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HomeMy WebLinkAbout01/03/1989, C-9 - ARCHITECTURAL SERVICES FOR THE CIVIC CENTER IMPROVEMENTS PROJECT - _ MEETING DATE: JAN. 3, 198 IIIIN�I I�IIIIIIIIIIIIII city of san turn oBispo ITEM NUMBER:&OF COUNCIL AGENDA REPORT � FROM: Toby Ross, Assistant Administrative Officer David F. Romero, Public Works Director PREPARED BY: Dave Elliott, Administrative An SUBJECT: Architectural Services for the Civic er Improvements Project CAO RECOMMENDATION Adopt the resolution entering into an agreement with Grant Pedersen Phillips Architects to provide architectural services for the civic center improvements project (programming step only) BACKGROUND At its meeting on December 6, 1988 the council authorized us to negotiate an agreement with Grant Pedersen Phillips Architects to provide architectural services for the civic center improvements project. The draft of that agreement is attached. SUMMARY OF THE AGREEMENT The agreement calls for the architect to perform.the work in eight consecutive steps (program- ming, conceptual design, schematic design, design development, construction documents, con- struction, furnishing, closeout). At this point, though, the agreement only authorizes work on the programming. The architect may proceed to subsequent steps only with council approval and execution of amendments citing scope of work and fees. The architect's programming tasks are: 1. Introduce the civic center improvements project to the Architectural Review Commission and review project objectives with the commission 2. Prepare a functional program which - describes current and possible future activities at city hall and its site - lists possible building and site improvements to accommodate selected activities and promote adopted building goals productive work environments, safe and energy-effi- cient spaces, a positive image for the city, and maximum service life - clearly differentiates between needed and desired improvements 3. Prepare four to six alternative architectural programs showing different site arrange- ments, building sizes, phasing strategies, improvement levels and construction/furnishing costs. 4. Prepare sketches of site plans and building configurations depicting the alternative architectural programs 5. Compare the advantages, disadvantages and feasibility of each alternative architectural program 6. Present the findings and products of the first five tasks to the council 7. Obtain council approval of one architectural program and authority to proceed with conceptual design The architect must complete the first five programming tasks within seven weeks. We hope to present alternative architectural programs to the council at a study session in late February. i i��ii City of sari tins OBISPO Me ACOUNCIL AGENDA REPORT h' Architectural Services for the Civic Center Improvements Project. page 2 FISCAL IMPACT The fee for the programming step is $25,000.00. The CIP allocated $60,000 for the study phase of this project. $9,000.00 of that went for preparation of the facilities master plan, leav- ing $51,000.00 available. STAFF RECOMMENDATION Adopt the resolution entering into an agreement with Grant Pedersen Phillips Architects to provide architectural services for the civic center improvements project (programming step only) attach; resolution draft agreement I RESOLUTION NO. (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENTERING INTO AN AGREEMENT WITH GRANT PEDERSEN PHILLIPS ARCHITECTS TO PROVIDE ARCHITECTURAL SERVICES FOR THE CMC CENTER IMPROVEMENTS PROJECT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To enter into an agreement with Grant Pedersen Phillips Architects titled "Agreement - Architectural Services for the Civic Center Improvements Project". 2. To authorize the mayor to execute the agreement for the city. 3. To direct the city clerk to furnish copies of this executed resolution and the fully executed agreement to finance department, public works department and: Grant Pedersen Phillips Architects 1435 Anacapa Street Santa Barbara, CA 93101 ATTN: Fred Sweeney . On motion of seconded by and on the following roll call vote: C AYES:- NOES: YES:NOES: ABSENT: the foregoing resolution was passed and adopted this day of . 1989. Mayor Ron Dunin Attest: CityClerk Pamela Voges ssssassss 4. Approved City Ad ;tive' Of ' City Corney i ce Dr Public Works Director AGREEMENT ARCHITECTURAL SERVICES FOR THE CIVIC CENTER IMPROVEMENTS PROJECT This agreement is made this _ day of , 1989 by and between the City of San Luis Obispo ("the City") and Grant Pedersen Phillips Architects ("the Architect"). SECTION I. RECITALS The City and the Architect recognize and acknowledge the following circumstances. A. The San Luis Obispo City Facilities Master Plan adopted by the City Council recom- mends that the City build a 28,000-38,000 square foot office building on the site next to city hall occupied by the old city/county library building, which will be vacated in spring 1989. B. Along with a new office building the City anticipates other related civic center con- struction such as renovating the existing city hall office building, building various site improvements and relocating the bus transfer point. C. All civic center improvements must respect and fit the historical, cultural and architec- tural context of the civic center, which is defined as the properties facing or related to the three block stretch of Palm Street between Santa Rosa and Chorro Streets. D. The City needs professional architectural services to 1) prepare alternative architec- tural programs and 2) prepare designs and construction documents for a selected program if the City elects to proceed with those steps. E. The Architect has demonstrated through its written rdsumd and subsequent oral interview that it has the best combination of qualifications, experience and resources for perform- ing the needed architectural services. SECTION II. GENERAL STIPULATIONS A. PROJECT STAFF 1. The City's Project Manager. The City's project manager shall be David Elliott, who shall represent the City for all purposes under this agreement, supervise the progress and execution of this agreement, and approve all work products submitted by the Archi- tect. 2. The Architect's Project Architect. The Architect's project .architect shall be Fred Sweeney, who shall represent the Architect for all purposes under this agreement and shall supervise the day-to-day project work, work closely with and report to the City's project manager, make necessary presentations to the Planning Commission, t Agreement -Architectural Services for the Civic Center Improvements Project C% page 2 Architectural Review Commission and City Council, and stay with the project from start to finish. The Architect's project architect shall not change without the City's prior written approval. 3. Subcontractors. The Architect shaft retain the following subcontractors which are approved by the City: a. Structural Engineering: Peter W. Ehlen & Associates 1119 Garden Street Santa Barbara, CA 93101 Peter Ehlen, Principal b. Mechanical Engineering: Archer-Spencer Engineering Associates, Inc. 1505 Chapala Street Santa Barbara, CA 93010 James McKenzie, Chief Mechanical Engineer c. Electrical Engineering: Archer-Spencer Engineering Associates, Inc. 1505 Chapala Street Santa Barbara, CA 93010 Mas Okamoto, Chief Electrical Engineer d. Civil Engineering: Penfield & Smith, Civil Engineers 111 East Victoria Street (P.O. Box 98) Santa Barbara, CA 93102 Kenneth Kules, Land Development Engineer e. Landscape Architecture: SEDES 849 Monterey Street San Luis Obispo, CA 93401 David Foote, Principal The Architect shall not change subcontractors or retain additional subcontractors with- out the City's prior written approval. B. THE ARCHITECTS DUTIES AND RESPONSIBILITIES 1. Work to be Performed. The Architect shall perform all the work particularly de- scribed in Section III of this agreement.. 2. Laws to be Observed. The Architect shalt a. procure all .permits and licenses, pay all charges and fees, and give all notices which may be necessary to lawfully perform the work required under this agreement Agreement - Architectural Services for the Civic Center Improvements Project " page 3 b. keep itself fully informed of all existing and proposed federal, state and local laws and regulations which may affect its performance under this agreement c. at all times comply with and cause allof its employees and subcontractors to com- ply with all applicable laws and regulations d. immediately report to the City's project manager in writing any discrepancy or inconsistency it discovers in applicable laws and regulations which may affect its performance under this agreement, particularly its preparation of construction documents. 3. Release of Work Products. Any reports, plans, specifications or other work products received or prepared by the Architect under this agreement shall be the property of the City and shall not be released by the Architect to any individual or organization without prior written approval of the City's project manager. 4. Copies of Work Products. If the City requests additional copies of reports, plans, specifications or other work products beyond what the Architect must furnish in speci- fied quantities as part of its work under this agreement, the Architect shall provide the additional copies requested, and the. City shall reimburse the Architect for its direct costs to prepare the copies. 5. Quality of Work. The Architect shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all work performed by the Architect and its subcontractors under this agreement. Without additional compensa- tion the Architect shall ensure correction of any errors, omissions or other deficien- cies in its work or its subcontractors' work. The City's approval of work or payment for work shall not relieve the Architect of its responsibility for the quality of all work performed under this agreement. The City's approval of work or payment for work shall not be construed as a waiver of the City's rights or the Architect's responsibi- lities under this agreement. 6. Accuracy of Final Construction Cost Estimate. The Architect shall be responsible for the accuracy of the final construction cost estimate completed in the construction documents step. If the lowest responsible and acceptable bid on the construction con- tract exceeds the final construction cost estimate (including contingencies) by more than five percent, the City may require the Architect to revise without additional compensation the construction drawings and specifications so that subsequent construc- tion contract bids do not exceed the final construction cost estimate (including con- tingencies) by more than five percent. If the City requires the Architect to revise construction drawings and specifications, the City shall cooperate in recommending and accepting project modifications and deletions. 7. The Architect's Liability. The Architect shall be liable under applicable law for all damages to the City caused by the negligence, errors, omissions or deficiencies of the Architect or its agents, officers, employees or subcontractors. The Architect shall not be liable for damages caused by negligence, errors, omissions, or deficien- cies attributable to the City. .The Architect shall not be liable for a) the City's use of incomplete work products b) the City's modifications to work products or c) the City's use of work products for a project other than the project contemplated in this agreement. The Architect shall not be responsible for delays in the project's pro- gress caused by circumstances beyond The Architect's control. I i Agreement -Architectural Services for the Civic Center Improvements Project i page 4 a. Errors, Omissions and Deficiencies. "Errors, omissions, and deficiencies" shall be defined as instances of failure to meet standards of practice normally observed in performing similar professional services. Nothing contained in this agreement shall expand or increase the responsibilities of the Architect beyond the responsibility imposed by law.. C. THE CITY'S DUTIES AND RESPONSIBILITIES 1. General Duties and Cooperation. The City shall coSperate with the Architect to a reasonable extent in order to help the Architect complete all the work described in this agreement. The City shall take the lead role during the construction, furnishing and closeout phases.. 2. Work to be Performed. The City shall conduct site surveys, contract for soils analy- sis, contract for materials testing, apply for all required reviews and permits, com- pile and distribute invitations to bid, issue purchase orders for the furnishings procurement, inspect building construction, and inspect the furnishings installation. D. AUTHORITY TO PROCEED 1. Phased Completion. The Architect shall conduct its work in the following consecu- tive steps- programming, conceptual design, schematic design, design development, construction documents, construction, furnishing, and closeout. Section III of this agreement presents the scope of work and fees for these steps. 2. Programming. The Architect may proceed with programming upon receiving written authorization from the City's project manager. 3. Conceptual Design through Closeout. The Architect may proceed with successive steps upon receiving written authorization from the City's project manager. This authoriza- tion shall be based on approval by the City Council of the preceding steps, successful negotiation of scope of work and fees, and execution of an amendment to this agreement citing scope of work and fees. E. TIME FOR COMPLETION OF WORK I. Time Specified. The Architect shall complete each step or portion of a step within the time specified in Section III of this agreement. 2. Time Extensions. The Architect may apply to the City for time extensions needed because of delays caused by circumstances beyond the Architect's control. The City's project manager must approve any time extensions in writing. After receiving a time extension for a step or portion of a step, the Architect. shall not earn a bonus for early completion of that step or portion of a step. - 9 47 r-, Agreement - Architectural Services for the Civic Center Improvements Project page 5 F. TERMINATION 1. Right to Terminate. The City and the Architect retain the right to unilaterally terminate this agreement for any reason by notification_ in writing, 14 days before termination. 2. Compensation after Termination. If this agreement is terminated by the City, the City shall pay the Architect an amount equal to the total compensation due for all work completed less any progress payments. If this agreement is terminated by the Architect or because of the Architect's default, the City shall pay the Architect only for the portion of the Architect's work which benefits the City. If the City and the Architect cannot agree on the amount of final compensation after termination, they shall mutually appoint an arbiter, who shall make a final decision, binding upon both the City and the Architect. 3. Surrender of Work Products upon Termination. Upon termination the Architect shall immediately surrender to the City any reports, plans, specifications or other work products, completed or not, which have been received or prepared by the Architect under this agreement. In order to receive these work products, the City shall have paid the Architect reasonable compensation for them. Such work products shall become the City's permanent property. The Architect shall not be liable for a) the City's use of incomplete work products b) the City's modifications to work products or c) the -- l City's use of work products for a.project other than the project contemplated in this agreement. G. INSPECTION OF WORK AND MATERIALS The Architect shall furnish the City with every reasonable opportunity for the City to determine that the Architect is performing its services according to the requirements and intentions of this agreement. All work performed and all materials furnished shall be subject to inspection and approval of the City's project manager. Inspection and approval of work performed and materials furnished shall not relieve the Architect of any obliga- tions under this agreement, H. OWNERSHIP OF MATERIALS All original reports, plans, specifications and other work products prepared or received by the Architect under this agreement shall become the City's permanent property and shall be delivered to the City on demand, provided the City has paid the stipulated fee for completion of the work products. 1. INDEPENDENT JUDGMENT Failure of the City to agree in judgment with the Architect's independent findings, conclu- sions, or recommendations as required under this agreement shall not be construed as a failure of the Architect to perform the work required. Agreement - Architectural Services for the Civic Center Improvements Project 1 page 6 J. ASSIGNMENT The Architect shall not assign this agreement to another party without the City's prior written consent. The Architect shall not assign work under this agreement to subcontrac- tors other than those listed in paragraph A of this section without the City's prior writ= ten consent. K. NOTICES All notices required under this agreement shall be given in writing and submitted by certi- fied mail, postage prepaid and addressed as follows: To the City- City Clerk City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403-8100 A=. David Elliott To the Architect: Grant Pedersen.Phillips Architects � 1435 Anacapa Street Santa Barbara, CA 93101 ATTN. Fred Sweeney L INDEMNITY The Architect shall defend, indemnify, protect and hold harmless the City and its agents, officers and employees from and against any and all claims asserted or liability estab= lished for damages or injuries to any person or property, including injury to the Archi- tect's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Architect and its agents, officers or employees in performing the work under this agreement, and all expenses of investigating and defending against such claims or liability. The Architect's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City and its agents, officers and employees. M. WORKERS COMPENSATION The Architect shall be aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers compensation or to undertake self-insurance according to the provisions of that code and shall comply with those provisions before performing work under this agreement. Agreement - Architectural Services for the Civic Center Improvements Project page 7 N. INSURANCE 1. Public Liability and Property Damage. The Architect shall pay for and maintain public liability and property damage insurance which shall protect the City and its employees against loss from liability imposed by law from damages on account of bodily injury, including death resulting from bodily injury, suffered or alleged to have been suffered by any person, resulting directly or indirectly from the negligent actions (other than professional errors, omissions and deficiencies) of the Architect or any subcontractor to the Architect. This insurance shall also protect the City and its employees against loss from liability arising out of the use and operation of automobiles, trucks, and other mobile equipment. All required public liability and property damage insurance shall run for the period of performance under this agreement. The amounts of this insurance coverage shall not be less than the following: public liability - $1,000,000 single limit property damage - $1,000,000 single limit 2. Professional Errors and Omissions. The Architect shall pay for and maintain pro- fessional errors and omissions insurance in the amount of $100,000 minimum which shall protect the City and its employees against loss from liability imposed by law from damages on account of the Architect's professional errors, omissions and deficiencies. - O. ENFORCEMENT COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to en- force the terms of this agreement may recover from the other party its reasonable costs and attorney's fees spent in connection with such an action. P. ENTIRETY AND INTEGRITY OF AGREEMENT This document represents the entire and integrated agreement between the City and the Architect and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, executed by both the City and the Architect. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. SECTION III. SCOPE OF THE ARCHITECTS WORK A. GENERAL 1. The Architect shall conduct its work in the following consecutive steps: program- ming, conceptual design, schematic design, design development, construction documents, construction, furnishing, and closeout. �• Agreement - Architectural Services for the Civic Center Improvements Project page 8 2. The scope of work and fee for conceptual design shall be incorporated into this agreement by written amendment after completion of programming if the City elects to proceed with that step. 3. The scope of work and fees for schematic design and design development shall be incorporated into this agreement by written amendment after completion of conceptual design if the City elects to proceed with those steps. 4. The scope of work and fees for construction documents through closeout shall be incorporated into this agreement by written amendment after completion of design devel- opment if the City elects to proceed with those steps. B. PROGRAMMING 1. Tasks a. Introduce the civic center improvements project to the Architectural Review Commission and review project objectives with the commission b. Prepare a functional program which (1) describes current and possible future activities at city hall and its site (2) lists possible building and site improvements to accommodate selected activities and promote adopted building goals: productive work environments, C' safe and energy-efficient spaces, a positive image for the city, and maximum service life (3) clearly differentiates between needed and desired improvements c. Prepare four to six alternative architectural programs showing different site arrangements, building sizes, phasing strategies, improvement levels and construction/furnishing costs d. Prepare sketches of site plans and building configurations depicting the alternative architectural programs e. Compare the advantages, disadvantages and feasibility of each alternative architectural program f. Present the findings and products of tasks a through a to the City Council g. Obtain City Council approval of one architectural program and authority to proceed with conceptual design 2. Required Meetings in San Luis Obispo a. Site inspections b. Interviews with building users c. Meetings with the City's project manager/building committee d. One Architectural Review Commission meeting e. One City Council meeting 3. Compensation a. Fee: $25,000.00 plus$650.00 for each additional City Council or commission meet- ing not listed in Section HI.B.2 b. Progress Payments. By completing tasks a through f the Architect shall earn $22,000.00. By completing task g the Architect shall earn $3,000.00. No oftener than once each month the Architect may submit a progress payment request for pro- gramming work completed. Before a progress payment request may be submitted, the C — // Agreement - Architectural Services for the Civic Center Improvements Project page 9 Architect's project architect and the City's project manager shall agree on the percentage of the programming completed and the fee earned. Within 14 days of receiving a progress payment request the City shall issue payment for the fee earned. 4. Time for Completion a. Tasks a,b,c d and e: 49 calendar days after the Architect receives written authorization to proceed from the City's project manager b. Tasks f and g: as scheduled This agreement is executed by the following authorized representatives: FOR THE ARCHITECT: FOR THE CITY: Mayor date date Attest_: City Clerk