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HomeMy WebLinkAboutReso 1976-8178RESOLUTION N0. 8178 RESOLUTION OF THE CITY COUNCIL OF fiHE"-CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LIEBHARDT, WESTON AND GOLDMAN FOR ARCHITECTURAL SERVICES FOR RENOVATION OF THE CIVIC CENTER AND AUTHORIZING TRANSFER OF FUNDS 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and LIEBHARDT, WESTON AND GOLDMAN, for architectural services for renova- tion of the Civic Center dated the 25th day of May 1976 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 sum of $621,560 is hereby transferred from CIP account GF-10 to Construction Account No. 68 and of said amount $103,400 is hereby authorized to be expended from account 5201 for the purpose set forth hereinabove. 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 CMG/. Wi11ia'1ti J: Robens, Director of Public Works Approved as to form by George D. Lindberg, City Att ney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 25th day of May ~ 1g76 ~ by AYES : Councilmen Hyde, Hobel, Hamilton NAYES : Councilmen None Ati 5 ~;. ATTE; STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LIEBHARDT, WESTON AND GOLDMAN, ARCHITECTS, A.I.A. FOR ARCHITECTURAL SERVICES FOR THE RENOVATION OF THE CIVIC CENTER THIS AGREEMENT, made and entered into this 25th day of May, 1976, by and between the CITY OF CHULA VISTA, a municipal corporation, herein- after called "City", and LIEBHARDT, WESTON AND GOLDMAN, ARCHITECTS, A.I.A., a California partnership, hereinafter called "Architect"; W I T N E S S E T H WHEREAS, the City of Chula Vista desires to undertake the development and renovation of the Civic Center in accordance with the study prepared by Facility Sciences Corporation, and WHEREAS, Liebhardt, Weston and Goldman has demonstrated to the City a capability to carry out the total program for such development and renovation in accordance with the .terms and conditions of this agreement. NOW, THEREFORE, it is mutually understood and agreed by and between City and Architect as follows: I. SCOPE OF RENOVATION PROJECT: The Program describing the City's requirements for Civic Center complex modifications is that Document titled: "FACILITY UTILIZATION STUDY CHULA VISTA CIVIC CENTER", prepared by FACILITY SCIENCES CORPORATION. The City has selected Option II B of that Document; however, Architectural Services on the City Hall Remodel shall be to provide Interior Design Services including but not limited to a detailed floor plan of all required furniture and equipment, an inventory of existing furniture, and the pre- paration of specifications for bidding new and refurbished furniture. The scope of the project will also include site work revisions consisting of demolition, new paving, covered walks, fountain, new and relocated lighting, and landscaping. The budget established as the initial estimate of probable building construction and renovation cost is $921,389. This includes: City Hall renovation (trailer hole fill-in), Old library renovation (including heating, ventilation, air conditioning), Old post office building renovation (including heating, ventila- tion, air conditioning), Enclosing post office building loading dock, Construction of connection between post office and library, Construction of covered walkways (along west side of library and both east and west side of post office), Interior Design Services for City Hall, Interior development of old library, Interior development of post office building, Interior development of post office building dock enclosure, Interior development of post office/library building connector, Furniture for renovated areas, Demountable partitions, Transfer of furnishings, material, equipment to new locations. $837,626 + 10~ inflation 83,763 921,389 The budget established as the initial estimate of probable site work revisions is $176,015. This includes: Construction of decorative patio in front of City Hall, Landscaping of the perimeter of the decorative patio, Decorative lighting of patio, Construction and modification of parking lots, Construction and relocation of street lights, Construction of fountain, Construction of covered walkway, Construction of sidewalks, curbs, and gutters, Miscellaneous drainage construction. $160,014 + 10~ inflation 16,001 • $176,015 II. PROFESSIONAL SERVICES: City hereby engages Architect to render the professional ser- vices hereinafter described for the project at and for the compensation hereinafter set forth, and Architect hereby accepts such engagement on the terms herein stated. The professional services shall be rendered substantially in five phases. Architect shall not proceed with the work for each of the successive phases until he has received written approval from the City for the work accomplished in the current phase and further authorization to proceed with the next phase of the work. It is further understood that the scope of the agreement may be modified from phase to phased The professional services shall be as follows: Phase 1: Pre-Design and Site Development Study Phase. Review of the City's Program and Budget. Study existing site utilization and utility serviceso Present and confirm with the City the Architect's findings of the review and studies. Adjust the Scope of the Project as required and obtain approval to proceedo Phase 2: Schematic Design Phase. Based on the mutually agreed upon program, prepare Schematic Design Studies consisting of drawings and sketches to explain exterior treatment, and other documents illustrating the scale and relationships of Project components. This will require an examination of the site and surrounding areas, including research of required codes and ordinances. Review and recommend Energy Conservation opportunities. Prepare initial interior space planning concepts. Present to the City for approval, the preceding Schematic Design Phase documents and data. Phase 3: Design Development Phase. Prepare from the approved Schematic Design Studies, the Design Development Documents consisting of drawings and sketches to explain exterior treatment, and other documents to fix and describe the size and character of the entire Project as to Structural, Mechanical, and Electrical systems, materials and such other essentials as may be appropriate. Prepare interior work station layouts, furniture and related material selections and other such essentials as may be appropriate. Submit to the City an estimate of Probable Construction Cost. - Present to the City for approval the preceding Design Development Documents and data, plus a rendering depicting the scope of the entire renovation project. Phase 4: Construction Documents Phase. Prepare, from .the approved Design Development Documents, working drawings and specifications, including plans, elevations, sections, details and specifications covering architectural, civil engineering, structural, electrical, landscaping, heating, air conditioning, plumbing, utilities and other mechanical work, and shall set forth in detail prescribing the work to be done, materials, workmanship, finishes, and all equipment required. Architect shall assist in the -2- preparation of necessary bidding information, special f, provisions and general conditions of .contract, and shall assist City in applying for and obtaining required approvals from applicable public agencies, and in securing required permits. Phase 5: Construction Services. Architect shall furnish and perform the following services: 1. Architect shall provide tracings for drawings and originals of specifications of a type and form ac- ceptable to the City for the use of City in the re- production of said d r a w i ngs and specifications. 2. Architect shall assist City in the preparation of the usual construction contract documents. 3. Architect shall give any assistance required by City in obtaining proposals from contractors and shall make recommendations to assist City in awarding the con- struction contracts, including the evaluation and analysis of bids submitted for construction contracts based upon approved working drawings and specifications. 4. Architect shall prepare clarifying addenda during bidding, if required. 5. Architect shall review all shop drawings for archi- tectural, structural, mechanical and miscellaneous trades. 6. Architect shall provide technical direction to a project inspector employed by and responsible to City, as required by applicable law. 7. Architect expressly agrees to endeavor to, by his on- site observations, guard City against defects and deficiencies in the work. of the contractor, and shall immediately notify City of any defects or deficiencies which he may find or note, but does not guarantee the performance of said contractor nor his construction methods, techniques, sequences or procedures. 8. Architect-shall: provide general administration of the construction contract, including periodic inspections at the site as he may deem necessary and/or as required by City to render architectural interpretation, which is distinguished from the continuous personal inspection of the project inspector; make regular reports as may be required by applicable public agencies; keep City informed of the progress of construction; review schedules and shop drawings for compliance with design; review sub- stitution of materials, equipment and laboratory reports thereof, subject to the approval of City; recommend change orders for written approval of City; examine con- tractor's applications for payment; recommend payment in amounts approved by Architect; provide a color schedule of all materials in the project for City's review and approval; determine date of substantial completion; make final inspection of the project; assemble written guarantees, instruction books, diagrams and charts required of the contractor; and issue Architect's certificate of completion and final certificate for payment. Inasmuch as the contract for the actual work may be on a "bonus/damage" basis, Architect shall take such steps as may be necessary to expedite reviews and approvals to avoid delays to the contractor.. 9. Architect, as part of his basic: professional services, will provide advice to City on apparent deficiencies in construction following the acceptance of the work and prior to expiration of the guarantee period of the project, to assist the City in enforcing warranties or guarantees of any of the construction work. 10. After award of any construction contract, Architect shall advise City in writing of any change or changes necessary or desirable in the plans and specifications for the project, and Architect shall not order any con- struction contractor to make any changes affecting the construction contract price without written approval of City. 11. Architect shall perform his work hereunder, and exercise his best efforts to coordinate the work of others to the end that the work can be carried forth according to the proposed schedule of completion to be established by mutual agreement between City and Architect. 12. Architect shall prepare and furnish to City one set of "as-built" drawings based on the original working drawing tracings, showing changes made in the course of con- struction. 13. The Construction Phase will commence with the award of the Construction Contract and will terminate when archi- tect submits original As-Built plans to the City. III. ARCHITECT'S EXTRA SERVICES: The following Services shall be provided when authorized in writing by the City, and they shall be paid for by the City as herein provided. 1. Financial feasibility or other special studies. 20 Site evaluations, environmental studies or comparative studies of prospective sites. 3. Design services relative to future facilities, systems and equipment which are not intended to be constructed as .part of the Project. 4. The making of measured drawings of existing facilities or to verify the accuracy of drawings or other information furnished by the City. 5. Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 6. Preparing supporting data and other services in connection with Change Orders if the change is requested by the City and is a change of program or scope. 7. Consultation or professional services concerning re- placement of any work damaged by fire or other cause during construction. 8. Professional services made necessary by the default of the contractor or by major defects in the work of the contractor in the performance of the construction contract. 9. Construction Administration and observation of construction after the construction contract time has been exceeded or extended by more than 60 days through no fault of the Architect, excluding time extensions caused by inclement weather or strikes. 10. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 11. Providing services of professional consultants for other than the normal structural, mechanical, electrical engineering, landscaping, and interior design services for the project. _ 12. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. IV. TERMINATION: Architect shall complete f o u r of the five phases within six months of the signing of this agreement. The City shall have the right to suspend or abandon the project in whole or in part at any time and City shall have the right to terminate this agreement at any time upon 30 days written notice, whether before or after the six month com- pletion date, without any liability to the Architect other than for the payment of the amounts provided in this section. Upon termination of this agreement, on or before the six-month completion date, Architect shall be paid for the work accomplished. On the suspension or abandonment of the project, as a whole or in part, and the termination of this agreement, and the payment of the amount required to be paid, all completed drawings, specifications and estimates and other completed contract documents prepared under this agreement by Architect shall be forthwith transmitted to City and they shall be the sole property of City, subject, however, to the same restrictions on use as set forth herein. V. PROJECT CONSTRUCTION COSTS: The project construction costs shall be an approved estimate of construction cost to City as submitted by Architect, until such time as bids have been received whereupon it shall be the lowest responsible bid, plus any additive change order and/or alternates. The City reserves the right to employ an independent cost estimator to review and check Architect's estimates. Should a substantial difference exist between the two estimates, an average shall be used as the estimated construction cost. If the total of the low bid or bids for all portions of the work theretofore bid, plus the estimated construction cost of portions of the work not yet bid, at any time exceeds 110 of the approved estimate of construction costs, City reserves the right to require Architect at Architect's own expense to revise the plans, working drawings and specifi- cations as hereinabove set forth in such manner as will permit the securing of new bids on such portion, or total work, so that the total construction costs shall not exceed 1100 of the approved estimate of construction costs as submitted by Architecto If the Bidding Phase has not commenced within two (2) months after the Architect submits the Construction Documents to the City, the estimate of Construction Cost established as a condition of the Agreement shall be adjusted to reflect any change in the general level of prices which may have occurred in the construction industry for the area in which the Project is located. The adjustment shall reflect changes between the date of submission of the Construction Documents to the City and the date on which proposals are sought. VI. ARCHITECT'S COMPENSATION: f~ A. City agrees to pay Architect for basic services performed in the five phases of the renovation project a fee of $94,000. B. Payments of the Architect's basic services shall be made as follows: 1. An initial payment of $4,700 shall be made upon the execution of this Agreement. 2. Subsequent payments for Architect's services shall be made at the completion of each phase according to the following percentages of the total basin compensation: Pre-design Service and Site Development Study Phase - l00 Schematic Design Phase - 15% Design Development Phase - 40~ Construction Documents Phase - 80~ Construction Phase - 100% C. For Phase 5 a sum not to exceed twenty percent (20$) of the fee shall be payable in monthly payments as work pro- gresses provided that ten percent (10°s) of this 20~ shall not be paid until the project has been completed and accepted by City. D. For Architect's extra services, compensation shall be com- puted as follows: 1, Principals' time at the fixed rate of Forty-Five Dollars ($45) per hour: Frederick Liebhardt Eugene Weston, III Donald R. Goldman 2, Employees' time (other than Principals) at a multiple of (2.75) times the employees' Direct Personnel Expense. 3, Services of professional consultants at a multiple of (1.05) times the amount billed to the Architect for such services. E. If the Contract Time initially established in the Construc- tion Contract is exceeded by more than 60 days through no fault of the Architect, excluding extensions due to incle- ment weather. or strikes, compensation for Basic Services performed by Principals, Employees and Professional Con- sultants required to complete the Administration of the Construction Contract beyond the sixtieth day shall be computed as set forth in Paragraph D of this Section. VII. REIMBURSABLE EXPENDITURES: Any reimbursable expenditures made by Architect for the benefit of City must be authorized and approved by City. VIII. CITY'S RESPONSIBILITIES: The following information and assistance shall be furnished to Architect by City, at the City's own expense: A. A Project Representative, if necessary, will be retained by City. B. City shall provide full information as to the requirements and program of the project, including realistic budget limitations and scheduling for the economical and expe- ditious development of the project. C. City shall pay for a certified survey of the site, includ- ing grades and lines of streets, pavements, adjoining pro- perties, rights-of-way, restrictions, easements, boundary, zoning regulations and contours of the building site; loca- tions, dimensions and floor elevations of existing buildings, other improvements and trees, and full information as to available service and utility lines both public and private. D. City shall pay for all necessary traffic and parking re- search and consultation required for proper design of access to the site, internal automobile traffic flow, and parking arrangements. E. City agrees to furnish soil analysis and foundation recom- mendations, - 6 - F. City shall notify Architect of administrative procedures required and name representatives, if any, authorized to act on its behalf. G. City shall review documents submitted by Architect and shall promptly render decisions pertaining thereto, to avoid unreasonable delay in~the progress of the project. Architect shall observe the procedure of issuing any order to contractors only through City. IX. INDEb'iNIFICATION AND INSURANCE: Architect agrees to indemnify and hold City harmless from all claims and demands resulting from errors and omissions and negligent performance of Architect, including reasonable attorney's fees and court costs in the defense of any action. Architect agrees to carry the fol- . lowing insurances: A. Architect agrees to carry a policy of public liability in- surance of limits of $100,000.00 for any one person in any one accident, and $300,000.00 for any number of persons in any one accident, and a policy of property damage insurance in the sum of $50,000.00 which policy, or a true copy of said policy shall be deposited with the Director of Finance of the City of Chula Vista. B. Architect agrees to carry a professional liability insur- ance policy (error and omission insurance) in the sum of $500,000.00, which policy or a true copy of said policy shall be deposited with the Director of Finance of the City of Chula Vista prior to the commencement of work. C. Architect agrees to carry such amounts of Workmen's Com- e pensation Insurance as may be required by law. X. COPIES OF DOCUMENTS: Architect will furnish, at no cost to City, two copies of Phase 2 schematics, two copies of Phase 3 schematic design drawings and specifications, five copies of Phase 4 working drawings and specifications, and one copy of "as-built" drawings. Additional sets requested by City shall be a reimbursable expense and will be billed to the City at cost. XI. OWNERSHIP OF DOCUMENTS: The plans, drawings, specifications and estimates shall be and remain the property of the City of Chula Vista. City expressly agrees that said plans, drawings, specifications and estimates shall not be used on any other work, public or otherwise, except by and with the con- sent of Architect, and this agreement shall be carried out whether or not the work for which said plans, drawings, specifications and estimates is actually executed, carried out and completed. XII. AS-BUILT DOCUMENTS: As-built records shall be maintained on a current basis by the contractor and the inspector at the job site. At the conclusion of the work, all changes made during the course of construction shall be recorded on the original tracings by Architect and delivered to City. XIII. SUCCESSORS AND ASSIGNS: It is understood and agreed that this agreement shall be binding upon City and its successors and assigns, and upon Architect, its succes- sors and assigns. Pdeither this agreement nor any part thereof, nor any monies due or to become due thereunder, may be assigned by Architect - 7 - without the consent and approval of City. City may, however, assign and transfer its interest in this contract to any other agency or corpora- tion of its choice. Upon such assignee entering into a written agree- ment with Architect to be bound by all the terms and provisions hereof to the same extent as is City, such assignee shall be substituted in place of City hereunder and thereafter all references herein to City shall be deemed to be reference to such assignee and all references to City officials or representatives shall be deemed to be to the most comparable official or representative of the assignee. XIV. WARRANTIES: ~' Architect warrants: A. That the professional services to be furnished by it under this agreement shall be peformed by, or under the direction of duly licensed architects, or registered engineers, or experienced planners. B. That all drawings and specifications for the project shall conform to all state and local laws and codes. The City shall not direct Architect to proceed with work involving a violation of such laws and codes. XV. OTHER CONDITIONS OR SERVICES: A. Interior Design Services. 1. Inventory of Old Furniture: An itemized, numbered inventory of all furniture to be surveyed will be prepared. This will consist of a chart showing which items should be refurbished, re- placed or reused in present condition. Accompanying this chart will be a schedule showing current value of item, refurbishing cost (or replace- .. ment costs) and designated location. 2. Space Planning: Engage in conferences as required to establish direc- tion as to total conceptual design of the interior space in relationship to the architecture. Meet with the necessary personnel of the City to collect all available data necessary to space planning. Evaluate original survey and collected data to allo- cate open planning areas and enclosed areas. Determine space relationships.of all departments involved. Determine space relationships within the department. prepare preliminary layouts outlining all work sta- tions, enclosed office areas, conference spaces, storage, filing and workroom requirements. Engage in final conferences with City to review and make alterations agreed upon. 8 3. Furniture and Finish Selection: Determine proper system for office planning that meets budget requirements, space allocations, and work input. Design individual work systems - standardizing on item numbers where possible. As these would be assembled of component parts, possible alternatives would be shown. Isometric drawings of typical sta- tions will be included. Select all floor coverings. Select all interior finishes (paint schedules, wall- covering schedules, special details as required). Prepare elevations showing all finish schedules. Select all window treatments, Select and prepare all lighting fixture schedules with layouts. Prepare a descriptive and graphic presentation ade- quate to define the project, to include all material and finish samples as well as schedules for appropriate items. Provide for color coordination of all areas. 4. Specifications: Preparation of all documents required for the project suitable for bidding. This would be broken down in sections to facilitate participants in bidding either partial items or the entire package. An approximate breakdown of document categories would be, but not necessarily limited to: Furniture System Furniture Moveable Furniture Fixed Furniture Refurbishing Carpet Specifications Carpet Carpet Cushion if required Labor Hardware Resilient Flooring Specifications Material Labor Hardware Window Treatment Specifications Material Hardware Fabrication Cost Installation Cost Lighting treatment not included in architectural documents Wallcovering Specifications Material Labor Accessories Graphic arts Plants and Planters - 9 - 5. Supervision: On site supervision would be provided on a bi-monthly check in the initial phase of construction and on a weekly basis during the last three months prior to scheduled opening. On site supervision would also include trips to the job site as required in addition to those scheduled upon the request of the City, Project Coordinator, General Contractor, or Architect. A written report would be submitted after each visit. 6. One Year Follow Up: Prepare a punch list upon completion of the installs- tion by the successful bidder or bidders. Coordinate between City and Bidders any problems that might arise regarding warranties, etc. Determine that all furniture meets specifications and warranties. Meet with City on a monthly basis and submit a report with recommendations on all items discussed. B. Landscape Architecture which will include site work revi- sions consisting of demolition, new paving, covered walks, fountain, new and relocated lighting, and landscaping. Prepare preliminary design drawings for review and approval. Submit to the City a statement of probable cost. Prepare landscape planting, irrigation, paving, and lighting contract documents. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove set forth. THE CITY OF CHULA VI5TA ARCHITECT: LIEBHARDT, WESTON AND GOLDMAN !!. DONALD R. GOLDMAN Approved as to form by ~'~ City ttorney F .. l~ -