HomeMy WebLinkAboutReso 1964-3353RESOLUTION N0. 3353
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH LOWELL MILLIGAN
FOR THE PLANNING OF FIRE STATION N0. 4
The City Council of the City of Chula Vista does hereby
resolve as follows:
1. That certain agreement between the City of Chula Vista
and LOWELL MILLIGAN for the planning of a certain municipal im-
provement known as Fire Station No. 4, a true copy of which is
attached hereto and incorporated herein by this reference thereto,
is hereby approved and the Mayor is authorized to execute same on
behalf of the City of Chula Vista.
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 7th day of Anril ,
19 64 , bpi the following vote, to-wit:
AYES: COUNCILMEN McAllister, McMains,,,,Menzel, Smith. DeGraaf
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN None
Mayor of the City o Ch a Vista
,-
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 HEREBX CERTIFY that the above and foregoing
is a full, tnue and correct copy of ,
and that the same has not been amended or repealed.
DATED;
City Clerk
Resolution No. 3353
C O N T R A C T
THIS AGREEMENT entered into by and between the CITY OF CHULA
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VISTA, s. muxri.eipal cdrporatid~x of thm State of California, hereinafter re-
ferred to as CITY, and LOWELL A. MILLIGAN, A.I. B. D, , hereinafter re-
ferred to as DESIGNER.
WHEREAS, the City of Chula Vista plans to build a Fire Station No. 4,
to be located on the Northwest corner of Otay Lakes Road end Elmhurst Street,
Chula Vista, California, a portion of the East half, Quarter Section 17, Rancho
de la Nacion, and
WHEREAS, DESIGNER, is well qualified by training and experience to
prepare plans and specifications for Fire Station No. 4.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties
as follows:
1. The City hereby employs LOWELL A. MILLIGAN, hereinafter re-
ferred to as Designer, to perform the necessary professional services, and
at the times as set forth in the schedule of performance as referred to in para-
graph 10, including, but not limited to those hereinafter set forth in connection
with the planning, design and construction of a building to be used as a fire
station and to be known as and hereinafter referred to as, FIRE STATION NO. 4,
located on the following described property:
A parcel of land in the City of Chula Vista, County of San Diego,
being a portion of Quarter Section 17 of Rancho de la Nacion, according
to Map thereof No. 166 by Morrill filed in the Office of the Recorder
of said County of San Diego.
Beginning at the most Westerly corner of Southwestern College Estates
according to Map thereof No. 4961 on file in the Recorder's Office of
said San Diego County, said Westerly corner being a point on the center-
line of Road Survey No. 5.58; thence North 35°01'53" East, 51. 00 feet;
to the- TRUE POINT OF BEGINNING; thence North 54°58'07"West, 88.19
feet; thence North 57°43'50" West, 36. 85 feet; thence North 35°01'53" East,
129. 78 feet; thence South 54°58'07" East, 173. 00 feet; thence South
35°01'53" West, 33. 00 feet; thence South 85°13'32" West, 23.43 feet;
thence North 54°58'07" West, 10. 00 feet; thence South 35°01'53" West,
b0. 00 feet to the Beginning of a tangent curve concave Northerly and
having a radius of 20. 00 feet thence Southwesterly and Northwesterly
along said curve through a central angle of 90°00'00" an arc distance
of 31. 42 feet to the TRUE POINT OF BEGINNING.
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2. The Designer hereby accepts said employment and agrees to per-
form all the necessary professional services to the satisfaction of the City,
including, but not limited to the following:
a) participation in all confezencae with the rsprabdnta.tivme of the
City necessary for the development of the drawings, specifications,
plans and documents in accordance with applicable standards and
requirements of law. '
b) Preliminary investigations, studies and reports, approximate
estimate of cost.
c) Preparation of such complete detailed working drawings, con-
struction plans and specifications, including detailed estimate of
cost, satisfactory to the City as are necessary for obtaining bids
and for efficient executior. of work. Reproducible masters for all
contract documents, including but not limited to, Advertisement
for Bids, Information for Bidders, Bid forms, Bonds, General
Conditions, Special Conditions and Agreement will be prepared
by the Designer, subject to the approval of the City Engineer and
City Attorney, the City shall reproduce from these masters such
- copies as may be needed in connection with this project.
d) Presentation to the City Planning Commission and City Council
____--= of such documents, plans and drawings as shall bz necessary or
proper to-comply with the City's zoning ordinances, including but
not limited to those relative to architectural control, which material
must be approved by the Planning Commission and the City and
Designer agrees to make any and all necessary modifications or
changes in such material to secure such City approval.
e) Prepare preliminary drawings showing site, floor plans,, elevations,
materials to be used, type of construction, mechanical and electrical
systems.
f) Designer will review the bidding proposals, the subcontractors, and
will submit for City's approval a list of the contractor or contractors
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Who, in his judgment, will perform the work for the City,
_-- g) Furnish general supervision of the work of contractors including
. periodic visits to the project, approval of shop drawings, assist in
a correct interpretation of the plans and specifications to safeguard
the City against defect and deficiencies on the part of the contractors.
It is understood that the Designer does not guarantee performance
of the contract by contractors. Designer shall further prepare
documents and drawings as are made necessary by any errors in
the originally approved drawings, specifications or documents, and
by such modifications therein as may be necessary and proper to.
meet anticipated conditions encountered during construction. Further,
"general supervision" shall be distinguished from continuous personal
inspection as hereinafter stipulated to be furnished by the City.
h) Such assistance as`may be requested by the City in the securing of
bids, awarding of the contract for construction.
i) Designer will keep City informed from time to time as to the progress
of the construction, check and approve schedules and shop drawings with
contractors for design, approve requests for substitution of materials
and equipment, prepare change orders for written approval of City, .
examine contractors' applications for payment, make final inspection
of project, assemble written guarantees required•of contractors, and
issue the Designer's certificate of completion and final certificate for
payment.
j) Prepare estimates for progress payments to the contractor and issue
certificates for payments in amounts approved by Designer.
k) Prepare and furnish such drawings and specifications as may be re-
quired to obtain the necessary building permits and other permits made
necessary by the contemplated placement of said work on the site.
1} The Designer shall comply with all applicable requirements of law with
respect to approval of drawings and specifications in connection with
said project.
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m) Drawings and specifications supplied as herein required are
the property of the City whether the work for which they are
made be executed or not. The Designer shall furnish tb the
City such copies of all drawings and specifications as are
necessary for study by the City and its representatives and
shall supply to the City without any additional cost, reproducible
masters of said drawings and specifications so the City can re-
produce such additional copies as will be needed in connection
with said construction project.
n) The Designer shall make a final inspection and report• of the
construction and prepare "as built" record drawings of same.
3. After award of the construction contract should any material
change or changes become necessary in the plans and specifications of the
contracted construction, the Designer shall immediately advise the City
in writing of such changes and the necessity therefor, and shall not order
the contractor to make such changes until such written change order has
been signed by the contractor and Designer and the City's written approval
thereon has been secured. Designer may order, pending City approval,
such changes as may be necessary at the time to meet construction
emergencies if written approval of the City Engineer is first secured.
4. The City agrees to the following undertakings and responsibilities:
a) It shall designate, when necessary and when requested by
Designer, representatives authorized to act in its behalf, it
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- - shall examine documents submitted by the Designer and render
decisions pertaining thereto promptly, so as to avoid~un-
reasonable delay in the progress of the Designer's work. The
City shall issue orders to contractors only through the Designer.
b) It shall arrange and provide such legal and auditing services as
may be required for the project, except it shall have no ,duty to
furnish any services for the sole benefit of Designer.
c) If the City Engineer or personnel under his direct super-
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vision become aware of any defects in the project, it shall
become the City's duty to give prompt written notice thereof to
the Designer.
d) It shall furnish or direct the Designer to obtain at the City'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 boundaries and contours
of the building site; locations, dimensions, and complete data
pertaining to existing buildings, other improvements 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.
e) The City shall furnish continuous resident inspection.
5. PAYMENTS. City shall pay to Designer a total amount equal
to 6% based on the estimated project construction cost, until such
bids are received; then on the lowest acceptable bid there will be
paid as follows:
a) Preliminary Drawing Phase - 30% of total compensation,
based upon the estimated project construction cost.
b) Working Drawings and Specifications Phase -
_._ __-~-- (1) Working drawings and Specifications 50% complete -
increase to 50% of total compensation based upon the
estimated project construction cost.
(2) Working Drawings and Specifications 100% complete -
increase to SO% of total compensation based upon the
estimated project construction cost. -
c) Administration of the Construction Contract Phase -
(1) Construction complete and accepted by City -increase
to 100% of the total compensation, based upon the final
project construction cost.
d) The City shall be entitled to retain the final 20% of any monies .
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or fees due the Designer until final approval by the City Engineer
of the conditions and covenants to be performed herein and con-
struction of the improvements.
6. ADDITIONAL SERVICES
a) Any work let under separate contracts shall be subject to com-
pensation of 6Q/o of the cost of such work as is provided in para-
graph 5 hereinabove. ,
b) If after the preliminary drawings have been approved, the City
makes a decision which, for its proper execution, involves
additional services and expense for changes in or additions to
the drawings, specifications, or other documents, or if the
Designer be put to labor or expense by delays caused by City
or as a result of damage by fire to the structure herein in-
volved, or other casualty, the Designer is to be equitably paid
by City. for such additional service and expense, at the rate of
$8. 00 per hour.
c) City shall reimburse for unusual expenses as follows:
(1) If directed by City, the employment of special consultants.
(2) Overtime work by the Designer when the City accelerates
the schedule of work.
(3) City may authorize the Designer to have models or other
- _ graphic presentations made:; for which the Designer shall be
reimbursed.
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- ---- 7. The City reserves the right to cancel this contract at any time
upon 10 days notice in writing delivered by certified mail to Designer at such
address as he shall designate. Designer shall perform no services after
receipt of such notice. City shall pay a sum equal to the reasonable value
of work performed to receipt of such notice. The determination of such sum
shall be based upon the schedule of payments contained in paragraph 5 herein-
above.
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8. The Designer shall furnish the necessary reproductions of
working plans and sp~e cifications and shall be reimbursed its out-of-pocket
costs for same. This reimbursement shall be in addition to the basic fee
as provided for in Section 5 hereinabove,
9. All terms, conditions and provisions hereof shall inure to the
benefit of and shall bind the parties hereto, their respective heirs, executors,
administrators, successors and assigns: Designer shall not sublet, assign
or transfer his interest in this contract without written consent of the City.
10. The Designer further represents and agrees that should any
part of the services required to be performed in this contract on his part
require the services of some licensed engineer or other person performing
professional services for which a license is required by the State of Calif-
ornia that Designer will at his sole cost secure such person to do and per-
form such duties at his sole expense and will so notify and advise the City
of any such action and of the need for any such professional services.
Failure of the Designer to perform this condition in any respect, shall
entitle the City to withhold any monies due or to become due until such
breach has been corrected or if all monies have been paid, the Designer
hereby agrees to repay to the City the reasonable cost of complying with
any laws, statutes or ordinances which may have been violated thereby, in-
eluding reasonable Engineering fees and legal fees necessary or involved in
discovering and/or correcting such violation.
11. The Designer shall not proceed with the performance o~ any
services under this contract until a schedule of steps to be undertaken with
time intervals and dates of performance shall be signed by both parties here-
to and attached to this agreement as an integral part thereof.
12. In compliance with the provisions of paragraph 11, the Designer
hereby agrees to perform all the necessary-professional services
pertaining to this project, in accordance with the following schedule:
April 15, 1964 Preliminaries were approved.
June 22, 1964 Plans and specifications to be submitted to
the City Engineer and City Council for perusal
and comment.
_ June 29, 1964 City review of Plans completed.
July 7, 1964 City Council to approve wage scale and
authorize project to go to bid. ,
July 8, 1964 Plans and Specifications ready for bidders.
July 9, 1964 Advertise for bids.
July 27, 1964 Bid Date.
August 10, 1964 Successful bidder to commence construction
of project.
November 17, 1964 Project completed (100 calendar days).
CITY OF CHULA VISTA
BY o~ _ ~~ Q
eith W, Menzel, ayor
.~e~e-~ C~. ~ue~
OWELL A. MILLIG . I. B. D.
De signe r
Approved as to form and legality
AMES S. DUBERG, ity At±orn of
the City of Chula Vista, Califo is
ATTEST:
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KEN H CAMPBELL,
City Clerk
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