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RESOLTUION NO.
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1 A RESOLUTION OF THE MAYOR AND COMllON COUNCIL RELATING TO THE
SELECTION OF JIMllIE N. CARTEE TO PERFORM CERTAIN ARCHITECTURAL SERVICES IN
3 CO~~ECTION WITH THE MILL CENTER COMMUNITY SWIMllING POOL AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT FOR SAID SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMllON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION ONE: That the selection by the Oral Board of Jimmie No Carte
7 to perform the architectural services required to develop detailed plans and
8 specifications for construction of a swimming pool at Mill Community Center, is
9 hereby approved.
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SECTION TWO: That the Mayor of the City of San Bernardino is hereby
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authorized and directed to execute an agreement with Jimmie N. Cartee, relating
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to the performance of said architectural services in connection with the Mill
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Community Swimming Pool, a copy of which is attached hereto, marked Exhibit "A"
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and incorporated herein by reference as fully as though set forth at length
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herein.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of t~City of San B:r~ardino a~ a :.er//./dA/
meeting thereof, held on the rf, - day of/~",'!<?~"7LJv;' 1976, by
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the
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ABSENT:} ;~~
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City Clerk
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hereby approved this
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The
foregoing resolution is
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1976.
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day of
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pproved asito form:
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City Atto ney
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A STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ARCHITECT
On Basis of a Professional Fee Plus Expense
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Copyright 1958, @ 1961 by The American Institute of Architects, 1735 New York Ave., N.W., Washington 6, D. C.
THIS AGREEMENT made as of the nnnn24th m__ mn day of.
November
in the year Nineteen Hundred and _mS_",,_eIlJJ'__i3_i."_.n
.n by and between
_Ihe__C;LtS:__QL_San_ _B_erna.r.d.in9_. nSta_te_.Qi.._Calif.o=ia____
mnnmnn hereinafter called the Owner, and
Ji.1!!!!lijL_NLCax_tJ~g_..__ArJ;h.i_t:eJ;_t:_,.--CaUfQrj).-ia---LiJ;J;m.~sLN!!tnb_ex___C::_2.2_22_____
n_ mmnn hereinafter called the Architect,
WITNESSETH, that whereas the Owner intends to______Q~l1_s_t:r:ll'ctn at:_ecr:"'_a_t.i,~l1,a_L!'~_'?_L ________ _n
_"MiH___C_9_1!!!!lYD:i._t:)'___C_"nt:eX_~'_____ _______n____________ ___,___________,______,_______n__ -,-----------------------------
__..5.03___E_a_s_t:__CgRt:ra_:L,A'leD.ue
__E_aIl_Jl"'_J:"_Il"!t:~_i_Il~..__Ca]':i,f.'?EIl:i"
m_mnmnnu___n hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter set forth agree as
follows:
A The Architect agrees to perform professional services for the above Project as hereinafter set forth.
B The Owner agrees to pay the Architect as compensation for his services:
1) A Professional Fee noj's_~_J{__!''''J:c''Ilt:,_WU_f,'?Lt:!t_''n!,~,oln~",_~_:igIlaIl~n""iJ\_~t:_J),,,r:~,,,E:.t:__
__GI%LLQLlQ_J:kgx" _!!bg"eJ:,_x,QQ!Il->___l-<!!!lls_J:"IH;:__aJ)_d__d~,ck_,d_e.s_ign.__==_,_tg_~!!1_.J.",,__ not .t:P.....
exceed $12,800.00.
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If the scope of the Project is changed materially, the Professional Fee shall be changed in the same pro-
portion.
2) A sum equal to nmmt:I1,,_e_,,_mnmmm_____,_ ______'__m__u (
3
) times the Direct Personnel Expense
3) A sum equal to mnm_t:lu:e.e_m___mmm___. (
as defined hereinafter in Article IV, including principals' time at $_35_..00m___ . per hour.
) times the expenses of consultants for structural,
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mechanical and electrical engineering, and other specialized work and equipment.
4) Reimbursable Expense as hereinafter defined in Article IV to the amount expended.
Architect shall furnish twenty-five (25) sets of Contract documents,
drawings and specifications for bidding purposes and construction.
Client shall reimburse architect at cost for additional reproductions
ordered by Client.
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The parties hereto further aareeto the following
SERVICES OF THE AIlCHITIlCT
Schematic Design Phase
a) The Architect shall consuk with the Owner and, if
required, prepare analyses and planning surveys to ascer-
tain the requirements 01 the Project, and shall confirm such
requirements to the Owner.
b) He shall make measured drawings of existing work
or buildings as required for the development of drawings.
c) He shan prepare schematic design studies leading to a
recommended solution together with a general description
of the Project for approval. by the Owner.
d) He shall submit to the Owner a statement of the prob-
able project construction cost based on current area, volume
or other unit costs.
2 Design Development Phase
a) The Architect shall prepare from the approved schematic
desia;n studies, the design development documents consisting
of plans, elevations and other drawings, and outline speci-
fications, - to fix and illustrate the size and character of the
entire Project in its essentials as to kinds of materials, type
of struct\lre, mechanical and eloetrical systems and such
other work as may be required..
b) He shall submit to the OWMr a further st~ment of
the ,probable project constructiea cost ~d, if authorized
by the Owner, obtain a semi-detailed estimate of such cost.
3 Construction Documents Phase
a) The Architect shall prepare from the approved design
development documents, working drawings and specifica-
t~ons setting forth. in detail and prescribing the work to be
conditions:
done, and the materials, workmanship, finishes and equip~
ment required for the architectural, structural, mechanical,
electrical, service-connected equipment and site work, and
the necessary bidding information, General Conditions of
the Contract and Supplementary General Conditions of the
Contract, and shall assist in the drafting of proposal and
contract forms.
b) He shall keep the Owner informed of any adjustments
to previous statements of the probable project construction
cost indicated by changes in scope, requirements, or market
conditions.
c) The Architect shall be responsible for filing the required
documents to secure approval of governmental authorities
having jurisdiction over the design of the Project.
4 Construction Phase-General Administration of
Construction Contracts
a) The Architect shall assist the Owner in obtaining pro-
posals from Contractors and in awarding and preparing con-
struction contracts. To the extent provided by the contract
between the Owner and the Contractor, he shall make de-
cisions on all claims of the Owner and Contractor and on
all other matters relating to the execution and progress of
the work or the interpretation of the Contract Documents.
b) He shall check and approve samples, schedules, shop
drawings and other submissions only for conformance with
the design concept of the Project and for compliance with
the information given by the Contract Documents, prepare
change orders and assemble written guarantees required of
the Contractors.
c) The Architect will make periodic visits to the site to
familiarize himself generally with the progress and quality
of the work and to determine in general if the work is pro-
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ceedins in accordance with the Cmatract Documents. He.
will not be required to make exhaustive or continuous on-
. ja~ ~ ~ to check. the quality or quantity of the work
_ 100 will DOt be responsible for the Contractors' failure
10 carry out the collltnlction work in accordance with the
C8Id:rad Documents. During sud\ visits and on the basis
of IIis oboervalions while at the site, he win keep the Owner
iufonned of the P_ of the work, will ....vor to
suard lhe Owner against defecls IUId defic_ in lbe
work. of CORtractors, and. be m.ay CGDdemn work 81 failing
to conform to the CoIdract ~uments. Based on such
observatioDS and the Coatractor's Application for Payment,
he wiD determine the amount owing to the Contractor and
will issue Certificates for Payment in such amounts. These
Certificates wilt constitute a representation to the Owner.
based on such observations and the data comprising the
Application for Payment, that the work has progressed to
the point indicated. By issuing a Certificate for Payment,
the Architect will also represent to the Owner that, to the
best of his knowledge, infornuWon and belief based on
what his observations- have revealed, the quality of the work
is in accordance with the Contract Documents. He will
conduct inspections to determine the dates of substantial
and final completion and issue a final Certificate for
Payment.
d) If more extensive represeBtation at the site is required,
the conditions under which such representation shall be
furnished and a Project ~tative selected, employed
and directed, shall be ~ to by the Owner IUId the
Architect _and set forth In an exhibit to this Agreement.
II THE OWNER'S RESPONSIBILmES
The Owner shall provide full information as to his require-
ments for the Project. .
2 He shall designate, when necessary, representatives author-
ized to act in his behalf. He shall examine documents
submitted by the Architect- and render decisions pertaini:Ag:
thereto promptly, to avoid unreasonable delay in the prog-
ress of the Architect's work. He shall observe the pro-
cedure of issuing orders to contractors only through the
Architect.
3 He shall furnish, or direct the Architect to obtain at the
Owner's expense, a certified survey of the site, giving, as
required, grades. and .lines of streets, _ alleys, : pavements, and
adjoining property; rigbts of way, restrictions. easements,
encroachments, zoning. deed restrictions. boundaries, and
contours of the building site; locations. dimensions, and
complete data pertaining to existing buildings, other im-
provements and trees; full information as to available serv-
ice and utility lines, both public and private; and test bor-
ings and pits necessary for determining subsoil conditions.
4 He shall pay for structural, chemical. mechanical, soil
mechanics or other tests and reports if required.
5 He shall arrange and pay for such legal and auditing serv-
ices as may be required for the Project.
6 If the Owner observes or otherwise becomes aware of any
defect in the. Project, he shan give prompt written notice
thereof to the Architect.
UI PROJECT CONSTRUCTION COST
Project construction cost as herein referred to means the
total cost of all work designed or specified by the Architect,
but does not include any payments made to the Architect
or consultants.
2 Project construction cost shall be based upon one of the
following sources with precedence in the order listed:
a) Lowest acceptable bona fide Contractor's proposal re-
ceived for any or all portions of the Project.
b) Estimate of project construction cost as defined in
paragraph 4 below.
c) The Architect's latest statement of probable project
construction cost based on current area, volume or other
unit costs.
3 When labor or material is furnished by the Owner, the
project construction cost shall include such labor and
material at current market cost.
4 If a fixed limit of project construction cost is stated. herein,
or if otherwise authorized by the Owner, estimates of the
project construction. cost prepared in semi-detailed or de-
tailed form by an experienced estimator will be secured by
the Architect during the Design Development and Con-
struction Documents Phase.
5 If the estimated project construction cost or the lowest
bona fide proposal is in excess of any limit stated herein,
the Owner shall give written approval of an increase in the
limit, or he shall cooperate in revising the project scope
or quality. or both, to reduce the cost as required.
6 Since the Architect has no control over the cost of labor
and materials, or competitive bidding, he does not guarantee
the accuracy of any statements or estimates of probable
construction cost.
IV THE ARCHITECf'S EXPENSE
Direct Personnel Expense includes that of principals and
employees engaged on the Project including architects, engi-
neers, designers. jOb captains, .<fraftsmen, specification
writers, typists and project representatives, in consultation,
research. designing, producing drawings, specificatjons and
other documents pertaining to the Project, and services dur-
ing construction at the Project site. Employees' time shall
be at their regular rates of pay.
2 Expense of consultants shall include expenses and fees
for structural. mechanical and electrical engineering and
for other specialized work and equipment.
3 Reimbursable Expense includes actual expenditures made
by the Architect in the interest of the Project for the
following incidental expenses:
a) Expense of transportation and living of principals and
employees when traveling in connection with the Project;
long distance calls and telegrams; reproduction of drawings
and specifications, excluding duplicate sets, al. each phase
for the Owner's review and approval; and fees paid for
securing approval of authorities having jurisdiction over
the Project.
b) If authorized in advance by the Owner. overtime work
requiring higher than regular rates, semi-detailed or detailed
estimates of project construction cost, perspectives or models
and other incidental expenditures.
V PAYMENTS TO THE ARCHITECf
Payments on account of the Architect's Professional Fee
shall be as follows:
a) A primary payment of 10 per cent of the Professional
Fee, payable upon the execution of the Agreement, is the
minimum payment under this Agreement.
b) Subsequent payments of the ProfeSsional Fee shall be
made monthly in proportion to services performed to in-
crease the total payments on account of the Professional
Fee to the following percentages at the completion of
each phase:
1 Schematic Design Phase________________ 15%
2 Design Development Phase_____________ 35%
3 Construction Documents Phase__________ 75%
4 Receipt of Bids_______________________ 80%
5 Construction Phase________________u__lOO%
2 Payments for Direct Personnel Expense, Consultants and
Reimbursable Expense shall be made monthly upon pre-
sentation of Architect's detailed invoice.
3 No deduction shall be made from the Architect's compen-
sation on account of penalty, liquidated damages, or other
sums withheld from payments to contractors.
4 If any work designed or specified by the Architect during
any phase of service is abandoned or suspended in whole or
in part, the Architect is to be paid for the service performed
on account of it prior to receipt of written notice from the
Owner of such abandonment or suepension, together with
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reimbursements then due and any terminal expense resulting
from abandonment or suspension for more than three
months.
VI ACCOUNTING RECORDS OF THE ARCHITECT
Records of the Architect's Direct Personnel, Consultant,
and Reimbursable Expense pertaining to this Project and
records of accounts between the Owner and Contractor
shall be kept on a generally recognized accounting basis
and shall be available to the Owner or his authorized rep-
resentative at mutually convenient times.
VII TERMINATION OF AGREEMENT
they are made be executed or not. They are not to be used
on other projects except by agreement in writing.
IX SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his part-
ners, successors, assigns and legal representatives to the
other party to this Agreement and to the partners, succes-
sors, assigns and legal representatives of such other party
in respect of all covenants of this Agreement. Neither the
Owner nor the Architect shall assign, sublet or transfer his
interest in this Agreement without the written consent of
the other.
This Agreement may be terminated by either party upon X ARBITRATION
seven days'written notice should the other party fail sub.
stantially to peifoirii -in accOrdance with its terms through
no fault of the other. In the event of termination due to Arbitration of all questions in dispute under this Agreement
the fault of, o~ers thap. ,_the Architect, the Architect shall shall be at the choice of either party and shall be in ac-
be paid for servIces performed to termination date, inc1ud- cordance with the provisions, then obtaining, of the Stand-
ing reimbursements then due, plus terminal expense. ard Form of Arbitration Procedure of The American
Institute of Architects. This Agreement shall be specifically
VIII OWNERSHIP OF DOCUMENTS enforceable under the prevailing arbitration law and judg-
ment upon the award rendered may be entered in the court
of the forum, state or federal, having jurisdiction. The
Drawings and specifications as instruments of service are decision of the arbitrators shall be a condition precedent
the property of the Architect whether the Project for which to the right of any legal action.
XI. COMPLIANCE WITH FEDERAL RE UlREMENT: Architect shall be responsible for compliance with
a e era aws, ru es,regu a ons and requirements insofar as they apply to this project
regarding preparation of plans and inspection of the construction Phas~ II. Compliance is
specifically required to the following listed federal requirements: 1) Davis Bacon Act:
Architect must familiarize himself with prevailing wage scales for all arcn~recrs, recnni-
cal engineers, draftsmen and technicians who are employed by Architect or subcontractor to
assure that prevailing wages and working conditions are observed; 2) Equal opportunity
employment requirements: Architect shall familiarize himself with the requiremeurs of
equal opportunity legislation, rules. executive orders and regulations to assure that he
will maintain an equal opporrunity ror employment and shall not discriminate against any
person or group of persons on account of race, color, national origin, or sex;
3) Architectural Barriers Act of 1968: Architect shall familiarize himself with the
requirements for design and construction favorable to the handicapped, particularly the
American Standard specification for making buildings and facilities accessible and use-
able by the Physically Handicapped. No. A-117.lR-197l (as modified); 4) Clean Air Act
and Federal Water Pollution Control Act: Architect shall familiarize himself with the
requirements of these two acts to assure a design which is compatible.
No limitation to these acts or other similar federal regulations, acts, or rules is
intended by this enumeration.
IN WITNESS WHEREOF the p:~?ereto have made and executed this Agreement, the ~a__,~
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