HomeMy WebLinkAboutReso 1970-5627
RESOLUTION NO. 5627
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND RICHARD GEORGE WHEELER,
A.I.A., AND ASSOCIATES FOR THE DESIGN AND DEVELOPMENT
OF THE CIVIC CENTER COMPLEX, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the FIRST AMENDMENT to
that certain agreement between the CITY OF CHULA VISTA, a municipal
corporation, and RICHARD GEORGE WHEELER, A.I.A. and ASSOCIATES, approved
by the City Council of the City of Chula Vista by Resolution No. 5130
adopted on the 22nd day of April, 1969, a copy of which amended agreement,
dated the 28th day of April 1970 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 Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
amended agreement for and on behalf of the City of Chula Vista.
Presented by
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Lane F. Co e, Director f Public
Works
Approved as to form by
George D. ndberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 28th day of April , 1970 , by the
following vote, to-wit:
AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen None
ATTEST -° .r ,-~,:~_.c.~ t,e~.~' ~~a_.c..~~ _E,:(
C~it~z C l e rk
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amended or repealed.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
/ ~~ L
ayor of the City of Chula Vi to
City Clerk
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND RICHARD
GEORGE WHEELER, A.I.A., AND ASSOCIATES
FOR THE DESIGN AND DEVELOPMENT OF THE
CIVIC CENTER COMPLEX
THIS FIRST AMENDMENT, made and entered into this 28th day
of April , 1970, by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and RICHARD GEORGE
WHEELER, A.I.A., and ASSOCIATES, a California corporation, hereinafter
called "Architect'°;
W I T N E S S E T H
WHEREAS, the City Council of the City of Chula Vista has here-
tofore commissioned the architectural firm of Richard George Wheeler,
A.I.A., and Associates as Project Architect for the development of
the Civic Center Conplex, pursuant to the terms of that certain agree-
ment approved by the City Council of the City of Chula Vista by Resolu-
tion No. 5130 adopted on the 22nd day of April, 1969, and
WHEREAS, prior to the execution of said agreement, the City
Council has retained said firm of Richard George Wheeler, A.I.A., and
Associates as Architect for the design and construction of a police
facility pursuant to the terms of that certain agreement approved by
the City Council of the City of Chula Vista by Resolution No. 4471,
adopted on the 5th day of July, 1967, and
WHEREAS, the City Council had heretofore entered into an
agreement with said Architect for the design of a city library facility,
approved by Resolution No. 5302 adopted on the 5th day of August, 1969,
and amended by Resolution No. 5465, adopted on the 9th day of December,
1969, to include in the scope of work for Phase I of said library design
schematics and cost estimates for a multipurpose facility to be used
as an auditorium/theatre-convention/exhibition hall, and
WHEREAS, preliminary studies of the total Civic Center Complex
have been developed in accordance with the terms and conditions of all
of said agreements heretofore executed, and the City Council has reviewed
said studies, and
WHEREAS, the City Council, upon review of said studies, has
approved the basic design as presented by Richard George Wheeler, A.I.A
and Associates, as shown on Exhibit "A" attached hereto and made a part
hereof by reference as though set forth in full, which Exhibit "A" now
provides that the multipurpose facility, as delineated in that certain
agreement approved by Resolution No. 5465 adopted December 9, 1969, be
excluded from the Civic Center plan and that parking facilities, as
shown thereon are the absolute minimum deemed necessary to satisfy
parking needs for the immediate future for the facility as proposed,
and
WHEREAS, the City Council has now determined that Architect
should proceed with the completion of Phase I of professional services
for the entire Chula Vista Civic Center Complex, as indicated in the
Stage 2 drawings prepared by Architect, which are hereby approved as
amended, to the preliminary studies and designs prepared by Knight and
Gladieux as approved by the City Council as the Master Plan for the
development of the Civic Center by Resolution No. 4929, adopted on the
8th day of October, 1968.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and
between City and Architect as follows:
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I. PROFESSIONAL SERVICES.
City hereby engages Architect to render the professional
services hereinafter described for the project at and for the compensa-
tion hereinafter set forth, and Architect hereby accepts such engage-
. ment on the terms herein stated. The professional services shall be
rendered substantially in four phases, to be accomplished under a two-
step program; the first said step being Phase 1 as described herein, to
be completed on or before May 31, 1970, and the second step to include
Phases 2 through 4. Architect shall not proceed with the work for each
successive phases until he has received written approval from the City
for the work accomplished in the current phase and further authorization
to proceed with the next phase of the work. It is understood that
Architect may proceed from phase to phase for segments and increments
of the total project. It is further understood that the scope of the
agreement may be modified from phase to phase. The professional services
shall be as follows:
Phase l: Schematics and Cost Estimates.
Architect shall prepare and furnish to the City two (2) copies
of complete schematic plans for (1) the library facility, and
(2) the development of the total project area, being a site
encompassing approximately eight (8) acres bounded by Fourth
Avenue on the West, Garrett Avenue on the East; Davidson Street
on the North, and "F" Street on the South, and including that
parcel of property to be acquired by the City of Chula Vista
located at the Northwest corner of the present intersection of
°F" Street and Garrett Avenue. Said design and development
proposal includes development of the spacial relations between
the proposed library, the police facility which is under con-
struction, and the existing administration and library build-
ings and other existing structures located within the project
area which are to be either remodeled or removed, and shall
include proposed walkways, walls, plazas, fountains and other
architectural amenities intended to provide a complete inter-
gration of all of said elements into a total harmonious Civic
Center Complex, and (3) the design and development of the
park area within the Complex, including the proposed lake or
lagoon and underpass beneath Fourth Avenue.
Said preparation shall include conferences with the City and
its consultants, examination of the site and surrounding areas,
including research of required codes and ordinances. Architect
shall develop a schematic design concept and necessary render-
ing fully depicting the proposed facilities and total Civic
Center Complex. Architect shall develop a preliminary cost
estimate and construction program and phasing.
Phase 2: Preliminary Plans and Specifications.
Architect shall prepare and furnish to City a complete set of
preliminary plans and specifications for the library, including
the site plan, area map, floor plan of each of the building
levels, sketches indicating architectural treatment of signifi-
cant details, typical elevations and cross sections, floor and
roof framing plans and typical structural details, and all
necessary preliminary electrical, mechanical and structural
engineering. Architect shall also prepare and furnish similar
preliminary plans and specifications for all other elements of
the Civic Center Complex, as delineated in Phase 1, including
proposals for space allocation and remodeling of the existing
administration and library buildings. In addition, Architect
shall notify City whether or not there is any indicated adjust-
. ment in previous estimates of the project construction costs
arising from market fluctuations or approved changes in scope
or requirements, and shall submit for approval a final estimate
of the project construction cost complete in all details.
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Phase 3. Working Drawings and Specifications.
Architect shall prepare and furnish to City two (2) complete
sets of working drawings and specifications for the library,
including plans, elevations, sections, details and specifica-
tions covering architectural, civil engineering, structural,
electrical, heating, air conditioning, plumbing, utilities
and other mechanical work to be done, materials, workmanship,
finishes, and all equipment required. Architect shall also
prepare similar working drawings and specifications for all
other elements of the Civic Center Complex, as delineated in
Phase 1, including proposals for space allocation and remodel-
ing of the existing administration and library buildings.
Architect shall also prepare necessary bidding information,
special provisions and general conditions of contract, and
shall assist City in applying for and obtaining required
approvals from applicable public agencies, and in securing
required permits.
Phase 4: Construction Services.
Architect shall furnish and perform the following services as
they relate to the library facility and other elements of the
Civic Center Complex as delineated in Phase l:
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 construction
documents for bidding and construction purposes. He
shall furnish to City fourteen (14) sets of final
specifications for said work at the expense of Architect.
Further, Architect 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 re-
production 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 awarding the construc-
tion contracts, including the evaluation and analysis
of bids submitted for construction contracts based upon
approved working drawings and specifications.
5. Architect shall issue clarifying addenda during
bidding, if required.
6. Architect shall check all shop drawings for archi-
tectural, structural, mechanical and miscellaneous trades.
7. Architect shall provide technical direction to a
project inspector employed by and responsibe to City, as
required by applicable law.
8. Architect expressly agrees to endeavor to, by his
on-site observations, guard City against defects and
deficiencies in the work of the contractor, and shall
immediately notify City of any defects or deficiencies
which he may find or note, but does not guarantee the
performance of said contractor, his construction methods,
techniques, sequences or procedures.
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9. Architect shall: provide general administration
of the construction contract, including periodic inspec-
tions at the site as he may deem necessary and/or as
required by City to render architectural supervision,
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;
recommend payment in amounts approved by Architect;
provide a color schedule of all materials in the project
for City's review and approval; determine date of sub-
stantial 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 contract for the actual work may be done
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 acceptance 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 con-
struction contractor to make any changes affecting the
construction contract price without written approval of
City.
12. Architect shall perform his work hereunder, and
exercise his best efforts to coordinate the work of others
to the end that the work can be carried forth according
to the proposed schedule of completion to be established
by mutual agreement between City and Architect.
13. Architect shall prepare and furnish to City one (1)
set of '°as-built" drawings, based on the original working
drawing tracings showing changes made in the course of
construction.
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 substantial changes or
alterations in the scope or plan of the project as requested by City
subsequent to approval of Architect's plans. The fees for said addi-
tional 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
of their employment and the selection must meet with the approval of the
Chief Administrative Officer.
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IV. SCOPE OF AGREEMENT.;
The scope of this agreement shall include the design and de-
tailing of all elements of the Civic Center Complex, including construc-
tion fences, associated billboards and signs, etc., parking areas, land-
scaping and interior furnishing. It is further understood that the scope
of this agreement may be modified from phase to phase.
V. TERMINATION:
Architect shall complete the work of Phase 1 on or before May 31,
1970, and shall proceed no further with the phases as set forth herein
unless written notification to do so has been received from 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 May 31, 1970, without
any liability to Architect other than for the payment of the amounts pro-
vided in this section.
Upon the termination of this agreement on or before May 31, 1970,
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 transmitted to City and they
shall be the sole property of City; subject, however, to the same restric-
tions on use as set forth herein.
VI. PROJECT CONSTRUCTION COSTS:
The project construction costs shall be an approved estimate 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, plus 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. ARCHITECT'S COMPENSATION:
City agrees to pay Architect for said services a fee of eight
percent (8%) of the cost of construction, as set forth in Section VI,
PROJECT CONSTRUCTION COSTS; provided, however, if the total of the low
bid or bids for all portions of the work theretofore bid, plus the estimated
construction cost of portions of the work not yet bid at any time exceeds
one hundred and ten percent (1100) of the project construction costs,
City reserves the right to require Architect, at his own expense, to re-
vise the plans, working drawings and specifications as hereinabove set
forth in such manner as will permit the securing of new bids on such
portion of the total work, so that the total construction costs shall
not exceed one hundred and ten percent (110%) of the approved estimate
of construction costs as submitted by Architect. Payments to Architect
of said fees shall be made as follows:
A. For Phase 1, a sum of fifteen percent (15%) of the
Architect's fee, payable as follows:
1. $5,000.00 upon the execution of this agreement.
2. The balance of said fifteen percent (15%) at completion
Phase 1.
Any amounts paid pursuant to the terms and conditions of Section
VI, ARCHITECT'S COMPENSATION, as set forth in the agreement
dated April 22, 1969, as approved by Resolution No. 5130, and
Section 2 of that certain agreement dated December 9, 1969, as
approved by Resolution No. 5465, shall be off-set against the
fifteen percent (15%) of the Architect's fee as provided therein;
provided, however, that any sums expended on an hourly basis for
the development of schematics of the multipurpose facility to be
used as an auditorium/theater-convention/exhibition hall as pro-
vided in said agreement dated December 9, 1969 shall not be off-
set against said fifteen percent (150). ~~
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B. For Phase 2, an additional sum of fifteen percent (15%) of
the adjusted estimated Architect's fee, payable upon completion
of Phase 2.
C. For Phase 3, an additional sum not to exceed fifty percent
(500) of the Architect's fee, payable in monthly progress pay-
ments, based on estimates of completed work submitted by Archi-
tect and approved by City, for a total of eighty percent (800).
D. For Phase 4, an additional sum not to exceed twenty percent
(200) of the fee, payable in monthly payments as work progresses,
provided that ten percent (100) of this twenty percent (20%)
shall not 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.
IX. CITY'S RESPONSIBILITY:
The following information and assistance shall be furnished
to Architect by City, at City's own expense:
A. A Clerk-of-the-Works, if necessary, will be retained by
City.
B. City shall provide full information as to the requirements
` and program of the project, including realistic budget limita-
tions and scheduling for the economical and expeditious develop-
ment of the project.
C. City shall pay for a certified survey of the site, including
grades and lines of streets, pavements, adjoining properties,
rights-of-way, restrictions, easements boundary, zoning regu-
lations and contours of the building site; locations, dimensions
and floor elevations of existing buildings, if any; other im-
provements 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 parking research
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 and foundation recom-
mendations.
F. City shall notify Architect of administrative procedures
required and name representatives, if any, authorized to act
on its behalf.
G. City shall review documents submitted by Architect and
shall promptly render decisions pertaining thereto, to avoid
unreasonable delay in the progress of the project. Architect
shall observe the procedure of issuing any order to contractors
only through City.
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 in-
surance:
A. Architect agrees to carry a policy of public liability
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 accident, 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 the Finance Officer of
the City of Chula Vista.
B. Architect agrees to carry a professional liability insurance
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which policy or a true copy of said policy shall be deposited
with the Finance Officer of the City of Chula Vista prior to
the commencement of work.
C. Architect agrees to carry such amounts of Workmen's Compen-
sation Insurance as may be required by law.
XI. COPIES OF DOCUMENTS:
Architect will furnish, at no cost to City, two (2) copies
of Phase 1 schematics, two (2) copies of Phase 2 preliminary drawings
and specifications, two (2) copies of Phase 3 working drawings and
specifications, fourteen (14) copies of Phase 4 final working drawings
and specifications, and one (1) copy of "as-built" drawings, in addition
to those documents as required in other sections of this agreement.
XII. OWNERSHIP OF DOCUMENTS:
The plans, drawings, specifications and estimates shall be and
remain the property of the City of Chula Vista. City expressly agrees
that said plans, drawings, specifications and estimates shall not be
used on any other work, public or otherwise, except by and with the con-
sent of Architect, and this agreement shall be carried out whether or
not the work for which said plans, drawings, specifications and estimates
is actually executed, carried out and completed.
XIII. AS-BUILT DOCUMENTS.
Architect shall require that as-built records be maintained 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 construc-
tion shall be recorded on the original tracings by Architect and delivered
to City. Failure to require that as-built records be maintained on a cur-
rent basis may be grounds for withholding payment to Architect and/or con-
tractors.
XIV. SUCCESSORS AND ASSIGNS:
It is understood and agreed that this agreement shall be binding
upon City, 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 thereafter
all references herein to City shall be deemed to be references to such
assignee and all references to City officials or representatives shall be
deemed to be to the most comparable official or representative of assignee.
XV. WARRANTIES:
Architect warrants that (1) the professional services to be fur-
nished by it under this agreement shall be performed by, or under the direc-
tion of, duly licensed architects or registered engineers or experienced
planners and (2) all drawings and specifications for the project shall con-
form to all state and local laws and codes. The City shall not direct the
Architect to proceed with work involving a violation of such laws and codes.
IN WITNESS WHEREOF, the parties hereto have executed this amended
agreement the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA ARCHITECT: RICHARD GEORGE WHEELER, A.I.A.,
AND ASSOCIATES
Mayor of the City of C_hu/la sta
ATTEST ~-`~ -w~_~, C.~~~/~ *Approved as to form by
City Clerk
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George D. Lindberg, ity Attor y
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