HomeMy WebLinkAboutAgenda Report - December 20, 1989 (75)CrCITY OF LOa`_,
Y,
PUBLIC WORKS DEPARTMENT
T0: City Council
FROM: City Mdnager
MEETING DATE: December 20, 1983
COUNCIL COMMUNICATION
AGENDA TITLE: Contract Agreement for Providing Construction Coordination for
Citv Hall Addition, 221 West Pine Siret
RECOMMENDED ACTION: That the City Council authorize the City Manager to
execute an agreement between Yorris and Wenell Architects and Planners Inc.
and the City of Lodi for providing the construction coordination for the City
Hall addition construction project.
BACZ-200D INFORMATION: The work to be included under this contract is
outlined in Section 2.6 of the attached American Institute of Architects
(AIA) document. In addition, the work will also include weekly construction
meetings with the contractor, subcontractors, Public Works Inspector,
Building Inspection Official, and the City's representative,
Under the existing Hutchins Street Square Senior Complex contract, the City
paid the architect for these weekly construction meetings as an additional
service. The meetings were found to be very beneficial in keeping the
project on schedule and resolving most problems at an early stage. Morris
and Wenell is the firm providing the service on the Hutchins Street Square
project, so they are familiar with this format,
The City has retsined Morris and Wenell on a t'i'me -and -material basis to
provide a "buildability" and "cons tructabi li ty" review of the construction
documents for the City Hall addition. Therefore, Morris and Wenell is
already familiar with the contract documents for this project.
The architect estimates that the City Hall addition will take approximately
nine months to complete. The construction coordination to be provided by
Morris and Wenell will be billed an a time -and -material basis with a maximum
monthly payment not to exceed $3,200. The actual costs of this same service
for the Hutchins Street Square project are running between $ 2,500 and $3,000
per mocth. Therefore, it is estimated that this service will cost the City
$23,000 as a minimum and $28,000 as a maximum.
The City Attorney will prepare the formal agreement which will include the
above data.
1
Jac L. Rcnsko
ubl'c 'Works Director bcc: Building & Equipment Maintenance Supt.
Morris & Wenell
Attachment City Attorney
APPROVED:
nager
FILE NO.
CCITYHA3/TXTW.02M December 13, 1989
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECTS RESPONSIBILITIES
1.1 ARCH R&H•
WN
1.1,1 c t cct s servicc� consLs • servicesper-
lurnicd by the Arce
hitct. Architect's cmplogrc. d A.rchitcct's
cun:ultant.:r cnumeratcJ in Anicks 3 ar.J i is Agrccn1cnt
and any otht r sen•iccs included in ARi
schedule or cutnsx
foInn .
tuner, Iksign Ikwelopment IAr-•umcnis
ststing of diiwinp and other di x.uments to fix :asci Jc:scritx:
harxt T of the Pnsjert as to architccturl, sero('•
turas. mcc u I ' - l sv:stems. materials. and such
other clement:: as may be app
2.3.2 Thr Architect shall advise y adiuslmcnu;
its the nrelirt.inury instruction (;Dart
1.1.2 The Architect's -A.-rvi1-1--WMVqTFperformcdl :Ls expedii• _J#00w'-M. NSTR1JCT1ON DOCUMENTS PHASE
tiously cr
is consistent w' c e)nal skill and rare and the qQ
orderly programs :,h
I 1pon request of the Owner. the •velopmrnt D;xu•
Ante' ect •hal Owner's approval a schedule for menta and any fuRher adjustment\ in [ ua"' of
the fa hitect's services which ma: hr the Pn)ject U( in the,>nstroction budget authorize y the
adi he Pcdls. and shall include allowmces Owner. the Architect shall prepare caner.
for xis of tifor the Owner's review and for
Construction Ikxum () Dtawingsand Sfxcifit:l
a val of submuthorities hav-ng lurisdiction oder tions sectitl coil the rcquircmen�; for the construe
th r' dole
-approved iia rojeet.
by t ee der! rchitect shall assist the Ow ner in the preparation of,
h. a Architect or C)wncr. the ratter idding frames, the Condi
t. The —14101011L I
scnitrs covered by this Agreement a ct to tions of the Contract, and the loan between the.
th a limitations contained in Subpar 1 • Ow rare and Contractor.
COPE f ECTS BASIC SERVICES
2. ON
2 e Architect's Basic Services consist of those described
in n sen ices idemifted
in inormal strut-
tu mechanical and elrctri(sl engineering
I
SCHEMATIC DESIGN PHASE
The Architect sh1h review n fumished by the
O er to asct:rtain'the is of the Project and shall
ata mutual un g of such requirements with the
ModMitect shall provide a preliminary evaluation of
.'s program. schedule and construction budget
intents. each in tcrTns of the other. subject tc the iirnita-
set forth in Subparagraph 5.3.1.
Owner alternative
jI Based on the mutually 2grrcd•upon progn. schedule
f construction budget n-quirements. the &KhCa shall
)arc. for approval by the Owner. . gn Doc •l-
its consisting of dawings an a mems illustrating
scall and relationship components.
The ArCb submit to the Owner a prelimin:
t>�t
to r'uc'tion Cust !rased un current area, volume
DESIGN DEVELOPMENT PHASE
2.4.3 The Archit ME' W cr of any .dtustr
to p � atan estimates of Construction Cwt
stn requirements or general market condi
2.4.4 The Architect s•
th►_ Owner's tesponsib•::ity for flliitg dCaa
the approval of governmental authorities
over the Project.
2.5 OR NEGOTIATION PHASE
roval of the
Construction Documents and of Ysi.LC
of Construction Cost, shall assist" bids
2.6 CONSTRUCTION PHASE— :DMINISTRATION
OF THE CONSTRUCTION CONTPACT
2.6.1 The Architect's r--=nsibiliry to provide Basic Services
for the Construction Phase under this Agreinnent commences
with the award of the Contract for Construction and te,Tninstes
at the earlier of the issuance to the Owner of the final Cmif)ate
for P2%ment or( 0 days after the date of Substantial Completion
of the Work, unless extended under the terms of Subparagraph
10-3 -3.
2.6.2 The Architect shall provide administration of the Con-
tract for Construction as set forh below and to the edition of
AIA Document A -MI, Genend Conditions of the Contract for
Construction. current as of the date of this Agreement, unlet,
otherwise pmvided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of the
Arehum shall not be restricted. modifird ur extended withow
written agreement of the Owner and Architect with consent of
the Contractor. which consent shall not he unreisonabh'
withheld.
ALA DOCUMENT 6141 • OWNER.AKCHITELT AGREEMENT • FUI'RTEE.%nt EUtTio", • AIA, • C;fw- 6141-1981
T11& ALIFB1"N INSTITt'TE OF ARCHITECTS. 1"4, NF11' YORk AVENt:L..:1d.. )d'A�111N1,TC)N. U C. 2111MX.
r"'ts
ct shall be a rcpresencatiyc of and shall advise
and consult with the Owner (1) during construction until final
payment to the Contractor is due, and ('_) as an Ads;itional Ser-
vice at the Owner's direction from time to time during the cor-
rctxion period described in the Contract for Construction. The
Architect sh2tl have authority to act on behalf of the Owner
only to the extent provided in this Agreement unless otherwise
modified by written instrument.
26.5 The Architect shall visit the site at intervals appropriate
to the stage of construction er as otherwise agrKd by the
Owner and Architect is writing to become generally familiar
with the progress and quality of the Work compdacd and to
determirie in general if the Work is being performed in a man-
ner indicating that the Work whm completed will be in accor-
dance with the Contract Documents.
On
tate basis of on-site observations 2; an architect, the Architect
shall keep the Owner informed of the progress and gm4iry cf
the Work. and shall endeavor to guard the Owncr against
defects and deficiencies in the Work. (.Yore errensit•e site
representation »tap be agreed to as an AdWhonal Semice, as
described in Paragraph 3.Z)
26.6 The Architect shall nuc have control over or charge of
and sh211 not be responsible 'for construction means, methods,
techniques, sequences or procedures, or for safcry precautions
and programs b connection with the Work, since these art
solely the Contractor's responsibility tinder the Contract for
Construction. The Architect shall not be responsible for the
'sschedules or failure to cam out the Fork in accor-
dance with the Contract Documents. The Architect shall not
have ombmlover crcharge ofacts oradssiasofthe Contrac.
tor, Subcontractors. or ti-eir agents a emplo%.c-s. or of my
other persons performing portions cf the Work.
2.6.7 The Architect shall at all times have access to the Work
wherever it is in prcpuration a• progress.
2.6.8 Except 2s m y othrrwjse be pro%ldcd in the Contract
Documents or when direct communications have been .spc-
cWly authorized. the Owner and Contractor shall communicate
through the Architect, Communications by and with the Archb
teet's consultants shall be through the Architect.
26.9 Based on the Architect's ohsen•acions and evaluations of
the C.ontranor's Applications fn Payment, the Architect shall
review 2nd Certify the IatrLs due the Contractor.
2.6.10 The Architect's certiflCStiUn for payment sh:dl consti-
tute a repras=mtion to the Ovmcr. trlstd on the Architect's
ohscrvark)w at the site as provided in SuhpiraWaph 1.0.5 and
on the data comprising the U)ntrtctor's Application for Pay-
ment, that the Work has pnogrt:�srd to the lxiint ioLicated and
that. to the best of the Architect's knowledge, infornution and
heljcf. quality of the Work is in accordance with the Contract
Documents. The fore gt:3n}t rcprc entativns ort subject to an
evaluation of the Work for conformance with the Contmo
Dc1t'umenls upon Substantial Completion, to re -sults o f suh..sc-
qucnt tests and irtspcLtiores. to minor deviations from the Con-
tetct Dticumrnts correctable prior to compiction and to s-
cific qu dlfiiattions exprm%ed h%- the Architect. The m-alanc'e tut a
Ccnifcatc for P.tyment shell funhcr constitute a repmscntatiun
that the C ontractor is entitled to payment to the amount ct
Pied.} lows er, thc-vAU:Lnt.Y of a t eniticatc fur Pr •mc71t shall
not he a rpm-scntation IIt i ctt his i 1) matk• exhaus-
tive or out on-site insix-ctiom the gttaiiry or
t-ry of the Work, (2) mrocwed construction. man �th-
o ds, me txnces or procedures, (3 topics
of requisitions receive bcont rs and taatetral sup-
pliers and other data request - wrier to substantiate
the Contractor's nigh yment or (4} 2.• how or for
what purix Contractor has used money Prev paid
on acaxmt of the Contract Sum.
2-6.11 The Architect shall have authority to reject Work which
docs not confoatt to the Contract D<xtinents. Whenever the
Architect considers it necessary or advisable for implementa-
tion afthe intent cf the Contract Documents, the Architect will
have authorin• to require additional inspection ortesting cfthe
Work in accordance with the provisions of the Contra Docu-
ments, whether or not such Work is fabricated, installed or
completed. However, ncithcr this authority of the Architect nor
a decision made in good faith either to exercise a: not to exer-
cise such authority shall give rise to a duty or responsfbUin• cf
the Architect to the Contractor, Subcontr2aors, material and
equipment suppliers, their agents or cmpio}'ccs or other per-
soiv performing portions cf the Work.
26.12 The Architect dealt review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples. but only for the limited
purpose of checking for conformance with iriformation given
and the design concept expressed in the Contract Documents.
The Architect's action shall be taken v6ith such reasonable
promptness as to cause no delay ii the Work or in the con-
struction of the owner or of separate contractors, while 8�—
ing sufficient time in the Architects professional judgment to
permit adequate review: Review cf such submittals is not con.
ducted for the purpose cf determining' the accuracy aid com-
pinenes5 cf other details such as dimensions and quantities or
for substantiating instrucdotzs for insmll2don orpetlormarice o f
equipment orsynems designed by the Contractor, all cf which
remain the responsibiiin- of the Contactor to the extent
required by the Contract Documents. The Architect's tc icor
shall not constitute approval ofsafecy precautions a: units
rxhcrwisc specifically stated by the Architect, cf construction
mare. methods. techniques. sequences or procedures. The
Architect's approval of a spctitic item skull rat: indicate
approval of an assembly of which the item is a component.
When profc-isiortal ccrtifirrtion of performance chmr Tc-ristics
of materials, systems or equiprnmr, is rrquircd by the Contract
Documents, the Architect shrill be entitled to rely upon such
ccrtifiesdon to establish that the materials. systems or equip-
ment will meet the performance cnterta required by the Con-
tract Documcm1 .
2.6.13 The Architect shall prepare Ch2ngc Orders and Con-
struction Change Directives, with supporting documentation
and data if deemed nm)nmry by the Architett as provided in
Subparagraphs 3. 1.1 and 3.3.3. for the Owner's app"wal and
execution in accordance with the Contract Doc-umcrlts. and
may authorat nitnor changes in the Work not involving =
adjustment in the C:.cintract Sum or an extension of the Contract
Time which are not inconsistcnr with the intent of the C: `ntntc� ��
Dtxvmcnts. All ».,r-�� c C,.t .fie - o�
2.6,14 The Architect shall conduct in<pec'tiuns to determine
the date or Latus of Substantial Completion and the tlatc of final
completion. shall mvivc and forward to the Owner for the
Owncr's ttvitv., and records wnncn warnultics and related
dtxumcm,; required by the Contract 1)(K-unwrlts and :tss m-
hled by 'tic C:r, ntracior, and shall issue a final Certificate for Y w-
mcni upon omipiiance with the requirements of the C:ootract
lkxvmcnts.
AIA DOCUMENT 11141 • OWNER -ARCHITECT AGREEMENT • FOtir.TEENTH EE TION • Alk- • 01•x(7
3 B141-1987 I HE AMEKh.A.'. INSTITUTE Or ARCHITECTS. 1'SS NFW YORK AVENUE. N WWASHINGTON. D.0 StHxr
I—.,
26.15 The Architect shalt interpret 2nd decide rrrstters cnn-
ceming p tontt2nce of the Croner and Contractor under the
requirements of the Contract Documents on written reequc.%t of
either the Owner or Contractor. The Architect's resport-c to
such requests shall be rade with reasonable promptness and
within any time limits agreed upon.
26.16 lnterpremdons and decisions of the Architect shall be
consistent wtth the intent cf and reason2bly infmble from the
Contract Documents and shill be in writing or it the form of
drawings. When taking such intcrprttati)ns and initial deri•
sions. the Architect shalt endeavor to secure faithful perfor,
rnarEe by both Owner and Contractor, shall not show partiality
to either, and shall not be Rabic for results of intcrpretztion,- o r
decisk)m so rendered in good faith.
2.6.17 > Vc uiorts on mattea-s relating to acxthc=
tic cffcrtshi lrkL0nSi3trnt with the intent expressed in
the Contract ents. t t
2.6.16 The Architect shall tender written decisions within a
reason2ble time on all claims, disputes Brother trotters in qua:
tion between the Owner and Contnczor relating to the cxccu4
tion Cr progress cf the Work as provided in the Contraci
F3.23 Through the observations by such Praiser 11cpreserr
tative-, the AnChic
tion fur the 049.r against defects and deficirn ' a.
but the furnishing of such to iii s.,.- I not
modify the rigim. tgations; of the Architect
as described c15c�yirrt=its Agreement.
3.3
3.3.1 Making revisions in Drs " ecications or other
do-.tmenc- when such rr % are:
1 in t with approval-- or instructions previously
by the Owner. including rtvi-itins made nese--
by adjustments in the Owner's program or Prx+
til of suit s. taws
or regtrlat: to the ptrparation of such
changes requited as a result of the Owner's fail•