HomeMy WebLinkAboutReso 1973-7090
Form No. 342
Rev. 9-71
RESOLUTION NO. 7090
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND COLGAN-SMITH ARCHITECTS FOR THE DESIGN OF
THE CITY ANIMAL SHELTER
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
COLGAN-SMITH ARCHITECTS, for the design of the City Animal Shelter,
dated the 20th day of November 19 73 , a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the sum of $7,150 be, and the same
is hereby authorized to be expended from 1973-74 Capital Improvement
Project P-1-71 Fund for the purpose set forth hereinabove.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
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Lane F. Cole, Director of Pu lic
Works
ADOPTED AND APPROVED by the CITY COUNCIL of
VISTA, CALIFORNIA, this 20th day of November
the following vote, to-wit:
Approved as to form by
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George D. Lindberg, City Attorney
AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Councilmen
ABSENT: Councilmen
the CITY OF CHULA
19 73 by
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r` Mayor of the C ty of Chula Vista
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ATTEST .,-~ ~ " ~L~Z~t~~ ~~/~
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss,
CITY OF CHULA VISTA
I' City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true
and correct copy of Resolution No. and that the same has not
been amended or repealed. DATED
City Clerk
AGREEMENT I3ET'v~EEN THE CITY OF CT-iULA VISTA AND
COLGAN-Si~'1T`~'H ARCHI`1'EC`.CS F'OR DESIGN OF A CITY
AIQIMA.L SHEL'PER
THIS AGREEMENT, made and entered into this 20th day of
November , 1973, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City°, and COLGAN-SMITH
ARCHITECTS, a Partnership, hereinafter called "Architect";
W I T N E S S E T H
WIIEREAS, the City of Chula Vista desires to construct
and operate a new Animal Shelter to serve the residents of Chula
Vista, and
~M1'HEREAS, it is desirable to proceed with the prepara-
tion of plans, studies, drawings and specifications in connection
with the censtruction of such facility, in order to arrive at an
estimated cost pending completion by City of necessary arrange-
ments for financing the cost of the Animal Shelter, and the
Architect is willing to undertake and perform such work, including
general architectural and engineering services, and
WHEREAS, said services shall also include necessary work
for construction of parking areas and installation of landscaping
relating to the construction and operation of said Animal Shelter,
and
WHEREAS, it is desirable to cause the work of Architect
to be accomplished in two steps, the first being Phase I as des-
rs' - ,
the second to include Phases 2 through 4, encompassing all work to
be accomplished by Architect thereafter at the sole option of the
City, and
WHEREAS, the cost of such services is estimated to be
the sum of SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500).
NOW, THEREFORE, it is mutually understood and agreed
by and between City and Architect as follows:
I. PROFESSIONAL SERVICES
City hereby engages Architect to render the professional
services hereinafter described for the project at and for the com-
pensation hereinafter set forth, and Architect hereby accepts such
engagement on the terms herein stated. The professional services
shall be rendered substantially in four phases. Architect shall
not proceed with the work of each of the successive phases until
he has received written approval from the City for the work accom-
plished in the current phase and further authorization to proceed
with the next phase of the work. It is further understood that
the scope of the agreement may be modified from phase to phase.
The professional services shall be as follows:
A. Phase I: Schematics and cost estimates. Architect
shall prepare and furnish to the City at no additional
cost to the City two copies of complete schematic plans
of the Animal Shelter. Said preparation shall include
conferences with the City and its consultants, exami-
nation of the site and surrounding areas, including
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shall develop a schematic design concept and. necessary
rendering fully depicting the proposed facility. Archi-
tect shall develop a preliminary cost estimate and con-
struction program and phasing,
B. Phase 2: Preliminary plans and specifications.
Architect shall prepare and furnish to City a complete
set of preliminary plans and specifications for the
Animal Shelter, including the site plan, area map, floor
plan of each. of the building levels, sketches indicating
architectural treatment of significant details, typical
elevations and cross sections, floor and roof framing
plans and typical structural details, and all necessary
preliminary electrical, mechanical and structural
engineering. In .addition, Architect shall notify City
whether or not there is an.y indicated adjustment in
previous estimates of the project construction costs
arising from market fluctuations or approved changes
in scope of requirements, and shall submit for approval
a final estimate of the project construction cost com-
plete in all details.
C. Phase 3:. Working drawings and specifications.
Architec± shall prepare and furnish to City two complete
sets of working drawings and specifications for the
Animal Shelter, including plans, elevations, sections,
details and specifications covering architectural, civil
engineering, structural, electrical, heating, air con-
e. ditioning, plumbing, utilities and other mechanical
work, and shall set forth in detail prescribing the
work to be done, materials, workmanship, finishes, and
all equipment required. Architect shall also prepare
necessary bidding information, special provisions and
General r_nnditinns of ennt-rac~t. anci shall assist Citv
- in applying for and obtaining required. approvals from
applicable public agencies, and in securing required
permits.
D. Phase 4: Construction Services. Architect shall
furnish and perform the following services:
1. Architect shall provide, at no expense to City,
and in the number required, the preliminary plans
` and construction documents of whatever nature for
the review and approval of the applicable public
agencies.
2. Architect shall provide copies of the constru-
ction documents for bidding and construction pur-
poses. He shall furnish to City fourteen sets of
final specifications for said work. Further, Archi-
tect shall provide tracings for drawings and stencils
for specifications of a type and form acceptable to
the City for the use of City in the reproduction of
said blueprints and specifications.
3. Architect shall assist City in the preparation
of the usual construction contract documents.
4. Architect shall ,give any assistance required by
City in obtaining proposals from contractors and
shall make recommendations to assist City in award-
ing the construction contracts, including the
evaluation and analysis of bids submitted for con-
struction contracts based upon approved working
drawings and specifications.
5. Architect shall issue c7_arifying addenda during
bidding, if required.
6. Architect shall check all shop drawings for
architectural, structural, mechanical and miscel-
laneous trades.
7. Architect shall provide technical direction to
a project inspector employed by and responsible to
City as required by applicable law.
8. Architect expressly agrees to endeavor to, by
his on-site observations, guard City against de-
fects and deficiencies in the work of the contrac-
tor, ar.d shall immediately notify City of any defects
or deficiencies which he may find or note, but does
not guarantee the performance of said contractor nor
his construction methods, techniques, sequences or
procedures.
9. Architect shall: provide general administration
of the construction contract, including periodic
inspections at the site as he may deem necessary and/
or as required by City to render architectural obser-
vation, which is distinguished from the continuous
personal inspection of the project inspector; make
regular reports as may be required by applicable
public agencies; keep City informed of the progress
of construction; check and approve schedules and
shop drawings for compliance with design; approve
substitution of materials, equipment and laboratory
reports thereof, subject to the approval of City;
recommend change orders for written approval of City;
examine contractor's applications for payment; recom-
mend payments in amounts approved by A.rchi_tect; pro-
vide a colc~ sch.~.~.:le .,~ all r„ateriais in :.:he p~~oect
for City's review and approval; determine date of
substantial completion; make final inspection of the
project; assemble written guarantees, instruction
books, diagrams and charts required of the contractor;
and issue Architect's certificate of completion and
final certificate for payment. Inasmuch as the con-
tract for the actual work may be on a "bonus damage"
basis, Architect shall take such steps as may be
necessary to expedite reviews and approvals to avoid
delays to the contractor.
10. Architect, as part of his basic professional
services, will provide advice to City on apparent
deficiencies in construction following the accep-
tance of the work and prior to expiration of the
guarantee period of the project, to assist the City
in enforcing warranties or guarantees of any of the
construction work.
11. After award of any construction contract,
Architect shall advise City in writing of any
change or changes necessary or desirable in the
plans and specifications for the project, and
Architect shall not order any construction con-
tractor to make any changes affecting the constru-
etion contract price without written approval of
City.
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12, z~r_clii'cect shall. pe~forrl his ~~,~ork hereunder,
and exercise his best efforts to coordinate the
wor}~ of others to the end that the worl: can be
carried forth according to the proposed schedule
of completion to be established by mutual agree-
ment between City and Architect.
13. Architect shall prepare and furnish to City
one set of "as-built" drawings based on the original
working drawing tracings, showing changes made in
the course of construction.
14. Architect shall meet with City officials, appear
and testify at public hearings and meetings as normally
required by the City.
II. EXTRA SERVICES OF THE ARCHITECT
Architect agrees to provide any necessary additional
services, resulting in extra expense to Architect caused by the
delinquency or insolvency of any contractor, or caused by substan-
tial changes or alterations ir. the scope or plan of the project as
requested by City subsequent to approval of Architect's plans. The
fees for said additional services shall be mutually agreed upon by
Architect and City.
III. EMPLOYEES AND CONSULTANTS
Architect, as part of the basic professional services, shall
employ at his own expense technicians and professionals properly skilled
in the various aspects of the design and construction of facilities
required. If consultants are engaged, City shall be advised in writing
in advance of their employment and the selection must meet the appro-
val of the City Manager.
IV. SERVICES GiJTSIDE SCGPE GF AGREEi~iENT
ment:
The following services are outside the scope of this agree-
A. The design and detailing of construction fence
and associated billboards, signs, etc.
B. Interior furnishings.
V. TERMINATION
Architect shall complete the work of Phase 1 on or before
January 4, 1974, and shall complete the work of Phase 3 on or
before April 1, 1974 and shall proceed no further with the phases
as set forth herein unless written notification to do so has been
received from the City. The City shall .have the right to extend the
time for completion or not, as may seem best to serve the interest
of the City. City shall have, however, the right to suspend or
abandon the project in whole or in part at any time, and City shall
have the right to terminate this agreement at any time whether before
or after January 4, 1974, without any liability to Architect other
than for the payment of the amounts provided in this section.
Upon termination of this agreement, on or before January 4,
1974, Architect shall be paid for the work accomplished, but said
amount shall not in such event exceed the fee to be paid for Phase 1
as set forth herein. On the suspension or abandonment of the project,
as a whole or in part, and the termination of this agreement, and
the payment of the amount required to be paid, all completed drawings,
specifications and estimates and other completed contract documents
prepared under this agreement by Architect shall be forthwith trans-
mitted to City and they shall be the sole property of City, subject,
however, to the same restrictions on use as set forth herein.
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VI. PRO~~ECT CONSTRUCTIOiy COSTS
The project construction costs shall be an approved esti-
mate of construction cost to City as submitted by Architect, until
such time as bids have been received whereupon it shall be the
lowest responsible bid, p]_us any additive change orders and/or
` alternates. The City reserves the right to employ an independent
cost estimator to review and check Architect's estimates. Should
a substantial difference exist between the two estimates, an
average shall be used as the estimated construction cost.
VII. AP.CHITECT`S COMPENSATION
Architect shall be compensated for the work undertaken in
Phase 1 through 4 as delineated herein on a lump sum basis in the
amount of SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500). Any addi-
tional work as authorized by the City shall be on an hourly basis
in accordance with the following schedule:
Type of Service Rate
Professional $20,00/hour
Technical $15.00/hour
Drafting $12.50/hour
Payments to Architect shall be made as follows:
A. For Phase 1 a sum of twenty-four percent (24%) of
the lump sum amount of SIX THOUSAND FIVE HUNDRED DOLLARS
. ($6,500), at completion of Phase 1,
B. For-Phase 2 an additional sum of thirty-three percent
(33%) of the lump sum amount of SIX THOUSAND FIVE HUNDRED
DOLLARS ($6,500), payable upon completion of Phase 2.
C. For -rhase 3 an additional sum not tc exceed tnirty-
three percent (330) of the lump sum amount of SIX THOU-
SAND FIVE HUNDRED DOLLARS ($6,500), payable in monthly
progress payments, based on estimates of completed work
submitted by Architect and approved by City.
D. For Phase 4 an additional sum of ten percent (100)
of the lump sum amount of SIX THOUSAND FIVE HUNDRED
DOLLARS ($6,500), not to be paid until the project has
been completed and accepted by City.
VIII. REIMBURSABLE EXPENDITURES
Any reimbursable expenditures made by Architect for the
benefit of City must be authorized and approved by City. Reimbur-
sable expenditures shall include:
- A. Reproduction of preliminary plans and specifications
as contained in Phase 2.
B. Reproduction of two sets of working drawings and
specifications as contained in Phase 3.
C. Reprod>ction of final drawings and specifications as
contained in Phase 4.
D. Printing and duplicating for final documents.
E. Special mailing and delivery costs.
F. Presentation models or renderings.
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IX. CITY`S RESPONSIBILITIES
The following information and assistance shall be furnished
to Architect by Cityr at the City's own expense:
A. P. Clerk-of-the-Works, if necessary will be retained
by City.
- B. City shall provide full information as to the re-
quirements and program of the project, including real-
istic budget limitations and scheduling for the eco-
nomical and expeditious development of the project.
C. City shall provide or pay for a certified survey of
the site, :including grades and lines of streets, pave-
ments, adjoining properties, rights-of-way, restrictions,
easements, boundary, zoning regulations and contours of
the building site; locations, dimensions and floor ele-
vations of existing buildings, if any; other improvements
and trees, and full information as to available service
and utility lines both public and private.
D. City shall pay for all necessary traffic and park-
. ing rese~.rch and consultation required for proper design
of access to the site, internal automobile traffic flow,
and parking arrangements.
E. City agrees to furnish soil analysis, foundation
. recommendations, and any necessary soil investigations.
F. City shall notify Architect of administrative pro-
cedures required and name representatives, if any,
authorized to act on its behalf.
v. City shall review documents submitted by Architect
and shall promptly render decisions pertaining thereto,
to avoid unreasonable delay in the progress of the pro-
jest. Architect shall observe the procedure of issuing
any order to contractors only through City.
H. The City shall furnish landscape design services.
I. The City shall furnish all necessary environmental
impact studies and reports.
J. The City shall furnish copies of all pertinent corre-
spondence, documents, maps, plats or other records and
information which may be helpful to Architect in his
execution of the work.
K. The City shall furnish detailed building and engi-
neering inspection of all construction work.
L. The City shall provide all legal services required
for the preparation of documents such as notices, contracts
and resolutions in connection with the project.
X. INDEMNIFICATION AND INSURANCE
Architect agrees to indemnify and hold City harmless
from all claims and demands of any description arising out of the
performance of this agreement, including reasonable attorney's
fees and court costs in the defense of any action. Architect
agrees to carry the following insurance:
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4,
A. Trchitect agrees to carry a policy of public lia-
bility insurance of limits of $100,000,00 for any one
person in any one accident, and $300,000.00 for any
number of persons in any one accidents and a policy
of property damage insurance in the sum of $50,000.00
which policy, or a true copy of said policy, shall be
deposited with t_ie Director of Finance of the City of
Chula Vista.
B. Architect agrees to carry a professional liability
insurance policy (error and omission insurance) in the
sum of $100x000.00, which policy or a true copy of said
policy shall be deposited with the Director of Finance
of .the City of Chula Vista prior to the commencement
of work.
C. T~rchitect agrees to carry such amounts of Workmen's
Compensation Insurance as may be required by law.
XI. COPIES OF DOCUMENTS
Architect will furnish, at no cost to City, two copies of
Phase 1 schematics, and one copy of "as-built" drawings in addition to
those documents as required. in other sections of tnis agreement.
XII. O[~7IQERSHIP OF DOCUbiED?TS
The plans, drawings, specifications and estimates shall
be and remain the property of the City of Cnula Vista. City ex-
pressly agrees that said plans, drawings, specifications and
estimates shall not be used on any other work, public or otherwise,
except by and with the consent of Architects and this agreement
shall be carried out whether or not the work for which said plans,
drawings, specifications and estimates is actually executed,.
carried ou{~ aiiz comple~ed.
XIII. AS-BUILT DOCUMENTS
Architect shall require that as-built records be main-
tained on a current basis by the contractor and the inspector at
the job site. At the conclusion of the work, all changes made
during the course of construction shall be recorded on the original
tracings by Architect and delivered to City. Failure to require
that as-built records be maintained on a current basis may be
grounds for withholding payment to Architect and/or contractors.
XIV, SUCCESSORS AND ASSIGNS
It is understood and agreed that this agreement shall be
binding upon City and its successors and assigns, and upon Architect,
its successors and assigns. Neither this agreement nor any part
thereof, nor any monies due or to become due thereunder, may be
assigned by Architect without the consent and approval of City.
City may, however, assign and transfer its interest in this contract
to any other agency or corporation of its choice. Upon such assignee
entering into a written agreement with Architect to be bound by all
the terms and provisions hereof to the same extent as is City, such
assignee shall be substituted in place of City hereunder and there-
after all references herein to City shall be deemed to be reference
to such assignee and all references to City officials or represen-
tatives shall be deemed to be to the most comparable official or
representative of the assignee.
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P" this agreement
it under of~ duly licensed fanners.
the directson °r experienced P the pr°ject
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shallshQll not such ecuted this
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WHEREOfirst hereinab°
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agreement
CITY OF CHULA VISTA
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APPROVED AS TO FOB
it Atto eY
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