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HomeMy WebLinkAboutCC RESO 6716RESOLUTION NO. 6.716 BE IT RESOLVED by the City Council of the City of National City as follows: That the architectural contract submitted by Harold Gimeno for services in connection with the proposed municipal swimming pool, a copy of which is hereto attached and by reference is made a part hereof be, and the same hereby is accepted and approved, and the Mayor is authorized and directed to execute /the same for and on behalf of the City of National City. PASSED AND ADOPThD this /. day of Mayor AThST: , /,- ii-,---e-,--,---. City Clerk ARCHITECTURAL CONTRACT THIS CONTRACT entered into this 21s z, day of August 1956, between. the City of National City ,California, hereinafter called the Owner and rW gimerto, 3.Z. Tiber engitCtt% Ftnnb atct}Itects iostOutc 1416A Ja. Main Salt. :it►mnbetie 2.0060 Etta Anit, (alarms hereinafter called the Architect, witnesseth that the parties here- to do mutually agree as follows: Article 1. EMPLOYMENT OF ARCHITECT: The Owner hereby employs the Architect to perform the necessary professional services, in eluding but not limited to those hereinafter set forth in connect- ion with the construction of a ic pal S t?' _'1..nn. Poo- J ,R--?1anlcai Plant, Bath House and other reled fac it ties , 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 the Owner, including but not limited to the following,: (a) Participation in all conferences with the representatives of the Owner and other goVerning agencies necessary: for the devel- opment 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 Otmer to construct the project. (o) The preparation of preliminary plans and studies satisfao•- tory to the Owner. (d) The preparation of such complete working drawings and specifications satisfactory to the Owner as are necessary for obt- aining bids and for efficient ezecition of work. Forms of all Contract Documents, including but not limited to Advertisement for Bids, Information: for Bidders, Bid Forms,' Bonds, General Conditions and Agreement will be prepared and supplied by the Architect subject to the approval of the Owner and the City=Managet..and-the"Cite Attorney. (e) The drafting and/or preparation that may be required by the Owner or governing officials, Of forme, propoeals, certificated 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 or a qualified representativeof his staff. (f) -Continued* Such rupervision shall include the prepar- ation of all documents and/or, drawings made necessary by errors in the originally approved drawings or specifications and such modi- fications therein as may be necessary to meet unanticipated condi- tions encountered during construction. Article 3. THE ARCHITECT'S Fa.: The Owner shall pay to the Architect for the performance of all services rendered herein rim - per cent (05 %) 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 the Owner but such cost shall not include any Architect's, Structural Engineer's, Clerk-of-the- Work's, or Inspector's fees, or the cost of any work not executed from plans and specifications prepared by the Architect. Article 4. PAYMENTS: Payment for services under this contract shall be made as follows: (a) Upon completion of the preliminary studies for the coast- ruction of the work and the written approval of the same by the -Owner`.aa evidenced by a motion of its governing board duly passed: and adopted, there shall be due and payable to the Architect aim sum equal to two per cent ` of the estimated cost of the work,' (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 °'tw0= per cent 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 per cent (50%) of the work of construction there shall be due the Architect for supervision the sum of one per cent (1%) of the cost of the work, computed upon the contract price of the construction contract. (e) The final payment shall be she 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 rent -red under this contract, and upon the filing by said Architect with the governing board of the Owner, in a form approved by the City Manager ittd the'City `Attorney,of a release of any and all claims arising under this eontractb Article 5. BUILDING PERMITS: The Architect shall be resp- onsible for giving notice of the need of securing zoning and other permits made necessary by the contemplated placement of said woek on the site, and shall provide such drawings 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 requirements of law, local and State, and to all requi- rements 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 Arch- itect 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 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 as may be consistent with the prupose 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 the event that such statement is not filed and bids received by the Owner from contractors for the construction of the work indicatethat they cannot be constructed in accordance with the plans and speci- fications furnished by the Architect for the specified sum, the Architect shall, if requested by the Owner, and without extra com- pensation therefor, so revise the plans and specifications for the work that the construction may be completed for a total cost which does not exceed the specified sum. Article 8. 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 con- tract 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 suspen- sion, 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 9. 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 speci- fications as are necessary for study by the Owner and its repres- entatives; shall supply the copies of said drawings and specific- ations recuired under Article 6 hereof, and shall supply eight (8) 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 10. 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 11. CHANGE ORDERS: After award of construction cont- ract the Architect shall advise the Owner.._ in writing of any material change, or changes, necessary in the plans and spe+ti- f ications of said bu8,lding, or buildings, and shall not order the contractors to make any changes affecting the contract price with- out written approval of the Owner iiCity' Mestageri=first' having been secured pursuant to the terms of the contract documents. The Architect may order on his own responsibility and pending the Owner's app- roval, changes necessary at the time to meet construction eaerg*. envies if written approval of the Owner'and'-the City1tanager` is first secured. Article 12. 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. Article 15. INSTRUCTIONS TO PROCEED: The Architect is not to proceed with performance of any services under this contract without first securing written authorization fro* the Owner to do so. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above written. CITY,OF J�N/�ATIIO�ONAL CITY, CAL URNIA By By By Harold 'im o, Architect