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HomeMy WebLinkAboutReso 1969-5130•~ RESOLUTION N0. 5130 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, COMMISSIONING SAID ARCHITECT AS PROJECT ARCHITECT FOR DEVELOPMENT OF THE CHULA VISTA CIVIC CENTER COMPLEX AND AUTHORIZING THE MAYOR TO EXECUTE SAME 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 RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES, commissioning said architect as project architect for the development of the Ch la Vista Civic Center Complex, dated the ,z day of ~~ 1969, a copy of which is attached hereto and by referen e made a part hereof, 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. Presented by _--..-~ Approved as to form by Fred A. Ross, Chief Administrative George D, ndberg, Ci y Attorn Officer ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22 day of April , 19 69, by the following vote, to-wit: AYES : Councilmen Scott, Sylvester, Hamilton, McAllister NAYES : Councilmen McCorquodale ABSENT: Councilmen None ~; ATTEST ~ ty Cle STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) r of the City,6f Chula-Vista I~ City Clerk of Vista, California, DO HEREBY CERTIFY that the above is correct copy of Resolution No. and that the amended or repealed. DATED the City of Chula a full, true and same has not been City Clerk AGREEi+IEidT BETiVEEN THE CITti' OF CHULA VISTA ANU RICHARD GEORGE P~HEELER, A.I.A. AidD ASSOCIATES, COMMISSIONING SAIL FRCHITECT AS FROJECT ARCHITECT rGR THE DEVELOPMENT Or^ THE CHULA VISTA CIVIC CENTER COMPLEX THIS AGREEMENT, made and entered into this 22 day of April 1g~69 , 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 of Chula Vista has heretofore retained RICHARD GEORGE WHEELER, P..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, said police facility is a part of the Civic Center Complex, in accordance with the preliminary studies and designs prepared by Knight and Gladieux as approved by the City Council as the D7aster Plan for the development of the Civic Center by Resolution No. 4929, adopted on the 8th day of October, 1968, and WHEREAS, it has been determined to be beneficial to have said Civic Center development designed and constructed under the direction of a single architectual firm, and WHEREAS, certair. elements of the total construction must be planned in conjunction with the design and construction of the proposed police facility, and WHEREAS, the City Council has determined that the overall design and planning of the Civic Center should be accomplished by the architect heretofore retained for the construction of the police facility, and therefore, does hereby appoint RICHP_RD GEORGE WHEELER, A.I.A. P_ND ASSOCIATES to be Project Architect of the Chula Vista Civic Center Complex, and to coordinate all phases of the construction of said project. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND A:~REED by and between"City and Architect as follows: I. PROFESSIONAL SERVICES. City hereby engages Architect to render the professional services hereinafter described for the entire Civic Center Project at and for the compensation hereinafter set forth, and Architect hereby accepts such engagement on the terms herein stated. The professional services shall be rendered substantially in two phases. Architect shall not proceed with the work for each successive phase until he has received written approval from the City in the form of a detailed agreement for_ the construction of additions to the Civ~.c Center Froject; e.g., the remodeling of the existing Administration Building and the Chula Vista Library. Furthermore, Architect shall not proceed with the preliminary steps under Phase 1 of the professional services beyond those project areas autP.orized by this Agreement until he has received written approval from the City for such successive projects, A. Phase 1. Schematics and Cost Estimates. Architect shall prepare and furnish to the City two (2) copies of complete schematic plans for the following project areas: (1) the development of total project area. involving the police facility and the Administration building, including proposed walkways, walls, and architectural design tying the police facility into the existing F.dministration building, and (2) the establishment of the Plaza and its relationship with the development of the eight-acre site -1- ~`~i ~ ~ bounded by Fourth P.venue on the West, Garrett on the East, Davidson cn tY~.e North ar_c "F" Street on the South. Said preparation shall include conferences with the City, examin- atior_ of the site and surrounding areas, preparation of a site survey, including research and preparation of required codes and ordinances. Architect shall develop a schematic design concept and necessary rendering fully depicting the proposed facilities. Architect shall develop a preliminary cost estimate and construction program and said cos*~ estimate shall also include any parking areas and landscaping in con- e junction with said portions of the project. B. Phase 2. Preliminary Plans and Specifications. Phase 2 of these professional services will encompass preliminary _- ~ plans and specifications, working drawings and specifications, and construction services as set forth in any future agree- ment which may be entered into by and between Project Architect and City. II. EXTRA SERVICES OF THE ARCI3ITECT. 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 additional services shall be mutually agreed upon by Architect and City. III. EMPLOYEES AND CONSULTPIQTS. 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 the facilities required. _Tf consultants are engaged, City shall be advised in writing ir: advance of their employment and the selection must meet. the approval of the Chief Administrative Officer. IV. SERVICES OUTSIDE SCOPE OF AGREEMENT. The following services are outside the scope of this Agreement: The design and detailing of construction fence and associated billboards, signs, etc. The design, engineering and detailing of parking lots and preparation of detailed landscape plans. Interior furnishings. V. TERMINATION. Architect shall complete the work of Phase 1 on or before August 1, 1969, and shall proceed no further with other portions of the total Civic Center project in Phase 1 nor with any portion of Phase 2 unless written notification to do so has been received from City. City shall have the right, however, to suspend or abandon the project i_n whole or in part at any time, and City shall have the right to terminate this Agreement at any time yihether before or after August 1, 1969, 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 August 1, 1969, Architect shall be paid for the were: accomplished, but said amount shall not, in such event, exceen the fee to .be paid for Phase 1 as set forth herein. Cn the suspension or abar_donment 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 drawings, specifications and estimates and other completed contract documer_ts prepared under this Agreement by Architect shall be forthwith trans- mitted to City and they s'~all be the so1.e nrcperty of City, subject, however, to the same restrictions on use as set forth herein.. -2- ~ ~~ ~~ VI. ARC~?ITL'CT'S COMP~;NSA'i'lUC+. Architect shall be compensated for the work undertaken in Phase 1 as delineated herein on ar_ hourly basis. Said hourly basis shall be in accordance with the following schedule: Principals ............................$28.00 - Project Architect ..................... 15.00 Project Designer ...................... 15.00 Draftsman........ ................... 12.50 Junior Draftsman ...................... 10.00 plus reproduction costs and other costs as required and approved by the City. It is further understood and agreed that any of the costs thus compensated on an hourly basis would be off-set against the Architect's fee in the event tl'iat the Architect is awarded a contract to proceed with the i~rork of Phase 2 for any cr all of the construction projects delineated herein. VLI . REIMBURSABLE EXPEILTDITUP.ES . $' Any reimbursable expenditures made by Architect for the benefit of City. must be authorized and approved by City. VIII. CITY'S RESPONSIBILITIES. The following information and assistance shall be furnished to Architect by City, at the City's own expense: A. City shall provide full information as to the requirements and program of the project, including realistic budget limitations and scheduling for the economical and expeditious development of the project. B. City shall pay for a certified survey of the site, in•- cluding grades and lines of streets, pavements, adjoining properties, rights-of-way; restrictions, easements, boundary, zoning regulations and contours of the building site; loca- ' tions, dimensions and floor elevations of existing buildings, _ if any; other improvements and trees, and full information as to available service and utility lines both public and private. C. City shall pay for all necessary traffic and parking research and consultation required for proper design of acres to the site, internal automobile traffic flow, and parking arrangements. D. City agrees to furnish soil analysis and foundation recom- mendations. E. City shall notify Architect of administrative procedures required and name representatives, if any, authorized to act on its behalf. . F. 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. IX. INDEMNIFICATION APID IiiSTJR1~NCE 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 a.ny action. Architect agrees to carry the following insurance; -3- 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 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 Vssta prior to the com~-~encement of work. C. Architect agrees to carry such amounts of Workmen's Compensation Insurance as may be required uy law. X. COPIES OF DOCUMENTS. Architect will furnish, at no cost to City, two copies of Phase 1 schematics. XI . OPTNERSHIP OF DOCUI~7ENTS . 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 rot be used on any other work, public or otherwise, except by and with the consent cf Architect, and this Agreement shall be carried out whether or not the work for which said plans, drawings, specifica- tions and estimates is actually executed, carried out and completed. XII. SUCCESSOR AIQD P_SSIGNS . 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 conser_t and approval of City. City may, however, assign and transfer its interest in this Agreement 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 representa- tives shall be deemed to be to the most comparable official or repre- sentative of the assignee. XIII. WARRANTIES. Architect warrants: A. That the professional ser,rices to be furnished by it under this Agreement shall be performed by, or under the direction ef, duly licensed architects, or registered engineers, or experienced planners, B. That all drawings and specifications for the project - 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. -4- -.~~ ~ ~ liv '.N1'1'!V~:i:~ wnr.t~ur me parue.s nere-co nave causer znis r~gree- nent to be executed the duy and tt-~e year first hereinabove set forth. TH% CITY OF CHliLA VISTA,.., PROJECT ARCHITECT yor of t e City°of u a Vis a Richard Geoz` e WYi'eler, A.I.A, and Associates r ATTEST `'J -~-~e~i(~c -~-~ ~-~ '_ y Clerk ~ Approved as tc fo by George D. ndberg, City Attorney -5- _: F' 2-s~~~