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HomeMy WebLinkAboutCC RESO 7816RESOLUTION NO. 7816 RESOLUTION APPROVINGCONTRACT Be it resolved by the City Council of the City of National City as follows: That certain contract between CITY OF NATIONAL CITY and WILLIAM F. ROSSER, dated the twentieth day of September, 1960, a copy of which is hereto attached and made a part hereof by reference, is hereby approved and accepted, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. PASSED AND ADOPTED this ,77 2(day of September, 1960. ARCHITECT'S CONTRACT THIS CONTRACT entered into this twentieth day of Sapnember , 1960, between CITY, OF NA TIONAL AT IOVAL CITY, a Municipal Corporation, located in San Diego County, California, hereinafter called "City", and L I ?. F. QOSSER hereinafter called "Architect"; WI TNESSETH That the parties hereto do mutually agree as follows: Article 1. EMPLOYMENT OF ARCHITECT: City hereby employs Architect to perform the necessary professional services including, but not limited to, those hereinafter set forth in connection with the construction of: t Fire S ation to be i,c,tcd Ol cie l an .apppo X I mat Y �i fY v�'+F V p y 2.2 ;: r, f i i de i ands tvene:e, can iis and rescinds tine ue, west lints contract supa rs d of Tidelands Parc i , `s Contract between t',, ,.;,,Lies entered into on th Article 2. THE ARCHITECT'S SERVICES: The Architect hereby accepts said employment and agrees to perform all the necessary professional services to the satisfaction of City, in- cluding, but not limited to, the following: (a) Participation in all conferences with the representatives of City 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 preliminary plans, studies, sketches and designs satisfactory to City, including but not limited to architectural presentation drawings, preliminary building specifications, and preliminary estimates of construction costs, all in such form as the City Manager may direct. (c) The preparation of such complete working drawings and specifications satisfactory to City, including, but not li;rited to, large scale and full size detailed drawings, structural, plumbing, electrical, mechanical, heating,, venti- lating and other engineering working drawings and specifications, and all revisions thereof required by the City Manager, all as are necessary for obtaining bids and for efficient execution of work. The required full size detail drawings, as deter- mined by City Manager, shall be delivered to City not later than thirty days after the working drawings and specifications are duly approved and adopted by the City Council. Forms of all Contract Documents, including, but not limited to, Advertise- ment for Bids, information for Bidders, Bid Forms, Bonds, General Conditions, Special Conditions and Agreement will be prepared and supplied by the Architect subject to the approval of the City Manager and the City Attorney. (d) The drafting and/or prL p ration that may be required by City or any State, Federal or County agency, of forms, proposals, applications, reports, certificates of compliance, certificates of payment, and construction progress schedules. (e) Supervision of the work E:xe:it ;rom the drawings and specifications is to be required under this contract. Such supervision shall be in person by the Architect p;ovided thnt City may in its discretion consent to such supervision by a competent representative of Architects. Such super- vision shall include the preparation of ail documents and/or drawings made necessary by errors in the originally approved drawings or specifi- cations and such modifications therein as may be necessary to meet unanticipated conditions encountered during construction; and Architect shall provide general supervision of the work and shall be in responsible charge thereof. The Architect and his Structural, Mechanical and Electrical Engineers shall inspect the work from time to time as the progress thereof may require and shall visit the work promptly whenever requested to do so by The City Manager or by the Inspector. The supervision of Architect and his Engineers shall be in addition to the personal supervision of the Inspector. Article 3. THE ARCHITECT'S FEE: City shall pay to Architect for the performance of all services rendered herein elk, per cent of the final cost of the work as shown by a final audit, which constitutes complete payment for the Architect's services under this contract. The term "cost of the work" is hereby defined to mean the cost to City but such cost shall not include any Architect's, Structural Engineer's, Clerk -of -the -Works, or Inspector's fees, or the cost of any work not executed from plans and specifications prepared by Architect. Should Architect be directed by the City Manager of City to use working drawings and specifications provided by City for any portion of the work, that portion of the work shall be eliminated from this contract and made subject of a separate con- tract with the fee adjusted to the actual work required of the Architect; provided further, that "cost of work" shall not include any grading, except grading necessary for the construc- tion of said building; that "cost of work" shall not include any paving or macadam; that - ',cost of work"- snail not Include land- scaping. Cost of work shall include any sum withheld by City on account of penalty or liquidated damages. -3- Article 4. PAYMENTS: Payments to the Architect on account of fee shall be made as follows: (a) Upon completion of the preliminary sketches, preliminary structural design, preliminary speci- fications, and architectural presentation drawings for the construction of the work and the written approval of the same by the City Council of City, there shall be due and payable to Architect a sum equal to one and s3 t a,imths estimated cost of the work. per cent of the (b) Upon fifty per cent (50%) completion of the working drawings, specifications and contract documents for the construction of the work and the written approval of the same by the City Council, there shall be due Architect a sum equal to per cent of the estimated cost of the work. (c) Upon completion of working drawings, speci- fications and contract documents for the construc- tion of the work and the written approval of the same by the City Council, there shall be due Architect a sum equal to two and four tenths per cent of the estimated cost of the work. (d) Payments specified under (a), (b) and (c) of this Article 4 shall constitute full payment for preparation of working drawings, specifications and contract documents in event the work is not constructed by City. Upon award of the construc- tion contract, there shall be due Architect a sum equal to six per cent of the actual contract price of the work less any amount he has been paid under (a), (b), and (c) of this Article 4. -4 (e) Upon completion of fifty per cent (50%) of the work of construction there shall be due Architect for supervision, the sum of eight tenths ~`f c" per cent of the cost of the work, computed upon the contract price of the construction contract. (f) The final payment shall be the sum specified in Article 3 of this contract less the amounts specified in Items (a), (b), (c), (d) and (e) of this Article 4 and shall be due and payable thirty- five (35) days after acceptance of the work by the City Council of City upon the satisfactory performance by Architect of all services rendered under this contract, and upon the filing by said Architect with the City Manager, in a form approved by the City Attorney, of a release of any and all claims arising under the contract, and also upon the filing with said City Manager of a complete set of working drawings and specifications showing the finished work as finally executed and approved. (g) It is hereby expressly provided that notwith- standing anything in this Article to the contrary, the total payment for all services rendered by Architect shall never exceed a sum equal to per cent of the final cost of work as defined in Article 3 of this contract. (h) Estimated cost of work, as used herein, shall be computed by Architect and the City Manager. Article 5. BUILDING PERMITS: 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 drawings and specifications as may be required to secure said permits. -5 Article 6. CONFORMITY TO LEGAL REQIIREMENTS: Architect shall cause all drawings and specifications to conform to all applicable requirements 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 specifics+ tions to be filed with these bodies for approval. Article 7. COST OF WORK: Notwithstanding anything to the contrary in this agreement, it is expressly agreed by Architect that any and all fees provided in this contract are subject to the express condition that the plans and specifications shall be so drawn by Architect that the said work shall not cost more than $ 24,OU , as determined by the lowest responsible bid obtained within two (2) months after completion of plans and specifications by Architect and their acceptance by City; that said costs shall be exclusive of Architect's fees; that Architect hereby agrees to endeavor to maintain actual cost of said work as much below said sums as may be consistent with the purposes of the buildings and with proper workmanship and materials. Article 8. ASSOCIATES: Architect shall have the option, with the written consent of City, 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 respon- sibility under this contract. STRUCTURAL ENGINEER: if Architect, or a member of the firm, or a permanent employee thereof, is not legally authorized to use the title "Structural Engineer", or if said Architect, or a member of the firm, or permanent employee thereof, having said authorization is not ac- ceptable to City as a "Structural Engineer", then Architect shall retain at his expense a -6- Structural Engineer, regularly licensed by taw to practice Structural Engineering in the State of California, acceptable to the City, to furnish the structural engineering services herein provided for, including preparation of preliminary structural design, computations, specifications, and estimate of cost, structural working drawings, computations, and specifications and including the super- vision of that portion of the construction work covered by said structural working drawings and specifications. MECHANICAL AND ELECTRICAL ENGINEERS: If, in the opinion of the City Manager, the services of a mechanical or electrical engineer or engineers are necessary for the planning and construction of the work, Architect shall retain a mechanical and electrical engineer or engineers without cost to the'City. This engineering service shall include the preparation of preliminary' plans, specifications and cost estimates, the preparation of working drawings and specifications. and the supervision of the work constructed from such drawings and specifications. Article 9. SUSPENSION, ABANDONMENT, TERMINATION: The City 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,abandonment or termination. If the date of suspension, abandonment, or termination occurs prior to the approval of preliminary studies or prior to the 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 City, and 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 sus- pension, abandonment or termination; provided, however, that in the event the work is suspended, abandoned or terminated for the reason that the buildings cannot be erected and constructed for the sums set forth in Article 7, then and in that event Article 7 shall apply and this Article 9 shall be of no force or effect. Article 10. OWNERSHIP OF DOCUMENTS: Drawings and specifications supplied as herein required are the property of City whether or not the work for which they are madebe executed. Architect shall furnish to City such copies of all drawings and specifications as are necessary for study by City and its representatives; shall supply the copies of said drawings and specifications required under Article 6 hereof, and shall supply eight (8) additional copies to City. Such other copies of the drawings and specifications as may necessary for obtaining bids and for the proper conduct of the work shall be supplied to City by Architect at the cost of reproduction. Article 11. SURVEYS. BORINGS. AND TESTS: City upon request and without cost to 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 devel- opment of the required drawings and specifications. Article 12. INSPECTION: City may appoint and pay an Inspector. Said Inspector shall report to City Manager employed by City, or to a member of his staff designated by him to receive such reports, Article 13. CHANGE ORDERS; After award of construction contract Architect shall not order the contractors to make any changes affecting the contract price without written approval of City first having been obtained, pursuant to the terms of the contract documents. Architect ma responsibilit Y order on his own Y, and pending City's approval at the time to changes necessary meet construction emergencies if written approval of City Manager is first secured. Article 14. SUCCESSORS AND ASSIGNS; conditions and All terms, All 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, Architect: shall not sublet, assign, or transfer his interest in this contract without the written consent of City. Article 15, TIME REQUIRED TO COMPLEE PRELIMINARY SKETCHES AND WORKING DRAWINGS AND SPECIFICATIONS. It is under- stood and agreed that time is the essence of this contract and that the preliminary sketches, preliminary structural design, preliminary specifications, Preliminary estimate of construction cost, and architectural presentation drawings, shall be completed within one hundred twenty working days after execution of this contract, and that the working drawings, computations and specificationsshall be completed within sax' working days after the approval by the City Council of said preliminary sketches; and That time during which Architect is delayed in his work by the acts or neglect of City, or its employees or those under it by contract or otherwise or • • by the acts of God which said Architect could not reasonably have foreseen and provided and which are not caused b y or the for,continuance of which is not due to any fault or negligence on the shall be added to the time for completion of the of Architect, sketches or P Preliminary working drawings and specifications provided in te.s - 9 w Article, but City shall not be liable for any damages on account of any such deia}i. Article 16. REPRESENTATIVES OF THE PARTIES: Architect shall consult the City Manager on all matters relative to this contract. The City Manager shall cooperate with Architect in all matters relative to this contract in such manner as will result in the performance of the work without undue delay. Article 17. INSTRUCTIONS TO PROCEED; Architect is not to proceed with performance of any services under this contract without first securing written authorization from the City Manager to do so. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above written. ATTESTED: T ERo o NATIONAL CITY CITY OF NATIONAL CITY San Diego County, Cri1ifornia B - 10 - ARCHY'1ECT