Loading...
HomeMy WebLinkAboutR09-Public Works li ' CIO OF SAN BERNARD.ck' -REQUIlOT FOR COUNC61L4AcQoN From: ROGER G. HARDGRAVE Dept: Public Works/Engineering Date: 12- 27 -84 Su~Mrt: Authorization to Execute Agreement with Miralles Associates, Inc. -- Architectural Services for Construc. tion of a Community Center for the Bench Area Synopsis of Previous Council action: .. None Racommended motion: Adopt Resolution cc: John Matzer Jr., City Annie Ramos, Director Administrator Park & Rec ~ ~~~ Signature Contact person: Roger G. Hardgrave Supporting data attached: Staff Report & Agreement Ward: 5025 3 Phone: FUNDING REQUIREMENTS: Amount:.$26 - 32,000 Source: 1984-85 CDBG Finance: Council Notes: 75-0262 1)1/1;/ Agenda Item No. Rr . i.l.l CI9v OF SAN _RNARDio - REQUilT FOR COUNCIL AC~ON STAFF REPORT Proposals were received from 4 architectural firms to prepare the plans, specifi- cations and estimate for construction of a multi-purpose community center in Nicholson Park, at the northwest corner of Second Street and Meridian Avenue. .These 4 firms were: 1. Kurt Meyer Partners 2. Wolff/Lang/Christopher Architects, Inc. 3. Denny Jones, A.I.A. 4. Miralles Associates, Inc. Representatives from these firms were interviewed on 12-6-84, by a panel comprised of the following: 1. Jean Jones - Vice President, Bench Area Committee Association 2. Annie Graves - Treasurer, Bench Area Committee Association 3. Paul King - Member, Bench Area Committee Association 4. Wade Byars - Park and Recreation Commissioner 5. John Kramer - Director of Recreation 6. Roger G. Hardgrave - Director of Public Works/City Engineer Ken Henderson of the Redevelopment Agency was designated a member of the panel, but was unable to be present. The majority of the members of the panel selected Miralles Associates as being the best qualified to provide the necessary architectural services at this time. The proposed Agreement provides, in general, that Miralles Associates will provide the normal architectural services required for construction of this community center, for a fee of 8% of the construction cost. All of the architectural firms indicated the cost for construction would range from $65 - 80 per square foot. For a 5,000 square foot center, the cost would be in the range of $325,000 to $400,000. The Architect's fee will, therefore, be from $26,000 to $32,000. The proposal by Miralles Associates indicated a fee of 9-10%, but the Agreement has been neogotiated for a fee of 8%. An amount of $30,000 has been allocated in the 1984-85 Community Development Block Grant Program to finance the cost for architectural services. Funds to financ~'(/ the contract cost, construction engineering costs and contingencies, are to be 6 allocated in the 1985-86 CDBG Program. Two of the other proposals indicated a fee of 8%, while the third proposed a fixed fee of $30,000. The stipulated fee of 8% is consistent with the other firms submitting a proposal, and with normal practice in the construction industry. Therefore, we recommend that the Agreement be approved. 75-0264 o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " o o o 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION 2 OF AN AGREEMENT WITH MIRALLES ASSOCIATES, INC. RELATING TO PROVIDING ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A CO~IUNITY CENTER FOR THE BENCH 3 AREA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: . 5 6 SECTION 1. The "Mayor of the Ci ty of San Bernardi no is hereby authorized and directed to execute, on behalf of said City, an Agreement with Miralles Associates, Inc., providing architectural services for construction of a community center for the Bench Area, which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relat- ing thereto shall be implied or authorized. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and, Common Council of the City of San Bernardino at a 7 8 9 meeting thereof, held on the , 1985. by the fo'll owi ng vote, to-wit: day of AYES: Council Members NAYS: ABSENT: of The foregoing resolution is hereby approved this , 1985. day Mayor of the City of San Bernardino Aoproved as to form: 16- .J.L . . o o o o THE AMERICAN INSTITUTE OF ARCHITECTS " . AlA Document 8151 Abbreviated Form of Agreement Between Owner and Architect For Construction Projects of Umited Scope 1978 EDITION THIS DOCUMENT HAS IMPORTANT LECAL CONSEQUENCES; CONSULT AT/ON WITH AN ATTORNEY IS ENCOURACED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the fifth Hundred and eighty-four BETWEEN the Owner: The City of San Bernardino, City Hall 300 North "0" Street San Bernardino, CA92418 day of December in the year of Nineteen and the Architect: Miralles Associates, Inc. 729 West Woodbury Road Altadena, CA 91001 For the following Project: (Include detailed description of Project location and scope.) Approximately 5,000 sq. ft. community center to be located in Nicholson Park in the city of San Bernardino. The Owner and the Architect agree as set forth below. Copyright 1974, @ 1978 by The American Institute of Architects, 1735 New York Avenue, N.W.. Washington, D.C. 20006. Reproduction of the material herein or subs~ntial quotation of its provisions without permission of the AlA violates the copyrisht laws of the United States and will be subject to legal prosecution. AlA DOCUMENT ItS1 . ABBREVIATED OWNER.ARCHITECT AGREEMENT . JUNE 1978 EDITION . AlA_ @ 1978 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1978 1 ~VUTDTT nAil o o .I. L_~"L .... ,J o o Terms and Conditions of Agreement Between Owner and Architect ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBIUTIES The Architect's Basic Services are as described un- der the four Phases identified below and in Article 10, and unless otherwise provided in Article 10, include normal structural, mechanical and electri- cal engineering services. 1.1 DESIGN PHASE 1.1.1 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.2 Based on the mutually accepted program and Proj- ect budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents consisting of drawings and other documents appropriate for the Proj- ect, and shall submit to the Owner a Statement of Proba- ble Construction Cost. 1.2 CONSTRUCTION DOCUMENTS PHASE 1.2.1 Based on the approved Design Documents, the Ar- chitect shall prepare, for approval by the Owner, Con- struction Documents consisting of Drawings and Specifi- cations setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost. 1.2.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1.3 BIDDINC OR NECOTlATlON PHASE 1.3.1 Unless provided in Article 10, the Architect, fol- lowing the Owner's approval of the Construction Docu- ments and of the most recent Statement of Probable Con- struction Cost, shall assist the Owner in obtaining bids or negotiated proposals and in awarding contracts for con- struction. 1.4 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.4.1 The Construction Phase will commence with the award of the Contract for Construction and will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1.4.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AlA Docu- ment Al01, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.4.3 The Architect shall be a representative of the Owner during the Construction Phase, Instructions to the Contractor shall be forwarded through the Architect. 1.4.4 The Architect shall visit the site at intervals appro- priate to the stage of construction (U as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to deter- mine 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 the quality or quantity of the Work. On the basis of such on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.4.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs 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. 1.4.6 The Architect shall at all times have access to the Work wherever it is in preparation and progress. 1.4.7 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 Pay- ment, and shall issue Certificates for Payment in such amounts. 1.4.8 The issuance of a Certificate for Payment shall con- stitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.4.4 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated; the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Comple- tion, to the 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 specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a repre- sentation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.4.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor, and shall render written decisions on all claims, disputes and other matters in question between the Owner and the Contractor. In the capacity of inter- preter and judge, the Architect shall endeavor to secure faithful performance by both the Owner and the Con- tractor, shall not show partiality to either, and shall not be AlA DOCUMENT 1151 . ABBREVIATED OWNER-ARCHITECT AGREEMENT . JUNE 1978 EDITION . AlA@) (fl 1978. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1978 2 o o the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 Any Project budget or fixed limit of Construction Cost shall be adjusted to reflect any change in the general level of prices in the construction .industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is exceeded by the low- est bona fide bid or negotiated proposal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 7.2, or (4) coop- erate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), pro- vided a fixed limit of Construction Cost has been estab- lished as a condition of this Agreement, the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to comply with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Con- struction Phase is commenced. ARTICLE 4 PAYMENTS TO THE ARCHITECT 4.1 An initial payment as set forth in Paragraph 9.1 is the minimum payment under this Agreement. 4.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase. 4.3 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 9.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost. 4.4 Reimbursable Expenses include actual expenditures made by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in connection with out-of-town travel, authorized by the Owner, .2 long distance communications, .3 fees paid for securing approval of authorities hav- ing jurisdiction over the Project, .4 reproductions, .5 postage and handling of Drawings and Specifica- tions, .6 renderings and models requested by the Owner, .7 expense of overtime work requiring higher than regular rates, if authorized by the Owner, .B expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally i.l L o o carried by the Architect and the Architect's con- sultants. 4.5 Payments on account of the Architect's Additional Services and for Reimbursable Expenses as defined in Paragraph 4.4 shall be made monthly upon presentation of the Architect's statement of services rendered or ex- penses incurred. 4.6 No deductions shall be mad, from the Architect's compensation on account of sums withheld from pay- ments to contractors. 4.7 If the Project is suspended or abandoned in whole or in part 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 and all Termination Expenses as defined in Paragraph 7.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 5 OWNERSHIP AND USE OF DOCUMENTS 5.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and occupancy of the Project. The Draw- ings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for com- pletion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 5.2 Submission or distribution to meet official regula- tory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 6 ARBITRATION 6.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein. This Agreement to arbitrate and any agreement to arbi- trate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. AlA DOCUMENT IfS1 ABBREVIATED OWNER-ARCHITECT AGREEMENT . JUNE 1978 EDITION . AlA. o 1978 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-197B 4 IIh '~16 I . JL_ o o o o A1mCLE 9 IASIS OF COMPENSAnoN The Owner shall compensate the A1chitect for the Services provided. in accordance with Article 4, Payments to the Architect, and the other Terms and Conditions of this AlIreement, as follows: 9.1 AN INITIAL PAYMENT OF - none - dollars ($ 0.00 shall be made upon execution of this Agreement and credited to the Owner's account as k!lIows: . 9.2 BASIC COMPENSATION 9.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.4 or identified as such in Article 10, Basic Com- pensation shall be computed as follows: (,*,~ insrtl basis 01 compens.1:lion. includin, Mild amounts, mull/pies 01 pe,c~n~s, and iftnti#y PhaHs 10 which ~'fjcu'., rrwrltods 01 ~ p8u,ion wJy. il necessI'Y.) Compensation shall be based on a single, stipulated sum construction contract at eight percent (8%) of estimated construction cost. 9.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Ser- vices shall be made as provided in Subparagraph 4.2 so that Basic Compensation for each Phase shall equal the following percentages of the total Compensation payable: flnd_ any additional p#NJe$ ., .,.,opti,ale.} Schematic Phase Design Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: percent (15%) percent12ll%1 percent (45% I percent ( 5%) percent 115% I 9.3 FOR ADDITIONAL SERVICES provided under Paragraph 1.5 or identified as such in Article 10, compensation shall be computed as follows: (Ik,~ insertlMsis 01 ~nUlI;on; inc'udin, 'ales and/or mulriples 01 Oi,K1. Personne' E.pense lor P,inciIMb, coruultants vad emplOfHl. IdM. r;ly...,mc.",...fcon,u'..nlSinA"icle10,iI_i,ed.1 Standard hourly rates ( a multiple of two and a half times the direct personnel expense). 9.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of busi- ness of the Architect. fH6e iMelt any ,ale 01 Jn~SI."Hd upOII.) Standard prevailing rate. IUsury I~ MId NqUitemMlJ UttItk, die fe*,aI Tru,h in L.ndin, Act, sim;'., sl.re and local CO....slifne-r credit 'MIllS attd oth~ N,ulalions a' tile Owner's and Atchil<<t"s ptinci/M' piKeS 01 busirwss. 1M loation 01 1M ProjKI .,.d e'~re m.y alfect. 1M validity 01 I"is provision. 5pedfic legal Mlvia sItould bt abcaiMd wim respKf. 10 de/elion, modifolion, or olher rf'qUiremettts sur" .u wrllcen diwosures or .-ivers.' 9.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 9.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed mate nally, the amounts of compensation shall be equitably adjusted. 9.5.2 IF THE SERVICES covered by this Agreement have not been completed witllin twel ve (12 ) months of the date hereof, through no fault of the Architect, the amounts of comf1'!nsation, rates and multiples set forth herein shall be equitably adjusted. AlA DOCUMENT IU1 . AIIUVIATED OWNEI-AlCHITECT AClEEMENT . JUNE 1971 EDITION . A'- .1971. THE AMERICAN INSTITUTE Of AIOtITECTS. 17JS NEW YOlK AVENUE, N.W., WASHINGTON, 0.(" 2IIDDl 1151-1171 , ,., '0 o. o o AImCLE 10 OTHER C()NDITIONS OR SERVICES (Describe any services not. induded above which Me to be performed by the Architecl or Owner. Sr.te whether ser- vices to be provided by the Architect Me Basic Services or AddilkJnaJ Services.) 10.2 Design: Scope shall include the following item: .. Conduct three community meetings to determine the needs of lts members as they relate to the proposed structure. Thl. __ M..... ,," U "'......,....,..,.nO............ _ / ~ OWNER ARCHITECT ~~~ The City of San Bernardino Miralles Associates, Inc. 300 North "0" St.. City Hall 729 W. Woodbury Road San Bernardino, CA 92418 Altadena, CA 91001 AlA. DOOIMMf IU1 . AlllfVlATEO OWNu-AlCHrTECT AGREEMENT . JUNE 1971 EDIT10H . AJAe 7 ~~~;~ AMElIlCAN INSTITUTl Of AlCHmcrs, 1715 NEW YO. AI/lNUE, N.W" WASHINC1ON, o.c. .. Ao. c...A-.