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RESOLUTION NO.
/a3df/,
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL RELATING TO THE
SELECTION OF KEITH R. MCCLURE, A. LA., TO PERFORM CERTAIN ARCHITECTURAL
3 SERVICES IN CONNECTION WITH THE SENIOR CITIZENS SERVICES CENTER, AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SAID SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION ONE: That the selection by the Oral Board of Keith R.
7 McClure, A.I.A., to perform the architectural services required to develop
8 detailed plans and specifications for construction of the Senior Citizens
9 Services Center, is hereby approved.
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SECTION TWO: That the Mayor of the City of San Bernardino is
11 hereby authorized and directed to execute an agreement with Keith R. McClure,
12 A.I.A., relating to the performance of said architectural services in
13 connection with the Senior Citizens Services Center, a copy of which is
14 attached hereto, marked Exhibit "A" and incorporated herein by reference
15 as fully as though set forth at length herein.
16 I HEREBY CERTIFY that the foregoing resolution was duly adopted
17 by the Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the ~y?~
of
day
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ABSENT: 7l#7U-/
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City Cl/ k
The foregoing resolution is hereby approved this I~/~
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day of a./~A'J/ ,1976.
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Approved as to form:
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FILED
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THE AMERICAN INSTITUTE OF ARCHITECTS
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AlA Document 8141
Standard Form of Agreement Between
Owner and Architect
THIS DOCUMENT HAS IMPORTItNT LEGAL CONSEQUENCES; CONSULT....TION WITH
....N ....rrOIl.NEY IS ENCOUIl.AGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
. AGREEMENT
made this 19th
Hundred and Seventy-Six
day of
January
in the year of Nineteen
BETWEEN the Owner: CITY OF SAN BERNARDINO
300 North D Street
San Bernardino, California 92418
and the Architect:
KEITH R. McCLURE, A.I.A.
3272 North E Street, Suite A
San Bernardino, California 92405
. For the following Project:
/Include detailed description of PlOjectlOCillion and scope)
SENIOR CITIZEN SERVICE CENTER to be located at the NW corner of 5th
and F Streets, San Bernardino, on a site referred to as the YMCA site.
Program for the project shall be in accordance with the Plan of Devel-
opment, dated September 1975, for a Senior Citizen Service Center,
Utilization of the Former YMCA Site, 5th and F Streets prepared by
Gruen Associates, Inc. and Facility Sciences Corporation for the Re-
development Agency of the City of San Bernardino, California. Gross
Building Area of 11,300 square feet, Site Development with curbs, gutter,
sidewalks, walls, paving, sprinkler and landscaping and outdoor recre-
ation areas. Budget Construction Cost $520,000. . .
The Owner and the Architect agree as set forth below.
AlA DOCUMENT .141 . OWNER-ARCHITECT AGREEMENT . JANUARY 1974 EDITION . AlAe . ~974
IIlE AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVE., N.W.. WASHINGTON. D. Co 20006
1
/=VII.,.,r itA"
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PERCENTAGE OF CONSTRUCTION COST
I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms
and Conditions of this Agreement.
II. THE OWNER shall compensate the Architect, In accordance with the Terms and Conditions of
this Agreement.
A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shall be computed
on the basis of one of the following PERCENTAGES OF CONSTRUCTION COST, as defined in
Article 3, for portions of the Project to be awarded under
A Single Stipulated Sum Construction Contract
Eight percent ( 8 'Yo)
of the actual construction cost or final approved
construction cost estimate~ whichever is less, with
a "Not to Exceed" cost of :;>41,600.00.
B. FOR ADDmONAL SERVICES, as described In Paragraph 1.3, Compensation computed as
follows:
1. Principals' time at the fixed rate of Twenty-five
For Ihe purpose of this Agreement, the Principals are:
dollars ($ 25 . ~rhour.
Ke.ith R. McClure, Architect
2. Employees' time (other than Principals) at a multiple of
( 2 . 5 ) times the employees' Direct Personnel Expense as defined In Article...
3. Services of Professional consultants at a multiple of
( 1. 1 ) times the amount billed to the Architect for such services.
C.~XB:
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D. FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5.
III. THE OWNER AND ARCHITECT agree In accordance with the Terms ,and Conditions of this Agree-
menlthat:
,
A. IF SCOPE of the Project 15 changed materially, compensation shall be subject to renegotiation.
B. IF THE SERVICES covered by this Agreement have nOI been completed within twe 1 ve
( 12 ) months of the date hereof, the amounts of
compensalion, rales and multiples sel forth in Paragraph II shall be subject to renegotialion.
AlA DOCUMENT 1141 . OWNER-ARCHITECT AGREEMENT . JANUARY 1974 EDITION . AIA8 . 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D. C. 2IlOO6
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five
phases described below and include normal struc-
tural, mechanical and electrical engineering services
and any other services included in Article 14 as
Basic Services.
SCHEMATIC DEStGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the, Project
and shall confirm such requirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the
Architect shall prepare Schematic Design Studies consist-
ing of drawings and other documents illustrating the
scale and relationship of Project components for ap-
proval by the Owner.
1.1.3 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
DESIGN DEVElOPMENT PHASE
1.1.4 The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documents consisting of drawings
and other documents to fix and describe the size and
character of the entire Project as to structural, mechani-
cal and electrical systems, materials and such other essen-
tials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved
Design Development Documents, for approval by the
Owner, Drawings and Specifications setting forth in
detail the requirements for the construction of the entire
Project including the necessary bidding information, and
shall assist in the preparation of bidding forms, the Con-
ditions of the Contract, and the form of Agreement
between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any
adjustments to previous Statements of Probable Con-
struction Cost indicated by changes in requirements or
general market conditions.
1.1.8 The Architect shall assist the Owner in filing the
required documents for the approval of governmental
authorities having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of
the Construction Documents and of the latest Stalement
of Probable Construction Cost, shall assist the Owner In
obtaining bids or negotiated proposals, and in awarding
and preparing construCtion contracts.
CONSTRUCTION PHASE - ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the
award of the Construction Contract and will terminate
when the final Certificate for Payment is issued to the
Owner. '
1.1.11 The Architect shall provide Administration of the
Construction Contract as set forth in AlA Document
A201, General Conditions of the Contract for Construc-
tion, and the extent of his duties and responsibilities and
the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
1.1.12 The Architect, as the representative of the Owner
during the Construction Phase, shall advise and consult
with the Owner and all of the Owner's instructions to
the Contractor shall be issued through the Architect. The
Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions
unless otherwise modified in writing.
1.1.13 The Architect shall al all times have access to
the Work wherever it is in preparation or progress.
1.1.14 The Architect shall 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 proceeding in accordance with the Contract
Documents. On the basis of his on-site observations as
an architect, he shall endeavor to guard the Owner
against defects and deficiencies in the Work of the Con-
tractor. The Architect shall not be required to make
exhaustive or continuous on-site inspections to check the
quality or quantity of the Work. The Archilect shall not
be responsible for construction means, methods, tech-
niques, sequences or procedures, or for safety precautions
and programs in connection with the Work, and he shall
not be responsible for the Contractor's failure 10 carry out
the Work in accordance with the Contract Documents.
1.1.15 Based on such observations al the site and on
the Contractor's Applications for Payment, the Architect
shall determine the amount owing to the Contractor and
shall issue Certificates for Payment in such amounts, The
issuance of a Cerlificate for Payment shall constitute a
representation by the Architect to the Owner, based on
the Architect's observations at the site as provided in
Subparagraph 1.1.14 and the data comprising the Appli-
cation for Payment, that the Work has progressed to the
point indicated; that 10 the best of the Architect's knowl-
edge, information and belief, the quality of the Work is
in accordance with Ihe Contract Documents (subject to
an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the
results of any subsequent tests required by the Contract
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT . JANUARV 1974 EDITION . AIAII!l . fi)1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D. C. 20006
3
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Documents, to minor deviations from the Conlrlct D0cu-
ments correctable prior to completion, and to any specific
qualifications stated In the Certificate for Payment); and
that the Contractor 15 entitled to payment In the amount
certified. By issuing a Certificate for Payment, the Archi-
tect shall not be deemed to represent that he has made
any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of
the Contract Sum.
1.1.16 The Architect shall be, in the first instance, the
interpreter of the requirements of the Contract Docu-
ments and the impartial judge of the performance there-
under by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Con-
tractor 'relating to the execution and progress of the Work
and on all other mailers or questions related thereto.
The Architect's decisions in mailers relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents.
1.1.17 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, in his reasonable opinion, he considers it nec-
essary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have
authority to require special inspection or testing of any
Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated,
installed or completed.
1.1.18 The Architect shall review and approve shop
drawings, samples, and other submissions of the Contrac-
tor only for conformance with the design concept of the
Project and for compliance with the information given
in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to de-
termine the Dates of Substantial Completion and final
completion, shall receive and review wrillen guarantees
and related documents assembled by the Contractor, and
shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the
acts or omissions of the Contractor, or any Subcontrac-
tors, or any of the Contractor's or Subcontractors' agents
or employees, or any other persons performing any of
the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than
is described under Subparagraphs 1.1.10 through 1.1.21
inclusive is required, and if the Owner and Architect
agree, the Architect shall provide one or more Full-Time
Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be
selected. employed and directed by the Architect, and the
Architect shall be compensated therefor as mutually
agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
1.2.3 The duties. responsibilities and limitations of au-
thority of such Full-Time Project Representatives shall be
set forth in an exhibit appended to this Agreement.
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1.2.4 Throush the on-slte observatiOns by full-Time
ProjeCt Representatives of the Work In prosress, the Ar-
chitect shall endeavor to provide further protection for
the Owner against defects in the Work, but the furnish~
ing of such project representation shall not make the
Architect responsible for construction means, methods,
techniques, sequences or procedures, or for safety pre-
cautions and programs, or for the Contractor's failure to
perform the Work in accordance with the Contract
Documents.
1.3 ADDITIONAL SERVICES
The following Services shall be provided when au-
thorized in writing by the Owner, and they shall be
paid for by the Owner as hereinbefore provided.
1.3.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project.
1.3.2 Providing financial feasibility or other special'
studies.
1.3.3 Providing planning surveys, site evaluations, e,nvi-
ronmental studies or comparative studies of prospective
sites.
1.3.4 Providing design services relative to future facili-
ties, systems and equipment which are not intended to
be constructed as part of the Project.
1.3.5 Providing services to investigate existing condi-
tions or facilities or to make measured drawings thereof,
or to verify the accuracy of drawings or other informa-
tion furnished by the Owner.
1.3.6 Preparing documents for alternate bids or out-of-
sequence services requested by the Owner.
1.3.7 Providing Detailed Estimates of Construction Cost
or detailed quantity surveys or inventories of material,
equipment and labor.
1.3.8 Providing interior design and other services re-
quired for or in connection with the selection of furni-
ture and furnishings.
1.3.9 Providing services for planning' tenant or rental
spaces.
1.3.10 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given
and are due to causes beyond the control of the Archi-
tect.
1.3.11 Preparing supporting data and other services In
connection with Change Orders if the change in the
Basic Compensation resulting from the adjusted Contract
Sum is not commensurate with the services required of
Ihe Architect.
1.3.12 Making investigations involving detailed apprais-
als and valuations of existing facilities, and surveys or
inventories required in connection with construction
performed by the Owner.
1.3.13 Providing consultation concerning replacement
of any Work damaged by fire or other cause during con-
struction, and furnishing professional services of the type
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AlA DOCUMENT 1141 . OWNER.ARCHITECT AGRHMINT . JANUARY 1974 mlTlON . AIA@ . @1974
Till AMIKKAN INSTITUTE OF ARCHITECTS. 173S NIW YORK AVE., N.W., WASHINGTON, D. C. 20006
o
set forth in Parasraph 1.1 as may be required In connec-
lion with the replacement of such Work.
1.3.14 Providing professional services made necessary
by the default of the Contractor Or by major defects in
the Work of the Contractor in the performance of the
Construction Contract.
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1.3.15 Preparing a set of reproducible record prints of
drawings showing significant changes in the Work made
during the construction process, based on marked-up
prints, drawings and other dala furnished by the Contrac-
tor to the Architect
1.3.16 Providing extensive assistance in the utilization
of any equipment or system such as initial start-up or
testing, adjusting and balancing, preparation of operation
and maintenance manuals, training personnel for opera-
tion and maintenance, and consultation during operation.
1.3.17 Providing services after issuance to the Owner of
the final Certificate for Payment
1.3.18 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.3.19 Providing services of professional consultants for
other than the normal structural, mechanical and electri-
cal engineering services for the Project.
1.3.20 Providing any other services not otherwise In-
cluded In Ihis Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including
a complete program, regarding his requirements for the
Project.
2.2 The Owner shall designate, when necessary, a rep-
resentative aulhorized to act in his behalf with respect to
the Project. The Owner shall examine documents sub-
milled by the Architect and shall render decisions per-
taining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of
the sile giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property; rights-of-way,
restrictions, easements, encroachments, zoning, deed re-
strictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing
buildings, other improvements and trees; and full infor-
mation concerning available service and utility lines both
public and private, above and below grade, including
inverts and depths.
2.4 The Owner shall furnish the services of a soils engi-
neer or other consultant when such services are deemed
necessary by the Architect, including reports, test borings,
test pits, soil bearing values, percolation tests, air and
water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining sub.
soil, air and water conditions, with appropriate profes-
sional recommendations.
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2.S The Owner shall fumlsh structural, mechanical,
chemical and other laboratory tests, Inspections and re-
ports as required by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and
insurance counseling services as may be necessary for the
Project, and such auditing services as he may require to
ascertain how or for what purposes the Contractor has
used the moneys paid to him under the Construction
Contract
2.7 The services, information, surveys and reports re-
quired by Paragraphs 2.3 through 2.6 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.8 if the Owner becomes aware of any fault or defect
in the Project or non-conformance with the Contract
Documents, he shall give prompt wrillen notice thereof
to the Architect.
2.9 The Owner shall furnish information required of him
as expeditiously as necessary for the orderly progress of
the Work. ,>
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis
for determining the Architect's Compensation for Basic
Services, It shall be the total cost or estimated cost to
the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as
follows, with precedence in the order listed:
3.1.1 For completed construction, the cost of all such
Work, including costs of managing construction;
3.1.2 For Work not constructed, (1) the lowest bona fide
bid received from a qualified bidder for any or all of such
Work, or (2) if the Work is not bid, the bona fide nego-
tiated proposal submilled for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is
received, (1) the latest Detailed Estimate of Construction
Cost if one is available, or (2) the latest Statement of
Probable Construction Cost
3.2 Construction Cost does not include Ihe compensa-
tion of the Architect and his consultants, the COSI of the
land, rights-of-way, or other costs which are the responsi-
bility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 The cost of labor, malerials and equipment furnished
by the Owner for the Project shall be included in the
Construction Cost at current market rates including a
reasonable allowance for overhead and profit.
3.4 Statements of Probable Construction Cost and De-
tailed Cost Estimates prepared by the Architect represent
his best judgment as a design professional familiar with
the construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the con-
tractors' methods of determining bid prices, or over com-
petitive bidding or market conditions. Accordingly, the
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT . JANUARY 1974 EDITION . AIA4il . <1>1974
TltE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AIIli.. N.W.. WASHINGTON. D. C. 20006
5
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Architect cannot and does not suarantee that bids will
not vary from any Statement of Probable Construction
Cost or other cost estimate prepared by him. "
3.5 When a lixed limit of Construction Cost Is estab-
lished as a condition of this Asreement, It shall be In
wriling signed by the parties and shall Include a blddins
contingency of ten percent unless another amount 15
agreed upon in writing. When such a fixed limit is estab-
lished, the Architect shall be permitted to determine what
materials, equipment, component systems and types of
construction are to be included in the Contract Docu-
ments, and to make reasonable adjustments in the scope.
of the Project to bring it within the fixed limit. The archi-
tect may also include in the Contract Documents alter-
nate bids to adjust the Construction Cost to the fixed
limit.
3.5.1 If the Bidding or Negotiating Phase has not com-
menced within six months after the Architect submits the
Construction Documents to the Owner, any lixed limit
of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the
general level of prices which may have occurred in the
construction industry for the area in which the Project is
located. The adjustment shall reflect changes between
the date of submission of the Construction Documents
to the Owner and ~he date on which proposals are
sought.
3.5.2 When a fixed limit of Construction Cost, including
the Bidding contingency (adjusted as provided in Sub-
paragraph 3.5.1, if applicable), is established as a condi-
tion of this Agreement and is exceeded by the lowest
bona fide bid or negotiated proposal, the Detailed Esti-
mate of Construction Cost or the Statement of Probable
Construction cost, the Owner shall (1) give written ap-
proval of an increase in such lixed limit, (2) authorize re-
bidding the Project within a reasonable time, or (3) co-
operate in revising the Project scope and quality as re-
quired to reduce the Probable Construction Cost. In the
case of (3) the Architect, without addilional charge, shall
modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The
providing of such service shall be the limit of the Archi-
tect's responsibility in this regard, and having done 50,
the Architect shall be entitled to compensation in accord-
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of
professional, technical and clerical employees engaged
on the Project by the Architect, and the cost of their
mandatory and customary benefits such as statutory em-
ployee benefits, insurance, sick leave, holidays, vacations,
pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect, his employ-
r1
-
-. or his professional _Itants In the Interest of the
Project for the expenses listed in the followins Subpara-
graphs:
5.1.1 Expense of transportation and IIvlns when travel-
Ing In connection with the Project; long distance calls
and telegrams; and fees paid for securing approval of
. ,authorities having jurisdiction over the Project.
5.1.2 Expense of reproductions, postage and handling
of Drawings and Specifications excluding duplicate sets
at the completion of each Phase for the Owner's review
and approval.
5.1.3 If authorized in advance by the Owner, expense
. of overtime work requiring higher than regular rates and
expense of renderings or models for the Owner's use.
5.1.4 Expense of computer time for professional services
when included in Paragraph II.
5.1.5 Expense of computer time when used in connec-
tion with Additional Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Baslc Serv-
ices shall be made as follows:
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6.1.2 Subsequent payments for Basic Services shall be
made monthly in proportion to services performed so
that the compensation at the complelion of each Phase,
except when the compensalion is on the basis of a Mul-
tiple of Direct Personnel Expense, shall equal the follow-
ing percentages of the total Basic Compensation:
Schematic Design Phase ........ 15%
Design Development Phase ...... 35%
Construction Documents Phase ... 75%
Bidding or Negotiation Phase .... 80%
Construclion Phase ............ 100%
6.1.3 If the Contract Time initially established In the
Construction Contract is exceeded by more than thirty
days through no fault of the Architect, compensation for
Basic Services performed by Principals, employees and
professional consultants required to complete the Ad-
ministration of the Construction Contract beyond the
thirtieth day shall be computed as set forth in Para-
graph II for Addilional Services.
6.2 Payments for Additional Services of the Architect as
defined in Paragraph 1.3, and for Reimbursable Expenses
as delined in Article 5, shall be made monthly upon
presentation of the Architect's statement of services ren-
dered.
6.3 No deductions shall be made from the Architect's
compensalion on account of penalty, liquidated dam-
ages, or other sums withheld from payments to con-
tractors.
6.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect
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A'A DOCUMENT '141 . OWNER.ARCHITECT AGREEMENT . JANUARY 1974 EDITION . AlAS . <1>1974
TliI AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D. C. ~0006
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shall be paid his compensation for services performed
prior to receipt of written notice from the Owner of such
suspension or abandonment, together with Reimbursable
Expenses then due and all termination expenses as de-
fined in Paragraph 8.3 resulting from such suspension or
abandonment. If the Project is resumed after being sus-
pended for more than three months, the Architect's
compensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement
shall bear interest at the legal rate commencing sixty
days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTINC RECORDS
Records of Reimbursable Expenses and expenses pertain-
ing to Additional Services on the Project and for services
performed on the basis of a Multiple of Direct Personnel
Expense shall be kept on a generally recognized account-
ing basis and shall be available to the Owner or his
authorized representative at mutually convenient times.
ARTICLE B
TERMINATION OF ACREEMENT
1.1 This Agreement may be terminated by either party
upon seven days' wrillen notice should the other parly
fail substantially to perform in accordance with its terms
through no fault of the party Initiating the termination.
1.2 In the event of termination due to the fault of par-
ties other than the Architect, the Architect shall be paid
his compensation for services performed to termination
date, including Reimbursable Expenses then due and all
termination expenses.
8.3 Termination Expenses are defined as Reimbursable
Expenses directly allributable to termination, plus an
amount computed as a percentage of the total compen-
sation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De-
velopmint Phase; or
S percent if termination occurs during any subse-
quent phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are
and shall remain the property of the Architect whether
Ihe Project for which they are made is executed or not.
They are not to be used by the Owner on other projects
or extensions 10 this Project except by agreement in writ-
ing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSICNS
The Owner and the Architect each binds himself, his
partners, successors, assigns and lega' representatives to
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the other ~rty to this Agreement and to the partnelS,
successors, assigns and legall1!p_tatives of such other
party with respect to all covenants of this Agreement.
Neither the Owner nor the Architect shall assign, sublet
or transfer his Interest in this Agreement without the
wrillen consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other mattelS in question
between the parties to this Agreement, arising out of, or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutually
agree otherwise. No arbitration, arising out of, or relating
to this Agreement, shall include, by consolidation, joinder
or in any other manner, any additional party not a party
to this Agreement except by wrillen consent containing a
specific reference to this Agreement and signed by all the
parties hereto. Any consent to arbitration involving an
additional party or parties shall not constitute consent to
arbitration of any dispute not described therein or with
any party not named or described therein. This Agreement
to arbitrate and any agreement to arbitrate with an addi-
tional parly or parties duly consented to by the parties
hereto shall be specifically enforceable under the pre-
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and .
with the American Arbitration Association. The demand
shall be made within a reasonable time after the claim,
dispute or other mailer in question has arisen. In no
event shall the demand for arbitration be made after the
date when institution of legal or equitable proceedings
based on such claim, dispute or other mailer in question
would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be fi-
nal, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction
thereof.
ARTICLE 12
EXTENT OF ACREEMENT
This Agreement represents the entire and Integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or
agreements, either wrillen or oral. This Agreement may
be amended only by wrillen instrument signed by both
Owner and Architect.
,
ARTICLE 13
COVERNINC LAW
Unless otheiwise specified. this Agreement shall be gov-
erned by the law of the principal place of business of the
Architect.
AtA DOCUMENT 1141 . OWNU.ARCltlTECT AGREEMENT . JANUARY 1974 EDITION . AIAi!Il . /1)1974
THE AMERICAN INSTITUtE OF ARCHITECTS, Ins NEW YORK AVE., N.W., WASllINGTON, O. C. 21lOO(,
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. ARTICLE 14
OTHER CONDITIONS OR SERVICES
This Agreement executed the day and year first written above.
OWNER
ARCHITECT
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KEITH R. McCLURE, ARCHITECT
C-5517
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AlA DOCUMENT 1141 . OWNER-ARCHITECT AGIUMENT . IANUARV 1974 EDITION . AlAe . ew74
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON. D. C. 20006
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Amendment No. 1 to
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT, dated
January 19, 1976'
between the Owner: City of San Bernardino
300 North D Street
San Bernardino, California 92418
and the Architect: Keith R. McClure AlA & Associates
3272 North E Street, Suite A
San Bernardino, California.92405
Item 1: Revise project description, page 1 of Agreement, to
read as follows:
"SENIOR CITIZEN SERVICE 'CENTER to be located at the
NW corner of 5th and F Streets, San Bernardino, on a
site referred to as the YMCA site. Program for the
project shall be in accordance with the Plan of De-
velopment, dated September 1975, for a Senior Citizen
Service Center, Utilization of the Former YMCA Site,
5th and F Streets prepared by Gruen Associates, Inc.
and Facility Sciences Corporation for the Redevelop-
ment Agency of the City of San Bernardino, California.
Gross Building Area of 13,150 square feet On-Site
Development with curbs, gutter, sidewalks, walls, pav-
ing, sprinkler and landscaping and outdoor recreation
areas. Budget Construction Cost $553,700. Final
design to be in accordance with the Master Plan De-
velopmentDrawings, and Outline Specifications as
submitted March 2, 1976, with an increased Kitchen
area of 250 square feet to provide a Preparation
Kitchen capable of preparing 400 meals."
Item 2: Revise paragraph II. A., page 2, to read as follows :
"A. FOR BASIC SERVICES, as described in Paragraph
1.1, Basic Compensation shall be computed on the
basis of one of the following PERCENTAGES OF
CONSTRUCTION COST, as defined in Article 3, for
portions of the Project to b~ awarded under
A Single Stipulated Sum Construction Contract
. Eight percent (8%)
of the actual construction cost or final approved
construction cost estimate, whichever is less,
with a "Not to Exceed" cost of $44,300.00."
Amendment No. 1
Page 1 of 2
.
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This Amendment No. 1 executed on April _, 1976.
OWNER
ARCHITECT
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H R. McCLURE, ARCHITECT
C-5517
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Approved as
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Amendment No. 1
Page 2 of 2
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KEITH R. McCLURE · AlA · ASSOCIATES
3272 NORTH "E" STREET . SUITE A
SAN BE R N A R DIN 0, C A L IF 0 R N I A 92405 . (7 1 4) 883 - 4811
SENIOR CITIZENS SERVICE CENTER
REVISED PROJECT SCHEDULE
INITIAL SCHEDULE ACTUAL REVISED
of JAN. 13, 1976 DATE DATE
1. EXECUTE CONTRACT 1/19/76 1/19/76
2. SUBMIT PRELIMINARY PLANS,
ELEVATIONS & RENDERINGS
FOR APPROVAL 3/ 5/76 3/ 2/76
3. REVIEW TIME BY AGENCIES 14 Days
4. RECEIVE APPROVAL TO PROCEED
WITH FINAL WORKING DRAWINGS Not Received
& SPECIFICATIONS ,3/19/76 to Date 5/ 5/76
5. SUBMIT FINAL WORKING DRAWINGS
& SPECIFICATIONS FOR REVIEW
& APPROVAL 5/14/76 7/ 5/76
6. REVIEW TIME BY AGENCIES 14 Days
7. RECEIVE APPROVAL TO ADVERTISE
FOR BID 5/28/76 7/19/76
8. RECEIVE BIDS 6/24/76 - 8/17/76
. 9. REVIEW BIDS BY AGENCIES 14 Days
10. EXECUTE CONTRACT 7/ 6/76 8/30/76
11. START CONSTRUCTION 7/15/76 9/ 9/76
12. COMPLETE CONSTRUCTION 4/15/77 6/ 9/77
. ARClIITECTUUE . PLANNING. ENGINEERING