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HomeMy WebLinkAboutReso 1974-7162 Form No. 342 Rev. 9-71 RESOLUTION NO. 7162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES FOR DESIGN AND CONSTRUCTION OF A CITY LIBRARY FACILITY, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES, for design and con- struction of a City Library facility, dated the 22nd day of January , 1974 , 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 sum of $24,000.00 be, and the same is hereby appropriated from the unappropriated surplus of Revenue Sharing Fund No. 49 for the purpose set forth hereinabove. 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 the City of Chula Vista. Presented by Approved as to form by ~;~ Lan F. Cole, Director of Pi:ir>lic Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 22nd day the following vote, to-wit: /", . I ,~->-<-.:...../ . I < " . " . / /" )'c-; ,,--~-~(-/.:::c-/~~.../;- the CITY COUNCIL of the CITY OF CHULA of January , 19~, by AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None 7 ~~~<:}- Mayor of the City of Chula Vista ATTEST,,/ /)] 1 '-7 ." ./~ /Lt::-C ~/ I./c~t~~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Chula Vista, Californla, DO HEREBY CERTIFY and correct copy of Resolution No. been amended or repealed. DATED , City Clerk of the City of that the above is a full, true , and that the same has not City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICHARD GEORGE ~mEELER, A.I.A. AND ASSOCIATES FOR DESIGN AND CONSTRUCTION OF A CITY LIBRARY FACILITY THIS AGREEMENT, made and entered into this 22nd day of January, 1974, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RICHARD GEORGE ~EELER, A.I.A. AND ASSOCIATES, a California corporation, hereinafter called "Architect" ; WIT N E SSE T H . ~EREAS, the City of Chula Vista has heretofore on August 5, 1969 entered into an agreement with Richard George Wheeler, A.I.A. and Associates for the construction and operation of a City library facil- ity, and ~EREAS, the design program set forth in said agreement was abandoned and the City of Chula Vista now desires to reinstitute a program of design and construction of a new library to serve the resi- dents 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 library, and the Architect is willing to undertake and per- form such work, including general architectural and engineering services, and ~EREAS, said services shall also include necessary work for construction of parking areas, establishment of water lines and desig- nation of areas to be landscaped as related to the construction and operation of said library facility, and ~EREAS, it is desirable to cause the work of Architect to be accomplished in two steps, the first being Phase 1 as described herein, to be completed on or before March 5, 1974, 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 ser- vices 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. It is further understood that the scope of the agreement may be modified from phase to phase. 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 sche- matic plans of the library. Said preparation shall include conferences with the City and its consultants, examination of the site and surrounding areas, including research of required codes and ordinances. Architect shall develop a schematic design concept and necessary rendering fully depicting the proposed facility. Architect shall develop a preliminary cost estimate and construction program and phasing. - 1 - ~7/& ::L-- B. Phase 2: Preliminary plans and specifications. Architect shall prepare and furnish to City a complete set of preliminary plans and specifications for the library, including the site plan, area map, floor plan of each of the building levels, sketches indicating architectural treatment of significant de- tails, typical elevations and cross sections, floor and roof 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 the library, including plans, elevations, sections, details and specifications cover- ing architectual, 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. Architect shall also prepare necessary bidding information, special provisions and general conditions of contract, and shall assist City in applying for and obtain- ing required approvals from applicable public agencies, and in securing required permits. D. Phase 4: Construction Services. Architect shall furnish and perform the following services: 1. Architect shall provide, at no expense to City, and in the number required, the preliminary plans 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 fourteen (14) sets of final speci- fications for said work at the expense of Architect. Further, Architect shall provide tracings for drawings and stencils for specifications of a type and form ac- ceptable to the City for the use of City in the reproduc- tion 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 obtaining proposals from contractors and shall make recommendations to assist City in awarding the construc- tion contracts, including the evaluation and analysis of bids submitted for construction contracts 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 archi- tectural, structural, mechanical and miscellaneous trades. 7. Architect shall provide technical direction to a pro- ject inspector employed by and responsible to City, as required by applicable law. - 2 - ~~?~ 8. Architect expressly agrees to endeavor to, by his on-site observations, guard City against defects and deficiencies in tne work of the contractor, and shall immediately notify City of any defects or deficiencies which he may find or note, but does not guarantee the performance of said contractor nor his construction methods, techniques, sequences or procedures. 9. Architect shall: provide general administration of the construction contract, including periodic inspections at the site as he may deem necessary and/or as required by City to render architectural supervision, which is distin- guished from the continuous personal inspection of the pro- ject inspector; make regular reports as may be required by applicable public agencies; keep City informed of the pro- gress 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; recommend change orders for written approval of City; examine contractor's appli- cations 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 contractor; and issue Architect's certificate of completion and final certificate for payment. Inasmuch as the contract 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 the 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 con- struction contractor to make any changes affecting the construction contract price without written approval of City. 12. Architect shall perform his work hereunder, and exer- cise 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 construc- tion. II. EXTRA SERVICES OF THE ARCHITECT Architect agrees to provide any necessary additional services, resulting in extra expense to Architect caused by the delinquency or insolvency of any contractor, or caused by substantial changes or alter- ations in the scope or plan of the project as required by City subse- quent to approval of Architect's plans. The fees for said additional services shall be mutually agreed upon by Architect and City. - 3 - /t7/b:?- 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 fa- cilities 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 City Manager. 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. B. Interior furnishings. V. TERMINATION: Architect shall complete the work of Phase 1 on or before March 5, 1974, 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 March 5, 1974, 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 March 5, 1974, 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 construction cost to City as submitted by Architect, until such time as bids have been received whereupon it shall be the lowest re- sponsible bid, plus any additive change order and/or alternates. The City reserves the right to employ an independent cost estimator to review and check Architect's estimates. Should a substantial differ- ence exist between the two estimates, an average shall be used as the estimated construction cost. VII. ARCHITECT'S COMPENSATION: City agrees 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, however, if the total of the low bid or bids for all portions of the work theretofore bid, plus the estimates construction cost of portions of the work not yet bid, at any time exceeds 110% of the project construction costs, City re- serves the right to require Architect at Architect's own expense to revise the plans, working drawings and specifications as hereinabove 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 construction costs as submitted by Architect. Further, it is understood by both parties that said library facility, as presently projected by City, shall have a floor area of 55,000 square feet and the maximum budget autho- rized by City is $2.2 million. Modification of said area and budget may be made upon the request of City. Payments to Architect of said fees shall be made as follows: -~- ~~b~ A. For Phase 1 a sum not to exceed a total of $24,000.00, which sum shall be stipulated by City and Architect to represent fifteen percent (15%) of the Architect's total fee; provided, however, it is understood that the total Architect's fee shall in no case exceed eight percent (8%) of the cost of construction as provided herein. Said payment for Phase 1 shall be payable as follows: 1. $5,000.00 upon the execution of this agreement. 2. The balance of said amount not to exceed $24,000.00 on an hourly basis based upon the following hourly char- ges for services, to be paid to Architect at completion of Phase 1: Hourly Rate Principal Architect Senior Project Architect Project Architect Project Designer Construction Supervisor Specifications Writer Project Manager Senior Draftsman Intermediate Draftsman Junior Draftsman Clerical $41.25 $27.50 $23.10 $23.10 $23.10 $20.90 $19.25 $18.70 $15.75 $11.00 $11.50 B. For Phase 2 an additional sum of fifteen percent (15%) of the adjusted estimated Architect's fee, payable upon completion of Phase 2. C. For Phase 3 an additional sum not to exceed fifty percent (50%) of the Architect's fee, payable in monthly progress pay- ments, based on estimates of completed work submitted by Archi- tect and approved by City. D. For Phase 4 an additional sum not to exceed twenty percent (20%) of the fee, payable in monthly payments as work progresses, provided that ten percent (10%) of this 20% 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. A Clerk-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 limita- tions and scheduling for the economical and expeditious devel- opment of the project. - 5 - ~7/f;? ~ C. City shall pay for a certified survey of the site, in- cluding grades and lines of streets, pavements, adjoining properties, rights-of-way, restrictions, easements, boun- dary, zoning regulations and contours 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 on its behalf. 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 contrac- tors 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 insurances: A. Architect agrees to carry a policy of public liability insurance of limits of $100,000.00 for anyone person in anyone accident, and $300,000.00 for any number of persons in anyone accident, and a policy of property damage insur- ance in the sum of $50,000.00 which policy, or a true copy of said policy shall be deposited with the Director of Finance of the City of Chula Vista. 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 Director of Finance of the City of Chula Vista prior to the commencement of work. C. Architect agrees to carry such amounts of Workmen's Compensation Insurance as may be required by law. XI. COPIES OF DOCUMENTS: Architect 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 and specifica- tions, fourteen copies of Phase 4 final working drawings and specifi- cations, and one copy of "as-built" drawings in addition to those documents as required in other sections of this agreement. - 6 - /?7/0/-- 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, specifications and estimates shall not be used on any other work, public or otherwise, except by and with the consent of Architect, and this agreement 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 withholding payment to Architect and/or contractors. XIV. SUCCESSORS AND ASSIGNS: It is understood and agreed that this agreement shall be binding upon City and its successors and assigns, and upon Architect, its suc- cessors and assigns. Neither this agreement nor any part thereof, nor any monies due or to become due thereunder, may be assigned by Archi- tect 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 pro- visions 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 it under this agreement shall be performed by, or under the direction of duly licensed architects, or registered engi- neers, 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 in- volving 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. THE CITY OF CHULA VISTA ~?~~ j). , ~ Mayor the Clty of Chula 1'1-/71 c'c- / 'J .::t'L Clty C erk RICHARD GEORGE WHEELER, A.I.A. AND ASSOCIATES /.24;," ciF'.,,--t )~ , / Approved as ~'/~p,_.. " .......-".-. - '1../ /~ to ,~rlfh,by I )/l/l / j./ ",__._! ><-'-"'P_,,'(~-<:''-('--- City Attorney - 7 - ((7)02- UNANH10US CONSEN1' FOPJl IT IS IlER,:UY REQUESTED by the undersigned that the following i,tem, v1i th the unZlnimous consent of the City Council of the Ci ty of Chula Vista, be considered and acted upon by the council pursuant to the provisions of section 1.16 of the Chula Vista City Code. Resolution - Approving Agreement between the City of Chula Vista and Richard George Wheeler, A.I.A. and Associates for design and con- structionof a City Library facility (Signature) Unanimous Consent of the City Council, a&~iftdicated by , \" , signatures: ,----' O;;;~ ('J:jiA f c::.J JJ or ~{: \11'>1) \l-.O '~ ~ ~ ~ ....d "" .\:","{'..8 , ,,"0\1- .- '~\"~ - ~~. . ).< .~ c'~v j u". '\3. ., ''\'.01'''''' (\'o.~)... ., '"," 1- C'i.~\:-.:.-<.-" .J-' ,. 7,<-1"" / J 1 ,.," .... 1)S;teo.,.' .." ------ , J' / -Ii / <) '~ //f:Y~ T