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HomeMy WebLinkAboutReso 1964-3364RESOLUTION N0. 3364 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREN:MENT WITH LOWELL MILLIGAN FOR THE DESIGN OF THE CHULA VISTA LIBRARY ADDITION WHEREAS, the City Council of the City of Chula Vista hereby resolves as follows: 1. That certain agreement with LOWELL MILLIGAN for the design of certain additions and improvements of the present Chula Vista City Library, located on Memorial Way between Fourth Avenue and Guava, marked Exhibit "A" 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. 2. The said agreement referred to in paragraph 1 shall be approved as to form and legality by the City Attorney before it becomes effective. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of April 1ti64 by the following vote, to-wit: AYES : COUNCILMEN GicIl,air;s , McAllister . h'-enze 1, Le~raaf NAYES: COUNCILMEN Smith ABSENT: COUNCILMEN None ayor of the City o hula Vista D ATTEST v u.~ ~s~- 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed.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 CONTRACT _ ORIGINAL THIS AGREEMENT, entered into by and between the CITY OF CHULA VISTA, a municipal corporation of the State of California, here- inafter referred to as CITY, and LOWELL A. MILLIGAN, A. I. B. D. , herein- after ref Erred to as DESIGNER. WHEREAS, the City of Chula Vista plans to build an addition and effect alterations to Chula Vista Public Library, Memorial Way, Chula Vista, California; WHEREAS, Designer is well qualified by training and experience to prepare plans and specifications for the above mentioned addition and alterations; NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows: 1. The City hereby employs LOWELL A. MILLIGAN, hereinafter ,, referred 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 paragraph 10, including, but not limited to those hereinafter set forth in connection with the planning, design and construction of additions and remodeling to the Chula Vista Public Library, located on the following described real property: The Westerly 151 feet of the Easterly 237. 39 feet of the Northerly 121. 60 feet of the Southerly 257. 60 feet of Lot 13 of Quarter Section 149 of Chula Vista, according to Map thereof No. 505 filed March 13, 1888 in the Office of the County Recorder of said San Diego County. 2. The Designer hereby accepts said employment and agrees to perform all the necessary professional services to the satisfaction of the City, including, but not limited to the following: a) Participation in all conferences with the representatives of the City necessary for the development of the drawings, specifications, plans and documents in accordance with applicable standards and requirements of law. ;~ 33b~- b) Preliminary investigations, studies and reports, approx- imate estimate of cost. c) Preparation of such complete detailed working drawings, construction plans and specifications, including detailed estimate of cost, satisfactory to the City as are necessary for obtaining bids and for efficient execution of work. Re- producible 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 be 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 who, in his judgement, will perform the work for the City. g) Furnish general supervision of the work of contractors in- cluding periodic visits to the project, approval of shop drawings, assist in a correct interpretation of the plans and specifications -2 - 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, sp e cifications or documents, and by such modifications therein as may be necessary and proper to meet unanticipated 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 required to obtain the necessary building permits and other per- mits 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. m) Drawings and specifications supplied as herein required are -3- the property of the City whether the work for which they are made be executed or not. The Designer shall furnish to 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 shall examine documents submitted by the Designer and render decisions pertaining thereto promptly, s.o 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- -4- 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 10% 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 - in- crease to 50°0 of total compensation based upon the estimated project construction cost. (2) Working Drawings and Specifications 100% complete - ,in- crease to 80% 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 con- struction cost. d) The City shall be entitled to retain the final 20% of any monies -5- or fees due the Designer until final approval by the City Engineer of the conditions and covenants to be performed herein and con- e struction of the improvements. 6. ADDITIONAL SERVICES a) Any work let under separate contracts shall be subject to com- pensation of 10% 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. (L) 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. 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 per formed to receipt of such notice. The determination of such sum shall be based upon the schedule of payments contained in paragraph 5 herein- above. -6- 8. The Designer shall furnish the necessary reproductions of working plans and specifications 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- cluding 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 of 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. -7- 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 follow- ing schedul®: June 1, 1964 - Submit preliminary floor plan, elevations, sections, materials to be-used, type of construction, mechanical and electrical systems and estimated Cost. July 20, 1964 - Plans and specifications to be submitted to the City Engineer and City Council for perusal and comment. July 27, 1964 - City review of plans completed. July 28, 1964 - City Council to approve wage scale and authorize project to go to bid. July 30, 1964 -.Plans and specifications ready for bidders. August 2, 1964 - Advertise for bids. Aug~st'.18`~~~:964 - Bid Date Sept. 1, 1964 - Successful bidder to commence construction of project. Nov. 30, 1964 - Project completed. CITY OF CHULA VISTA KEITH W. MENZEL, M yor w ~ , LOWELL A. MILLIGAN, A I.B.D. Designer Approved as to form and legality / ~ES S. DUBERG, City Attorney of / the City of Chula Vista, California ATTEST: KE TH CAMPBELL, City Clerk -8-