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HomeMy WebLinkAboutCC RESO 5918• 3 / RESOLUTION NO. 5918 BE IT RESOLVED by the City Council of the City of National City, California, as follows: SECTION 1: That certain agreement between RORRRT A 6nd the CITY CF NATIONAL CITY, a municipal corporation, a copy of agreement which/is attached hereto, be, and the same is hereby, approved. SECTION 2: That MAURICE CARRIGAN, Mayor of the City. of National City be, and he is hereby, authorized directed to execute the same for and upon behalf of the said City. THIS CO, of San D:_ego Co} ROBER.l A. BRA; CT' CONTRACT CT entered into this, 1953, between CITY N day TIONAL CITY ifornia, hereinafter called "City", and , hereinafter called "Architect" WITNESSETH: That the parties hereto do mutually agree as follows: Article 1. E PLOYHE!T 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: located: Fire ation, and Public Librar; e Station), Public Li.b Gtd Ca t n? l city,_ 9.i"ornia ITECT'S S R IC : The Architect and agrees to perform all the to the satisfaction of City, Article 2, THE A heresy accepts said employment necessary professional services including, but not limited to, the following: a) Participation in all conferences with the repre- sentatives of City and other local or State agencies, necessary for the development of the drawings, specifications and documents in accord- ance with the applicable standards and requirements of law. (d preparation of a site plan aid all other a inf tion necessary and required au application by City to any State or ra l agency f't r funds to finance the con- et on project. preparation of preliml .3ry plasns, etudiees, ches and designs satisfactory to City, in-- ing but not limited to architectural pre- ation drawings, preliminary building apecifi- oane, and preliminary estimates of construction a, all in such form as the City Manager may dix The preparation of such complete working drawings and specifications satisfactory is City, including e de- n sal, but not limited to, large scale tailed drawings, structural, plumbing mechanical, heating, ventilating and other engi- neering 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 f'ull- size detail drawings, as determined by City gcr, shall be delivered to City not later t thirt (30) days after the working drawings aspecifinatione are duly approved and adopted orms of all Contract Docu- Bonds, €fie Agreement Architect the City :asun eluding, but not limited to, Advertise- Information for Bidders, Bid Forms neral Conditions, Special Conti tions and will be prepared and supplied by the subject to the approval of City and e t for ley e Page Two Architect for The drafting and/or preparation that nay be required by City or any State, Federal or County agency, of forms, propose1e f applications, reports, certificates of compliance, certificates of payment, and construction progress schedules. Supery e CO Such bitect pr rk ewe uteri from the draw - be required under on shall be in ided that City may its dine 2 tton consent to such supervision by ompetent repsentative of Architect. Such elude the preparation of all documents and/or drawings made necessary by errors in the originally approved drawings or specifica- tions and such madif ieation$ therein as may be necessary to meet unanticipated conditions en- + ountered during construction; and Architect shall provide general aupervieion of the work and shall be in responsible charge thereof. The Architect and hie Structural, Me- chanical and Electrical Engineers shall inspect t pork from time to time as the progress thereof y -esquire and shall visit the work promptly when- e er requested to do so by the City Manager or by the tnapector. The supervision of Architect and his Engineers shall be in addition to the personal supervision of the Inspector, supervision Article 3. THE ARCHistCT'SE City $hall pay to performance of all servie rendered herein eight per cent () of the final cost of the work as shown by a final audit, which consti Architect's services urde the work" is hereby defin cost shall. not include an Clerk -of -the -Wox k's, or work not executed from pl Architect. Should Architect utes . is to mean the cost to Ci° rchitectte, Structural Engineer's, +actor ' s fees, or the cost of any sd speoifi+cations prepared by 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 contract with the fee adjusted to the actual work required of the Architect; provided further, that "cost of work" shall not in- elude any grading, except grading necessary for the construction of said buildings; that r'cost of work" shall, not include any paving or macadam except for the first fifteen (15) feet from the rear of the public library building; that "cost of work" ashall not include landscaping. p• te sent for the act. The terdt 'reast of but such sum of $1, .qp, which has been paid hereto- on April 4, 1953, receipt of which ;is hereby wledged by Architect. (b) Upon cc ple►tioax of the preliminary ?Joinery etructurai; deasi, , prelive tions, and architectural presentation drawings for the construction of the work and the written ap- proval of the same by the City Council of City, there shall be due and payable to Architect a sum equal to two per cent (2%) of the estimated cost of the work less the sum of $1,500.00 heretofore d by City to Architect and specified in (a) of Page Four heu, pre spec if e- this Article . Upon fifty per cent ( ) c letiOn syf ttse working drawings, specifications and contract documents for the construction of the work and the written approval of the sane by the City 1, there shall be due Architect a sum dual to two per cent (2%) of the estimated cost of the work. (d) Upon completion of wor drawings, ssg cification and contract documents fox' the construction of the work and the written approval of the s by the City Council, there shall be due Arehites t c s equal to two per cent (2%) of the esti ted eosst of the work. Payments specified under (a), this Article 4 shall constitute full pair preparation of working drawing*, specific* contract document* In event the work is not d by City. Upon award of the construction there shall be due Architect a sum equal kr cent (6%) of the actual contract price rk less arsy amount he has been paid under d) of this Article 4. (b), d,) of far Upon completiono fif 50,$) of the work of construction there shall be due Architect for s'upervie on, the sum of one per cent (1%) of the cosh of t e work, computed upon the contract price of` the construction contract. Five s.l be le 3 of this cents d in Items (a;) ib . e) and (f) of this Article # and Shall be due and payable thirty --five (3 ) days oaf' acceptance caf the work by the City Council of City upon th,e aatis- factory performance by Arch' et of all rvices rendered under this contract, and upon the filing by said Architect with the City tanager, a form approved by the City Attorney, of a release of` any and all claims arising under the contract, also upon the ifi? r ith said City Manager of a com plete set of wo.king drawings and specifications sawing the finished work as finally executed and approved. It is hereby expxtasas y provi its thing in this Article to tots l payment for a .l services toot shall never exceed asume the per cent (8%) of the final cost of work as doti, ed .in rti.cle 3 of this contract stimated coast of work,as used herein,ahall be computed by Architect and City Kanager. In the event Architect and City Manager cannot agree on estitaaltes, the City and Architect shall each appoint one iter and the two arbiters .l appoint a third arbiter. If the two arbiters eat agree on a third, then the third arbiter be appointed by the presiding Judge of the and spec Superior Court in and for the County of San Diego. The arbiters shall report their dee+sioan writing and the 'decision of a majority of the iterss shall be final. The arbiters eha ll be paid a reasonable fee for their services and the cost of such arbitration shall be borne equally by the City and the Architect. Article 5. i3 MIRO Z responsible for giving notice of the Archi,teei of secu other Permits made necessary by the conte ,*la ple# said work en the site, and shall provide ouch drawings f "cations as may be required to secure said permits. dp Art + 6. C MUTT TC. WAAl, T$ t Architect shall uSe all drawir a epccificationo applicabl.e requirements of law, local and State, quirements of a .l bodies formed ed under local or State lam whose approval of the drawings and specifications must be obtafned, and shall cause the necessary copies of such drawings and specifica- tions to be filed with these bodies for approval. call Article 7. CST OF Wks N in this agreement, it is Architect and call tees provided in this contra ct sere subject to the t3iticrn that the plans and epeeoificatia ass shall be so Architect. that the said Fire Station shall not cost more ,oco.00 and that said Public Library shall Scat cost more ti,000.00,. all as determined by the lowest reePomeible btaid within two (2) months after completion of plasm eptanea by City; all re - one by Architect and thel opts that sand costs l be exclusive of Architect►s feeesi 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 with proper workmanship and materials. Article S. ASSOCIATE Architect shall have the with the written consent of City, to associate with him and: expense, architects, engineers, or other qualified persons der services in. connection with the planning of the work, and to p' 3 E n, delegate to them such duties as he may delegate without reliev himself from administrative or other responsibility under this contract. member of the or a permanent employee thereof, is not y authorized to use the tittle "Structural ", or if said Architect, asr a member of the firm, or permanent employee thereof, having said authorization is not acceptable to City as Structural Engineer", then Architect shall re - at his expense a Structural Engineer, regu- licensed by law to practice Structural IE gi- neering in the State of California, acceptable to the City, to furnish the structural engineering services herein provided for, including prepare- tion of preliminary structural design, compute- s, specifications, and estimate of east, structural working drawings, computations, and specifications and including the supervision of that portion of the construction work covered by said structural working drawings and specifications. el the City If, in the opinion of a mechanical or +electrical en. ineer or engineers are necessary for the planning and construction of the work, itecct shall retain a mechanical and electri cal engineer or engineers without cost to the City. "fhis engineering service shall include the preparation of preliminary plans, specifics-- bona and cost estimates, the preparation of working drawings and specifications, supervision of the work tructed f drawings and specifications. Ar' City hereby reserves the right to s or any of the construction work des ;he u ' tNATION: or abandon at any time 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 t of this contract for services rendered up to the date of such sus- pension, abandonment or termination. If the date of suspension. abandonment, +fir t*ruination occurs prior to the approval of pre- liminary studies or prior to the approval of the working drawings, such payments shall be the reasonable value of the services render- ed up to the date of such suspension, abandonment,9r termination less any payments theretofore made, as determined by City, and Architect hereby expressly waives any and ell claims for damages car compensation arising under this Contract, except as set forth herein, in the event of such suspension, abandonment or terminaa- Boni 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, there and in that event Article 7 shall apply and this Article 9 shal3 be of no force or effect. Arti ns Cft Arc: cat tone required { additio l copies to City. Such other copier of the draw- Inge and specifications as may be necesasry for obtaining bids and for the proper conduct of the work shall be supplied to City by Architect at the cost of reproduction. 10 IS; Drawings • Plied as herein reg wired are the• property of •or not the work for which they are made be executed. to. City such copies of all drawings and necessary fog° study by City and its►epre- upply the copies of said drawings and spec if i. 'der Article 6 hereof, and .shall supply eight 1I AVM, vongos AND to borings, test pits tests as bee ice # ditions of the site which must be 1u own for the Pi anent of the required drawings and specifications. 1 Inspector. maid by City, or to * such reports. Cit; City u uch survey weal cars- r develop - TICK; City may appoint an stor shall report to City Manager of his staff designated by him to receive Article 13. Architect shall not order fecting the contract price wit having been obtained, pursua'n Af of c tars to teen approval.. of terms of the con ed tion tract documents. Architect may order on hie o responsibility, and pending City' e i pproval, changes necessary at the time to meet construction emergencies if written approval of City Manager is first secured Ten Article 1. diticans prcavisions parties hereto, their and each of their sap e� ezeo tors, administrators successors, and ase: Except as provided above, Architect till n©t sublet assign, or transfer his interest in this contract without the written consent of City. A preliains 'Pipetftcat arthitee to pr , pre j a i ar.. e t i alto" presentation drawing; working etsYe ref` tad that the working drawings hail be completer within he approval by the City Cotaa3s+ teas ve heirs, OA- the ` this contract and that the uctural design, preliminary of construction cost, and char l be completed within eeution of this contract, aktions, and specifications. working days after acid preliminary sketches; and That time during which ai* atect is delayed in his work by the note or; neglect of City, or .its employees or those wader it by contract or otherwise, or by the acts of God which said Archi- teat could not reasonably have foreseen and provided for, and whicah are not caused by or the continuance of which is not due to stay fault or negligence on the part of said Architect, shall be added to the time for completion of the preliminary sketches or working drawings and specifications provided in this Article, but City shall not be liable for any damages on account of any such delay. Article l6. �. canit the. City act. City Manager AT 4F Page Eleven wv rchiteot this ith Architect ira e to th3.s contract in such ner as result in the p rto rice of the wor without undue delay Artie le 17. TUNS TAPNOCs Anchite not to proceed with performance of any services under this con- tract without first securing written authorisation from City to do so. eats the day and year A Ds 1 I of 0 WTT{' AL have hereunto set our hands above OP NATIONASL G San Diego City, Ca • • day of April AYES: Councilmen 21st PASSED AND ADOPTED by the City Council of the City of National City, California, this 19 53 ..... , by the following vote, to -wit: Hart: McClure: Parchen, Sarn: Carrigan NAYS: Councilmen None ABSENT: ATTEST: None City Clerk. I hereby approve the foregoing 44/"--6 or of the City of ational City, ifornia. Resolution this 21st April day of , 19 53 { fax6mmezm „a44/24,6-& M or of the City of ational City alifornia. { Resolution I hereby certify that the above and foregoing is a full and true copy of No Ordinance { Resolutions of the of the City of National City, California, as adopted by the City Council of said Ordinances City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy DOCUMENT No. Dated OFFICE OF THE CITY CLERK NATIONAL CITY, CALIFORNIA RESOLUTION No ADOPTED BY THE COUNCIL