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HomeMy WebLinkAboutReso 90-1986 RESOLUTION NO. -90-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVA. AND EXECUTION OF AN ARCHITECTURAL SERVICES AGREEMENT FOR THE WESTBOROUGH PARK BUILDING PROJECT BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement entitled "Architectural Services Agreement" between the City of South San Francisco and Group 4/Architecture, Research and Planning, Inc. for the Westborough Park Building is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "l." 2. Execution of Agreement. The City Manager is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Fegular meeting held on the 14th day of May , 1986, by the following vote: AYES: NOES: Councilmembers Mark N. Addiego, JohF "Jack" Drago, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri Teglia None ABSENT: None EXHIBIT A: BASIC SERVICES ARCHITECT'S SERVICES AND RESPONSIBILITIES .. The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.4 and include normal structural, mechanical and elec- trical engineering services and landscape design. 1.0 CONSTRUCTION DOCUMENTS PHASE (6 Mont~s) 1.1 Based on the approved Preliminary Design Documents and any further ad- jusbnents in the scope or quality of the Project or in the Project budget authorized by the City, the Architect shall prepare, for approval by the City, Construction Documents consisting of Drawi~ngs and Specifications setting forth in detail the requirements for the construction of the Project. 1.2 The Architect shall assist the City in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the City and the Contractor. . m m 1.3 The Architect shall advise t~e City of any adjustments to previous Statements of Probable Construction Costs ildicated by changes in requirements or general market conditions. 1.4 The Architect shall assist the City in connection with the City's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.0 BIDDING PHASE (2 Months) 2.1 The Architect, following the City's approval of tile Construction Docu- ments and of the latest Statement of Probable Construction Cost, shall assist the City in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 3.0 CONSTRUCTION PHASE (7 Months) 3.1 The Contruction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Service:s under this Agreement, will terminate when final pa~anent to the Con- tractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substanti.al Completion of the Work, whichever occurs first. 3.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract For Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Constructio,, current as of the date of this Agreement. 3.3 The Architect shall be a representative of the City. during the Construc- tion Phase, and shall advise and consult with the City. Instructions to the. Contractor shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the City only to the extent .provided in the Con- tract Documents unless otherwise modified by written instrument in accordance with Subparagraph 3.16. 3.4 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwi se "agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check tke quality or quantit$, of the Work. On the basis of such on-site observations as an architect, the Architect shall keep the City informed of the progress and quality of the Work, and shall en- deavor to guard the City against defects and deficiencies in the Work of tile Contractor. 3.5 The Architect shall not .have cont-ol or charge of and shall not be responsible for construction means, methods, techniques, sequences or pro- cedures, or for safety precautions and prbgrams in connection with the Work, for the acts or omissions of the ContraCtor, Sub-contractors or any other persons performing any of the Work, or for! the failure of any of them to carry · out the Work in accordance with the Contract Documents. 3.6 The Architect shall at all times havle access to the Work wherever it is preparation or progress. 3.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amQunts, as pro- vided in the Contract Documents. 3.8 The issuance of a Certificate fo~.. Payment shall constitute a represen- tation by the Architect to the City, based on the Architect's observations at the site as provided in Subparagraph 3.4 and on the data comprising the Con- tractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for. conformance with the Contract Docu- ments upon Substantial Completion, to tile results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any spe- 'cific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in tile amount cert.~ified. However,.. the issuan..ce of a Certificatz for Payment sha~l not be a representation that the Architect has made any examination t~ asce-tain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum. 3.9 The Architect shall be the interpreter of the requirements of the Con- tract Documents and the judge of the performance thereunder by both the City and Contractor. The Architect shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written request of either the City or the Contractor, and shall render written dec~- sions, within a reasonable time, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 3.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable frgm the Contract Documents and shall be in written or graphic form. In tile capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the City and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. ~ 3.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of Ithe Contract Documents. The Archi- tect's decisions on any other claims, disputes or other matters, including those in question between City and the Contractor, shall be subject to arbi- tration as provided in this Agreement and in the Contract Documents. 3.12 The Architect shall have authority to reject work which does not conform to the Contract Documents. Whenever, ~n the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, installed or completed. 3.13 The Architect shall review or take other appropriate action upon the Contractor's Submittals such as Shop Draw:ngs, Product Data and Samples, but only for conformance with the design concept of the Work..and with the ~nfor- marion g~ven in the Contract Documents. Such action shall be taken with' reasonable promptness so as to cause no celay. The Architectts review of a specific item shall not indicate review of an assembly of..which the item is a component. -. 3.14 The Architect shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of tile Contract Time which are not inconsistent with the intent of the Contract Documents. ~ 3.15 The Architect shall conduct inspections to determine the. Dates of Sub- stantial Completion and final completion, shall receive and forward to the City for review written warrant~es and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. 3.16 The extent of the duties,.responsib~lities and limitations of authority of the Architect as the City's r~presentat've during construction shall not be modified or extended without written consent of the City, the Contractor and the Architect. i 4.0 PROJECT REPRESENTATION B~OND BASIC SERVICES 4.1 If the City and~Architect agree that more\ extensive representation at the site than is described in Paragraph 3.0 shall be provided, the Arch'itect shall provide', one or more Project Representative to assist the Architect in carrying out such responsibilities at the site. 4.2 Such Project Representatives shall" be selected, employed and directed by the Architect, and the Architect shall be compensated in addition to com- pensation for Basic Services, therefore"'as mutually agreed between the City and the Architect as set forth in an exhibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 4.3 Through the Observations by such Project Representatives the Architect shall endeavor to provide further protection for the City against defects and deficiencies and the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect · as described in' Paragraph 3.0. 5.0 ADDITIONAL SERVICES ~ The following Services are not incltded in Basic Services. They shall be provided if authorized or confirmed in writing by the City, and they shall be paid for by the City as provided in this Agreement, in addition to the compensation for Basic Services. 5.1 Providing financial feasibility or other special studies. 5.2 Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase. 5.3 Providing coordination of Work performed by separate contractors or by the C ity's own forces. 5.4 Providing services in connection wit.~ the work of a construction manager separate consultants retained by the CitY. or m 5.5 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quantity surveys or inventories of material, equipment and labor. 5.6 Providing services for planning tenant or rental spaces. 5.7 Making revisions in Drawings, Spec:fications or other documents when such revisions are inconsistent with written approvals or instructions pre- viously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Architect. 5.8 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjust- ment in the Basic Compensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Architect, provided, such Change Orders are required by causes not solely within the control of the. Architect. 5.9 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 5.10 Providing services made necessar'y by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of ,performance of either the City or Contractor under the Contract for Con- struction. 5.11 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, draw' ings and other data furnished by the Contractor to the Architect. 5.12 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, prepa- ration of operation and maintenahce manuals, training personnel for operation and maintenance, and consultation during operation. 5.13 Providing ~services after issuance to the City of the final Certificate for Payment,, or in the absence of a final Certifiicate for Payment, more than sixty days after the Dat~ oF Substantial Completion'-of the Work. 5.14 .. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding.~ Providing services made necessary by the default negligence or failure of performance of the Architect shall not be grounds for additional services or additional corn- pens at i on 5.15 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architec- tural practice. 5.16 Providing architectural services fo-building, equipment on site im- provements which exceed the Project scope of work described in Article 1 on Page 1 of this Agreement. " 5.17 Providing a scale model of the building. 5.18 .'Assisting the city in the selection of furniture. 5.19 Selection of furniture, preparation of documents for the bidding of furniture and administration of the installation of the furniture. EXHIBIT B: COMPENSATION The City shall compensate the Architect for the Scope of Services provided, in accordance with the Article 4, Method of Pa~nent, and the other Terms and Con- ditions of this Agreement, as follows: 1.0 BASIC COMPENSATION 1.1 For Basic Services, as described in Paragraph 1.0 through 5.0, and any other services as part of Basic Services, tasic Compensation shall be a Fixed Fee of Ninety Eight Thousand Dollars ($98,000.00). 1.2 The. Basic Compensation for each Phase shall equal the following amounts of the total Basic Compensation payable: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: $ 67,000. 6,000. 25,000. $ 98,000. 2.0 COMPENSATION FOR ADDITIONAL SERVICES 2.1 For Additional Services of the Architect, as described in 5.1 through 5.15 of Exhibit A, but excluding Adcitional Services of consultants, · Compensation shall be computed as follows: Principals' Time at a rate of Seventy-Five Dollars ($75.0~) per hour. The Architect's employees at a ~ultiple of two and three-quarters (2.75) times their Direct Personnel Expense (Direct Salary plus benefits cost). The maximum hourly fees shall not exceed the rates indicated below: Draftsperson Designer/Senior Project Staff Project Manager $20 - $45/hour $30 - $45/hour $40 - $60/hour 2.2 For the Additional Services described in Paragraph 5.17, compensation shall he a Stipulated Sum of~Three Thousand --ive Hundred Dollars ($3,500.00). 2.3 For the Additional Services described in Paragraph 5.18, compensation shall.be on ail hourly basis at the rates un.ter Paragraph 2.1. The maximum fee for this additional service shall be One Thousand Dollars ($1,000.~0). 2.4 For the Additional Services descri'bed in Paragraph 5.19, compensation shall be a Stipulated Sum of Four Thousan~d Dollars ($4,000.00). 2.5 For Additional Services of the Architect's Consultants, including addi- tional structural, mechanical and electrical engineering services, compensation shall be a multiple of one and five hundredths (1.05) times the amounts billed to the Architect for such services. 3.0 FOR REIMBURSABLE EXPENSES, such as reproduction, postage and handling, compensation shall be a multiple of one ard five hundredth (1.05) times the 'amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. 4.0 The City and the Architect Conditions o'F this Agreement that: agree in accordance with the Terms and If the Scope of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted.