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HomeMy WebLinkAboutReso 1960-2510RESOLUTION NO. 2510 . . i1. .. . A .- ' v�'' ^ _ c. �! ' 4v • r~ . • , } r , } ✓ a tl^ . .r 'i-0FFa r .A.. ' W.,ke .• `j f.t 4... , -' ' S • • RESOLUTION NO. 2 510, . , RESOLUTION ,OF THE CITY COUNCIL APPROVING, ` , ' AGRBZ4ENT BETWEEN THE CITY 9F CHULA VISTA ' ur JAMES W. •BIRD, ARCHTBCT , THE CITY-COUNCIL OF THE CITY-OF CHULA VISTA DOES 'HEREBY RESOLVE AS FOLLOWS:. • Section 1. That certain agreement between James N. Bird, ,.,t. Architect, -and the City of Chula Vista, a Municipal Corporation, ' dated Seotei ber 27. 1960 , a copy of which is at- ` . - .ached hereto, and incorpogted herein, the same as though fully set ,, - forth herein, be, the same is hereby approved. , r . , Section 2. That the Major'rof the City of Chula Vista, be and . •• he,is',hereby authorized rand 'directed' to execute the same for, and upon-behalf of the said city. - • M ADOPTED,, SIGNED"`AND APPROVED this ,27th day of �Se.aatembei , 1960 , `R • . Zr of the Ci y of n Chula Vista, California ' ATTEST • , ' . . .- .. ', R •• k • - . .........'. .:,.....:_t2...,.,....&� "\t 1 City Ierk o the ity o °' . i +`‘' �6y�1°• '''1:- Chula' Vista, California . . , . 4,,,,,. N • • • • • • • • J • • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 27th day of September , 19 60 by the following vote, to- wit: AYES: ' COUNCILMEN Smith,McAllister, DeGraaf,Menzel,McMains NAYS: COUNCILVEN None ABSENT: COUNCILMEN None `1;IVF; ' o ' ae - fis a ATTEST "ty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) • I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. , and that the same -- has not been amended or repealed. DATED • City Clerk • • CITY OF CHULA V i S •LA . . STATE OF CALIFORNIA ARCHITECT'S CONTRACT THIS CONTRACT entered into this 27th day of September I9■6o, between the CITY OF CHULA VISTA, County of San-DDiego, State of California, hereinafter called the City, and James W. Bird hereinafter called the Architect , - witnesseth that the parties hereto do mutually agree as follows: Article I e EMPLOYMENT OF ARCHITECT: The City hereby employs the Architect to perform the necessary pro essional services, •including, but not . limited to, those hereinafter set forth in connection with the construction of: a one story Adult Recreation Building located on the following described real property: 262 "F" Street • 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 City, including, but not limited to, the folloeiing: le) Participation in all conferences with the representatives of the City and other local or state agencies necessary for the develop- ment 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 in- formation necessary and required for an application by the City to any State or Federal aeency for funds in connection with financing the construction project. lc) The preparation of preliminary plans and studies satisfac- tory to the City. id) The preparaf• ioin' of such complete working drawings and speci- fications satisfactory to the Ci'f"y- as are necessary for obtaining bids and for efficient execution of work. Reproduci-bie,,lasters for all NO0J11 ) d a Contract Document, . ncludinci but not limited i;,, Advertisement for - Bids , information for Bidders, Bid Forms , Bonds, General Conditions, Special Conditions and Agreement will be prepared by the Architect subject to the approval of the City and City Attorney and the City shall reproduce from these masters such copies as may be needed in connection with this project, (el The drafting and/or preparation that may be required by the City, of forms, proposals, certificates of compliance and construc- tion progress schedules. • ( f) Supervision of the work executed from the drawings and speci- fications. Such supervision shall be in person by the Architect provided that the City may, in its discretion, consent to such super. • vision by a competent representative of the Architect. Such super- vision shall include the preparation of all documents and/or drawings made necessary by errors in the originally approved drawings or speci- fications and such modifications therein as may be necessary to meet unanticipated conditions encountered during construction. ' Article 3.-. THE ARCHITECT'S FEE : The City shall - pay to the Architect for the performance of all services rendered herein eight percent t8 ) • of the final cost of the work as shown by a final audit, which con- stitutes complete payment For the Architect 's services under this contract. The term "cost of the wore is hereby defined to mean the cost to the City, but such cost shall not include any Architeet's, Structural Engineer's , Clerk-of-the W'ork ' s, or Inspector' s fees, or the cost of any work not executed from plans and specifications pre- pared by the Architect. Article 4 - PAYMENTS: Payment for services under this contract shall be made as of ors: . (a) . Upon completion of the preliminary studies for the construction of the work and the written approval of the same by the City Engineer., there shall be due and payable to the Architect a sum equal to two percent (2c°) of the estimated cost of the work. ( bi Upon completion of working drawings, specifications and contract documents for the construction of the work and the written approval of the same by the City Engineer, there shall be due the Architect a sum equal to four percent ( 0 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, specifI- cations and contract documents In event the work is not constructed by the City. ( d) Upon completion of fifty percent - ( 501g) of the work of con- struction there shall be due the Architect for supervision, the sum of one percent ( 1`4) 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 • -2- - the-work by the Ct . y Council , upon the satisfsetory performance -by -- -` t•he Architect of all services 'rendered under this contract, and upon the filing by said Architect with the governing board of the City, In a form aaproved by the City Attorney of a release of any end ' all • claims arising under this contract. Article 5 — BUILDING PERMITS: • The Architect shell be responsible s. for giving notice o the need of securing zon'ng 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. Article 6 — CONFORMITY TO LEGAL. REQUIREMENTS: The Architect s hal l • 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 specifications to be -f lied-- wi th #hose bodies for approval . • Article 7 — COST CF THE \YORK: It 'is understood- by the Architect that , should working drawings and specifications be ordered by the City, . - the City 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 plan's so that the total con— . struction' cost to the City will . not exceed the specified sum,. - endeavor-y ing -in so dolmg to keep the actual cost of the work as low' es may be consistent with the purpose of the buildings and with proper workman—. • shisi and materials . Should if become evident .during the planning of the .wor.k that the total construction cost •will exceed the specified sum, the .Architect shall at once present • a Statement In .wr:i-ting to . the City -Council of the City, letting—Forth forth this fact and—giving a full '.st-a-temient of the cost estimates on which the conclusion is based° In the event' that such statement is not filed and bids r.eceI.ve.d by the CFt-y from contractors for -the construction of the work indicate 'that they cannot. be constructed in accordance with .the plans end ,speci'f.ications furnished, by the Architect for the specif ied sum, the' Architect Shall , if requested by the City, and Without extra compensation therefore, so - revise the plans and speeificetioris,:•for the work that the construction may be completed for a total c o•st which does not exceed the specified -- sumo. • - - • Article 8 — ASSOCIATES: The Architect shall have the opt ion, .with the written consent of the Cify, . 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, end . to delegate to them. such duties as he mays .delegate -�vithout Pel ievinri hinseIf from administrative or other responsibility under this contract. Article. 9' — SUSPENSION_ ABAN[X),NMEN,T, ' TERMINATION: The City hereby reserves the r igo suspend or abandon at any t lme all, or any of the • - construction work designated in Artici,¢ -1 of this contract. or to ter- minate' this contract at any time„ In the event of such suspension, abandonment or termination, the -Architect shall be paid purrs iant, to the schedule--.of..payments set forth In Article 4 of this contract. for.'serVices rendered—up - to- to the date of such. suspension, abandonment , or" 'te`rm - ination . If the date of suspension , abandonment or termination occurs prior to • the .date of approval of the-working drawings, such payments shall be the reasonable - ' . —3— ' . value of the servi: ' s rendered up to the date such suspension, abaci- donrnent, or termination less any payments theretofore made, as determined by the City and the Architect hereby expressly wives 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 termin- af Ion0 Article t0 - O"NERSHI P OF DOCUMENTS: Drawings and specifications supplied as herein required are the property of the City whether the work for which they are made be executed or not . The Architect shall furnish. to the City such copies of. ell drawings and specifications as are necessary for study by the City and its representatives; shall supp€y to the City without any additional cost to the City, reproducible masters of said drawings and specifications so the City can reproduce such additional copies as will be needed in connection with said construction project. Article t l - SURVEY5 BORIN ;S A'?D TESTS: The City, 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_ fhe required drawings and specifications . Article 12 •- INSPECTION: The City shall appoint and pay an inspec- tor. Said Inspector shall report to the City or to any employee- of the City designated to receive such reports. Article 13 CHANGE ORDERS: After award of construction contract, the Architect shall advise the City 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 'City first having been secured, pursuant to the terms of the contract documents. The Architect may order on his own responsibility and pending the City 's approval , changes necessary at the time to meet construction emergencies if writ-ten approval of the City' s Administration Officer is first se- cured. ' Article 14 - 'SUCCESSORS AND ASSIGNS: All terms, conditions and provisions hereof shall inure fo 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 City. Article 15 - INSTRUCTION TD PROCEED: The Architect is not to pro- ceed with performance of any services under this contract without first securing written authorization from the City to do so. IN 'wI NESS \'HEREOF , we have hereunto set our hands and seals the dey and year first above written. -4- ATTEST: /f CI TY OF CI-ULA VISTA Ivor lerk alroqk y-0111P Or Mayrsr L,2 A 3 tect • APPROVED AS TO FORM: • -5 Job No. 1949 • • RELEASE OF CLAIMS • • WHEREAS, heretofore on September 27, 1960 , James W. Bird, • A.I.A. , entered into and executed certain Contract with the City of Chula • Vista, California, whereby James W. Bird, A.I.A. , as Architect for the •• • consideration set forth therein, agreed with said City of Chula Vista, as Owner, to perform certain architectural services more specifically designated therein; and • WHEI.EAS, said services for the work of construction of a one- • story Adult Recreation Building have been performed by James W. Bird, A. I.A. , pursuant to the terms of said Contract and the final payment there- .: for in the sum of $364. 85 is now due and payable to the undersigned. NOW, THEREFORE, FOR AND IN CONSIDERATION of said final payment of $364. 85 , receipt of which is hereby acknowledged, James W. s. • Bird, A. I.A. , Architect under said contract for the work of construction of a one-story Adult Recreation Building, does hereby release the City of Chula Vista, Chula Vista, California, and any and all officers, agents or employees of said City from all claims or demands accrued or now existing or here- after arising under and by virtue of the terms of said Contract, or any one or all thereof either express or implied. DATED this 2nd day of August, 1961. • ES W. BIRD, A.I.A. • ,���� 0