 IF THE SERV ICES covered by this Agreement have not been completed within eighteen months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. This Agreement entered into as of the day and year first written above. OWNER: ARCHITECT: CITY O~ CHULA VI~ /-) VISIONS MAvUR ' .i u Lusu., PRinCiPAL ARCHITEC T ES,~ ,, -_--- ~__~A / , WPC 1040R