HomeMy WebLinkAbout1979-358 'i
1 RESOLUTION NO. ~f' ~3
i
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GREGORY VILLANUEVA ASSOCIATES
3 RELATING TO ARCHITECTURAL SERVICES FOR THE WESTSIDE BRANCH LIBRARY
4 ~ BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor of the City of San Bernardino is
6
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with Gregory Villanueva Associates relating to
9 architectural services for the Westside Branch Library, a copy i
t0 of which is attached hereto, marked Exhibit '°A" and incorporated
I
II herein by reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
t4 Bernardino at a~
Q~asa~~~~.~~ meeting thereof, held
~ -'T
IS on the day of ,y~~ir~ylc~~ , 1979, by the following
16 vote , to wit : ~ ,E
17 AYES: Councilmen y~~~~G+'//~/%~%AO~it,~1~ rGG~i~r~
_`~i
19 NAYS : y~p~~
20 ABSENT: ~,~m~ n ~~.~~p~
21 /1~
_ _ iyi/1/ ~fil//l~J`i
22 - ity Cler
23 The foregoing resolution is hereby approved ~ day
2q of aoriY.r2TI~~lC~ , 1979.
25
ay o t e ity of S Bernardino
26 Approved as to/ form:
Cit
2g y At rney
- -
I Ht AMERICAN INSTITUTE OF ARCHITECT I S
AIA Document 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
7HI5 DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLE710N OR MODIFICATION
AGREEMENT
made as of the loth day of September in the year of Nineteen
Hundred and 79
BETWEEN the Owner: CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, California 92418 ,
and the Architect: GREGORY VILLANUEVA ASSOCIATES
613 S. Fremont Avenue
Alhambra, California 91803
For the following Project: IN CENTRAL CITY WEST SHOPPING CENTER, Mount VernoTP
Avenue and Fifth Street, a freestanding 7,500 square foot Branch Library,
with a 100 seat multipurpose community room, and capable of housing a book
collection of approximately 25,000 volumes and 1,000 phonograph records.
The facility will include a quiet study area, conference room, staff offices,
public restrooms, aT7t display areas, audio visual areas and a minimum of
sixty-five study ohairs. Major priority will be given in the resources and
the decor to multilingual and multicultural themes and its exterior design
must conform to the general plan previously adopted for the entire shopping
center.
The Owner and the Architect agree as set forth below.
Copyright 1917, 1916, 19A, 1951, 1%3, 1%g, 1%1, 19~, 19%, 1967, 1970, 1971, ®1977 by The American Institute
of Architects, 1739 Ntw Yor6 AYenw, N.W., Washinlptm, D.C. LDg6. Reproduction oI the material herein or
substamial quanlan of ID provialons wllhoul permlallon d tM AIA vlolalea the copyright 4ws of the United
States and will be sublact to legal proaewllon.
AIA DOCUMENT 6111 •OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IUEY 7977 • AIA • ®1977
THE AMERIUN INSTITUTE OF ARCHITECTS, 1719 NEW YORK AVENUE, N.W., WASNRYGTON, D.C. 199Of B141~19TJ ~
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1 menu to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
ARCHITECTS SERVICES AND RESPONSIBILITIES market conditions.
BASIC SERVICES 7.3.4 The Architect shall assist the Owner in connection
The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re-
phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav-
include normal structural, mechanical and electrical ing jurisdiction over the Project.
engineering services and any other services included 1,4 BIDDING OR NEGOTIATION PHASE
in Article 15 as par[ of Basic Services.
1.4.1 The Architect, following the Owner's approval of
1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement
1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in
by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in
and shall review the understanding of such requirements awarding and preparing contracts for construction.
with the Owner. 1.5 CONSTRUCTION PHASE-ADMINISTRATION
1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT
lion of the program and the Project budget requirements, 1,5.1 The Construction Phase will commence with the
each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with
forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under
1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the
five approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate ,
1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date
Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs
for approval by the Owner, Schematic Design Documents first.
consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and
the scale and relationship of Project components. incorporated in the Contract Documents, the Architect
1.1.5 The Architect shall submit to the Owner aState- shall provide administration of the Contract for Construc-
ment of Probable Construction Cost based on current Lion as 'set forth below and in the edition of AIA Docu-
area, volume or other unit costs. ment A201, General Conditions of the Contract for Con-
struction, current as of the date of this Agreement.
1,2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shah be a representative of [he
1.2.1 Based on the approved Schematic Design Oocu- Owner during the Construction Phase, and shall advise
menu and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac-
the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi-
pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner
Documents consisting of drawings and other documents only to [he extent provided in the Contract Documents
to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac-
Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16.
trical systems, materials and such other elements as may 1,5.4 The Architect shall visit the site at intervals ap-
be appropriate.
propriate to the stage of construction or as otherwise
1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally
Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to
1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding In accord-
ance with the Contract Documents. However, the Archi-
1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con-
uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan-
ity of the Project or in the Project budget authorized by lily of the Work. On the basis of such on-site observa-
the Owner, the Architect shall prepare, for approval by bons as an architect, the Architect shall keep the Owner
the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and
logs and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and
menu for the construction of the Project. deficiencies in the Work of the Contractor.
1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of
lion of the necessary bidding information, bidding forms, and shall not be responsible for construction means,
the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for
ment between the Owner and the Contractor. safety precautions and programs in connection with the
1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub-
AIA DOCUMENT Bl~l •OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAe • ®1977
THE AMERIGN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 10006 6141-19]] 3
contractors or any other persons performing any of the necessary or advisable for the implementation of the intent
Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author-
Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in
1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu-
Work wherever it is in preparation or progress. menu, whether or not such Work be then fabricated, in-
stalled or completed.
1.5.7 The Architect shall determine the amounts owing 1,5.13 The Architect shall review and approve or take
to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals
evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but
and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the
as provided in the Contract Documents. Work and with the information given in the Contract
1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable
constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap-
based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an
vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component.
the Contractor's Application for Payment, that the Work 1,5.14 The Architect shall prepare Change Orders for
has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with
the Architect's knowledge, information and belief, the quit- the Contract Documents, and shall have authority to order
ity of the work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment
menu (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time
formance with the Contract Documents upon Substantial vYhich are not inconsistent with the intent of the Contract
Completion, to the results of any subsequent tests re- Documents.
quired by or performed under the Contract Documents,
to minor deviations from the Contract Documents tor- 1.5.15 The Architect shall conduct inspections to deter-
rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com-
tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the
Contractor is entitled to payment in the amount certified. Ownei s review written warranties and related documents
However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by
not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay-
examination to ascertain how and for what purpose the ment.
Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim-
Contract Sum. nations of authority of the Architect as the Owner's rep-
1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or
quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con-
the performance thereunder by both the Owner and tractor and the Architect.
Contractor. The Architect shall render interpretations net- 1.6 pROIECT REPRESENTATION BEYOND BASIC SERVICES
essary for the proper execution or progress of the Work
with reasonable promptness on written request of either 1.6.1 If the Owner and Arc):titect agree that more ex-
the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in
cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro-
and other matters in question between the Owner and the vide one or more Project 'Representatives to assist the
Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at thq site.
~ Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em-
1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect
be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be-
from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex-
graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe
the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of
ante by both the Owner and the Contractor, shall not such Project Representatives.
show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre-
result of any interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further
faith in such capacity. protection for the Owner against defects and deficiencies
1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such )froject representa-
artistic effect shall be final if consistent with the intent of lion shall not modify the rights, responsibilities or obliga-
the Contract Documents. The Architect's decisions on lions of the Architect as described in Paragraph 1.5.
any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES
those in question between the Owner and the Contractor, The following Services are not included in Basic
shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall
ment and in the Contract Documents. be provided if authorized or confirmed in writing by
1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner
which does not conform to the Contract Documents. as provided in this Agreement, in addition to the
Whenever, in the Architect's reasonable opinion, it is compensation (or Basic Services.
AIA DOCUMENT R111 • OWNER•ARCHITECr AGREEMENT • THIRTEENTH EDITION • IULY 7977 •AIA• • ®19]7
4 6141-1977 THE AMERIUN INSTITUTE OF ARCHITECTS, 17AS NEW YORK AVENUE, N.W., WASHINGTON, D.C. 10006
1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in
gramming the requirements of the Project. connection with the replacement of such Work.
1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default
studies. of the Contractor, or by major defects or deficiencies in
1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance
ronmental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for
sites, and preparing special surveys, studies and submis- Construction.
sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings
or others having jurisdiction over the Project. showing significant changes in the Work made during
construction based on marked-up prints, drawings and
1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect.
terns and equipment which are not intended to be con- 1 718 providing extensive assistance in the utilization of
strutted during the Construction Phase.
any equipment or system such as initial start-up or testing,
1.7.$ Providing services to investigate existing conditions adjusting and balancing, preparation of operation and
or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation
verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation.
nished by the Owner. 1,7,19 providing services after issuance to the Owner of
1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a
sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after
with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work.
completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness
requested by the Owner. in connection with any public hearing, arbitration pro-
1.7.7 Providing coordination of Work performed by ceeding or legal proceeding.
separate contractors or by the Owner's own forces. 1,7,21 providing services of consultants for other than
1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec-
a construction manager or separate consultants retained trical engineering services for the Project.
by the Owner. 1.7.22 Providing any other services not otherwise in-
1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in
analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice.
tity surveys or inventories of material, equipment and 1,g TIME
labor. 1,g,1 -The Architect shall perform Basic and Additional
1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional
vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon
procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the
related equipment. Owner's approval, a schedule for the performance of the
1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as
spaces. the Project proceeds, and shall include allowances for peri-
1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review ynd approval
other documents when such revisions are inconsistent of submissions and for approvals of authorities having
with written approvals or instructions previously given, jurisdiction over the Project. This schedule, when approved
by the Owner, shall not, except for reasonable cause, be
are required by the enactment or revision of codes, laws exceeded by the Architect. '
III or regulations subsequent to the preparation of such doc-
uments or are due to other causes not solely within the ARTICLE 2
control of the Architect.
i 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES
data and providing other services in connection with
Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding
Basic Compensation resulting from the adjusted Con- requirements for tfi`e Project including a program, which
struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints
quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation-
required by causes not solely within the control of tfie ships, flexibility and expandability, special equipment and
Architect. systems and site requirements.
1.7.14 Making investigations, surveys, valuations, iven- 2.2 If the Owner provides a budget for the Project it
tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the
ices required in connection with construction performed Work during construction, and other costs which are the
by the Owner. responsibility of the Owner, including those described in
this Article 2 and in Subparagraph 3.1.2. The Owner shall,
1.7.1$ Providing consultation concerning replacement of at the request of the Architect, provide a statement of
any Work damaged by fire or other cause during con- funds available for the Project, and their source.
AIA DOCUMENT 8111 • OWNER~ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIA• • ®1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 7735 NEW YORK AVENUE, N.W., WASHINGTON, D. C. 70006 6141-1977 $
i
2.3 The Owner shall designate, when necessary, arep- signed, specified, selected or specially provided for by
resentative authorized to act in the Owner's behalf with the Architect.
respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen-
representalive shall examine the documents submitted by salion of the Architect and the Architect's consultants,
the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which
promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti-
the Architect's services. cle 2.
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State-
ing property; rights-of-way, restrictions, easements, en- menu of Probable Construction Cost and Detailed
croachmen[s, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the
contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a
data pertaining to existing buildings, other improvements design professional familiar with the construction indus-
and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect
ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate-
below grade, including inverts and depths. vials or equipment, over the Contractor's methods of de-
2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market
veers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect
necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or
borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget
and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any,
tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or
soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi-
ate professional recommendations. tect.
2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab-
chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing,
ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub-
2.7 The Owner shall furnish all legal, accounting and in- Paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such
fixed limit has been agreed upon in writing and signed by
i surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab-
time for the Project, including such auditing services as lished, the Architect shall be permitted to include con•
the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de-
[ions for Payment or to ascertain how or for what pur- [ermine what materials, equipment, component systems
poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con-
half of the Owner. tract Documents, to make reasonable adjustments in the
2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu-
quired by Paragraphs 2.4 through 2.7 inclusive shall be menu alternate bids to adjust the Construction Cost to the
furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the
be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring
thereof. after execution of the Contract for Construction. ,
2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com-
of any fault or defect in the Project or nonconformance menced within three months after the Architect submits
with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project ,
thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad-
2.10 The Owner shall furnish required information and lusted to reflect any change in the general level of prices
services and shall render approvals and decisions as ex- In the construction industry between the date of submis-
peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and
Architect's services and of the Work. the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction
ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
ceeded by the lowest bona fide bid ,or negotiated pro-
CONSTRUCTION COST posal, the Owner shall (1) give written approval of an
3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re-
negotiating of [he Project within a reasonable time, (3) if
3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with
estimated cost to the Owner of all elements of the Project paragraph 10.2, or (4) cooperate in revising the Project
designed or specified by the Architect. scope and quality as required to reduce the Construction
3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc-
market rates, including a reasonable allowance for over- [ion Cost has been established as a condition of this Agree-
head and profit, the cost of labor and materials furnished men[, the Architect, without additional charge, shall mod-
by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply
AIA DOCUMENT tt/7 •OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 19]7 •AIA• • p 1977
6 B141-1977 THE A6/ERIGN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa-
the limit Df the Architect's responsibility arising from the lion for any Basic Services required for such extended
establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract
Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi-
performed, in accordance with this Agreement, whether tional Services.
or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
ARTICLE 4 deleted or otherwise not constructed, compensation for
DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
4.1 Direct Personnel Expense is defined as the direct sal- With the scheuule set forth in Subparagraph 14.2.2, based
cries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or,
ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent
customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti-
as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project.
fits, insurance, sick leave, holidays, vacations, pensions 6,2 PAYMENTS ON ACCOUNT Of
and similar contributions and benefits. ADDITIONAL SERVICES
ARTICLE 5 6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred.
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD
tea's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's
Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages
paragraphs: or other sums withheld from payments to contractors, or
5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than
Project; living expenses in connection with out-of-town those for which the Architect is held legally liable.
travel; long distance communications, and fees paid for 6,4 PROTECT SUSPENSION OR TERMINATION
securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole
the Project. or in part for more than three months, the Architect shall
5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt
Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or
reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then
Architect's consultants. due and all Termination Expenses as defined in Paragraph
5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for
duction techniques when used in connection with Addi- more than three months, the Architect's compensation
tional Services. shall be equitably adjusted.
5.1.4 if authorized in advance by the Owner, expense of ,
overtime work requiring higher than regular rates. ARTICLE 7
5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS
quested by the Owner. ,
5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per-
limits, including professional liability insurance, requested taining to Additional Services and services performed on
by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall
Architect and the Architect's consultants. be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
ARTICLE 6 Owner's authorized representative at mutually convenient
times.
PAYMENTS TO THE ARCHITECT ARTICLE 8
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS
6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of.serv-
the minimum payment under this Agreement. ice are and shall remain the property of the Architect
6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed
made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in-
formed within each Phase of services, on the basis set chiding reproducible copies, of Drawings and Specifica-
forth in Article 14. lions for information and reference in connection with the
6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings
established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on
AIA DOCUMENT Bl~l •OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA~ • ®1977
THE AMERIGN INSTITUTE Of ARCHITECTS, 7735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 10006 6141-1977 7
other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly ac-
tion of this Project by others provided the Architect is no[ tribu[able to termination for which [he Architect is not
in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a
writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa-
ted. lion earned to the time of termination, as follows:
8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche-
requirements or for other purposes in connection with the matte Design Phase; or
Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design
of the Architect's rights. Development Phase; or
.3 5 percent if termination occurs during any subse-
ARTICLE 9 quent phase.
ARBITRATION ARTICLE 11
9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS
between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be
decided by arbitration in accordance with the Construe- governed by the law of the principal place of business of
lion Industry Arbitration Rules of the American Arbitra- the Architect.
lion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean-
ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions
toting to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date
joinder or in any other manner, any additional person not of this Agreement.
a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement: as to all
raining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement,
by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to
to be joined, Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to
ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele-
arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as
any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant
ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of
additional person or persons duly consented to by the issuance of the final Certificate for Payment.
parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights
under the prevailing arbitration law. against ,each other and against the contractors, consult-
9.2 Notice of the demand for arbitration shall be filed in ants, agents and eMployees of the other for damages cov-
writing with the other party to this Agreement and with ered by any property insurance during construction as set
the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con-
be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The
or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate
the demand for arbitration be made after the date when similar waivers from their contractors, consultants and
institution of legal or equitable proceedings based on a nt
uch I im i r ge s.
s c a , d s ute o other matter in uestion would be
P Q ,
barred by the applicable statute of limitations. ARTICLE 12
9.3 The award rendered b the arbitrators shall be final
y SUCCESSORS AND ASSIGNS
and judgment may be entered upon it in accordance with ,
applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
ARTICLE 10 to the partners, successors, assigns and legal representa-
TERMINATION OF AGREEMENT lives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement
upon seven days' written notice should the other parry without the written consent of the other.
fail substantially to perform in accordance with its terms
j through no fault of the party initiating the termination. ARTICLE 13
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to,the Architect EXTENT OF AGREEMENT
in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated
10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and
chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations oragree-
performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be
able Expenses then due and all Termination Expenses as amended only by written instrument signed by both
defined in Paragraph 10.4. Owner and Architect.
AIA DOCUMENT R111 •OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULV 1977 •AIA• • p 1977
6 6141-1977 THE AMERICAN INSTITUTE OF ARGHITERS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of NO dollars (S 00 )
shall be made upon execution of this Agreement and credited to the Owner's account as follows:
14.2 BASIC COMPENSATION
14.2.7 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
(Here insert hasis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa-
sion apply, it necessary.)
i
8% of the actual construction cost or final approved cost
estimate, whichever is less, with a "Not To Exceed" cost
of $39,000. This fee will include the necessary interior design
services.
a
ICI 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
(Include any additional Fhues at appropriate.)
Schematic Design Phase: Fifteen percent (15 °/n)
Design Development Phase: Thirty-five percent (35
Construction Documents Phase: Seventy-five percent (75
Bidding or Negotiation Phase: Eighty percent (80
Construction Phase: One hundred percent100
I
~ 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
AIA DOCUMENT 8111 •OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA~ • ®1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENVE, N.W., WASHINGTON, D.C. 20006 6141-1977 9
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in-
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
(Here insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identity Principals
and classity employees, if'required. Identily specific services to which particular methods of compensation apply, it necessary.)
1. Principal's time at the fixed rate of THIRTY-SEVEN DOLLARS
AND FIFTY CENTS ($37.50) per hour.
For the purpose of the agreement the principal is Gregory
Villanueva.
2. Employee's time (other than Principal) at a multiple of two
and one-half (2.5) times the employee' direct personnel expense
as defined in Article 4.
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-
tional Services, a multiple of NONE I 00 1 times the amounts billed
to the Architect for such services.
(Identily specific types of coniulnnls in Article r5, it required)
14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 asp Reim-
bursable Expenses, a multiple of NONE ( 00 ) times the amounts ex-
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of
business of the Architect.
(Mere insert any rate of interest agreed upon.) NONE
IVSUry laws and requirements under the Federal Truth in Lending AcL vmilar stale and local consumer credit laws and other regulations at the
Ownei s and Architect's principal Places of burirsen, the Iwa[ion o/ the Irolect arM elsewhere may akect the validity of This provision. Specilic legal
advice should be oblalned with respect to deletion, modification, w other requirements swh as written disclosures or waivers.l
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
14.7.+ IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within
( )months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
AIA DOCUMENT glal •OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIRS • ®1977
lO B141-1577 THE AMERICJW INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 10006
ARTICLE 15
OTHER CONDITIONS OR SERVICES
1.5.4 'This is mutually interpreted as no less than a weekly
job-site meeting.
1.7.10 It is mutually understood the Architect will provide
the necessary interior design services to achieve the
desired multicultural decor.
Article 9 Notwithstanding Article 9, no claim, dispute or other
matter shall be submitted to arbitration except with
the mutual written consent of the parties.
11.1 It is mutually agreed that place of venue for any
litigation by either party will be the County of San
Bernardino, and that the principal place of business
of the Architect is in California.
AIA DOCUMENT tl~l • OWNER~A RCHITE CT AGREEMENT • THIRTEENTH EDITION • IDEV 1977 • AIA~ • ®1977
EHE AMERICAN INSTITUTE OF ARC MITECTS, 1775 NEW YORK AVENUE, N.W., WASMINGTON~ D.C. 70 W6 8147-7977
i
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
Architects & Planners
CITY OF SAN BERNARDINO GREGORY VILLAN .VA A441)('7amFC
per ~ ie, jz~~~
AIA OOCUMENi R7~1 •OWNER-ARCHITECT ACREEMENi • THIRTEfN7H EDITION • IDLY 7977 • A7A~ • ®1977
~2 8147-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 7735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 70005