HomeMy WebLinkAboutCC RESO 8206RESOLUTION NO. 8206
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 Pall.
That said Contract between the CITY OF NATIONAL CITY,
and FREELAND AND BIRD, dated the 14) th day of October, 1962, a
copy of which is hereto attached and made a part hereof by ref-
erence 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 16th day of October, 1962.
ATTEST:
I hereby certify that the above and foregoing is a full
and true copy of Resolution No. 8206 of the Resolutions 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 .16tth day of October, 1962.
CITY CLERK
ARCHITECT'S CONTRACT
THIS CONTRACT entered into thi sA v' `say
1962, between the CITY COUNCIL OF THE CITY OF NATIONAL CITY, herein-
at;er called '.he Owner, and FREELAND it2 BIRD, hereinafter called the Architect,
witneaseth that th, parties hereto do mutually agree as follows:
icle 1. EMPLOYMENT OF ARCHITECT: The Owner hereby employs
the A.rcchitec: to perform the necessary professional services, including but not
limited to th se hereinafter set forth in co>+ne tls n with the cConstruction of
A Ci ic Center of approximately 40, 000 nquare feet, including
ative 'offices for the val'icus pr.rtio.-s of city government,
and court facilities, and other construction appurtenant
located can tLe following described rea,. property:
ttachecf
°--
Ar 'ti l e 2.. 'H! ARGHITEG �'tS SERVICES: The Architect hereb
...ceptt. sale, emplo},..ent and agrees to perlor:- all the necessary proles
services to ,'-±e satisfaction of ::he O'.vacr, including but not limited to ti-e
Owner a
drawings,
sta. ndarde
(b)
necessary
agency for
Participation in all conferences with the rep,..eeentativea of the.
other local or state agencies necessary for the tlevel.oprncnt of the
:specifications and documents in accordance with the applicable
a.zd requirements of law.
The preps ation o. a site plan., as and infoi'mat1Cflt1
nd required for an application by the Owner to any State or Feder
unds to finance the construction .roject.
(c) Th
Owner It
eps=ra:ion of preliminary
_...___e"r Stood and agreed that it >IiT:. be necessary to terminate ais
Contract lU t:oCa completion�
of
r climinary studies if finds fcr conetr�ictiort of the
P;
project, are not approved.
(e1) The preparation cf such complete working drawings and sT,ecifications
satisfactor7 to the Owner as are necessary for obtaining bids and for efficient
execution ci work,Forms of all Contract Documents, including but not limited
to Advertisement for Eid.t, Infa<•rnation of Bidders, Bid Forrns, Bond, General
Conditions, Special Conditions and Agreement will be prepareci an:1 supplied by
the Architect su.bject to the approval of the Owner and its legal counsel,
and stc.die=_ satisfactory to the
All that property located '4tksi the City of National Citg, :gutty cf San
tgo, State of California, described as fQil_o4a:
All of block 1, closed alley adjacent and 10 foot street closing on the
Borth and 10 got street closing h, D. L. Usti- r Sued .AL t, of the
West 3 is of :Lacs 10, Quarter Section 154, According to Map No. 1105, filed in the
Office cf the San Diego C.st ty Recorder.
Lots 1 ti. la 20, 10 foxy: street closing adjacent tc the Southerly l,sts
�9c 3. L, for Subdivision wf *«.ha West half cf Let 11, Q rtes
10asxii11,
154, eccer tug to the NWp No.
Loco 1 Through
ugh
the Office cf' the San Diego
rest closing adjacent to
herly
portion of bet 1f3, zd Lots 17 ;' rcagh 2), Block 2, D. A. L.otier Subdivision: cf
Wert tl.,;k1f c4 Logs 11, Quarter
Sr
the Office of the San Diego of. er.
acccri1ztg to Nap *T.I. 1105 filed i
(e) drafting and/or preparation that may be required by the
Owner or tht other governmental agencies, of form, proposals, certificates
of compliance and construction progress schedolee.
(f) frupervision of i'16 work executed from the drawings and specifica.-
tions. Such supervision shall be in person by the Architect provided that the
Owner may- ie its discretion consent to such supervision by a competent
representative cf the Architect. Such supervision shall include the preparation
of all (-la:laments aud/or drawings math- necessary by errors in the originally
approved drawings or specifications and such modifications therein as may be
necessary to meet unanticipated -conditions encountered during construction.
Articie 3. THE .ARCHITECT'S FEE: The Owner shall pay to the
Architect for the performance of atl services rendered herein eight per cent
(8%) cf the final cost of the work as shown by a final audit, which constitutes
complete payment for the Architect's services under th10 contract. The term
"cost of the Neork" is hereby defined to rnea.r. th,e cost te the Owner, but such
cost shall not inclucit? any ArchitecCs, Structural Engineers. Clerk-of-the-
Work's, or Siispector's fees, or the cost M.' any work >act executed from Plans
and specifications prepared by the Architect.
Article 4. PAYMENTS: Payment fcr services- under this Contract shall
be made a s fol'.ows.:
(a) Upon completion of the preliminary studies for tile construction of
the work and the written approval of the same by the Over as eeidenced by a
motion of its governing board duly passed and adopted, there shall he due and
payable to the Architect a sum equal to two per cent Win) cf the estimated cost
of the work. A payment of not more than $I 5, 500 snail constitute full payment
for approved preliminary F.A tudie in the event his Contract is terminated.
(b) Upon completion of working drawings, specifications and contract
documents fo the construction of the work and the written approval of the same
by the Owner as evidenced by a motion of its geverning board duly passed and
adopted, they :2 shall be due the Architect a sum equal to four per cent (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 ceontract
documents in event the work is not constructed by the Owner.
(d) Upon completion of fifty per cent (50%) of the ivtirkoZ construetion,
there shall be due the Architect ter ettoe.rvision the surn of one per cent (1%) of
the cost of thc work, computed upon the contract price of the constructioo
contract.
(e) Tte final payment shall be the sum specified in Article 3 of this
Contract, less the amounts specifiled 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 eervicee rendered under this Contract, and upon the filing by said
Architect with the governing board of the Owner, of a relea.se of any and all
claims arisin under this Contract.
Article 5, BUILDING PERMITS: The Architect shall be responsible
for giving notce of the need of securing zoning and ether permits made
necessary by the conternpiated placement of said work on the site, and shall
provide such drawings and specifieations as may be required to secure said
permits.
Article b. CONFORMITY TO LEGAL REQUIF.EMENTS: The Architect
shall cause all drawings and specifications to conform to all applicable require-
ments of law, local arid State, and to ail requirements of all bodies formed
under local or State law whose approval of the drawings and specifications must
be obtained, end shall cause the necessary copies of 6Uch drawings and specifica-
tions to be filed with these bodies for atoproval.
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 soecify the sum of money set aside to cover the total cost of the
construction of the work exclusive of Architect's 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 a 3 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 sha.1 at once present a staterne.ot in writing to the governing body cf
the Owner setting forth. this fact and giving a full f3tatement of the coat estimates
on which the. conc.lusion is based.. In the event that such statement is not filed
and bids recet.ved by the Owner from contractors for the construction of the
work indicate that they cannot be constructed in accordance with the plans and
specifications furnished by the Architect fcr the specified riu.„--n, the Architect
shall, if requexted 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 associa.te with him and at his expense
architects, engineers, or other qualified persons to render services in
connection wi-h 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.
Artie. e 9. SUSPENSION„ ABANDONMENT TERMINATION: The
Owner herebs, reserves the right to suspend or abancion at any time all or any
of the censtruction work designated in Article 1 of this contract or to terminate
this contract at. any time. In the even 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, abandonment, or termination. If the date of suspension,
abandonment cr termiaation 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 reaeonable value of the services rendered up to the date cf such
suspension, sband.oretnect cr terrnination, less any payments theretofore made,
as determined by the Owner, arid 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, abandonrneut or termination.
Articls 10. OWNERSHIP OF DOCUMENTS: D.-rawings and specifications
supplied as herein required are the property of the Owner whether the work for
which they are rnade be executed or not. The Architect shall furnish to the
Owner euch copies of all drawings and specifications as are necessary for
study by the Cwner and its representatives; shall supply the copies of said
drawings and pecifications required under Article 6 hereof, and shall supply
four (4) additisnal 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 repro-
duction.
Article 11. SURVEY'S, 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
nnuet be knows. for the proper cievetopme.nt of the rectuired drawings and
specifications.
Article 12. DiSPECTION: The Owner Ella)1 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.
Article 13, CHANGE ORDERS: After award of the construction
contract, the sierchitect 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 crder the contractors to make any changes affecting the
contract price %vithout written approval of the Owner first having been secured,
pussisant to the terms of the contract clocunsents. The Architect may order on
his own responsibility and, pending the Owner's approval, changes necessary
at the time to meet construction emergencies if written approval of the Owner's
Chief Executive Officer is first secured,
Article 14. SUCCESSORS AND ASSIGNS: Ali terms, conditions
and provisions hereof shall inure to and shall bird 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. LNSTRUCTION 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 W?TNESS WHEREOF, we have hereunto set our hands and seals the
day and year first above written.
THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY
FREELA.ND & BIRD
hJ Ad
APPROVED AS TO FORM:
Date fl (" \:}P
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