HomeMy WebLinkAboutReso 1967-4471Form No. 342
RESOLUTION NO. 4471
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VIS'I'A AND
RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES FOR DESIGN OF A POLICE
FACILITY
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
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
for design of a police facility
dated the 5th day of J,,; ~ , 19 67 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 i`T FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed r_•% ~~x.~c~, v_~ said
agreement. ': ~x: •_r. behalf of sa_d _'vty.
BE IT FURTHER RESOLVED that the sum of $3,500.OU be, and the same is
hereby appropriated from the unappropriated surplus of the General Fund for the
purposes set forth hereinabove.
Presented by ____~
~~
Fred A. Ross, Chief Administrative Officer
Approved as to form by
George D, ndberg, City Attorney
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ADOF~'EO A~?D Al'PRO'JF;D by _he CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, this _ 5th day of July
to-vita
x967 by the. rollowing vote,
AYF.S~ Councilmen McAllister Sparling, Sylvester, Anderson, McCorquodale
NAYES ~ Cou.-tci liner. None
ABSENT; Councilmen None
i :~'~ ~' ~ ''7
.~ ,C~.
_ ayor of the City of Chu'_ ~ista ~,.-
i
__~...-`
HTTEST ~. ~~~ :~• ~ ~~~
City Clerk
STATE OF CALIFORN lA j
COUNTY OF SAN DIEGO j ss .
CITY OF CHU:LA ~iTSTA ~
I, KENNETH F~ C.~'~i:FBEL.L, City Clerk of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above ar.d foregoing is a full., true and correct copy of
and that th.e same has net been amended
or repealed.
DATED
City Clerk
CC-652
.AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND RICHARD GEORGE WHEELER, A.I.A. A.ND
ASSOCIATES, FOR DESIGN OF A POLICE FACILITY
THIS AGREEMENT, made and entered into this 5th day of July, 1967,
by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter
called "City", and RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES, a Calif-
ornia 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
police facility to serve the residents of Chula Vista, and
WHEREAS, it is desirable to proceed with the preparation of plans,
studies, drawings and specifications in connection 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 police facility,
and Architect is willing to undertake and perform such work, including general
architectural and engineering services, in order that t..e completion of the
police facility will not be delayed beyond November, 1959, and
WHEREAS, it is desirable to cause the work of Architect to be accom-
plished in two steps, the first being Phase 1 as described 'Herein, to be
completed on or before August 16, 1967, 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 Architect to render the professional services
hereinafter described for the project at and for the compensation hereinafter
set forth, and Architect hereby accepts such ergageme.,t on the terms herein
stated. The professional 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 authorizati~t_ to proceed ::ith
the next phase of the work. The professional services sha~~ be as follows:
A. Phase 1. Schematics and cc<;_ estimates. Architect shall prepare
and furnish to the City two copies of complete schematic plans of
the police facility. Said preparation shall include conferences with
the City, examination of the site and surrounding areas, the prepar-
ation of a s"~te survey, including research and preparation of required
codes and ordinances. Architect shall develop a schematic desi;-,n
concept ~-:d necessary rendering fully depicting the proposed facility.
Architect. shall develop a preliminary cost estimate and construction
program ar:d phasing. Said schematics and cost estimates shall also
irc`_~c the parking area and landscaping solely for the purpose of
develc_..ng cost estimates for Phase 1.
B. Phase 2. Preliminary plans and specifications. Architect shall
~' _ prepare and furnish to City a complete set of preliminary plans and
specifications for the police facility, 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 preli:~.inary electrical, mechanical and
structural engineering. 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 complete
in all details.
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C. Phase 3. Working drawings and specifications. P.rchitect shall
prepare and furnish to City two (2) complete sets of working drawings
and specifications for the police facility, including plans, elevations,
sections, details and specifications covering architectural, civil
engineering, structural, eiectr-ical, heating, air conditioning,
plumbing, utilities and other mechanical work, and shall set north
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 supplementary
general conditions of contract, and shall assist City in appiyirg for
and obtaining required approvals from applicable public agencies, an3
in securing required permits.
D. Phase 4. Construction Services. Architect shall furnish and per-
form 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 ,:he review and approval of the applicable
public agencies.
2. Architect shall provide copies of the cc_y_ruction documents
for bidding and construction: purposes. fie s::a~_ furnish to City
fourteen (i4) sets of blueprints of the final .~..rking drawings
and f,::_~teen (14) sets ~_ final specifications fcr said work at
the e:~_pense of Arch_~_c.t, r;~rther, Architect shall provide trac-
ings fcr drawings ~._` ;,tencils for specifications cf a type and
form acceptable to t:.~ City nor the use of City in the reproduction
of said blueprints and specifications.
~_ Architect shall assist City is the prey ~.:._-_~r. of the usual
co~:~truction contract documents.
' 4. __rczitect shall gi~,~e any assistance required by C_._y in obtain-
__~ proposals from contractors and shall make recommendations to
assist City in awarding the construction contracts,. including the
evaluation and analysis of bids submitted for construction con-
tracts based upon approved working drawings and specifications.
5. Architect shall issue clarifying addenda daring bidding, if
:~ _~uired,
... Arc%:itect shall check all shop drawings for architectural,
structural, mechanical and miscellaneous 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 guard City against defer:.s and
deficiencies in the work of contractors, and shall immediately
notify City of any defects or deficiencies which he may find or
note, but does not guarantee the performance of said contract: or
contracts.
9. Architect shall: provide general administration of the con-
struction contracts, including periodic inspections at the site
as he may deem necessary and/or as required by City to render
architectural supervision, which is distinguished from the con-
tinuous personal inspection of the project _nspector; 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 cc-~piiance with design;
approve substitution of materials, equips!c_a and laboratory reports
thereof, subject to the approval of City; maintain construction
accounts; recommend change orders for written approval of City;
examine contractor's applications for payment; recom~end payment
in amounts approved by Architect; provide a color sc;edule of
all materials in the project for City's review and approval;
determine date of substantial completion; make final inspec-
tion of the project; assemble written guarantees, instruction
books, diagrams and charts recurred of the contractors; and
issue P.rchitect°s certificate of completion and final certifi-
cate for payment. Inasmuch as contracts 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 any contractor.
10. Architect, as part of his basic professional services,
will provide advice to City on apparent deficiencies in con-
struction 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 cf ar.:i change or changes necessary or
desirable in the p lar_s and s~ec-ificatiors for the project, and
Architect shall not or 1_r ary cons*_ruc`ion contractor to make
any changes affecting ~__e constrructicn c:,ntract price without
written a~r.roval of _. _.
12. --_ehitect shall __'_or:^ his work here-~~-_4~_:, and exercise
his .____ efforts tc coordinate the work of others to the end
than ::~:e work can be carried '=orth according to the proposed
sched~.'_e of completion to be established by mutual agreement
becc:_cr: City and Architect.
13. Architect shall 4_-_pare and furnish to City one set of
"as-built" drawings ba.,ad o^, the original working drawing
tracings, showing char-;:;as mac' in the ccur~.e of corst-~uction.
II. EXTRA SERVICES OF THE ARCHITECT=.
Architect agrees to provide any necessary addi_.`caal services,
resulting in extra expense to Arc'r:`_~ect caused by the delinquency or insol-
vency of any contrac*_or, or caused ,_ substantial changes or alterations in
the scope or plan of the project a., requested by City subseque~,a to approval
of Architect`s plar.s_ T_ne fees for said additional services shall be mutually
agreed upon by Arc:ii~~c~ and City.
III. EMPLOYEEc ,~ ^C°S~'""TANTS.
Architect, as part of the basic =.,,fessional rv-_ces, shall employ
at his own expense tec`:r:icians and professionals prope-r~y skilled in the
various aspe~as of ~_..-. design and construction of facilities required. Zf
consultants "~~ engaged, City shall be advised ir. writing in advance of their
employment ;_:~ ;'.:~ s•eiection must meet the approval of the Chief Admini:.trative
Officer.
ZV. SERVICES OJTSIDE SCOPE OF AGREE?SENT.
The following services are outside the scope of this Agreement:
A. The design and detailing of constructior. fence and associated
. billboards, signs, etc.
B. The design, engineering and d~.ailing of parking lots and pre-
paration of detailed landscape plans. `
- C. ~nterior furnishings.
V. TER~:INATIOV.
Architect shall complete the work of Phase 1 on or before August 16,
1907, and shall proceed no further with the phases as set forth herein unless
written notification to do so has been received from tt_e City. City shall 'nave,
..,wever, the right to suspend or abandon t::e 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 August 16, 1957, 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 16, 1967,
Architect shall be paid for the work acct-':plished, but said amount shah rot
in such event exceed the fee to be paid fo° '_'hase 1 as set forth Herein. On
the suspension or abandonment of the pro e: as a whole or in part, and the
termination of this Agreement, and the pa-::.ent 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 forth-
with transmitted to City and they shall be the sole property of City, subject,
however, to the same restrictions on use as set forth herein.
VI. PROJECT CONSTRUCTION COSTS.
The project construction costs shall be an approved estimar~ of ccn-
struction cost to City as submitted by Architect, until such time a ;;ids have
been received whereupon it shall be the lowest responsible bid, pin(, sry
additive/deductive change orders and 'or alternates. The City resa_;-._~ th-_
t' right to employ an irdep~ .dent cost :-stimaccr tc review and check A~;~;:it:_-:.t `s
estimates and the firdir.s of the City shall be final in determining she
estimated costs.
VII. ARCHITECT`S ~•:;'PENSATION.
City agrees to pay Archite~c for said services a fee of eight pe_cent
(8%) of the cost of construction, a. .yet forth in Section VI, PROJECT CO:~SiRUCTION
COSTS, provided, however, if the tot~_ of .~:e lc*,~ bid or bids for all portions
of the work theretofore bid, plus the estirated construction cost cf oortions
of the work not-yet-bid,`at,any *_ime exceeds liC% of the project construction
costs, City reserves the right to r-- :ire architect at its own ex~erse to revise
the plans, working drawings and spec__icaticns as hereirbefore set ''forth i._
such manner as will permit the secu-ri..g of new bids on such portion:, or total
work, so that the total construction costs shall not exceed 110% of the ar~roved
estimate of constructio_z costs as sub-fitted by Architect. Payments to Architect
of said fees shall bra Wade as follows:
A. Eor Phase 1 a sum cf _`f~aen .percent (15%) cf the Architect's fee
payable as follows:-
1. $3,500.00 upon t:e e.-_ecu~-ion of this `-_-ree:aent
2. _,..: ~,aiance of sai~ 15% a~ completic_: _, :: Phase 1.
B. For _..... ? an additional sum cf fifteen percent (15%) of the
adjuste3 es~~.ated Architect°s fee, payable upon completion of Phase 2.
C. 'or Phase 3 an additions"! sum not to exceed fifty percent (50%)
of ~::e Architect's fee, payable in monthly progress payments, based
o:: estimates ~` completed work submitted by Arc.:i_act and approved
b_; :: ity.
D- _'or Phase ~: an additional sum not to exceed twenty percent (20%)
of the construction costs, payable in monthly payments as work
proa_~esses, provided that ter. percent (10%) of said Architect's fee
s:z__ :.,_- be paid until the project has been completed and accepted
b: ,~ ..
VIII. REZA`:•:_;S _BlE EXPENDITURES.
Any reimbursable expenditures made by Architect for the benefit c_ ally
must '~e authorized and approved by City.
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IX. CITY'S RESPONSIBILITIES.
The following information and assistance shall be furnished to
Architect by City, at the City's own expense:
A. AClerk-of-the-Works, if necessary, will be retai.ec: by City.
B. City shall provide full infcrmation as to the reeuir~rents and
program of the project, including realistic budget limitaticns and
` scheduling for the economical and expeditious development 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 regulations
and countours of the building site; locations, dimensions and floor
elevations of existing buildings, if any; other improvemes~s and
trees, and full information as to available service and utility
lines both public and private.
D. City shall pay for ~__ ._acessary traffic and parking research
and ccnsuitation required fcr proper design of access to the site,
inte_.ral automobile traffic =low, and parking arrangements.
E. City agrees to furnish soil analysis and foundation r.~osne~•:_ations.
F. City shall notify Architect of administrative procedu_ce~ re~~ired
any ..:ame representatives, if any, authorized to act on its o-eha~.-.
G. City shall review documents submitted by Architect and shal_
promptly render decisions pertai~~_ing thereto, to avoid unreasor.ab~e
delay in the progress of the pro=~ect. Architect shall observe the
procedure of issuing any ordar tc contractors only through City.
X. INDEMNIFICATION A~\'D INSURANCE.
Architect agrees to indemnify and hold City har_::_ess from a1i clais~s
and demands of any Description arising out of the performance of this Agreement
including reasonab le attorney's fees and court costs is the defense of any
action. Architect agrees to carry the following insurance:
A. Architect ag-rees to carry a policy of public liability insurance
of limits of $100,000.00 fo-r 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.CO, which
policy, or a true copy of said policy, shall be deposited with t:^.e
Finance Officer of the City of Chula Vista.
B. Architect agrees to carry a _rofessional liability insurance
policy (error and omission insurance) in the sum of $500,000.CO,
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 com-
mencemer.t of •v;cric.
C. Architect agrees to carry such amounts of Workmen`s Compensation
InsLr:~ce as may be required by Iaw.
XI. COPIES OF DCC~EATTS.
Arc`r.itect will furnish, at no cost to City, two copies of Phase 1
• schematics, two copies of Phase 2 preliminary drawings and specifications,
two copies of Phase 3 working drawings a:.d specifications, fourteen copies of
_. Phase 4 final working drawings and specifications, and one copy of "as-bui-~_"
drawings in addition to those documents as required in other sections of this
Agreement.
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XII. OWNERSHIP OF DOCL?:ENTS
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 estir.:ates shall not be used on any other work,
public or otherwise, except by and with the consent cf Architect, aad this
agreement shall be carried out whether or not t'r:e work -nor which said plans,
drawings, specifications and estirates is actually executed, carried out and
completed:
XIII. AS-BUILT DOCUMENTS
Architect shall require that as-built records be :::aintained on a
current basis by the contractor and the inspector at the job site. At the
conclusion of the work, all changes made curing the course of cons~xuction
shall be recorded on the original tracings by Architect and del_•aared 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 A?v'D ASS-C2"S
It is urderstcod and agreed that ~_.is ag-~ee:,sent shall be bi .cir.~ upon
City and its successors and assigns., and _ ,_ Architect, its successors~a.:d
assigns. Neither : -_~ agreement nor any pa`t thereof, nor any monies; due cr
to become due thc_eui:der, may be assigned -~ Architect without the `..nse-~*_ and
approval of City. City may, however, ass-_~;.~. and transfer i is inte-r~._ - i_: phis
contract to ary other agency or ccr:-,~raticn of i is choice, U^on suc~. as:,:. <ree
entering into a written agreement with Architect to be ._.:e by all the - `~~s
and provisions hereof to the same extent as is City., sues. assignee shall .. __
substituted in place of City hereunder and thereafter all _efe-rences .:erei~.:
to City shall be deemed to be reference to such assignee aL:d all refe~encs.s
to City officials or representatives shall be deemed to be to:-,the me:>_ cc- -
parable official or representative o= the assignee.
XV. WARRANTIES
Architect warrants:
A. ih4 _.,~ professional services to be furnisL~_ .;y it under this
~ Agree.. :.t shall be performed by, or under the dir< .:`-_cr. cf, duly
licensed architects, or registered engineers, or ex_:__ienced planners.
B. That all drawings and specifications for the project s'.^.all cor.-
form to all state and local -aws a_:d cedes. The City-.- shall not
_ direct Architect to proceed ;Jith work involving a violation of such
laws and codes.
IN W%1_"SS T,rHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove set forth.
Appro.: d as to form by
T~.C'`~TY OF CriT-i.A VISTA
C
~.~ ? ~'
~_ -
_._CH<~~~ GEORGE WrriEELER, A.I.A. A:~D ASSCr-:TES
_.
~ ~ l
George D. Lindberg, City Attorney