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HomeMy WebLinkAboutReso 1978-9300 RESOLUTION NO. 9300 resol Form No. 342 Rev. 2/76 RES LUTION OF THE CITY COUNCIL OF'~~iE"ChTY OF CHULA VIS A, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VIS A AND THOMAS WILLIAMSON, ARCHITECT, FOR ARCHITECTURAL SER ICES FOR A COMMUNITY CENTER IN MEMORIAL PARK, APPRO- PRI TING FUNDS FOR THESE SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby as fo lows: NOW THEREFORE, BE IT RESOLVED that that certain agrQement betw~e THE C TY OF CHULA VISTA, a municipal corporation, and THOMAS WILLI SON, Architect, to provide architectural services for a Comm nity C nter in Memorial Park dated he 26 h day of September 19 78 a copy of which 's atta hed hereto and incorporated herein, the same as though fully et for h herein be, and the same is hereby approved. BE T FURTHER RESOLVED that the sum of $19,583 be appropriated from t e unap ropriated balance of the Parks Acquisition and Development Fund, nd aut orizing the transfer of these funds, plus $5,917 from Acct. 100-15 1-5201 to Acct. 616 6100 SBA01. BE Vista e, and agreem nt for Presented by CT FURTHER RESOLVED that the Mayor of the City of Chula he is hereby authorized and directed to execute said and on behalf of the City of Chula Vista. Emerso~ Ha11,~Director of Parks and Re reatio Approved as to form by ~ V ~~ / George D. Lindberg, City Attorney_ ADO TED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFO IA, this 26th day of September 19 78 by AYES • ~ Councilmen Hyde, Gillow, Scott, Cox, Egdahl NAYES : ~ Coun~i lmen None ABSENT ~ Coun~i lmen None ~ Q' ~ I~r~ ~~ ~~~"" Mayor of the City of Chula Vista ATTEST. r STATE F CALI ORNIA) COUl~i~I'Y OF SAN DIEGO) ss . CITY O CHULA VISTA) I, of Chu a Vist true a d corr not be n amen City Clerk of the City California, DO HEREBY CERTIFY that the above is a full, ct copy of Resolution No. and that the same has ed or repealed. DATED City Clerk GREEMENT BETWEEN THE CITY OF CHULA VISTA AND THOMAS ILLIAMSON, ARCHITECT, FOR ARCHITECTURAL SERVICES TO REPARE WORKING DRAWINGS AND SPECIFICATIONS AND TO ROVIDE OTHER REQUIRED ARCHITECTURAL SERVICES ASSOCIATED ITH THE CONSTRUCTION OF A COMMUNITY CENTER IN MEMORIAL ARK HIS AGREEMENT, made and entered into this 26th day of Sept tuber , 1978, by and between THE CITY OF CHULA VI5TA, a m nicipa corporation, hereinafter referred to as "City" and THO AS WIL IAMSON, Architect, 1819 Fifth Avenue, San Diego, Cali- for is 921 , hereinafter referred to as "Architect"; W I T N E S S E T H HEREAS, the City requires professional services tb assist in he pla ning; to develop working drawings, specifications, cost est mates nd to provide other necessary architectural services re- qui ed to onstruct a Community Center in memorial Park, and HEREAS, the employment of an architect is necessary to pro ide su h services for the Community Center, and HEREAS, Mr. Thomas Williamson is an AIA architect offering to ontrac with the City of Chula Vista as an independent contractor to rovide such services for the Memorial Park Community Center. OW, THEREFORE, IT IS MUTUALLY AGREED by and between the par ies he eto as follows: Architect shall furnish professional services to the Cit of Ch la Vista as directed by the Director of Parks and Rec- rea ion, u der the general supervision of the City P4anager of the Cit , to p epare working drawings, specifications and other required arc itectu al services for the construction of a Community Center in emoria Park. The services furnished by said Architect shall inc ude, b t not be limited to: Preparation of complete working drawings, specifica- tio s and final cost estimates; Architectural Services required during request for constructions bids and the construction phase; and Such other services as may be agreed upon by City an within the professional capabilities of the Architect. 2. The City agrees, in consideration of the services pr vided ereinabove by Architect,. to compensate said Architect at the fo lowing rates: A. For personnel on his staff and other consultants wo king a directed on City projects at the following listed ho rly ra es: (1) Principal Architect $30.00 (2) Principal Engineer in Electrical, Mechanical and Structural Fields BTA (3) Design Architect $22.50 (4) Design Engineer BTA (5) Draftsman $17.50 (6) Secretarial $12.00 -1- A~11 of the foregoing hourly rates shall be prorated to-the near st tenth (10th) of an hour for purposes of billing. B. For non-salary expenses, the actual expenses for such ite s to Architect; provided, however, that'such items shall be approved, i writing, in advance by the City based upon the cost esti ates s pplied by Architect. C. The total amount of compensation and reimbursable expe see du ing the term of this agreement shall not exceed, in any event, the sum of $25,500.00. D. Payment to Architect for professional services and rei ursable expenses incurred shall be made monthly after receipt of itemized billling by Architect, setting forth the services ren ered, he professional rendering said services, and the hours to he nea est tenth (10th) rendered in the individual capacities. A11 reimbu sable expenses shall be set forth in an itemized billing. Architect's records of the time spent in fulfilling the provisions of this agreement by his personnel or consultants emp oyed b Architect to fulfill the provisions of this agreement, as e11 as items of reimbursable expenses, shall be made available for examin tion by City personnel within a reasonable time foll©w- ing a requ st to examine .said records. Working drawings shall be done on City-supplied D-s'zed sh ets of polyester drawing film. Final specifications and cost e timates shall be typed on bond paper. City will pro- vid neces ary copies for checking such drawings and specifications as re pre ared. . Architect shall submit said drawings and specifications to he Par s and Recreation Department for approval. All original dra ings a d specifications shall become the property of City at the com letion of each assigned task and may be used by City on any other pro ect wi hout.payment of further compensation. har clu err emp sha pen any of etc less o ing le r, omi oyed b 1 rema ent co tort 1 third Architect shall indemnify and hold the City free and and from all claims, demands, losses and liability, fin- al fees, to the extent the same are the result of an Sion or negligent act hereunder of Architect or any person Architect. Architect further stipulates that he is and n during the course and scope of this contract an inde- tractor for all purposes, including, but not limited to, ability arising through injuries to the person or property person, withholding of federal and state income taxes, sha and the fyi his suc sha sha a g eit f ur to r rig th r 1 defa~ ition shall service g the rights defau 1 file 1 be a neral er or .her no ~inate is of ~. Remedies of City. In the event (a) that Architect alt in the performance or fulfillment of any covenant or ierein contained on his part to be performed or fulfilled :ail to cure such default within ten (10) days follow~.ng on him of a written notice from the City P~Ianager speci- lefault or defaults complained of and the date on which hereunder will be terminated as hereinafter provided if _t or defaults is or are not cured, or (b) that Architect a voluntray petition in bankruptcy, or (c) that Architect ijudicated a bankrupt, or (d) that Architect shall make assignment for the benefit of creditors, then and in any of said events, City may, at its option, without. :ice or demand upon Architect, immediately cancel and :his agreement and terminate each, every and all of the architect and of any and all persons claiming by or :hitect under this Agreement. The rights and remedies -2- of no agr or any act rig men agr may Con dic and the by let add and not giv in sai add or aut not se ity as ay be ~ ement c n equit law in d or bE is and or be ement have a< hereinabove set forth are cumulative only and shall. in eemed to limit any of the other provisions of this r otherwise to deny to City any right or remedy at law y which City may have or assert against Architect under effect at the date hereof or which may hereafter be en- come effective, it being the intent hereof that the remedies of City, as hereinabove set forth, shall supple- in addition to or in aid of the other provisions of this nd of any right or remedy at law or in equity which City ainst said Architect. Control and Administration of Agreement: Notices. rol an administration of this agreement is under the juris- ion of the City Manager of .City as to City's interest herein any co unication to the terms or conditions or any changes eto or any notice or notices provided for by this agreement or aw to e given or served upon City may be given or served by er dep sited in the United States mail, postage prepaid, and essed o the Ciy Manager, attention of the Director of Parks Recrea ion, P. O. Box 1087, Chula Vista, California 92012. Any ce or otices provided for by this agreement or by law to be n or s rued upon Architect may be given or served by depositing he Uni ed States mail, postage prepaid, a letter addressed to Archi ect at his principal place of business or any other ess wh ch may hereafter be agreed upon by Architect and City, gay be ersonally served upon Architect or any .person hereafter orized by Architect to receive such notice. Any notice or ces gi en or served as provided herein shall be effectual and ',ing fo all pruposes upon the principals of the parties so Architect shall not be paid for work incident to cha ges re uired by his errors, omissions or negligence in the wor ing dr wings and specifications. Architect further pledges to orrect at no additional cost, such errors, omissions or negli- gen e as a e present in any working drawings or specification. . Architect is and shall be an independent contractor and not an agent or an employee of City. Any provisions in this agr ement hat may appear to give City the right to direct Architect as o the etails of doing the work or to exercise a measure of con rot ov r the work mean that Architect shall follow the directions and standa ds of City as to end results of the work only. 1 Architect shall not assign this contract or subcon- tra t any f the work in whole or in part without City's prior wri ten co sent. Architect shall not assign any monies due or to bec me due hereunder without City's prior written consent. A con- sen to on assignment shall not be deemed to be consent to any sub equent assignment. In no event shall any contractural relation be reated by Architect between any third party and Architect pur- por ing to act on behalf of City. 11. Architect expressly warrants to City that the work is ased on his expertise and has been done in accordance with goo professional practice. ag Bement of intent to termini wo k perfc gr ph 2 a~ 2. City may, at its option, elect to terminate the at any time by giving thirty (30) days' written notice on to terminate to Architect. In the event City elects te, City shall pay Architect the reasonable value of the rmed, but not to exceed payments as specified in Para- ove. -3- 1 sch dules, ser ices b wri ten no may requir of his ag pay Archit dat of th Par graph If unusual delays occur in complying with project City may, at its option, suspend performance of further Architect for a reasonable period of time by giving ice of such suspension to Architect, after which City compliance by Architect with all terms and conditions Bement. In the event of such suspension, City shall ct the reasonable value of the work performed up to the suspension, but not to exceed payments as specified in above. 1 Acceptance of payment by Architect under Paragraph 13 bove s all discharge all of City's obligations and liabilities and r this agreement. l~. City sha11 furnish Architect with data on proposed ovemen s and existing site conditions. N WITNESS WHEREOF, the parties hereto have caused this agr ement o be executed the day and year first hereinabove set for h. CIT OF CH LA VISTA ARCHITECT ,~ May r t e City of C la Vzsta T omas Williamson ~I AT T yLlfi itv Clerk / oved ads to f orm by Citly Atto 3 l,~i -4-