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HomeMy WebLinkAboutCC RESO 8700RESOLUTION NO. 8700 RESOLUTION APPROVING CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, as follows: That the City of National City enter into a contract with the Architectural Firm, Freeland and Bird, to perform the overall architectural work required for the construction of a City Hall. That said Contract between the CITY OF NATIONAL CITY, and FREELAND AND BIRD, dated the 23rd day of June , 1964, a copy of which is hereto attached and made a part hereof by reference as though set forth at length, is hereby approved and accepted, and the Mayor is authorized and directed to execute and the Clerk is authorized and directed to attest the same for and on behalf of the City of National City. PASSED AND ADOPTED this 23rd day of June , 1964. ATTEST: I hereby certify that the above and foregoing is a full and true copy of Resolution No. 8700 of the Res- olutions of the City of National City, California, as adopted by the City Council for said City, and approved by the Mayor of said City, on the 23rd day of June , 1964. CITY C-IL-..L.C11;'71-4-Q-- ARCHITECTzS CONTRACT THIS CONTRACT entered into this 23rd day of June 1964, between the CITY COUNCIL OF THE CITY OF NATIONAL CITY, hereinafter called the Owner, and FREELAND & BIRD, hereinafter called the Architect, witnesseth that the parties hereto do mutually agree as follows Article 1. EMPLOYMENT OF ARCHITECT The Owner hereby employs the Architect to perform the necessary professional services, including but not limited to those hereinafter set forth in connection with the construction of A multi -level Civic Center of approximately 30, 000 or more square feet, including administrative offices and various departments of city and/or county government as determined by the City Council, and other construction appurtenant thereto; located on the following described real property: See attached sheet. Article 2. THE ARCHITECTXS SERVICES: The Architect hereby accepts said employment and agrees to perform all the necessary professional services to the satisfaction of the Owner, including but not limited to the following: (a) Participation in all conferences with the representatives of the Owner and other local or state agencies necessary for the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law. (b) The preparation of a site plan, and all other data .and information necessary and required for an application by the Owner to any State or Federal agency for funds to finance the construction project. (c) The preparation of preliminary plans and studies satisfactory to the Owner. (d) The preparation of such complete working drawings and specifications satisfactory to the Owner as are necessary for obtaining bids and for efficient execution of work. Forms of all Contract Documents, including but not limited to Advertisement for Bids, Information of Bidders, Bid Forms, Bond, General Conditions, Special Conditions and Agreement will be prepared and supplied by the Architect subject to the approval of the Owner and its legal counsel. (e) The drafting and/or preparation that may be required by the Owner or the other governmental agencies, of forms, proposals, certificates of compliance and construction progress schedules. (f) Supervision of the work executed from the drawings and specifications. Such supervision shall be in person by the Architect provided that the Owner may in its discretion consent to such supervision by a competent representative of the Architect. Such supervision shall include the preparation of all documents and/ or drawings made necessary by errors in the originally approved drawings or specifications and such modifications therein as may be necessary to meet un- anticipated conditions encountered during construction. Article 3. THE ARCHITECT'S FEE: (a) The Owner shall pay to the Architect for the performance of all services rendered herein six percent (6%) of the final cost of the work as shown by a final audit, plus reimbursement of costs not to exceed $5, 000 for basic preliminary redesign caused by the change of site, said costs being more fully set forth below, which constitutes complete payment for the Architects services under this contract. The term "cost of the work" is hereby defined to mean the cost to the Owner, but such cost shall not include any Architect2s, Structural Engineeris, Clerk -of -the -Worlds, or Inspectors fees, or the cost of any work not executed from plans and specifications prepared by the Architect. (b) The Architects Costs. The Architect shall maintain an efficient and accurate cost -keeping system as to all costs incurred by him in connection with the subject of this agreement, and his accounts, at all reasonable times, shall be open to the inspection of the Owner or his authorized representative. The costs referred to in this Article comprise the following items: (1) The sums paid for drafting at 2.5 times the actual labor charge to the Architect, said factor representing a general expense of the Architectss office commonly called overhead. (2) The sums paid to structural, mechanical, electrical, sanitary or other engineers. (3) The sums paid for incidental expenses such as costs of trans- portation or living incurred by the Architect or his assistants while traveling in discharge of duties connected with the work, cost of reproducing drawings, printing or mimeographing, models, telegrams, long distance telephone calls, legal advice, expressage, etc. Article 4. PAYMENTS: Payments for services under this contract shall be made as follows: (a) Upon completion of the preliminary studies for the construction of the work and the written approval of the same by the Owner as evidenced by a motion of its governing board duly passed and adopted,. the Architect shall present to the Owner a detailed statement in a form approved by the Owner, of the payment due on account of the costs referred to in Article 3, and the Owner shall pay the Architect the amount thereof. - 2 - XERO? np;oy %ERO1 (b) Upon completion of working drawings, specifications and contract documents for the construction of the work and the written approval of the same by the Owner as evidenced by a motion of its governing board duly passed and adopted, there shall be due the Architect a sum equal to four percent (4%) of the estimated cost of the work. (c) Payments specified under (a) and (b) of this article shall constitute full payment for preparation of working drawings, specifications and contract documents in event the work is not constructed by the Owner. (d) Upon completion of fifty percent (50%) of the work of construction, there shall be due the Architect for supervision the sum of on.e percent (1%) of the cost of the work, computed upon the contract price of the construction contract. (e) The final payment shall be the sum specified in Article 3 of this Contract, less the amounts specified in Items (a), (b) and (d), and shall be due and payable thirty-five (35) days after acceptance of the work by the governing body of the Owner, upon the satisfactory performance by the Architect of all services rendered under this Contract, and upon the filing by said Architect with the governing board of the Owner, of a release of any and all claims arising a.nder this Contract. Article 5. BUILDING PERMITS: The Architect shall be responsible for giving notice of the need of securing zoning and other permits made necessary by the contemplated placement of said work on the site, and shall provide such draw- ings and specifications as may be required to secure said permits. Article 6. CONFORMITY TO LEGAL REQUIREMENTS:'` The Architect shall cause all drawings and specifications to conform to all applicable require- ments of law, local and State, and to all requirements of all bodies formed under local or State law whose approval of the drawings and specifications must be obtained, and shall cause the necessary copies of such drawings and specifications to be filed with these bodies for approval. Article 7. COST OF THE WORK: It is understood by the Architect that should working drawings and specifications be ordered by the Owner, the Owner shall specify the sum of money set aside to cover the total cost of the construction of the work exclusive of Architects fees, and the Architect agrees to develop the plans so that the total construction cost to the Owner will not exceed the specified sum, endeavoring in so doing to keep the actual cost of the work as low as may be consistent with the purpose of the buildings and with proper workmanship and material. Should it become evident during the planning of the work that the total construction cost will exceed the specified sum, the Architect shall at once present a statement in writing to the governing body of the Owner setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based. In %E OI CCPY" - 3 - ERO1 COPY the event that such statement is not filed and bids received by the Owner from contractors for the construction of the work indicated that they cannot be .con-- structed in accordance with the plans and specifications furnished by the Architect for the specified sum the Architect shall, if requested by the Owner, and without extra compensation therefor, so revise the plans and specifications for the work that the construction may be completed for the total cost which does not exceed the specified sum. Article 8. ASSOCIATES: The Architect shall have the option, with the written consent of the Owner, to associate with him and at his expense architects, engineers, or other qualified persons to render services in connection with the planning of the work, and to delegate to them such duties as he may delegate without relieving himself from administrative or other responsibility under this contract. Article 9. SUSPENSION, ABANDONMENT, TERMINATION: The Owner hereby reserves the right to suspend or abandon at any time all or any of the construction work designated in Article 1 of this contract or to terminate this contract at any time. In the event of such suspension, abandonment or termination, the Architect shall be paid pursuant to the schedule of payments set forth in Article 4 of this contract for services rendered up to the date of such suspension, abandon- ment, or termination. If the date of suspension, abandonment or termination occurs prior to the date of approval of preliminary studies or prior to the date of approval of the working drawings, such payments shall be the reasonable value of the services rendered up to the date of such suspension, abandonment or termination, less any payments theretofore made, as determined by the Owner, and the Architect hereby expressly waives any and all claims for damages or compensation arising under this contract, except as set forth herein, in the event of such suspension, abandonment or termination. Article 10. OWNERSHIP OF DOCUMENTS: Drawings and specifications supplied as herein required are the property of the Owner whether the work for which they are made be executed or not. The Architect shall furnish to the Owner such copies of all drawings and specifications as are necessary for study by the Owner and its representatives; shall supply the copies of said drawings and specifica- tions required under Article 6 hereof, and shall supply four (4) additional copies to the Owner. Such other copies of the drawings and specifications as may be necessary for obtaining bids and for the proper conduct of the work shall be supplied to the Owner by the Architect at the cost of reproduction. Article 11. SURVEYS, BORINGS AND TESTS: The Owner, upon request and without cost to the Architect, shall furnish such surveys, borings, test pits and tests as may be necessary to reveal conditions of the site which must be known for the proper development of the required drawings and specifications. Article 12. INSPECTION: The Owner shall appoint and pay an Inspector approved by the Architect. Said Inspector shall report to the Owner or to any employee of the Owner designated to receive such reports, and to the Architect. The provisions of this article and the appointment and actions of an Inspector shall in no way affect or diminish the Architect's responsibility to perform the services more fully set forth in Article 2 hereof. XEROB XERO{ ropy' Article 13. CHANGE ORDERS: After award of the construction contract, the Architect shall advise the Owner in writing of any material change, or changes, necessary in the plans and specifications of said building, or buildings, and shall not order the contractors to make any changes affecting the contract price without written approval of the Owner first having been secured, pursuant to the terms of the contract documents. The Architect may order on his own responsibility and, pending the Owner2s approval, changes necessary at the time to meet construction emergencies if written approval of the Owners Chief Executive Officer is first secured. Article 14. SUCCESSORS AND ASSIGNS: All terms, conditions and provisions hereof shall inure to and shall bind the parties hereto, their and each of their respective heirs, executors, administrators, successors and assigns. Except as provided above, the Architect shall not sublet, assign or transfer his interest in this Contract without the written consent of the Owner. Article 15. INSTRUCTION TO PROCEED: The Architect is not to proceed with performance of any services under this Contract without first securing written authorization from the Owner to do so. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above written. FREELAND & BIRD By �tilli,I/v/ A '"(A�% APPROVED AS TO FORM: XERO4 5 THE CITY COUNCIL OF THE CITY OF NATIONAL CITY J By f) By ATTEST: XERO: r X�� ^oPY