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HomeMy WebLinkAbout1984/09/28 - Agenda Packet (partial)CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: September 28, 1984 TO: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Proposed Agreement Civic and Public Safety Facility Architectural Services Cl%G'NO,yC 9 I9` Attached is the Proposed agreement between the City of Rancho Cucamonga and John Carl Warnecke 6 Associates for architectural services in connection with the design and construction of a Civic and Public Safety Facility for the site owned by the City west of the Law and Justice Center. Please note that the original concept has been expanded to include a Police facility in the initial phase. Under the terms of the proposed agreement, John Carl Warnecke 6 Associates will perform all architectural work from the programming phase through the construction phase if the City so elects. The work is divided into six separate phases. These phases are as follows: Phase I Programming /Financial Analysis Phase II Schematic Design Phase III Design Development Phase IV Construction Documents Phase V Bidding or Negotiations Phase VI Construction The architect's compensation will be on a fixed phase basis of $560,000 from the Programming Phase through the Construction Phase. The percentage of compensation for each individual phase is as follows: City Council Re: Agreement for Civic Facilities September 28, 1984 Page 2 Programing /Financial Analysis Phase Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Total $ 35,000, six percent (62) $ 75,000, thirteen percent (13 %) $ 80,000, fourteen percent (14 %) $240,000, forty -three percent (43 %) $ 15,000, three percent (32) $115.000, twenty -one Percent (21 %) $560,000 100% From Programming to Design Development, the architect will work with the staff and the City Council towards a final acceptable design. After this, the architect will prepare complete working drawings for those facilities which the Council decides to construct. By dividing the contract into two distinct phases, the City Council has the flexibility to provide total preliminary planning for the purposes of decision making for initial construction while retaining flexibility in regard to the construction phase. The proposed agreement is comprehensive as it covers a wide range of architectural services as shown in Attachment "A" of the agreement. Please note that the landscape architectural consultant is the eminent firm of Emmet Wemple and Associates, one of the beet in the nation. Please further note the inclusion of an audio /visual consultant to address the City Council's interests in having effective audio /visual equipment in the Civic Center facility. Moreover, a financial program consultant, Wayne Wedin, has been included to provide financial analysis and to identify financing alternatives that might affect the program development. The only other necessary services this agreement does not address are soils tests (an owner responsibility) and the interior specifications for office furniture and equipment, a service which staff believes can be accomplished more coat effectively by an independent fins. The estimated cost for soils testa is $5,000 and for interior specifications, $15,000. During the Construction Phase, the City is obligated to provide an on -site inspector to serve as "Clerk of the Works." The Edison Company has approached the City with a program that the company has to encourage energy saving designs. The program entails performing a day lighting analysis to provide input into the design of systems and /or spaces to reduce energy needs. Edison will pay one -half the cost of the study and rebate certain energy savings. The study requires computer modeling and will cost approximately $20,000, of which one -half would be paid by Edison. Staff concurs with Edison that the coat of such a study would be more than offset by developing a more energy efficient design than could be done without the analysis. The long -term savings in energy coats to the City will be an even greater benefit. Staff recommends that the Council consider authorizing this study to coincide with the preliminary phases of architectural services. City Council Re: Agreement for Civic Facilities September 28, 1984 Page 3 RECOMMENDATION: It is recommended that the City Council approve the agreement with the architectural firm of John Carl Warnecke and Associates for the design services related to the future development of the Civic and Public Safety Facility. It it further recommended that the proposed study relating to energy saving designs be approved in an amount of approximately $10,000. In addition, it is recommended that funds for soils testing and interior furnishings and equipment specifications be approved as outlined. All funds are to be transferred from the Civic and Public Safety Facility Fund. LMW:baa attach. AGREEMENT FOR ARCHITECTURAL SERVICES RANCHO CUCAMONGA CIVIC CENTER AND PUBLIC SAFETY FACILITY THIS AGREEMENT made this _day of 1984, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation, hereinafter referred to as "Owner" or "City" and John Carl Warnecke and Associates hereinafter called the "Architect ". WITNESSETH WHEREAS, the Owner intends to have designed a new Civic Center called the "Project" as generally described below: The project is a new Civic Center and Public Safety Facility of approximately 80,000 gross square feet to be built on the approximately seven acre parcel of land at the northeast corner of Haven and Civic Center Drive in the City of Rancho Cucamonga. This facility will include a City Council Chamber, offices and work areas for all City services including law enforcement, all public counters, public circulation and ceremonial spaces, and such other specific spaces as are defined during the Programming Phase of the work. The exterior development of the project will include landscaping of the site, secured parking for the police, parking for visitors, staff and appropriate surface pedestrian connection to adjacent Foothill Law and Justice Center. NOW, THEREFORE, the Owner and the Architect, for the consideration hereinafter set forth, agree as follows: ARTICLE 1 ARCHITECT'S BASIC SERVICES Architect's basic services shall include normal structural, mechanical and electrical engineering services. In addition, the Architect's Basic Services shall include Civil Engineering, Audio /Visual and Acoustical Engineering, Landscape Architectural Design, and Cost Estimating services. Special security or communications consultants for the Police Facility are not included, except that which is normally associated with a police facility such as secured parking, communications linkages, evidence lockers, and holding cells. Further, Architect's services shall include professional services associated withthe Programming Phase as herein described along with the Schematic Design, Design Development, Construction Documents, and Bidding and Construction Phases, also deemed architect's Basic Services. Architect's Basic Services shall also include meetings and presentations as herein described. All formal meetings shall refer to those necessitating a presentation to an elected or appointed body of the City. 1.1 PROGRMWING AND FINANCIAL ANALYSIS PHASE 1.1.1 The architect shall review program material previously prepared by or for the City including the program by Gilbert Aja and Associates. -2- 1.1.2 In order to make a comprehensive analysis of the City's needs, the Architect shall meet with City officials including the City Manager, Director of Community Development, department heads and other staff as necessary, thereby developing space, adjacency, access and location requirements. 1.1.3 Architect shall review data generated by these meetings with the City Manager and the Director of Community Development in order to develop and overall framework of criteria for the program elements. 1.1.4 Architect shall develop a draft Program based on the program elements determined in 1.1.1, 1.1.2, and 1.1.3 above and in consultation with representatives of the City, and submit this draft program to the City for review. This draft program will include statement of goals, area tabulations, adjacency diagrams, and descriptive statements about necessary equipment, quality of materials and spaces, and planned expansion. 1.1.5 Architect shall meet as necessary with City representatives to review and amend the draft program, incorporating the comments and observations of the participating City representatives into the final program. 1.1.6 Architect shall prepare a final program, which will include the elements enumerated in 111.1.5" above, for the City's review and approval. 1.1.7 Based on the final program, the Architect will give the City an opinion of estimated construction cost for the project described. -3- 1.1.8 During the Programming Phase, Wayne 'dedin of Wedin Enterprises, Inc. will act as advisor to the City and the Architect as necessary in the program preparation. 1.1.9 The, Architect's Financial Consultant Wedin Enterprises, Inc. shall prepare a written Financial Analysis Report to the City on alternative methods of funding the Civic Center project. 1.1.10 The Financial Analysis Report shall include an analysis of advantages and disadvantages to the City of the various reported possible courses of action. 1.1.11 The Financial Analysis Report shall be produced and submitted to the City within the Programming Phase time period. 1.1.12 Should the Owner wish Wedin Enterprises, Inc. to assist in the implementation of any of the recommendations of the Report, Wedin Enterprises, Inc. will contract directly with the owner for this work at Owner's option. 1.2 SCHEMATIC DESIGN PHASE 1.2.1 Based upon direction and outcome of the programming phase the architect shall consult with the owner to ascertain the requirements of the project and shall confirm such requirements with the owner 1.2.2 Architect shall inspect the site, review all site information supplied by the City, and research governing codes and regulations. 1.2.3 Architect shall develop in consultation with the designated City representatives schematic drawings and studies indicating the scope of the proposed project and its relationship to the site. -4- 1.2.4 Architect shall develop Schematic site plan which will include the currently proposed Civic Center building and public safety facility, parking, site development and allowance for future expansion to the Civic Center and a future community cultural facility. 1.2.5 Architect shall review alternative approaches to the design and construction of the Civic Center with the City. 1.2.6 Architect shall develop preliminary floor plans and elevations of the Civic Center. 1.2.7 Based on the comments of and participation by the City representatives on the alternative design approaches and preliminary plans and elevations, architect shall prepare Schematic Design Presentation Drawings. These drawings, to be mounted on boards, shall include floor plans and space plans of all levels, rendered elevations of all sides of the Civic Center, cross sections as needed to describe the building, a rendered site plan, and other drawings or design tools and devices as necessary to describe the proposed building. 1.2.8 Architect shall prepare a Statement of Probable Construction Cost, based on area, volume, or other professionally accepted methods. 1.2.9 Architect shall make up to five formal presentation meetings with the City including the final presentation of the Schematic Design to the City Council. The Architect will meet as necessary and as requested throughout the Schematic Design process with designated City representatives in working sessions. -5- 1.3 DESIGN DEVELOPMENT 1.3.1 Architect shall develop specifics of the elements of the building design based on the approved Schematic Design and incorporating the recommendation of the City. 1.3.2 Architect shall work with City representatives to test the individual departmental functional patterns including working with the City's designated furniture supplier and specifier to lay out specific working spaces. 1.3.3 Architect shall develop specific architectural, structural, and other component systems and sub - systems which will meet the general design goals described in the Schematic Design Phase, and review these considerations with the City. 1.3.4 Architect shall draw detailed interior and exterior elevations, perspective drawings and other drawings necessary to describe the specifics of major interior spaces and the exterior of the building as to design theme or character. 1.3.5 Architect shall coordinate all design input from the engineering consultants. 1.3.6 Architect shall prepare an outline specification for the materials and systems to be used in the project. 1.3.7 Architect shall prepare a further Statement of Probable Construction Cost. -6- 1.3.8 Architect shall prepare final Design Development Drawings for presentation and submittal to the City. These drawings will include floor plans, space plans, sections, rendered elevations, lighting plans, interior elevations of major spaces, site plar. including landscape design and irrigation, a colored perspective rendering of the approved project, and other drawings or materials necessary to describe the Project. 1.3.9 Architect shall prepare and deliver to Owner one color prospective rendering illustrating the final facility design. Said rendering shall be framed and be a size approximately 4' X 31. 1.3.10 Architect shall make up to three formal presentation meetings with the City during the Design Development Phase. The Architect will meet as often as necessary in design working meetings with City representatives. 1.3.11 Specific Technical design criteria which the City requests for this project beyond that required by code or the professional judgement of the Architect and the Architect's consultants must be given to the Architect in writing before the end of the Design Development Phase. 1.3.12 Technical design criteria from the City's chosen furniture system suppliers, e.g. number of electrical circuits for each panel system grouping, must be received in writing by the Architect before the end of the Design Development Phase. -7- 1.4 CONSTRUCTION DDCUMENTS STAGE 1.4.1 Architect shall prepare working drawings and specifications in coordination with civil, structural, mechanical, and electrical engineering consultants as well as landscape architectural design, irrigation, audio /visual, lighting design setting forth in detail the requirements for the construction of the Project. 1.4.2 Architect shall submit to the City for its review the working drawings at approximately 50% completion. The Architect will not be obliged to stop work at the 50% progress review to await the City's review. 1.4.3 Architect shall advise the City of any adjustments to the previous Statement of Probable Construction Cost. 1.4.4 Architect shall prepare all necessary bidding documents and contract forms for City review. 1.4.5 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. 1.5 BIDDING PHASE 1.5.1 Architect shall assist the Owner in obtaining bids. 1.5.2 Architect shall answer questions from construction contractors and issue addenda as necessary. 1.5.3 Architect shall conduct pre -bid conference with the City for interested construction contractors. 1.5.4 Architect shall review bids received and assist the City in awarding contracts for construction. -8- 1.6 CONSTRUCTION PHASE - ADMINISTRATION OF CONSTRUCTION CONTRACTS 1.6.1 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 Construction, current as of the date of this Agreement. The construction phase will commence with the award of the Contract for Construction. 1.6.2 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument. 1.6.3 The Architect shall visit the site at intervals appropriate to the stage of construction 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 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. Architect shall keep Owner informed at all times of the status of the Project. 1.6.4 The Architect shall at all times have access to the Work wherever it is in preparation or progress. -9- 1.6.5 The Architect shall determine the amounts owing the 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 amounts, as provided in the Contract Documents. 1.6.6 The issuance of a Certificate for Payment shall constitite a representation by the Architect to the Owner, based on the Architect's observations at the site and on the data comprising the Contractor'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 'dark is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, 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. 1.6.7 Architect shall represent the Owner as interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations necesary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written decisions, within a reasonable time, on all claims, disputes and ther matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. Interpretations of the Architect shall be consistent with the intent of and reasonably inferable from the -10- Contract Documents and shall be in written or graphic form. The Architect shall recommend to Owner to reject Work which does not conform to the Contract Documents. 1.6.8 Architect shall evaluate Contractor substitution requests and make recommendations to the Owner. 1.6.9 Architect shall review all shop drawings and product data and samples for consistency with the Contract Documents and issue necessary additional information as required. 1.6.10 Upon receipt of the Contractor's Change Order request cost, Architect shall thoroughly check all costs submitted and shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents. 1.6.11 Architect shall conduct inspections to determine the Oates of Substantial Completion and Final Completion, prepare "punch lists ", secure and deliver to the Owner: Contractor guarantees, Contractor furnished operation and maintenance instructions, and Contractor furnished record drawings, and recommend final acceptance to the Owner upon completion of all work and issue a final certificate for payment after making final inspections with the Owner. 1.6.12 Architect shall make an inspection of the Project with the Owner prior to expiration of the guarantee period and shall report any observed discrepancies under guarantees provided by the Construction Contracts. 1.6.13 Architect shall coordinate his services with the State, County, or other authorities as the Owner may designate. -11- 1.6.14 Architect shall review the reproducible record drawings of the completed project delivered by the construction contractor to the the Architect, coordinate these record drawings and refine these as necessary to conform to the Architect's knowledge of the completed project and submit this set of reproducible record drawings along with a record copy of the specifications to the Owner. The reproducible set of record drawings and specifications shall be a complete set with respect to the completed project. 1.6.15 The Architect shall attend all regularly scheduled job meetings. Engineering consultants shall attend regularly scheduled job meetings only when specifically requested to do so for the discussion of their individual responsibilities. The Architect will be available to the Owner's represenative whenever the Architect is needed at the construction site. 1.6.16 If the Owner and Architect agree that more extensive representation at the site by the Architect beyond that provided by the basic services of the agreement is in the best interest of the project, the Architect shall provide one or more Project Representatives at the site. Such Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement, which shall described the duties, responsibilities and limitations of authority of such Project Representatives. 1.7 ARCHITECT'S ADDITIONAL SERVICES The following services may cause the Architect extra expense. If any of these services are authorized by the Owner, they shall be paid for by the Owner as a Multiple of Direct Personnel Expense: 1.7.1 Providing planning surveys, environmental studies or 12- comparative studies of prospective sites. 1.7.2 Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase except -for site planning that incorporates a future cultural facility. 1.7.3 Providing services to investigate existing facilities or to make measured drawings thereof, or to verify their accuracy of drawings or other information furnished by the Owner. 1.7.4 Preoaring documents after commencement of the construction phase for alternate bids and extra work or for supplemental work requested by owner. 1.7.5 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.6 Providing services in connection with the work of separate consultants retained by the Owner. 1.7.7 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. Architect shall be responsible for floor and wall coverings. 1.7.8 Providing services for planning tenant or rental spaces. 1.7.9 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously 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. -13- 1.7.10 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. 1.1.11 Providing services made necessary by the default of the Contractor due to delinquency or insolvency. 1.8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The following is a preliminary project work schedule of the Programming Phase through the Construction Documents Phase which shall be adjusted as necessary after the Schematic Phase, at such time the Owner shall approve the Final Project Schedule. Except for reasonable cause as may be accepted by the Owner or modified by the Owner such Final Time Schedule shall not be exceeded by the Architect. Owner shall give Architect reasonable notice as to any requests for modifications to the time schedule. Phase Duration Programming 4 weeks City Review 4 weeks Schematic Design 8 weeks City Review 4 weeks Design Development 8 weeks City Review 4 weeks Construction Documents to 50% Completion 8 weeks -14- Construction Documents to 50% to 100: Completion 3 weeks Total duration through completion of Construction Documents: 48 weeks 1.8.2 As a guide only, it is reasonable to expect the following durations for the latter phases of the project. Phase Duration Review & Approval of Construction Documents 4 weeks Bidding 4 weeks Construction 60 weeks 1.8.3 The Phase and Review durations may be modified by mutual agreement of the Owner and the Architect. 1.8.4 Each Phase of the Architect's work starts when the Architect receives written approval of the proceeding Phase by Owner. Phase I. Programming begins upon the execution of this Agreement. ARTICLE 2 OWNER RESPONSIBILITY 2.1 The Owner shall provide full information regarding requirements for the Project including Owner's design objectives, constraints and criteria, including space requirements and relationships, flexibilty and expandibilty, special equipment and systems and site requirements. 2.2 The Owner shall designate, when necessary, a representative authorized to act in the Owner's behalf with respect to the Project. The -15- Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. All instructions to Architect shall come from this representative. 2.3 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the Owner. 2.4 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.5 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and of the Work. 2.6 The Owner shall furnish the services of soil engineers or other consultants when such services are deemed necessary. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub -soil, air and water conditions, with reports and appropriate professional recommendations. 2.7 The Owner shall supply a full -time construction representative (or a Construction Management Service) who shall be knowledgeable of construction means, methods, sequences, and tec:iniques. The Owner's construction representative shall, in addition, be responsible for the scheduling of inspections of the daily work of contractors including but not limited to work by the structural, mechanical, and electrical trades. -16- 2.8 The Owner's construction representative shall hold regularly scheduled job meetings not more than once every two weeks. The Owner's construction representative shall chair the meetings, take the minutes, and accept responsibility for making sure that the Owner, the Architect, and all parties in attendance receive copies of the job meeting minutes in a timely fashion. 2.9 The Owner's construction representative shall keep both the Owner and the Architect fully apprised of the progress ofthe project, construction costs, and any problems on the job which might delay project completion, increase construction cots, or impact the quality of execution of the design. ARTICLE 3 PROJECT CONSTRUCTION COST 3.1 Project Construction Cost as herein referred to means the total cost of all work designed or specified by the Architect but does not include any payments made to the Architect or consultants or costs of land or right -of -way. 3.2 Project Construction Cost shall be based upon the lowest acceptable bona fide Contractor's Bid received for any or all portions of the Project advertised for bids by the Owner. When labor or building material is furnished by the Owner, the Project Construction Cost shall include such labor and material at current market cost. 3.3 Evaluations of the Owner's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is -17- recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Costs or other cost estimate or evaluation prepared by the Architect. ARTICLE 4 COMPENSATON: DIRECT AND REIMBURSABLE EXPENSE 4.1 For basic services and such other services as described in this Agreement in connection with the Project, the Owner agrees to pay the Architect a fixed fee of 5560,000. 4.2 The percentage compensation for each of the six phases described in Section I shall be as follows: Programming /Financial Analysis Phase: $ 35,000, six percent (6 %) Schematic Design Phase: 75,000,thirteen percent (13 %) Design Development Phase: 80,000, fourteen percent (14 %) Construction Documents Phase: 240,000, forty -three percent (43 %) Bidding or Negotiation Phase: 15,000, three percent (3%) Construction Phase: 115,000, twenty -one percent (21%) Total $36 ,000, 10 (Percentages are approximate) 4.3 If the scope, size, cost or quality of the approved Design Development materially increases at the City's request from the project description given on page 1 of this contract or from the requirements in the approved Program, the Project Budget and the Architect's fee shall be adjusted -18- accordingly. An increase of ten percent (10 %) more in the size of the Project shall he deemed to constitute a material change in the nature of the Project. 4.4 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel- engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes, and other statutory emloyee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 4.5 Reimbursable Expenses are in addition to the Compensaton for Basic and Additional Services and include actual expenditures made by the Architect in the interest of the Project for the expenses listed in the following Sub - paragraphs: 4.6 Expense of transportation and living expenses in connection with out -of -town travel when approved by Owner in connection with the Project; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 4.7 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 4.8 Expense of data processing and photographic production techniques when used in connection with Additional Services. 4.9 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. -19- 4.10 COMPENSATION FOR ADDITIONAL SERVICES OF THE ARCHITECT, but excluding Additional Services of consultants, Compensation shall be computed as follows: Expense. 9/1/84 are: Billing Rates of Principals for extra services shall be as follows: John Carl Warnecke $125.00 /hr. Herman "Hy" Tiano 80.00 /hr. Charles Oakley 75.00/hr. Other Staff shall be billed a rate of 2.5 times Direct Personnel Typical Staff salary rates including Direct Personnel Expense as of Job Captain $17.50 - 25.00 /hr. Senior draftsperson 15.00 - 22.00 /hr. Designer 12.50 - 17.50 /hr. Draftsperson 12.00 - 15.00 /hr. 4.11 COMPENSATION FOR ADDITIONAL SERVICES OF CONSULTANTS, shall be computed by a multiple of one and fifteen one - hundreths (1.15) times the amounts billed to the Architect for such services. 4.12 COMPENSATION FOR REIMBURSABLE EXPENSES, shall be computed by a multiple of one and fifteen one- hundreths (1.15) times the amounts expended by the Architect, in the interest of the Project. -20- ARTICLE 5 PAYMENTS TO THE ARCHITECT 5.1 Payments for Basic Services shall be made monthly and shall be in proportion to service performed within each Phase of services, on the basis set forth in Article 4. 5.2 Payments for Additional Services of the Architect, as defined in Article 4 above, and for Reimbursable Expense, as defined in Article 4, shall be made monthly upon presentation of Architects detailed invoice. 5.3 Payments due the Architect shall be payable by Owner within 30 days of receipt of invoice from Architect. 5.4 If the services covered by this Agreement have not been completed within 40 months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein may be equitably adjusted through mutual agreement of Owner and Architect. 53 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. ARTICLE 6 ARCHITECT'S ACCOUNTING RECORDS Records of reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. -21- ARTICLE 7 SUCCESSORS AND ASSIGNS The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 8 PROJECT SUSPENSION OR TERMINATION 8.1 The Owner may terminate this Agreement or suspend any phase of Architect's service at any time upon giving written notice to the Architect. Upon receiving such notice, the Architect shall cease any further work upon the Project and shall only be entitled to compensation for work actually performed up to the time the notice is given. In calculating the amount of services actually performed at such time a determination shall be made of the percentage of the work completed, and the amount of extras, if any, performed. The Owner, in any event, shall not be liable in damages to the Architect on account of termination whether such termination was with or without just cause. The Architect may terminate this Agreement upon the completion of any of the hereinbefore defined phases of work. Notice of Intention to terminate shall be given to the Owner in writing at least 30 days in advance. Compensation to the Architect for work performed shall be in accordance with Article 5 - Payments to the Architect. -22- 8.2 Notice of termination by Owner shall be sent to the Architect at the following address: Attention: Charles Oakley John Carl Warnecke & Associates 2029 Century Park East Suite 810 Los Angeles, CA 90067 8.3 Notice of termination by the Architect shall be sent to the Owner at the following address: Attention: Mr. Lauren Wasserman, City Manager City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91730 ARTICLE 9 REQUIRED COPIES OF DRAWINGS AND SPECIFICATIONS The Architect shall furnish to the Owner all necessary reproductions of specifications for securing bids and for construction of the Project; in any event 50 complete sets of assembled specifications as corrected and approved by the Owner, and by the State, County and Local authorities where required, shall be furnished. The Owner shall pay for all reproductions required for said bidding purposes. ARTICLE 10 OWNERSHIP OF DOCUMENTS The drawings and specifications prepared by the Architect or his employees or consultants for the project are to be the property of the Owner and not of the Architect, and may be used by the Owner for any purpose -23- he may desire. The Architect shall be entitled to retain the original drawings provided he supplies the Owner with a set of permanent reproducible drawings to the satisfaction of the Owner. ARTICLE 11 TESTIMONY IN COURT If a dispute should arise between the Architect and the Contractor as to whether or not the contractor has performed the contract according to the plans and specifications, the Architect shall substantiate his opinion by testifying in court if called upon and present information to the Owner explaining in detail in what manner the contractor has not properly complied with the plans and specifications. This service of the Architect shall be considered an additional service and his compensation shall be at the hourly rate specified in this Agreement for additional service except that no extra compensation shall be due the Architect if a dispute concerns errors and omissions on the part of the Architect if a judgement has been or in the same case later is made regarding such errors and omissions. ARTICLE 12 ARCHITECT'S RESPONSIBILITY IN DETERMINING PAYMENT TO RE RELEASED TO CONTRACTOR In addition to the provisions of Article 1, the Architect shall be responsible if he should approve the release of payments to the contractor if the contractor has not performed the work in accordance with the contract, and reasonable inspections by the Architect would disclose these defects. -24- ARTICLE 13 POSITION STATEMENT AND GUIDELINES ON DESIGN AND PROCEDURE FOR BASIC SERVICES 13.1 The Architect agrees to produce architectural and engineering designs of high standards, and produce working drawings and specifications that are clear, concise, thorough and accurate with all facets of the mechanical, electrical, structural and civil engineering designs thoroughly coordinated among themselves and with the architectural and landscape architectural drawings, and that are in accord with sound economical construction practices. 13.2 The Architect agrees to produce solutions that are, insofar as possible, in accordance with the criteria established by the Owner. The Owner shall be informed whenever it appears that criteria cannot be reasonably met within authorized scope and funds. 13.3 It shall be the mutual goal of Architect and Owner to design the Project as herein described in this Agreement in the most cost - effective way while placing equal attention to: -High Design Quality - Energy Conservation - Seismic Safety - Efficiency of Space and Flexibility for Future Expansion - Efficiency in Providing Public Service - Reduced Long -Term Maintenance Costs 13.4 The City's designated representatives for approval of the Phases of the work are the City Manager, the Director of Community Development, and the City Council. -25- ARTICLE 14 HOLD HARMLESS AGREEMENT 14.1 The Architect agrees to and does hereby indemnify and hold harmless the City, its officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever which may be incurred by reason of: (a) Liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects or (4) any other loss, damage or expense arising under either (1), (2), (3) above, sustained by the Architect or any person, firm or corporation employed by the Architect upon or in connection with the work called for in this Agreement. 14.2 The Architect is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Architect or any of the Architect's officers, employees or agents, except as herein set forth. The Architect shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. 14.3 The Architect shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Architect shall at all times observe and comply with all such laws and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of the Architect to comply with this section. -26- 14.4 The Architect shall maintain general liability and workers compensation insurance coverage effective on the first day of work and in full force throughout the full term of this Agreement. The policy or policies shall be underwritten by insurers admitted to operate in the State of California, on forms no less broad in the scope of coverage than standard forms. Entire limits of liability maintained must be certified but in no event shall limits be less than specified hereinbelow. Any aggregate limitation of liability shall be separate as to the risks arising out of the subject matter of this proposal Coverage Minimum Limit Workers' Compensation & Employer's Liability $100,000.00 Comprehensive General Liability/ Comprehensive Auto Liability $500,000.00 Combined single limit on each occurrence If requested, the Architect agrees to deposit with the City, certificates of insurance to satisfy the City that insurance requirements of this Agreement have been complied with, and to keep such insurance in effect and the certificates therefore on deposit with the City during the entire term of this Agreement. ARTICLE 15 KEY PERSONS AND FIRMS 15.1 Owner accepts firms and key personnel specified in attachment A "Rancho Cucamonga Civic Center Project" organization chart. -27- 15.2 Key personnel for 'dedin Enterprises shall be Wayne Wedin. 15.3 No changes to key personnel or firms shall be made except by mutual consent of Architect and Owner. -28- ARTICLE 16 ENTIRE AGREEMENT This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF RANCHO CUCAMONGA CONSULTANT Jon D. Mikels, Mayor Date: By: ATTEST: Title: Beverly A. Authelet, City Clerk APPROVED AS TO FORM: City Attorney -29- Date ATTACHMENT A RANCHO CUCAMONGA CIVIC CENTER PROJECT ORGANIZATION CHART CITY OF RANCHO CUCAMONGA I CONSULTANT ADVISORS WAYNE VIEDIN. PROGRAM TOM OCHI, MANAGEMENT I I I PROJECT DESIGNER L CHARLES *DUKE' OAKL EY 1 AFCHl ELEC ENGNEERSj 11AYAKAWA ASSOCIATES ILANDSCAPE EIAMET WEMPCL 6 ASSOC PROJECT MANAGER PROJECT REVIEW HY TIANO JOHN CARL WARNECKE COST FCIIC.RMAN CONs InUC11GN CONSIR TANTS STRUCTURAL KPFF, INC. I JOB CAPTAIN I YUK CHAN FINANCIAL WEDIN ENTERPRISE$, INC CIVIL I I AUDIO/ VISUAL ROGOWAY /RLRKOVETZ SMITH /FAVSE & ASSOC. JOHN CARL. WAHNECKE & ASSOCIATES 2029 CENTURY PARK FAST # 810 LOS ANGELES, CA 90065 (213) 552-3100 HARVEY D. COHEN, M.D., INC. INT[ANAL MSVIVNC 7263 CARNELIAN STREET ALTA LDNIA. CA 97701 TELEPHONE: 47111 997.7596 October 1, 1984 Honorable Jon Mikels Mayor, City Rancho Cucamonga City Hall 9329 Baseline Road Rancho Cucamonga, CA 91701 Dear Mayor Mikels: i It has recently come to my attention, through an article in a local newspaper, that the city of Rancho Cucamonga is considering the adoption of ambulance and paramedic ordinances. As a physician whose practice and medical offices are located in Rancho Cucamonga, I have an interest and some expertise in the medi- cal management of patients who require ambulance and paramedic transportation. I believe that paramedic services should he available for emergency transport of patients, especially when such transportation is at the request of health, fire or safety providers and organizations. On the other hand, I do not believe that paramedic services should be forced on physicians, other health providers or knowledgeable fire and safety organizations when those experts determine that paramedics are not needed with the ambulance service. As a result of the above, I support the Council's attempt to enact a paramedic ordinance but believe that non- emergency ambulance services without paramedics should be recognized and permitted and that the ordinance should be drafted in such a manner so as to permit ambulances which are not providing emergency and /or paramedic services. The requirement of having paramedics in order to be licensed as an ambulance company and then allowing that same ambulance company to be doing transportation without paramedics on the non - emergency runs, can only be interpreted as an attempt to be supporting quality care when in essence it is only a thinl% veiled attempt to further the limitation of ambulance companies. Sincerely yours, a vey D. ohen, M. HDC:md cc: City Manager Council Members HARVEY D. COHEN. M.D., INC. ..TERN..' MEDICINE 7269 CARNELIAN STREET ALTA LOMA, CA 91701 TELEPHONE: 174, 9E7-2528 October 1, 1984 Honorable Jon Mikels Mayor, City Rancho Cucamonga City Hall 9320 Baseline Road Rancho Cucamonga, CA 91701 Dear Mayor Mikels: I /1�r 4✓ ; . It has recently come to my attention, through an article in a local newspaper, that the city of Rancho Cucamonga is considering the adoption of ambulance and paramedic ordinances. As a physician whose practice and medical offices are located in Rancho Cucamonga, I have an interest and some expertise in the medi- cal management of patients who require ambulance and paramedic transportation. I believe that paramedic services should be available for emergency transport of patients, especially when such transportation is at the request of health, fire or safety providers and organizations. On the other hand, I do not believe that paramedic services should be forced on physicians, other health providers or knowledgeable fire and safety organizations when those experts determine that paramedics are not needed with the ambulance service. As a result of the above, I support the Council's attempt to enact a paramedic ordinance but believe that non - emergency ambulance services without paramedics should be recognized and permitted and that the 'ordinance should be drafted in such a manner so as to permit ambulances which are not providing emergency and /or paramedic services. The requirement of having paramedics in order to be licensed as an ambulance company and then allowing that same ambulance company to be doing transportation without paramedics on the non - emergency runs, can only be interpreted as an attempt to be supporting quality care when in essence it is only a thinly veiled attempt to further the limitation of ambulance companies. Sincerely yours, .94D. vey 4D D. . ohen, M. HDC: and cc: City Manager Council Members HARVEY D. COMEN, M.D., INC. • INTERNAL MEDICINE 7263 CARNELIAN SHEET ALTA WMA, CA 91701 4 r. �• TELEPHONE! 17141 967.2520 yO October 1, 1984 Honorable Jon Mikels Mayor, City Rancho Cucamonga City Hall 9320 Baseline Road Rancho Cucamonga, CA 91701 Dear Mayor Mikels: It has recently come to my attention, through an article in a local newspaper, that the city of Rancho Cucamonga is considering the adoption of ambulance and paramedic ordinances. As a physician whose practice and medical offices are located in Rancho Cucamonga, I have an interest and some expertise in the medi- cal management of patients who require ambulance and paramedic transportation. I believe that paramedic services should be available for emergency transport of patients, especially when such transportation is at the request of health, fire or safety providers and organizations. On the other hand, I do not believe that paramedic services should be forced on physicians, other health providers or knowledgeable fire and safety organizations when those experts determine that paramedics are not needed with the ambulance service. As a result of the above, I support the Council's attempt to enact a paramedic ordinance but believe that non - emergency ambulance services without paramedics should be recognized and permitted and that the ordinance should be drafted in such a manner so as to permit ambulances which are not providing emergency and /or paramedic services. The requirement of having paramedics in order to be licensed as an ambulance company and then allowing that same ambulance company to be doing transportation without paramedics on the non - emergency runs, can only be interpreted as an attempt to be supporting quality care when in essence it is only a thinly veiled attempt to further the limitation of ambulance companies. Sincerely yours, �tiv� �' a vey D, ohen1, M. 2 . HDC:md cc: City Manager Council Members