Loading...
HomeMy WebLinkAboutReso 1967-4472- t Form No. 342 RESOLUTION NO. 4472 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VICTOR WULFF, A.I.A., AN INDIVIDUAL, FOR DESIGN OF A SWI~~IMING POOL AND RELATED FACILITIES AT THE LOMA VERDE SCHOOL-PARK SITE AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as fol"logs: That that certain agreement between the City cf .hula Vista, a municipal corporation, and Victor Wulff, A.I.A., an individual, for design of a swimming pool and related facilities at the Loma Verde School-Park Site dated the 5th day of July , 19 67R 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. F3E I I' FURTHER RESOLVED that the Mayor of the ~:y r~~ of Chula Vista be, and. he is hereby authorized and directed r_c :=~x~_~~t,.t_~~ said agreement for and. cn behalf of said City. BE IT FURTHER RESOLVED that the sum of $4,290.00. be, and the same is hereby appropriated from the unappropriated surplus of the General Fund for the purposes set forth hereinabove. Presented by ) r ^. Fred A. Ross, Chief Administrative Officer Approved as to fo.~ bar .~ /~, ~ 'r a .. ~ ~_ George D. Lindberg, City Attorney -1- • t ADOPTED ~'iND APPROVED by the CITY COtTNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this _ 5th day of ~ July 19_Z, by the rollowing vote, to-wit o AYES Councilmen Sparling, Sylvester, Anderson, McCorguodale, McAllister NAYES; Councilmen None ABSENT: Councilmen None ~." i ~ ~ ~~ _ayor of the City of Chu1 Vista , _;% __•~ City Cleric STATE OF CALIFORNIA COUNTY OF SAN DIEGO ~ ss . CITY OF CHUTA VISTA I, KENNETH P,. C.~'~1FBEL? , City Cleric of *_he Ci.ty of Chula Vista, California, DO HEREBY CERTIFY that the above ar.d foregoing i~ a fu 11, true and correct copy of and that the same has not been amended or repealed. DATEDo City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VICTOR WULFF, A.I.A., AN INDIVIDUAL FOR DESIGN OF A SWIMMING POOL AND RELATED FACILITIES AT THE LOMA VERDE SCHOOL-PARK SITE THIS AGREEMENT, made and entered into this 5th day of July , 1967, by and between the CITY OF CHULA VISTA, a municipal corporation, herein- after called "City", and VICTOR WULEF, A.I.A., an individual, hereinafter called "Architect"; W I T N E S S E T H WHEREAS, the City of Chula Vista, the Chula Vista Elementary School District, and the Sweetwater Union High School District have heretof ore entered into a Joint Exercise of Powers Agreement for employment of an architect to prepare schematics for the construction of the proposed Loma Verde School-Park Site swimming pool and related facilities, based upon the agreed desirability of constructing said swimming pool and facilities, and an agreement to share the cost of said swimming pool equally and jointly between said entities, and WHEREAS, it is desirable to proceed with the preparation of plans, studies, drawings and specifications in connection with the construction of said swimming pool and related facilities in order to arrive at an estimated t cost so that said entities may then agree upon the desirability of proceeding with the project and thereafter completing necessary arrangements for financing the cost of the project, and WHEREAS, it is desirable to cause the work of the Architect to be accomplished in two steps, the first being Phase 1 as described herein, and the second to include Phases 2 through 4, encompassing all work to be accom- plished by Architect thereafter at the sole option of the signatories to that certain Joint Powers Agreement between said entities. 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 engagement 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 authorization to proceed with the next phase of the work. The professional services shall be as follows: A. Phase 1. Schematics and cost estimates. Architect shall prepare and furnish to the City two copies of complete schematic plans of the ptQgosed swimming pool and related facilities. Said preparation shall include conferences with the City, examination of the site and surrounding areas, the preparation of a site survey, including research in the study of pertinent codes and ordinances. Architect shall develop a schematic design concept and necessary rendering fully depicting the proposed swimming pool and related facilities. Architect shall develop a preliminary cost estimate and construction program and phasing. Said schematics and cost estimates shall also include the parking area and landscaping solely for the purpose of developing cost estimates for Phase 1. Said preliminary cost estimate shall be within 10% of the actual cost of construction of said. swim- - ming pool and related facilities. B. Phase 2. Preliminary plans and specifications. Architect shall prepare and furnish to City a complete set of preliminary plans and specifications for said swimming pool and related facilities, includ- ing the site plan, area map, sketches indicating architectural treatment of significant details, floor plan of each of the building levels, typical elevations and cross sections, floor and r"oof 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 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. C. Phase 3. Working drawings and specifications. Architect shall prepare and furnish to City two (2) complete sets of working drawings and specifications for said swimming pool and related facilities, 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. Arch- iteet shall also prepare necessary bidding information, special provisions, and supplementary 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 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 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 ten (10) sets of blueprints of the final working drawings and ten (10) 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 City for 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 obtain- ing 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 during bidding, if required. 6. Architect 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 defects and deficiencies in the work of the 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- e structon contracts, including periodic inspections at the site as he may deem necessary and/or as required by City to render -2- architectural supervision, which is distinguished from the con- tinuous 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; maintain construction accounts; 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 substantial completion; make final inspection of the project; assemble written guarantees, instruction books, diagrams and charts required of the contractors; and issue Archi- tect's certificate of completion and final certificate for payment. Inasmuch as contracts for the acutal 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 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 construction 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 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 result- _ ing 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 Archi- 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 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 approval of the Chief Administrative 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. -3- B. The design, engineering and detailing of parking lots and prepara- tion of detailed landscape plans. C. Interior furnishings. V. TERMINATION. Architect shall complete the work of Phase 1 within a reasonable time from the date of execution of this agreement, 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 the com- pletion of Phase 1, 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 the completion of Phase 1, 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 restrictions on use as set forth herein. VI. PROJECT CONSTRUCTION COSTS. The project construction costs shall be an approved estimate of con- struction 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/deductive change orders and/or alternates. The City reserves the right to employ,<:.at City expense, an independent cost estimator to review and check Architect's estimates and the findings of City shall be final in determining the estimated costs. VI L ARCHITECT'S COMPENSATION. City agrees, subject to the terms of that certain Joint Exercise of Powers Agreement between City, the Chula Vista Elementary School District and the Sweetwater Union High School District, 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, hooever, 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 110% of the project construction costs, City reserves the right to require Architect at his own expense to revise the plans, working drawings and specifications 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 con- struction 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, but in no event shall such payment for Phase 1 exceed the sum of $4,290, unless all entities who are signatories to the Joint Powers Agreement agree to proceed with the project after reviewing the schematics and cost estimates submitted by Architect at the conclusion of Phase 1, in which case, the payments for Phase 1 will be adjusted as required. Said payments will be made in monthly progress payments based on estimates of completed work submitted by Architect and approved by City. B. For Phase 2, an additional sum of fifteen percent (15%) of the adjusted estimated Architect's fees, payable upon completion of Phase 2. -4- C. For Phase 3, an additional sum not to exceed fifty percent (50%) 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 (20%) of the construction costs, payable in monthly payments as work progresses, provided that ten percent (10%) of said Architect's fee 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 furnished to Architect by City, at the City's own expense: A. AClerk-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 limitations 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 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 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 recommendations. F. City shall notify Architect of administrative procedures required and name representatives, if any, authorized to act oni_behalf of City. 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 insurance: 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 anyrnumber 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~'Vxsta. -5- 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 prior to the commencement of work. C. Architect agrees to carry such amounts of Workman's Compensation 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, ten (10) copies of Phase 4 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, spec if ications and estimates shall not be used on any other work, pub- lic or otherwise, except by and with the consent of Architect, and this agree- ment 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 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 with- holding payment to Architect and/or contractor. F~ XIV. SUCCESSORS AND ASSIGNS. It is understood and agreed that this agreement shall be binding upon City and its auccessors and assigns, and upon Architect, its successors and assigns. Neither this agreement nor any part thereof, nor a-y 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 reference to such assignee and all references to City officials or representatives shall be deemed to be to the most comparable official or representative of the assignee. XV. WARRANTIES. Architect Warrants: A. That the professional services to be furnished by him under this Agreement shall be performed by, or under the direction of, 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove set forth. /~ /J ~~!