HomeMy WebLinkAboutReso 1969-5302RESOLUTION N0. 5302
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES FOR DESIGN
OF A CITY LIBRARY FACILITY AND AUTHORIZING THE MAYOR TO
EXECUTE SAME AND APPROPRIATING NECESSARY FUNDS
The City Council of the City of Chula Vista does hereby resolve
as follows:
That that certain agreement between the City of Chula Vista,
a municipal corporation, and Richard George Wheeler, A.I.A. and
Associates, a California corporation, dated the 5th day of
August 1969, a copy of which is attached hereto and incor-
porated 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 agreement
for and on behalf of said City.
BE IT FURTHER RESOLVED that the sum of $5,000.00 be, and the same
is hereby appropriated from the Unappropriated Surplus of the General
Fund.
Pres ted by
'Sane F. Cole, Director Public
Works Y~
Approved as to form by
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George D, ndberg, City Attorne
ADOPTED ADTD APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 5th day of August , 1969 ., by the following vote,
to-wit:
AYES: Councilmen McAllister. Sylvester, Hamilton, McCorquodale
NAYES: Councilmen Scott
ABSENT: Councilmen None
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Mayor o the Ci y o ula Vista
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAPd DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
and that the same has not been amended
or repealed,
DATED :
City Clerk
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AGREEMENT BETWEEN THE CITY OF CHULP_ VISTA
AN D
RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES
FOR DESIGN OF P_ CITY LIBP,ARY FACILITY
THIS AGREEMENT, made and entered into this 5th day
of August, 1969, by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and F.ICHARD
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 of Chula Vista desires to construct
and operate a new library to serve the residents of Chula Vista,
and
WHEREAS, it is desirable to proceed with the prepar_a-
tion of plans, studies, drawings and specifications in connec-
tion with the construction of such facility, in order to arrive
at an estimated cost pending completion by City of necessary
arrangements for financing the cost of the library, and. the
Architect is willing to undertake and perforrm such work, in-
cluding general architectural and engineering services, and
WHEREAS, said services shall. also include necessary
work for construction of parking areas and. installation of land-
scaping relating to the construction and operation of said
library facility, and
FlHER.EAS, it is desirable to cause the work of A.rchi-
tect to be accomplished in two steps, the first being Phase I
as described herein, to be completed on or before January 30,
1970, and the second to include Phases 2 through 4, encompassing
all work to be accomplished by Architect thereafter at the sole
option of the City.
NOW, THEREFORE, it is mutually understood and agreed
by and between City and Architect as follows:
I. PROFESSIONAL SERVICES:
City hereby engages P_rchitect to render the profes-
sional services hereinafter described for the project at and
for the compensation hereinafter set forth, and Architect hereby
accepts such engagement on the terms herein stated. The pro-
fessional services shall be rendered substantially in four
phases. Architect shall not proceed with the work for each of
the 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 further understood that the scope of the
agreement may be modified from phase to phase. The professional
services shall be as follows:
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A. Phase 1: Schematics and cost estimates. Architect
shall prepare and furnish to the City two copies of com-
plete schematic plans of the library. Said. preparation
shall include conferences with the City and its consul-
. tants, examination of the site and surrounding areas,
including research of required codes and ordinances.
Architect shall develop a schematic design concept and.
necessary rendering fully depicting the proposed facil-
ity. Architect shall develop a preliminary cost esti-
mate and construction 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
library, 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 framincr
plans and typical structural details, and all necessary
preliminary electrical, mechanical and structural engi-
neering. In addition, Architect shall notify City
whether or not there is any indicated adjustment 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 com-
plete in all details.
C. Phase 3: G7orking 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 specifications covering architectural,
civil engineering, structural, electrical, heating, air
conditioning, 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 conditions of contract, and shall assist City
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 (14) sets
of final specifications for said work at the ex-
pense of Architect. Further, Architect shall pro-
vide tracings for drawings and stencils for speci-
fications of a type. and form acceptable to the City
for the use of City in the reproduction of said
blueprints and specifications.
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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 eval-
uation and analysis of bids submitted for construc-
tion 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
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, and shall immediately notify City of any de-
fects or deficiencies which he may find or note,
but does not guarantee the performance of said con-
tractor nor his construction methods, techniques,
sequences or procedures.
9. Architect shall: provide general administra-
tion of the construction contract, including peri-
odic inspections at the site as he may deem neces-
sary and/or as required by City to render architec-
tural supervision, which is distinguished from the
continuous personal inspection of the project in-
Spector; 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, equip-
ment and laboratory reports thereof, subject to
the approval of City; recommend change orders for
written approval of City; examine contractor's ap-
piications 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 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 contract
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.
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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 an_v
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 con-
struction 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 b_y 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.
II. EXTRA SERVICES OF THE ARCHITECT:
Architect agrees to provide any necessary additional
services, resulting in extra expense to P.rchitect caused by the
delinquency or insolvency of any contractor, or caused by sub-
stantial changes or alterations in the scope or plan of the
protect as requested by City subsequent to approval of Archi-
e tect'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 con-
e struction of facilities required. If consultants are engaged,
City shall be advised in writing in advance of their employment
and the selection must meet the approval of the Chief Adminis-
trative Officer.
IV. SERVICES OUTSIDE SCOPE OF AGREEMENT:
The following services are outside the scope of this
Agreement:
A. The design and detailing of construction fence
and associated billboards, signs, etc.
B. Interior furnishings.
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V. TERMINATION:
Architect shall complete the work of Phase 1 on or be-
fore January 30, 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 Agree-
ment at any time whether before or after January 30, 1970, with-
out 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 30, 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 abandon-
ment 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 re-
strictions 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 aver-
age shall be used as the estimated construction cost.
VII. ARCHITECT'S COMPENSATION:
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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 thereto-
fore bid, plus the estimated construction cost of portions of the
work not yet bid, at any time exceeds 1108 of the project con-
struction costs, City reserves the right to require Architect at
its own expense to revise the plans, working drawings and speci-
fications as hereinbefore set forth in such manner as will permit
the securing of new bids on such portion, or total work, so that
the total construction costs shall not exceed 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 15o at completion of Phase 1.
B. For Phase 2 an additional sum of fifteen percent
(15%) of the adjusted estimated Architect's fee, payable
upon completion of Phase 2.
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C. For Phase 3 an additional sum not to exceed fifty
percent (500) of the Architect's fee, 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 not to exceed twenty
percent (20g) of the fee, payable in monthly payments
as work progresses, provided that ten percent (l00) of
this 20o 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 RESPONSIBILITIES:
The following information and assistance shall be fur-
nished to Architect by City, at the City's own expense:
A. A Clerk-of-the-Works, if necessary, will be re-
tained 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 pay for a certified survey of the site,
including grades and lines of streets, pavements, ad-
joining properties, rights-of-way, restrictions, ease-
ments, boundary, zoning regulations 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 park-
ing research and consultation required for proper de-
sign of access to the site, internal automobile traf-
fic flow, and parking arrangements.
E. City agrees to furnish soil analysis and founda-
tion recommendations.
F. City shall notify Architect of administrative pro-
cedures 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
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the performance of this Agreement, including reasonable attor-
ney's fees and court costs in the defense of any action. Archi-
tect agrees to carry the following insurance:
A. Architect 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 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 policy (error and omission insurance) in the
sum of $500,000.00, 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 Work-
men'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, two copies of Fhase 2 preliminary draw-
ings and specifications, two copies of Phase 3 working drawings
and specifications, fourteen copies of Phase 4 final working
drawings and specifications, and one 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 consent 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 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 origi-
nal tracings by Architect and delivered to City. Failure to re-
quire that as-built records be maintained on a current basis may
be grounds for withholding payment to Architect and/or contrac-
tors.
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 there-
under, may be assigned by Architect without the consent and
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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 agree-
ment 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 ref-
~ erences herein to City shall be deemed to be reference to such
assignee and all references to City officials or representatives
shall be deemed to be to the most comparable official or repre-
sentative of the assignee.
YV. WARRANTIES:
Architect warrants:
A. That the professional services to be furnished by
it under this Agreement shall be performed by, or under
the direction of, duly licensed architects, or regis-
tered engineers, or experienced planners.
B. That all drawings and specifications for the proj-
ect shall conform to all state and local laws and
codes. The City shall not direct Architect to proceed
with work involving a violation of such laws and codes.
IN WITNESS WHEREOF the parties hereto have executed
this Agreement the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
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RICHARD GEORGE WHEELER, A.I.A.,
AND ASSOCIATES.
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Approved as to form by:
George D. ndberg, City Attorney
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