HomeMy WebLinkAboutReso 1966-4139Form No. 342
RESOLUTION NO. 4139
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
VICTOR WULFF, ARCHITECT, FOR THE PREPARATION OF THE PLANS
AND SPECIFICATIONS FOR THE REMODELING OF FIRE STATION #1
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 Victor Wulff, Architect, for the
preparation of the plans and specifications for the remodeling of
Fire Station #l,
dated the 5th day of July 1966 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 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 b
Lane Cole, City Engineer
Approved as to form by
1
.~ ,
George D Lindberg, City Attorn ~~
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 5th day of July
196, by the following vote, to-wit:
AYES: COUNCILMEN _Sparling, Sylvester, Anderson, McAllister, McCorquodale
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN None
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Mayor of the City o Chula Vista
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ATTEST_ .~-~-t ~ ~ ,~a <«~..~- ~ ~ ,~a <« ~E~
~- .City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN 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and that the same has not been amended or repealed.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
CC 652
_ `I
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA DOCUMENT
q SEPT. 1963 ED. 13 i 3
W
THE STANDARD FORM OF AGREEMENT
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BETWEEN OWNER AND ARCHITECT
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ON A BASIS OF A
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a PERCENTAGE OF CONSTRUCTION COST
THIS AGREEMENT
made this 5th day of July in the year Nineteen Hundred and SIXTY-s ~ x
B Y AND B E T W E E N
THE CITY OF CHULA VISTA, CALIFaRN-I-A---
AN INCORPORATED MUNICIPALITY, -------
VICTOR WULFF, A.(.A., -------
WITNES SETH,
hereinafter called the Owner, and
hereinafter called the Architect
that whereas the Owner intends to REMODEL AND CONSTRUCT AN ADDITION TO
FIRE STATION N0. ~ AT "F" STREET IN THE CITY OF CHULA VISTA, CALIFORNIA
hereinafter called the Project,
NOW, THEREFORE,
the Owner and the Architect, for the considerations hereinafter set forth agree as follows:
ARTICLE 1. THE ARCHITECT AGREES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT AS
HEREINAFTER SET FORTH.
ARTICLE 2. THE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS SERVICES:
2.1 For his basic services ( ~ 0.5 %) of the project construction cost, hereinafter referred
to as the Basic Rate, the work to be let under a single lump sum contract.
2.2 ~'orwerle-lel-on-a-co9t-plus-fee-baas,-increase the-Basic-ra4e to - - -- - - - - -per eenb (- - - - °,fr).
2.3 ~'orwark-let-umierSeparate Zo1ltraCts,"incte2se the'Basic'Rate to - - - - - - - - der cent'( - - - '%r
2.4 For Additional Services defined in Article 4 hereinafter, ( 2 , 5 )times
the Direct Personnel Expense as defined in Article 7.1 hereinafter.
In computing Direct Personnel Expense principal's time shall be computed at $ 5 , 00 per hour,
and employees' time shall be at their regular rate of pay plus normal benefits.
2.5 Reimbursable expense as defined in Article 7.2 hereinafter to the amount expended.
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OWNER-ARCHITECT AGREEMENT
AIA DOC B-131 SEPT. 1963 ED. FOUR PAGES
Q 1963 The American Institute of Architects
173b New York Ave NW., Washington, D. C.
u~~9
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 3. ARCFIITECT'S BASIC SERVICES
3.1 Schematic Design Phase.
3.1.1 The Architect shall consult with the Owner to ascer-
tain the requirements of the Project and shall confirm such
requirements to the Owner.
3.1.2 He shall prepare schematic design studies leading to
a recommended solution together with a general description
of the Project for approval by the Owner.
3.1.3 He shall submit to the Owner a Statement of Prob-
able Project Construction Cost based on current area, vol-
ume or other unit costs.
By issuing a Certificate for Payment, the Architect will also
represent to the Owner that, to the best of his knowledge,
information and belief based on what his observations have
revealed, the quality of the work is in accordance with the
Contract Documents. He will conduct inspections to deter-
mine the dates of substantial and final completion and issue
a final Certificate for Payment.
3.4.4 if more extensive representation at the site is re-
quired, the conditions under which such representation shall
be furnished and a Project Representative selected, em-
ployed and directed, shall be agreed to by the Owner and
the Architect and set forth in an exhibit to this Agreement.
3.2 Design Development Phase.
3.2.1 The Architect shall prepare from the approved Sche-
matic Design Studies, the Design Development Documents
consisting of plans, elevations and other drawings, and out-
line specifications, to fix and illustrate the size and character
of the entire Project in its essentials as to kinds of mate-
rials, type of structure, mechanical and electrical systems
and such other work as may be required.
3.2.2 He shall submit to the Owner a further Statement
of Probable Project Construction cost.
3.3 Construction Documents Phase.
3.3.1 The Architect shall prepare from the approved De-
sign Development Documents, Working Drawings and Spec-
ifications setting forth in detail the work required for the
architectural, structural, mechanical, electrical, service-con-
nected equipment, and site work, .and the necessary bidding
information, General Conditions of the Contract, and Sup-
plementary General Conditions of the Contract, and shall
assist in the drafting of Proposal and Contract Forms,
3.3.2 He shall keep the Owner informed of any adjust-
ments to previous Statements of Probable Project Construc-
tion Cost indicated by changes in scope, requirements or
market conditions.
3.3.3 He shall be responsible for filing the required docu-
ments to secure approval of governmental authorities having
jurisdiction over the design of the Project.
3.4 Construction Phase-General Administration of
Construction Contracts.
3.4.1 The Architect shall assist the Owner in obtaining
proposals from Contractors and in awarding and preparing
construction contracts.
3.4.2 To the extent provided by the contract between the
Owner and the Contractor, he shall make decisions on all
claims of the Owner and Contractor and on all other matters
relating to the execution and progress of the work or the
interpretation of the Contract Documents. He shall check
and approve samples, schedules, shop drawings and other
submissions only for conformance with the design concept
of the Project and for compliance with the information
given by the Contract Documents, prepare change orders
and assemble written guarantees required of the Contractors.
3.4.3 He will make periodic visits to the site to familiarize
himself generally with [he progress and quality of the work
and to determine in general if the work is proceeding in
accordance with the Contract Documents. He will not be
required to make exhaustive or continuous on-site inspec-
tions to check the quality or quantity of the work and he
will not be responsible for the Contractors' failure to carry
out the construction work in accordance with the Contract
Documents. During such visits and on the basis of his ob-
servations white at the site, he will keep the Owner in-
formed of the progress of the work, will endeavor to guard
the Owner against defects and deficiencies in the work of
Contractors, and he may condemn work as failing to con-
form to the Contract Documents. Based on such observa-
tions and the Contractors' Applications for Payment, he will
determine the amount owing to the Contractor and will issue
Certificates for Payment in such amounts. These Certificates
will constitute a representation to the Owner, based on such
observations and the data comprising the Application for
Payment, that the work has progressed to the point indicated.
ARTICLE 4. ARCffiTECT'S ADDITIONAL SERVICES
The following services cause the Architect extra expense.
If any of these services are authorized by the Owner they
shall be paid for by the Owner as a Multiple of Direct Per-
sonnel Expense:
4.1 Making planning surveys and special analyses of the
Owner's needs to clarify requirements of the Project.
4.2 Making measured drawings of existing construction
when required for planning additions or alterations thereto.
4.3 Revising previously approved drawings or specifica-
tions to accomplish changes.
4.4 Providing Semi-Detailed or Detailed Cost Estimates.
4.5 Preparing documents for Alternate Bids and Change
Orders, or for supplemental work initiated after commence-
ment of the construction phase.
4.6 Consultation concerning replacement of any work
damaged by fire or other cause during construction and
furnishing professional services of the types set forth in
Article 3 above as may be required in connection with the
replacement of such work.
4.7 Arranging for the work to proceed should the con-
tractor default due to delinquency or insolvency.
4.8 Providing prolonged contract administration and ob-
servation of construction should the construction contract
time be exceeded by more than 25% due to no fault of
the Architect.
4.9 Preparing as-built drawings showing construction
changes in [he work and final locations of mechanical serv-
ice lines and outlets on the basis of data furnished by the
Contractor.
4.10 Making an inspection of the Project prior to expira-
tion of the guarantee period and reporting observed discrep-
ancies under guarantees provided by the construction con-
tracts.
ARTICLE 5 . THE OWNER'S RESPONSIBILITIES
5.1 The Owner shall provide full information as to his
requirements for the Project.
5.2 He shall designate, when necessary, representatives au-
thorized to act in his behalf. He shall examine documents
submitted by the Architect and render decisions pertaining
thereto promptly, to avoid unreasonable delay in the the
progress of the Architect's work. He shall observe the pro-
cedure of issL~ing orders to contractors only through the
Architect.
5.3 He shall furnish or direct the Architect to obtain at
the Owner's expense, a certified survey of the site, giving,
as required, grades and lines of streets, alleys, pavements,
and adjoining property; rights of way, restrictions, ease-
ments, encroachments, zoning, deed restrictions, boundaries,
and contours of the building site; locations, dimensions, and
complete data pertaining to existing buildings, other improve-
ments and trees; full information as to available service and
utility lines both public and private; and test borings and
pits necessary for determining subsoil conditions.
5.4 He shall pay for structural, chemical, mechanical, soil
mechanics or other tests and reports if required.
OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. B-131 SEPT. 1963 ED. PAGE 2
~_u~`~ci
5.5 He shall arrange and pay for such legal, auditing, and
insurance counselling services as may be required for the
.Project.
5.6 If the Owner observes or otherwise becomes aware of
any defect in the Project, he shall give prompt written notice
thereof to the Architect.
ARTICLE 6. PROJECT CONSTRUCTION COST
6.1 Project Construction Cost as herein referred to means
the total cost of all work designed or specified by the
Architect, but does not include any payments made to the
Architect or consultants.
6.2 Project Construction Cost shall be based upon one of
the following sources with precedence in the order listed:
6.2.1 Lowest acceptable bona fide Contractor's proposal
received for any or all portions of the Project.
6.2.2 Semi-Detailed or Detailed Estimate of Project Con-
struction Cost as defined in paragraph 6.4 below.
6.2.3 The Architect's latest Statement of Probable Project
Construction Cost based on current area, volume or other
unit costs.
6.3 When labor or material is furnished by the Owner,
the Project Construction Cost shall include such labor and
material at current market cost.
6.4 If a fixed limit of Project Construction Cost is stated
herein, or if otherwise authorized by the Owner, Estimates
of the Probable Project Construction Cost prepared in
Semi-Detailed or Detailed form by an'experienced estimator
will be secured by the Architect during the Design Develop-
ment or Construction Documents Phase.
6.5 If the Statement of Probable Project Construction
Cost, or the Semi-Detailed or Detailed Cost Estimate, or
the lowest bona fide proposal is in excess of any limit stated
herein, the Owner shall give written approval of an increase
in the limit, or he shall cooperate in revising the project
scope or quality, or both, to reduce the cost as required.
6.6 Since the Architect has no control over the cost of
labor and materials, or competitive bidding, he does not
guarantee the accuracy of any Statements of Probable Con-
struction Cost, or any Semi-Detailed or Detailed Cost Esti-
mates.
ARTICLE 7. DIRECT & REIMBURSABLE EXPENSE
7.1 Direct Personnel Expense includes that of principals
and employees engaged on the Project including architects,
engineers, designers, job captains, draftsmen, specification
writers, typists and Project Representatives, in consultation,
research, designing, producing drawing, specifications and
other documents pertaining to the Project, and services dur-
ing construction at the Project site.
7.2 Reimbursable Expense includes actual expenditures
made by the Architect in the interest of the Project. for the
following incidental expenses:
7.2.1 ~xpenx ~ef transpertatian and-lieing~ of priiieipais
aAd.~m$log}eeswken-travekng-ineonneotio~ w~ith~tha-Preleet; i
long distance calls and telegrams; reproduction of drawings
and specifications, excluding copies for Architect's of&ce use
and duplicate sets at each phase for the Owner's review and
approval; and fees paid for securing approval of authorities
having jurisdiction over the Project.
7.2.2 If authorized in advance by the Owner, the expense
of Project Representative, overtime work requiring higher
than regular rates, perspectives or models for the Owner's
use.
7.2.3 If their employment is authorized in advance by the
Owner, fees of special consultants, for other than the normal
structural, mechanical and electrical engineering services.
ARTICLE 8 . PAYMENTS TO THE ARCHITECT
8.1 Payments on account of the Architect's basic services
shall be as follows:
9.13 -zA ~tliaimretlrprimary.-papment-of-~ per-cent of the.
eotnpeasarion'for basi~servieES,-papaUle span the exeeution-
ef -the- ?rrrement- is- t13e fnil~imam- pa~yn3en>r uadar ihe-
~,greernen4.
8.1.2 Subsequent payments shall be made monthly in pro-
portion to services performed to increase the compensation
for basic services to the following percentages at the com-
pletion of each phase of the work:
Schematic Design Phase .__._ ___..__ _.........._. 15%
Design Development Phase ...._ ... _._ ........... 35%
Construction Documents Phase _....... 75%
Receipt of Bids ... 80%
Construction Phase . ... ......_ ............................. 100%
8.2 Payments for Additional Services of the Architect as
defined in Article 4 above, and for Reimbursable Expense
as defined in Article 7.2, shall be made monthly upon pres-
entation of Architect's detailed invoice.
8.3 No deduction shall be made from the Architect's com-
pensation on account of penalty, liquidated damages, or
other sums withheld from payments to contractors.
8.4 If any work designed or specified by the Architect
during any phase of service is abandoned or suspended in
whole or in part, the Architect is to be paid for the service
performed on account of it prior to receipt of written notice
from the Owner of such abandonment or suspension, togeth•
er with reimbursements then due and any terminal expense
resulting from abandonment or suspension for more than
three months.
ARTICLE, 9. ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant, and
Reimbursable Expense pertaining to this Project and records
of accounts between the Owner and Contractor shall be kept
on a generally recognized accounting basis and shall be avail-
able to the Owner or his authorized representative at mu-
tually convenient times.
ARTICLE 10 . TERbIINATION OF AGREEMENT
This Agreement may be terminated by either party upon
seven day's written notice should the other party fail sub-
stantially to perform in accordance with its terms through
no fault of the other. In the event of termination, due to
the fault of others than the Architect, the Architect shall be
paid for services performed to termination date, including
reimbursements then due, plus terminal expense.
ARTICLE 1 t . OWNERSHIP OF DOCUMENTS- ,\~
DRAWINGS AND SPECIFICATIONS SHALL BECOME THE
PROPERTY OF THE CITY OF CHULA VISTAS PRO-
VIDED~ HOWEVER THAT SAID DRAWINGS AND
SPECIFICATIONS SHALL NOT BE USED BY THE CITY
OF CHULA VISTA ON OTHER PROJECTS EXCEPT BY
AGREEMENT OF THE ARCHITECT IN WRITING.
a . uro ~t~unccC sttau assign, SLLDIe[ ar II3n5Ier II1S
interestlin this Agreement without the written consent of
the other.
ARTICLE 13. ARBITRATION
Arbitration of all questions in dispute under this Agreement
shall be at the choice of either party and shall be'in accord-
ance with the previsions, then obtaining, of the Standard
Form of Arbitration Procedure of The American Institute
of Architects. This Agreement shall be specifically enforce-
able under the prevailing arbitration law and judgment
upon the award rendered may be entered in the court of
the forum, state or federal, having jurisdiction. The de-
cisions of the arbitrators shall be a condition precedent to
the right of any legal action.
OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. B-131 SEPT. 1963 ED. PAGE 9
'{~,U 1 ~G
IN WITNESS WHEREOF the parties hereto have executed this agreement the day and. year first above written.
Ow er~
Architect
VICTOR WULFF~ A.I.A,
OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. B-131 SEPT. 1963 ED. PAGE 4