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HomeMy WebLinkAboutReso 1977-8862RESOLUTION NO. 8862 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ALFRED E. O'DAY AS PROJECT REPRESENTATIVE FOR THE CIVIC CENTER RENOVATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore entered into a certain contract with Alfred E. O'Day as Project Representative for the Civic Center renovation project, approved by Resolution No. 8444 on December 14, 1976, and WHEREAS, said agreement was for a six month period com- mencing on April 1, 1977, and WHEREAS, it is now desired that said agreement be extended for a period of nine months commencing on November 1, 1977. NOW, THEREFORE, BE IT RESOLVED that that certain First Amendment to the Agreement between the City of Chula Vista, a municipal corporation, and ALFRED E. O'DAY as Project Representative for the Civic Center renovation project, dated the day of October, 1977, 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 First Amendment to Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by E. J. wady, Director of Building and Housin Georg Lindberg, City Att ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 25th day of October , 1977, by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Egdahl, iIobel NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City of C la Vista ATTES City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , of Chula Vista, California, DO HEREBY CERTIFY full, true and correct copy of Resolution No. same has not been amended or repealed. DATED City Clerk of the City that the above is a and that the City Clerk FIRST AMENDMENT TO AGREEMENT FOR PROJECT REPRESENTATIVE FOR THE CHULA VISTA CIVIC CENTER BUILDING THIS FIRST AMENDMENT, made and entered into in the City of Chula Vista, California, this /gih- day of :~;~ ~~F,~~~ , 1977, by and between the CITY OF CHULA VISTA, a municipal corporation, herein- after referred to as "City" and ALFRED E. O'DAY, 1036 Hayes Street, San Diego, California 92103, hereinafter referred to as "Project Representative"; W I T N E S S E T H WHEREAS, the City, during the renovation of the Chula Vista Civil Center Buildings, requires the services of an inspector and qualified professional to perform various services during said con- struction, and WHEREAS, ALFRED E. O'DAY is an individual who holds the necessary training and expertise to perform the services listed below. NOW, THEREFORE, in consideration of the mutual promises and upon the terms and conditions contained herein, the City and Alfred E. O'Day, the Project Representative, agree as follows: 1. The Project Representative agrees to provide the fol- lowing professional services as an independent contractor employed by the City: Construction Inspection: 1.1 To serve when appointed as an independent building inspector as directed by the Director of Building and Housing, or his authorized representative. 1.2 To inspect for the purposes of determining that all construction activities comply with the following regulations: Uniform Building Code 1976 Edition; Uniform Mechanical Code 1976 Edition; Uniform Plumbing Code 1976 Edition; National Electrical Code 1975 Edition; Title 19, California Administrative Code; Title 24, California Administrative Code; Chula Vista Municipal Code. 1.3 To compare the contract plans and specifications for the purpose of advising the City of any contractor's or subcontractor's conformance with said plans and specifi- cations in any building activity. 1.4 To act as a special inspector for the purpose of inspecting high strength concrete masonry and structural welding, and to provide such services in accordance with f standard construction practice. 1.5 To determine that all testing of soil, concrete and other specified tests are, in fact, completed in accor- dance with the applicable contract plans and specifica- tions or State of local ordinances. 1.6 To perform concrete cylinder samples and to perform concrete slump tests and report the results of such tests. 1.7 To review all shop drawings. - 1 - Coordination Activities: 1.8 The Project Representative shall act as a coordi- nator between the various subcontractors for the purpose of maintaining the projected job completion schedule. 1.9 He shall act as a liaison on behalf of the City between the architect and general contractor. Material Inspection: 1.10 The Project Representative shall further inspect materials delivered to the job site to insure they are of the type and quantity specified in the contract plans and specifications. 1.11 He shall inspect each delivery ticket of structural concrete to insure the amount of concrete utilized is in accordance witizthe plans and specifications. Professional Recommendations: 1.12 The Project Representative shall, in accordance with his professional training and experience, advise the City of the following: 1.12.1 Any changes in construction which may be made to insure a sounder structure and/or monetary savings. 1.12.2 The reasonableness and approval of any suggested change orders. 1.12.3 Advise the City and maintain records of any delays caused by fire, flood, epidemic, strikes or acts of God. 1.12.4 The percentage of work completed by the contractor in order to determine whether the City should make a progress payment. ` 2. The Project Representative hereby covenants that he has the experience to perform the work enumerated above. He further covenants that his activities shall be as an independent contractor and that, as such a contractor, he is .bound by the terms and condi- tions set forth in this agreement and shall not be entitled to any of the benefits and/or remunerations available to any employee of the City of Chula Vista, including but not limited to: workmen's compensation, group health insurance or overtime. 3. The Project Representative further covenants that he shall provide his own transportation wherever necessary for perfor- mance of his duties under this agreement. 4. The parties to this agreement hereby agree that the - Project Representative shall be paid monthly for his activities on the first day of each month, or the next working day thereafter. Parties further agree that the Project Representative shall be paid for his duties under this agreement at the rate of ONE THOUSAND SIX HUNDRED DOLLARS AND NO/100s ($1,600.00) per month. The contract payments shall be prorated for any portion of a month during which the Project Representative performs services. - 2 - 5. The contract period will be for nine (9) months, pro- vided, however, that the City of Chula Vista, at its sole option, may terminate said agreement following no less than thirty (30) days written notice of the City's intent to terminate said agree- ment. Upon the expiration of the nine month period, commencing with the first day of November, 1977, unless this agreement is terminated earlier, the agreement may be extended at the sole option of the City on a month to month basis, in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~~ I Mayor of he City of a Vista ATTES City Clerk Approved as to form by ~~ ' City Attorney PROJECT REPRESENTATIVE '~ ~ p ~. Alfred'E. O'Day ~~- ~/