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RESOLUTION NO. /JIl.g?,
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH KEITH R. ~LURE RELATING TO
ARCHITECTURAL SERVICES FOR THE FIRE STATIONC~EMPLATED AT THIRD
STREET AND ALLEN STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
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an Agreement with Keith R. McClure relating to architectural
services for the fire station contemplated at Third Street and
Allen street, a copy of which is attached hereto, marked Exhibit
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"Aft and incorporated herein by reference as fully as though
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set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a A'rt"d4J
on the /9 Ji day of /d.~
meeting thereof, held
, 1977, by the following
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17 vote, to wit:
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NAYS:
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ABSENT:
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],ifhe foregoing
of AJ.:i--.:~ ~ ,
resolution
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1977 .
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San Bernar ino
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FILED
DEe 2319n
.IJCI~~ GpFORTH, City Clerk
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CJ.ty torney.
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AGREEMENT
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(Architectural)
THIS AGla!:EMENT is made and entered into this ~/4 day of
~~~ , 1977, by and between the CITY OF SAN BERNARDINO,
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a municipal corporation, hereinafter referred to as "City", and
KEITH R. McCLURE, an individual, hereinafter referred to as
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"Archi tect" .
WIT N E SSE T H:
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WHEREAS, City contemplates the construction of a fire
station located at Third Street and Allen Street in the City of
San Bernardino; and
WHEREAS, schematic plans and estimates have been prepared
by Architect and City has previously compensated Architect for
said preparation; and
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WHEREAS, City desires to employ the services of said
Architect for finalization of planning studies, preliminary plans
and preliminary costs estimates for said fire station; and
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WHEREAS, after the completion of said planning studies,
preliminary plans and preliminary cost estimates, City may desire
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to employ said Architect to prepare working drawings and
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specifications for constructing said fire station,
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NOW, THEREFORE, for and in consideration of the performance
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of the mutual covenants and promises herein contained, at the time
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and in the manner specified herein, the parties hereto agree as
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follows:
1. General. City engages Architect to furnish the service
27 hereinafter mentioned, at and for the compensation herein stipu-
28 lated, and Architect accepts said engagement upon said terms.
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2. Definition. For the purposes of this agreement, the
2 following definitions are accepted and approved by the parties
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3 hereto:
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a. "Preliminary Plans". Drawings or prints thereof, pre-
5 pared by the Architect for approval by the City Council prior to
6 preparation of working drawings and specifications and consisting
7 of floor plans and elevations, perspective drawings in color and
8 other drawings necessary to illustrate the work to be done in the
9 preparation of working drawings.
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b. "Working Drawings and Specifications". Working draw-
11 ings and specifications shall consist of the complete and accurate
12 set of architectural, structural, engineering, mechanical,
13 electrical and plumbing drawings fully dimensioned and noted,
14 which clearly indicate all parts of the work and detailed
15 specifications required to complete the entire improvements, com-
16 plete with all services and appurtenant improvements, including,
17 but not Decessarily limited to, the general plot plan, utility
18 plan, grading plan, automobile parking plan, exterior lighting,
19 concrete work, carpentry, plastering, heating, ventilating,
20 electrical, plumbing, painting, roofing, tile work, hardware,
21 landscaping, and sprinkler systems.
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3. Duties of Architect. The Architect shall:
a. Attend necessary conferences with the City Administrato ,
24 City Engineer, and City Fire Chief to accomplish the planning and
25 preliminary studies of the project.
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b. Complete preliminary plans and preliminary cost
27 estimates and present the same to the City Council for approval.
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c. After approval of preliminary plans and preliminary
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estimates, prepare detailed working drawings and specifications,
if ordered to do so by City Council, necessary for the award of
a contract for the construction of said fire station. Working
drawings and specifications shall conform to the minimum require-
llIents of the latest edition of the "Uniform Building Code" (1976:
Edition), published by the International Conference of Building
Officials as said Code has been adopted and amended by City, and
the Architect shall secure the approval of the Building Officer
of City of said working drawings and the approval of the City
Engineer of said specifications.
d. Furnish and deliver to city structural engineering
drawings and computations on structural engineering.
e. Furnish and deliver to City detailed specifications of
all construction itemized in paragraph 2 b. Architect shall
furnish one copy of said detailed specifications from which City
will cut stencils for reproduction. Architect also shall prepare
the forms of agreement, performance bond, labor and material bond,
proposal and general conditions in form acceptable to the City
Council.
f. Furnish and deliver to City cost estimates based upon
the completed plans and specifications and broken down under the
items of construction itemized in paragraph 2 b.
g. Review and approve shop drawings.
h. Furnish consultation and advice during construction.
i. Furnish occasional field visits during construction for
consultation to insure compliance with terms of the construction
contract, said field visits to consist of not less than two (2)
visits per week, each not less than one (1) hour.
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1 j. Furnish necessary certificate to the City (Engineer,
2 Director of Public Works, etc.) authorizing progress and final
3 payments.
4 4. Data and Services to be Provided by City. The follow-
S ing data and services will be furnished without cost to Architect
6 by the City:
7 a. All necessary field survey notes for design purposes,
8 Boundary Survey and Topographic survey.
9 b. All Soils Tests Report and Geological survey and Report
10 c. Drainage design and drawings and off-site improvement
11 design and drawings.
12 d. Records and maps available in City's files or any other
13 such information to aid Architect in his studies for successful
14 planning and designing of the project.
IS e. Sample forms of agreement, performance bond, labor and
16 material bond, proposal, and general condit~ons, all of which
17 shall be revised as necessary by the Architect and incorporated
18 in the specifications.
19 5. Payments by City. City shall pay Architect for all
20 services to be rendered under the provisions of this contract a
21 total amount equal to eight percent (8%) of the total final cost
22 of the improvements for which drawings and specifications have
23 been prepared hereunder.less the amount previously paid deducted
24 pursuant to subparagraph d. hereinafter set forth. The total
2S final cost of improvements shall include the debits and credits.
26 of any Change Orders issued and approved by City during construc-
27 tion. Architect agrees to accept the foregoing as full compen-
28 sat ion for all services due under this contract. Successive
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payments shall be paid to Architect in the manner and at the
times hereinafter set forth:
a. Payments for services shall be made monthly in
proportion to services performed for each Phase.
b. Preliminary Plans Phase. Upon receipt of the services
under paragraphs 3 a and 3 b, the City may, at its option, abandon
the project and may terminate this agreement by paying the
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Architect said 2.8% of the preliminary estimate'" $33,600.00,
whichever is the lesser and be relieved of any further liability
hereunder.
c. Working Drawings and Specification Phase. Upon
completion of the services under paragraphs 3 c, 3 d, 3 e and 3 f
and approval thereof by the City (Engineer, Director of Public
Works,etc.l,a total sum, including 5 b, equal to 6.4% of the
preliminary estimate, which sum shall be adjusted to equal 6.4%
of the bid of the successful bidder if a cQntract, or contracts,
is awarded by the City Council. If 6.4% of the preliminary
estimate is greater than 6.4% of the construction contract amount,
Architect, within ten daY$ from the award of the contract, shall
reimburse City in the amount of such excess payment, and, con-
versely, in the event that 6.4% of the preliminary estimate is
less than 6.4% of the construction contract amount, City, within
ten days from the award of contract, shall pay Architect such
additional sum.
d. A sum of $2,337.30 shall be deducted as an amount
previously paid from the payment due under paragraph 5 c.
e.. Contract Administration Phase. Upon completion of the
services under paragraphs 3 g, 3 h, .3 i and 3 j, the balance of
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1 the total fee of 8% (1.6%) shall be paid after acceptance by the
2 City of all work to be performed pursuant to this agreement, and
3 completion and acceptance by the City of the Construction Contract
4 for the fire station and appurtenances.
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6. Revisions.
a. In the event that the low bid on the project exceeds
7 by ten percent (10%) the preliminary estimate, Architect will
8 perform the necessary additional services, including redesigning
9 the entire structure, if necessary, to bring the cost of the pro~
10 ject within ten percent (10%) of the preliminary estimate with no
11 additional cost to the City. The time allowed Architect to re-
12 design and furnish new or revised working drawings and specifica-
13 tions shall not exceed sixty (60) calendar days. Any escalation
14 in building costs between the time of the preliminary estimate and
15 the date bids are opened shall be added to the, preliminary estimat
16 The Engineering News Record cost index shall be used as the
17 criterion to determine such increase in costs. Should the City,
18 after receipt of bids, determine not to proceed to order the
19 Architect to redesign and reject all bids because the bids receive
20 are in excess of ten percent (10%) of the preliminary estimate,
21 Architect shall receive no further compensation, and City shall be
22 under no further obligation.
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b. If for any reason the project is not submitted for bids
24 for construction prior to 12 months after delivery to the City of
25 the approved working drawings and specifications, the preliminary
26 estimate shall become and be the final basis for calculation of
27 fees to be paid the Architect and six percent (6%) of.the prelim-
28 inary estimate shall constitute payment in full for services
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rendered hereunder.
c. Should any part or all of the work as shown on approved
final drawings and specifications be eliminated or abandoned
either before or after bids have been received due to lack of
funds or for any other reason, except work eliminated pursuant to
paragraph 6 a, 6.4% of the preliminary estimate for such eliminate
work shall be paid and shall constitute payment in full for the
portion of the work eliminated or abandoned.
7. Architect agrees to complete and deliver the engineer-
ing services required under paragraphs 3 a and 3 b on or before
the expiration of forty-five (45) calendar days from the date
hereof. The baiance of the required services, excluding the
services required under paragraphs 3 g, 3 h, 3 i and 3 j, shall be
delivered or performed on or before the expiration of 120 calendar
days from the date of approval by the City Council of the pre-
liminary plans and specifications. Should Architect be able to
save any time in delivering the services required under paragraphs
3 a and 3 b, said time saved shall be added to the calendar days
allowed to Architect for completion of required services, exclud-
ing the services required under paragraphs 3 g, 3 h, 3 i and 3 j.
8. All original drawings, plans, and design notes shall
become the property of the City. The design notes may be photo-
static copies of the originals. All original drawings are to be
made on tracing paper with pencil.
9. The plans and specifications shall bear the name of
Architect, together with his certificate number.
10. Standard Specifications of the Department of Public
Works of City, dated 1976, shall be referred to and incorporated
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IN WITNESS WHEREOF, the parties hereto have executed this
the detailed specifications, insofar as the same may apply.
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Agreement on the date first hereinabove written.
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CITY OF SAN BERNARDINO
ATTEST:
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ARCHITECT
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to form:
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· AlA · ASSOCIATES
KEITH R. McCLURE
3272 NORTH "E" STREET .
SAN BERNARDINO, CALIFORNIA 92405 ·
SUITE A
(714) 883-4811
January 25, 1978
C. Glenn Wilson, Director of Public Works
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
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Subject:
Architectural Agreement
Central Fire Station
Dear Mr. Wilson:
I received my copy of the executed Architectural Agreement
for the Central Fire Station on January 23, 1978; however,
there is an error that was not corrected. On page 5, line 8,
the second "of" should be "or" as indicated on the attached
copy.
Please have the necessary correction initiated. Thank you
for your attention to this matter.
An initial project conference on this project has been set
for 9:00 A.M., Thursday, January 26, 1978 at the office of
Chief Raymond Shaw.
Sincerely,
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Keith R. MJ;Lure, A.I.A.
Architect
KM/1m
cc: Chief Raymond Shaw
\RCHITECTURE . PLANNING. ENGINEERING