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HomeMy WebLinkAbout8475 9 lOl 11 121 131 14' l5 16 17 18 19 20 j 2~ 22 23 24 25 26 1 2 RESOLUTION NO. y/ 1.6~ 3 . . A RESOLUTION OF THE HAJOB. AND' (l1lQlCN COUNCIL OF THE CITY OF SAN ~. ~"T~~'m'.q$lU',E'IC)l(... PI' ..4II."/D"i1l~"'1r ..1QI'ftIEEN SAlI)CITY" 'l'flI" .1l1\O'~ot_ruaceulJl.I(lJ4"YQD WILLl4K Cl. a1'Jllll..AD..ASS ..14_ rqR.. ~~l;"~JlOLSRVxgs PL&T- DIG. TQ .~ CQJS'fJttJC',rIo~.C)f'nJlt~J.l".U.~.A',t'1U .. CO"'" OF' ST~A WAY-AND !fQSI1AL1. BCHJLIV'AQ.SAN" ~DIO~ CALI- FORNIA. .. 4 5 6 7 8 BE IT USOLVBD BY THE MAYOR AND C<HroN COUNCIL OF THE CITY OF SAN BDNA1tJ>DO.AS P'OLt..OW$: -- SECTION ONE: That the City of San Bernardino execute an Agreement between said City, the Board of Trustees of The Free Public Library and William G. Dryden and Associates for architec- tural services relating to the construction of the Branch Library Building at the corner of Sierra Way and Marshall Boulevard, San Bernardino, California. SECTION TWO: That the said Agreement, referred to herein, a copy of which is attached hereto marked Exhibit "A" and referred . \ . \'. '> to and made a part hereof as' fully as though set out at length " '. herein, is hereby approved. .!~ ! SECTION THREE: ..... . That, the Mayor of the City of San Bernar- o ....., .: .' 11>' ..... '-'-.:)" ..../ ,..-:~. dino is hereby authorized and directed to execute said Agreement on behalf of said City. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and CODIIlon Council of the City of San Bernar- dino at ~4.~/L---'/" h.-~4"~o!'4vJmeeting thereof held on the Ci3..;Zd..daY of "~J (/.,. 1966 by the to wit: AYES: Coun Umen NOES: tIIllIIUo ILl 32 / ABSENT . ~I.~~&- foregoing resolution is hereby approved this ;(~ day 1966. (;~ ~8~ Mayor 0 the C1ty 0 an ..' rd1no 1 2 THIS MJ--llIft is made this day of 3 19 . by an' bet..,... the City of San lemt.1'd:Lao, . amicipal 4, corpor.tion, the Ioard of TrutH8 of the 'ree """lie Library,both 5 here1Dafter caUed "Client," aDd WUl1ca G. 1r)Id- and .A"Gelates, 6 here1Dafter called "Architect." 7 i I ! 11 ! 1 ! I I !: 81 ~.', the Client intenda to eoutruct . ),ranch 11),r.ry 91 bu:lld1n&.t the north9.st comaI' of lierr. Way and Huaball Ieu!e- 10 II vard, San lem.ud:Lao, Cal1fomta, her4llDafter called the "Project." I. 1111 -. DIIa'IU, the C1.1Clt .d Architect qree.. fol1aQ: l2 II I. The caU.fonda 'oa of Aan--ot let.fl,aen Client anct 13! Architect preplt.2.'e4 by the Cal1fomia Council, the AMrican tnati- I l4: tute of Architecta, for ue wben . pareentap of the cost of the Ii l51i work fol'lll8 the hula for 'a:yID8llt, C.CoA.toA. Ioc. .0. 103-63 with l61i inter11Deati0D8, 18 mar1I:ed 1Kh1),1t "1", .tt.... hereto an4 in- II 171 corporate' herein .. fully.. thoqh set forth at 1enath, aDd 18 i sball comprlae the .Ap'eT"-''I1t betwIND the ,artl8s hereto wtth the ! 19! edditlou an4 moc1Uicat:lou conta1ned herein. i 20 i II. WoJ:'ld.n& drawinp and .pec1f1caticma prepared by the i 2l I Architect sball eoafom to the mj,,:f~ _.4,;-.nta of the latest . I ......- 22 ecllti.on of the "VDifom Iulld1n& Code" (lt64 IIUt1oa), published 23 i by the Intematioaal Conference of luild:tns Officlals .. said 24 Code he8 been adoptecl and ....'" by C11ent, anc1 the Architect 25 sball secure the .,proval of the lepartaumt of Iu1ldina end 26 I Safety of City of said work:tns drat.... and the approval of the 27 City Bnsiueer of said spec:lf:lcatiou. 28' III. The follow:tna is addecl to paraar.,h 04: Said 29 visits by Architect sball be made not l..s then twice . week and 30 each visit aball not be 1es. than one hour. 31 IV. further details and information concern:tna the project 32 .re on file in the office of the City Librarian, 401 Ho. Arrowhead t~__ ~ :;-..,_~~\ . / ./ / 1. ... UI." "liT rl.... Cali....ta. D.n: . ."--0. tile CUttat ... .,"~U..t ..... .1 . .... dlh .. 111 T "t .. .., .. ,.... fiat Il.ft wltua. 2 3 II 411 511 u~. 61 , 71 1 81 I 1 9: 1011 I 111 1) 131 ~J."Uil' _ to .... dWI 141, ., .. ::1 l'~n 1711 l8 I 191 , 20 i I 211 22 23 24 25 26 27 28 29 30 31 32 GIf. .. It, IJ/~~ z4~d/ 11...' . ~t;? - ..a.. ,,'."^- i ----. "-' C.C.A.I.A. Do.:;. No. los:aS @ 1 96S. by thc California Council, The American Institute of Architectl v THE CALIFORNIA FORM OF AGREEMENT BETWEEN CLIENT AND ARCHITECT Prepared by the California Council. The American l1'l8titute of A rchitect., for use when a percentage of the cost of the work fOT1n$ the basis for payment. THIS AGREEMENT, made on the Hundren na:; of in the year .Ninet~ C1ty of ~an tlernard1no, a mun1c1paL RY AND BETWEEN Corporation. and its Free Public . L1brary tlOard, William G. Dryden and Associates hereinafter called the CLIENT, ann hereinafter called the ARCHITECT. Whereas the Client intends to: WITNESSETH: construct a branch library building at the northeast .comer of Sierra Way and Marshall Boulevard, San Bernardino, Calif. ,~.; hereinafter called the Project. NOW, THEREFORE, the Client and Architect agree as follows: I. BASIC SERVICES OF THE ARCHITECT A. Schematic Design Phase 1. The Architect shall consult with the Client to ascertain the requirements of the Client and assist in the development of the program for the Project. i. The Architect shall prepare schematic design studies or site utilization plans leading to a recommended solution for approval by the Client. 8. The Architect shall confer with the Client in the preparation of a preliminary estimate of Project construc- tion cost. B. Design Development Phase 1. The Architect shall prepare from the approved schematic design studies the design development docu- ments consisting of site and floor plans, elevations and other approved drawings, and outline specifications to fix and illustrate the size and chaxacter of the Project in its essentials as to kinds of materials, type of strncture, mechanical and electrical systems. . i. The Architect shall inform the Client of any indicated changes in the estimated Project construction cost. 8. The Architect shall assist the Client in applying for and obtaining required approvals of plans, specifica- tions, and contract docnments from public agencies having jurisdiction over the Project. .. C. C01'l8truction Document. Phase ,''''~.. 1. The Architect shall prepare from the approved design development documents, working drawings and specifications setting forth in detail and prescribing the work to be done, and the materials, workmanship; finishes, and equipment reqnired for the architectural, structural, mechanical and electrical work, service- connected equipment, and site work. The Architect shall also furnish necessary bidding infonnation, and shall provide for review by the Client's legal advisor forms of general conditions, proposals and contracts. i. The Architect shall inform the Client whether or not there is any indicated adjustment in previous esti- mates of the Project cost arising from changes in scope, or requirements, or construction costs. D. Construction Phase 1. The Architect shall furnish the Client with 12 copies of the construction documents. Extra copies of construction documents shall be furnished at cost. The Architect shall assist the Client in obtaining pro- posals from contractors and in awarding the construction contract. i. The Architect shall provide technical direction to an approved project inspector employed by and respon- sible to the Client if such employment is authorized by the Client. 1 ~ , I , I 7-:"---'-~"_'--'-~'_"'- -.. ... --~}J. 11.4-11 \1 I; 1/ I I I ,,/ .,""" ...../ S. The Architect will endeavor to secure compliance by contractors with the contract requirements, but he is not responsible for the performance of contractors or for their errors or omissions. . / 4.. The Architect shall: make such periodic visits to the work as he deems necessary; such visits are to be dis- tinguished from the continuous personal inspection by a project inspector or superintendence of the work by the general contractor; keep the Client informed of the progress of construction; check and approve schedules and shop drawings for compliance with design; review requested substitution of materials and equipment, review laboratory reports; prepare change orders for written approval of the Client; examine contractors' applications for payment; issue certificates for payment in amounts approved by the Archi- tect; determine date of substantial completion; make final inspection of the Project; assemble written guarantees required of the contractors; and issue the Architect's certificate of completion and final certificate for payment. II. EMPLOYEES AND CONSULTANTS The Architect, as part of the basic professional services, may employ in his sole discretion and at his expense technicians and professionals properly skilled in the various aspects of the design and construction of facilities required. III. EXTRA SERVICES OF THE ARCHITECT The following extra services shall be paid by the Client as provided in Article VII:.., . .. ,,~ A. Revisions and changes in approved drawings and the preparation of alternate and/or deductive change orders. requested by the Client. B. Plan preparation and/or administration of that portion of a project let on a segregated bid has1s. C. Services with respect to replacement of any work damaged during construction. D. The selection by the Architect at the Client's request of movable furniture, equipment or articles which are not included in the construction contract. E. Services required as a result of the default or insolvency of the Contractor. F. The preparation of as-built drawings or of measured drawings of existing structures as authorized by the Client. G. If directed by the Client, the employment of special consultants, the preparation of special delineations and. models. H. Overtime work by Architect's employees when the Client accelerates the schedule of work:- IV. THE CLIENT'S REsPoNSmILITIES A.. The Client shall provide full information as to the requirements of the Project. B. The Client shall furnish, at his expense, a certified survey of the site prepared by a licensed land surveyor or civil engineer, including grades and lines of streets, pavements, and adjoining properties; rights of way, ease- ments, encroachments, zoning and other restrictions, boundaries and contours of the building site; locations, dimensions, Hoor elevations, and other pertinent data of existing buildings, other improvements and trees; and full information as to available service and utility lines, both public and private. C, The Client shall pay for chemical, mechanical or other tests, for soil tests and borings, and for inspection ser- vices. D. The Client shall furnish legal services in connection with the Project. E. The Client shall review documents submitted by the Architect and shall promptly render decisions pertain- ing thereto. The Client shall observe the procedure of issuing orders to contractors only through the Architect. F, During the contractor's guarantee period, the Client shall notify the Architect in writing of apparent deficien- cies in materials or workmanship. V. PROJECT CONSTRUCTION COST A. Project construction cost as used in this Agreement means the total cost to the Client of all work designed or specified by the Architect, including work covered by change orders and/or alternates, but excluding the fol- lowing: cost of the site, any payments to Architect or consultants, or costs of inspections, surveys, tests, and landscaping not included in the Project. B. When labor or material is furnished by the Client below its market cost, the Project construction cost shall be based upon current market cost of labor and new material. C. The Project construction cost shall be the last revised estimate of construction cost to the Client as submitted by the Architeet, until such time as bids have been received, whereupon it shall be the lowest valid or accepted bid plus any additive alternates and change orders. VI. ESTIMATES OF PROJECT CONSTnUCTION COST A. The size of the Project and the type and quality of construction are dependent upon the funds available for the Project. The Architect will exercise his best judgment in determining the balance between the size of the Project, the type of construction, and the quality of construction to achieve a satisfactory solution. B. Estimates will be prepared based on prevailing construction costs including all work for which bids will be received. The estimates of probable construction costs prepared by the Architect are based on his knowledge and experience and are subject to variable costs of labor and materials and bids submitted by others. The Architect does not represent or agree that he will design the Project or tt'lX'portion there.Qf within any maxi- mum cost., except as provided fOf in paragraph XVII hereot. .VII. . VIII. ARCHITECT'S COMPENSATION . A. The Architect 'agrees to Corm professional services provided by thineement and.the Client agrees to pay . the Architect for such services compensation in the amount of 8% ;r the prOl ec t COB t and other payments and reimbursements as hereinafter provided, and the said compensation applies to work let under single construction contract. B. The Client further agrees to pay the Architect compensation for additional services due to unusual circum- stances provided by Article III as follows: 1. N / A % of the cost of that portion of the Project let separately on a segregated bid basis. i. 4 % of the cost of furnishings, equipment or other articles incorporated in the construc- tion documents by the Architect and not incl uded in the construction contract. S. 2 .5 times the direct personal expense (time of principals, consultants and personnel di- rectly engaged in performing services) incurred by the Architect in rendering other extra services. 4. If authorized by 'the Client, fees of special consultants other than normal structural, mechanical and elec- trical engineering services furnished by the Architect. . 5. 7 1/2% of l,andscape XXK}(YKKli:KMlUr KKK costs. C. Reimbursement at cost shall be paid to the Architect for: 1. Reproduction of drawings and specifications in excess of the copies provided by this Agreement. i. Any fees advanced for securing approval of authorities having jurisdiction over the Project. S. Expense of transportation and subsistence of principals and employees when traveling in connection with the Project. PAYMENTS TO THE AnCHITECT A. Payments on account of the agreed compensation in Article VII shall be madp monthly upon receipt of the Architect's invoice based on the amount of work completed but not to exceed the following schedule: 1. Schematic Design Phase-15% of total compensation based upon the estimated Project construction cost. i. Design Development Phase-increase to 85% of total compensation, based upon the estimated Project construction cost. S. Construction Document Phase- a. Construction Documents 50% complete-increase to 50% of total compensation based upon the esti- mated Proiect construction cost. b. Construction Documents 100% complete-increase to 80% of the total compensation based upon the estimated Project construction cost. 4. Construction Phase- a. Subsequent payments shall be made periodically in proportion to the amount of work certified complete. b. Construction complete and accepted by Client-increase to 100% of the total compensation, based upon the Project construction cost as defined in Article VC. B. Payments in event of the following circumstances shall be: 1. Deferred Bids- If Lids are received within one year from date of the completion of the construction documents, the com- pensation shall be adjusted to conform to the lowest bona fide bid. If bids are received alter one year from , date of completion of the construction documents, the compensation as provided in paragraph A.s.b. of this article shall not be subject to adiustment and the payment during the Construction Phase shall be the .remaining percentage of the compensation based upon the Project construction cost as provided in Article V.C. i. Deferred Construction- If upon reproduction of construction documents and receipt of bids, all or a portion of the Project is de- ferred for more than 45 days alter receipt of bids-increase to 80% of the total compensation based upon the lowest bona fide bid. S. Delayed Completion or Liquidated Damages- The Architect's compensation shall be paid at the time and in the amounts noted notwithstanding a delay in completion of the Project or the reduction in the final construction cost by reason of penalties, liqui- dated damages or other amounts withheld from the construction contractor. 4. Abandonment or Suspension- If any work designed or specified by the Architect during any phase of service is abandoned or suspended in whole or in part for 90 days or more, 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 suspension, together with re- imbursements then due and any terminal expense resulting from abandonment or suspension. C. Payments for extra services provided under Article III shall be upon the basis of one of the following: / 1. Percentage of the Cost: In the same manner provided by this Agreement for work let under a single con- struction contract. 2. Direct E:r:pense: Monthly-as services are rendered and expenses incurred. S --_._-~_._--'-~ "..~,.._._-'.. -'-'-~-~~~-~----~--'""~~.''--:_'-'._-------'-'''-'-'~-- , . -.... "'''' IN WITNESS WHEREOF, the CLIENT and the ARCHITECT have executed this Agreement the day and year first above written. City of n Berna no Wi1lia Dryde a s ciates- By C ayor Truslf!!~f' Frn ~iC Li rary By ?7/Lv. 7U1.LJ(t<ff'/ res1dertt CLIENT Atte~~~ n~ 6i;;;~, > ). XIII. XIV. I XV. I . ! XVI. XVII. XII. ......, D. Rem;,bursement for fees and other expenses shall be made to the Architect as incurred. IX. TERMINATION OF AGREEMENT . _ /- A. This Agreement may be terminated by either party upon written notice to the other party in the event of a substantial failure of performance by such other party; or if the Client should abandon or indefinitely post- pone the Project. B. In the event of such termination, the Client sh all pay to the Architect - as full payment for all services per- formed and all expense incurred under this Agreement an amount the sum total of which bears the same ratio to the total fee otherwise payable under this Agreement as the services actually rendered hereunder by the Architect bear to the total services necessary for the full performance of this Agreement, plus any sums due the Architect for extra services described under Article VII.B. and C. herein. In ascertaining the services actu- ally rendered hereunder up to the date of termination of this Agreement, consideration shall be given to both completed work and work in process of completion and to complete and incomplete drawings and other docu- ments whether delivered to the Client or in the possession of the Architect. Notwithstanding any termination of this Agreement or notice thereof, all questions in dispute shall be submitted to arbitration as provided in Article XIV. X. TIME SCHEDULE Upon request, the Architect will prepare for the Client an estimated time schedule necessary t~ complete the con- struction documents, barring delays caused by conditions beyond the control of the Architect. ACCOUNTING RECORDS OF THE ARCHITECT Records of the Architect's Direct Personnel and Reimbursable Expense pertaining to the extra s~rvices on this Project shalt be kept on n genernlty recognized accounting basis and shalt be available to the Client or bis author- ized representative at mutually convenient times. INSURANCE To BE CARRIED By ARCHITECT The Architect shall carry insurance to protect himself from claims under Workmen's Compensation Acts. O\VNERSHIP OF DOCUMENTS Drawings and specifications and other construction documents as instruments of service are the property-of the - - Architect whether the Project for which they are made be executed or not. None of them is to be used on other projects except by written agreement of the Architect. ARBITRATION AIl questions in dispute under this Agreement shall be submitted to arbitration in accordance with the provisions, then obtaining, of the Standard Form of Arbitrntion Procedure of the American Institute of Architects. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement shall be binding upon the Client and its successors and upon the Architect, his partners, successors, executors and administrators. Neither party shall assign nor transfer his interest iu this Agreement or any part thereof without the written consent of the other party. SCOPE OF AGREEMENT This is the entire agreement between the parties and there are no agreements or representation between the parties except as expressed herein. ADDITIONAL PROVISIONS The following provisions are included in this Agreement: XI. "---';.'. Architect agrees to revise contract documents as necessary to achieve a contract cost within 10% of project budget. The Client and Architect hereby agree to the full performance of the covenants contained herein. By' ARCHITECT ,