HomeMy WebLinkAbout38-Public Works
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File No. 2.119
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Roger G. Hardgrave REC'B.-ADMllt ~ect:
Dept: Publ ic Works/Engineering IS86 llAY -8 PM 3: 58
Date: 5-06-86
Authorization to Execute Agreement
for Architectural Services -- Fire
Station in Tri-City Corporate
Complex ---KURT MEYER PARTNERS
Synopsis of Previous Council action:
3-17-86 --- Resolution No. 86-82 adopted finding and determining public
convenience and necessity require the construction, equipping
and furnishing of a fire station in the Parkcentre Complex,
known as Assessment District No. 971.
Recommended motion:
Adopt resolution.
cc: John Matzer, Jr.
Warren Knudson
Gerry Newcombe
Glenda Saul
~rA c['~
Contact person:
Roger G. Hardgrave
Phone:
5025
Supporting data attached:Staff Report & Agreement
FUNDING REQUI REMENTS: Amount: $44,800
Ward: 3
/4'"''-'''-''' P ;......\0...
Source: Account No. 251-644-53925
Finance: t)f" C ~_
Council Notes:
Anlwi. I.pm No c3.7.
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CIT.OF SAN BERNARDI. - REQU,- FOR COUNCIL AC.N
STAFF REPORT
Requests for Proposals were sent to the following Architects:
1. Kurt Meyer Partners
2. Denny Jones
3. Michael J. Murphy Associates
4. Wolff, Lang, Christopher Architects, Inc.
5. Bussey, Brown, Hofmann
6. L. A. Wainscott & Associates, Inc.
7. Joseph E. Bonadiman & Associates
8. Roger L. Grulke, Architects
9. Jimmie Cartee, Architect
Proposals were received from the following Architects:
1. Kurt Meyer Partners
2. Joseph E. Bonadiman & Associates
3. Roger L. Grulke, Architects
4. Jimmie Cartee, Architect
These four Architects were afforded
verbally before an Interview Board.
following persons:
1. Richard Bennecke, Administrative Assistant
2. Phil Arviso, Executive Assistant to Council
3. Gerry Newcombe, Fire Chief
4. Susan Chow, Assistant to the City Administrator
5. Roger Hardgrave, Director of Public Works/City Engineer
the opportunity to present their proposals
This Interview Board was comprised of the
After carefully considering the proposals and verbal presentations, the Inter-
view Board determined that Kurt Meyer Partners is the best qualified at this
time to provide the necessary architectural services for the fire station.
The Agreement provides, in general, that Kurt Meyer Partners will provide the
necessary basic services for a fee of 8% of the construction cost. Article
1.5.13 has been revised by the Architect.
The City is required to provide a plan of the project site, preliminary soil
tests, and construction materials tests specified by law or the contract docu-
ments.
We recommend that the Agreement be approved.
All services will be provided under the direct supervision of Keith McClure,
in their San Bernardino office.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH KURT MEYER PARTNERS, INC. RELATING TO PROVIDING
ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A FIRE STATION IN THE PARKCENTRE
AREA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an agreement with
Kurt Meyer Partners, Inc. relating to providing architectural services for
construction of a Fire Station in the Parkcentre Area, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length, but such award will be effective only
upon the contract being fully signed.
SECTION 2. Execution and Amendments. This agreement and any
amendments or modifications thereto shall not take effect or become operative
until fully signed end execut~d by the parties and no party shall be obligated
hereunder until the time of such full execution. No oral agreements,
amendments, modifications or waivers are intended or authorized and shall
not be implied from any act or course of conduct of any party.
I HERE~Y CERTIFY that the foregoing resolution was duly adopted
by the Mayor ~nd Common Council of the City of San Bernardino at a
meeting thereof, held on the
. 1986, by the following vote, to-wit:
day of
AYES: Council Members
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NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
day
of
, 1986.
Mayorof the" Cfty of San Bernardino
Approved as to form:
City Attorney
State of California )
County of San Bernardino) 55
City of San Bernardino )
I do hereby certify that the foregoing Resolution No.
is a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto
seal of the City of San Bernardino, this
1986.
set my hand and affixed the
day of
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THE AMERICAN INSTITUTE OF ARCHITECTS
EXHIBIT "A"
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AlA Document 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the
Hundred and Eighty-Six
day of
May
in the year of Nineteen
BETWEEN the Owner:
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
and the Architect:
KURT MEYER PARTNERS, INC.
440 W. Court Street, Suite 100
San Bernardino, CA 92401
For the following Project:
(Include detailed description 01 Project location and scope.)
Fire Station of 5,000 square feet and site improvements on site within lot 31,
of Tract No. 12034, San Bernardino, California
The Owner and the Architect agree as set forth below.
Copy'riaht 1917, 1926, 1948, 1951, 195], 1958, 1961, 1963, 1966. 1967, 1910, 1974, @ 1977 by The American Institute
of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or
substantial quOI,1lion of its provisions wilhout permission of the AlA violates the copyright laws of the United
States and will be subject 10 legal proseo..IIion.
AlA DOCUMENT "41 . OWNER.ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1m . AlA- . e 1977
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
.141.19" 1
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
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ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services included
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other, subject to the limitations set
forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
1.2 DESIGN DEVElOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in
the program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec~
trical systems, materials and such other elements as may
be appropriate.
1.2.2 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual-
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
ings and Specifications setting forth in detail the require-
ments for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara-
tion of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agree-
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust-
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-
ing jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall provide administration of the Contract for Construc-
tion as set forth below and in the edition of AlA Docu-
ment A201, General Conditions of the Contract for Con-
struction, current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded through the Architect. The Archi-
tect shall have authority to act on behalf of the Owner
only to the extent provided in the Contract Documents
unless otherwise modified by written instrument in ac-
cordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals ap-
propriate to the stage o( construction or as otherwise
agreed by the Architect in writing to become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Archi-
tect shall not be required to make exhaustive or con-
tinuous on-site inspections to check the quality or quan-
tity of the Work. On the basis of such on-site observa-
tions as an architect, the Architect shall keep the Owner
informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1.5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the
Work, for the acts or omissions of the Contractor, Sub.
AlA DOCUMENT 1141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977 . AlA- . @19"
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2OOO(j
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.141.1977 3
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contractors or any other persons performing any of the
Work, or for the failure of any of them to carry out the
Work in accordance with the Contract Documents.
1.5.6 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
1.5.7 The Architect shall determine the amounts owing
to the Contractor based on observations at the site and on
evaluallons of the Contractor's Applications for Payment,
and shall issue Certificates for Payment in such amounts,
as provided in the Contract Documents.
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necessary or advisable for the implementation of the intent
of the Contract Documents,the Architect will have author.
ity to require special inspection or testing of the Work in
accordance with the provisions of the Contract Dacu.
ments, whether or not such Work be then fabricated, in.
stalled or completed.
1.5.13 The Architect shall review "'''8~ or take
other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, butk
only for conformance With the deSign concept of the
Work and with the information given in the Contract
1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable
constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap.
based ?n the Architect's observations at the site as pro. proval of a specific item shall not indiGale.appr9Ilal-ol_app y to
vlded on Subparagraph 1.5.4 and on the data comprosong theassembly of which the item is a component. *
the Contractor's Application for Payment, that the Work . '
has progressed to the point indicated; that, to the best of 1.5.14 Th~ Architect shall prep~re Change Orders ~or
the Architect's knowledge, information and belief, the qual. the Owner s approval and execution In accordance With
ity of th~ Work is in accordance with the Contract Docu. the Contract Do.cuments, and shall haveauthoroty.to order
ments (subject to an evaluation of the Work for con. monor changes on the Work not.onvolvong an adJust~ent
formance with the Contract Documents upon Substantial on the Contract Sum or an extension. of the Contract Time
Completion, to the results of any subsequent tests reo which are ;not onconslstent With the ontent of the Contract
qui red by or performed under the Contract Documents, Documents.
to minor deviations from the Contract Documents cor. 1.5.15 The Architect shall conduct inspections to deter.
rectable prior to completion, and to any specific qualifica. mine the Dates of Substantial Completion and final com.
tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the
Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents
However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by
not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay.
examination to ascertain how and for what purpose the ment.
Contractor has used the moneys paid on account of the 1.5.16, The extent of the duties, responsibilities and lim.
Contract Sum. itations of authority of the Architect as the Owner's rep.
1.5.9 The Architect shall be the interpreter of the reo resentalive during construction shall not be modified or
quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con-
the performance thereunder by both the Owner and tractor and the Architect.
Contractor. The Architect shall render interpretations nec.
essary for the proper execution or progress of the Work
with reasonable promptness on written request of either
the Owner or the Contractor, and shall render written de.
cisions, within a reasonable time, on all claims, disputes
and other matters in question between the Owner and the
Contractor relating to the execution or progress of the
Work or the interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in written or
graphic form. In the capacity of interpreter and judge,
the Architect shall endeavor to secure faithful perform.
ance by both the Owner and the Contraclor, shall not
show partiality to either, and shall not be liable for the
result of any interpretation or decision rendered in goad
faith in such capacity.
1.5.11 The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent of
the Contract Documents. The Architect's decisions on
any other claims, disputes or other matters, including
those in question between the Owner and the Contractor,
shall be subject to arbitration as provided in this Agree-
ment and in the Contract Documents.
1.5.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, in the Architect's reasonable opinion, it is
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex.
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1,6.2 Such Project Representatives shall be selected, em-
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed be-
tween the Owner and the Architect as set forth in an ex.
hibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1.6,3 Through the observations by such Project Repre.
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project representa-
tion shall not modify the rights, responsibilities or obliga-
tions of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic
Services unless so identified in Article 15. They shall
be provided if authorized or confirmed in writing by
the Owner, and they shall be paid for by the Owner
as provided in this Agreement, in addition to the
compensation for Basic Services.
(..D ';),
4 8141-1977
*nor shall
sequences
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDlTlON . JULY 1977 . AlA_ . <C 1m
THE AMERICAN INSTITUTE Of ~CHITECTS' 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
it relieve the Contractor of hi esponsibility for the means, methods,
or safety of the construct ion. . .
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1.7.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project.
1,7.2 Providing financial feasibility or other special
studies. '
1.7.3 Providing planning surveys. site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys. studies and submis-
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities. sys-
tems and equipment which are not intended to be con-
structed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur-
nished by the Owner.
1.7.6 Preparing documents of alternate. separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase. when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
separate contractors or by the Owner's own forces.
1.7.8 Providing services in connection with the work of
a construction manager or separate consultants retained
by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs. or detailed quan-
tity surveys or inventories of material, equipment and
labor.
1.7.10 Providing interior design and other similar ser-
vices required for or in connection with the selection,
procurement or installation of furniture, furnishings and
related equipment.
1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions in Drawings. Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such doc-
uments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings. Specifications and supporting
data and providing other services in connection with
Change Orders to the extent that the adjustment in the
8asic Compensation resulting from the adjusted Con-
struction Cost is not commensurate with the services re-
quired of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Architect.
1.7.14 Making investigations, surveys, valuations, inven-
tories or detailed appraisals of existing facilities. and serv-
ices required in connection with construction performed
by the Owner.
1.7.15 Providing consultation concerning replacement of
any Work damaged by fire or other cause during con-
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struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default
of the Contractor, or by major defects or deficiencies in
the Work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for
Construction.
1.7.17 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked-up prints, drawings and
other data furnished by the Contractor to the Architect.
1.7.18 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 operation
and maintenance, and consultation during operation.
1.7.19 Providing services after issuance to the Owner of
the final Certificate for Payment. or in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec-
trical engineering services for the Project.
1.7.22 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1.8 TIME
1.8.1 The Architect shall .perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner. the Architect shall submit for the
Owner's approval a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds. and shall include allowances for peri-
ods of time required for the Owner's review and approval
of submissions and for approvals of authorilies having
jurisdiction over the Project. This schedule. when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, including space requirements and relation.
ships, flexibility and expandability, special equipmenl and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it
,hall include contingencies for bidding, changes in the
Work during construction, and olher costs which are the
responsibility of the Owner, including those described in
this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
AI4. DOCUMENT 1141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977 . AlA.. e 1977
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1977 5
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2.3 The Owner shall designale, when necessary, a rep-
resenlative aulhorized to acl in the Owner's behalf wilh
respecl to Ihe Project. The Owner or such aulhorized
represenlalive shall examine the documenls submilled by
the Archilecl and shall render decisions pertaining Ihereto
promptly, 10 avoid unreasonable delay in the progress of
Ihe Architecl's services.
2.4 The Owner shall furnish a legal description and a
certified land survey of the sile, giving, as applicable,
grades and lines of streels, alleys, pavements and adjoin-
ing property; rights-at-way, restrictions, easements, en-
croachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete
dala perlaining 10 exisling buildings, olher improvemenls
and Irees; and full informalion concerning available serv-
ice and utilily lines bOlh public and privale, above and
below grade, including inverlS and deplhs.
2.5 The Owner shall furnish Ihe services of soil engi-
neers or other consultants when such services are deemed
necessary by the Archilect. Such services shall include tesl
borings, test pits, soil bearing values, percolation tests, air
and water pollution tests, ground corrosion and resislivity
tesls, including necessary operalions for delermining sub-
soil, air and water conditions, with reports and appropri-
ale professional recommendations.
2.6 The Owner shall furnish struclural, mechanical,
chemical and olher laboralory tesls, inspections and re-
porls as required by law or Ihe Contracl Documents.
2.7 The Owner shall furnish all legal, accounting and in-
surance counseling services as may be necessary al any
time for the Projecl, including such auditing services as
the Owner may require to verify the Contraclor's Applica-
tions for Payment or to ascertain how or for what pur-
poses the Contractor uses the moneys paid by or on be-
half of the Owner.
2.8 The services, information, surveys and reports re-
quired by Paragraphs 2.4 Ihrough 2.7 inclusive shall .be
furnished at Ihe Owner's expense, and the Architect shall
be entitled to rely upon Ihe accuracy and completeness
thereof.
2.9 If Ihe Owner observes or otherwise becomes aware
of any faull or defect in the Projecl or nonconformance
with the Conlract Documents, prompl wrillen notice
Ihereof shall be given by Ihe Owner to the Architect.
2.10 The Owner shall furnish required information and
services and shall render approvals and decisions as ex-
peditiously as necessary for the orderly progress of the
Archilect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEfiNITION
3.1.1 The Construction Cost shall be Ihe total cost or
eslimaled cosllO the Owner of all elemenls of the Project
designed or specified by Ihe Architect.
3.1.2 The Construction Cost shall include at current
market rates, including a reasonable allowance for over-
head and profit, the cost of labor and materials furnished
by Ihe Owner and any equipment which has been de-
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signed, specified, selected or specially provided for by
Ihe Architect.
3.1.3 Construction Cost does not include the compen-
sation of the Architect and the Architect's consultants,
the cost of the land, righls-of-way, or other cosls which
are the responsibility of the Owner as provided in Arti-
cle 2.
3.2 RESPONSIBILITY fOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budgel, State-
ments of Probable Conslruclion Cost and Detailed
Estimates of Conslruction Cost, if any, prepared by the
Archilecl, represenl the Archilect's besl judgmenl as a
design professional familiar with Ihe construclion indus-
try. II is recognized, however, that neither the Archilect
nor the Owner has control over the cost of labor, mate.
rials or equipment, over Ihe Contractor's methods of de-
termining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represenl that bids or
negotialed prices will not vary from Ihe Project budget
proposed, eSlablished or approved by the Owner, if any,
or from any Statement of Probable Construclion Cost or
other cost eSlimate or evaluation prepared by Ihe Archi-
tect.
3.2.2 No fixed limit of Construction Cost shall be estab-
lished as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget under Sub-
paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such
fixed limit has been agreed upon in writing and signed by
the parties hereto, If such a fixed limit has been estab-
lished, the Archilect shall be permilled to include con-
lingencies for design, bidding and price escalalion, to de-
termine what materials, equipm'ent, component systems
and Iypes of conslruction are to be included in the Con-
tract Documents, to make reasonable adjustmenls in the
scope of Ihe Project and to include in the Contract Docu-
menls allernate bids 10 adjust the Construction Cost to the
fixed limit. Any such Iixed limit shall be increased in the
amount of any increase in the Contract Sum occurring
after execution of the Contract for Conslruction.
3.2.3 If Ihe Bidding or Negotiation Phase has not com-
menced wilhin Ihree months after the Archilect submits
the Construction Documenls to Ihe Owner, any Project
budget or fixed limit of Construclion Cost shall be ad-
justed 10 reflect any change in the general level of prices
in Ihe construction industry between the date of submis-
sion of the Construclion Documents to the Owner and
the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction
Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
ceeded by the lowest bona fide bid or negotialed pro-
posal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize rebidding or re-
negotiating of Ihe Project wilhin a reasonable time, (3) if
the Project is abandoned, lerminate in accordance wilh
Paragraph 10.2, or (4) cooperate in revising Ihe Projecl
scope and quality as required to reduce the Construclion
Cost. In the case of (4). provided a fixed Iimil of Construc-
tion Cost has been established as a condition of this Agree-
ment; Ihe Architecl, without additional charge, shall mod-
ify the Drawings and Specifications as necessary to comply
6 1141-19"
AlA DOCUMENT .,41 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977 . AIA-. lI> 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2OOD6
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with the fixed limit. The providing of such service shall be
the limit of the Architect's responsibility arising from the
establishment of such fixed limit, and having done so, the
Architect shall be entitled to compensation for all services
performed, in accordance with this Agreement, whether
or not the Construction phase is commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment taxes and other statutory employee bene-
fits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and 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 and the Archi-
lecrs employees and consultants in the interest of the
Project for the expenses listed in the following Sub-
paragraphs:
5.1.1 Expense of transportation in connection with the
Project; living expenses in connection with out-of-town
travel; long distance communications, and fees paid for
securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants.
5,1.3 Expense of data processing and photographic pro-
duction techniques when used in connection with Addi-
tional Services.
5.1.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock-ups re-
quested by the Owner.
5.1.6 Expense of any additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally carried by the
Architect and the Architect's consullants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An initial payment as set forth in Paragraph 14.1 is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monlhly and shall be in proportion to services per-
formed within each Phase of services, on the basis set
forth in Arlicle 14.
6.1.3 If and to lhe extenl that the Contract Time inilially
established in the Contract for Construction is exceeded
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or extended through no fault of the Architect, compensa-
tion tor any Basic Services required for such extended
period of Administration of the Construction Contract
shall be computed as set forth in Paragraph 14.4 for Addi-
tional Services.
6.1.4 When compensation is based on a percentage of
Construction Cost, and any porlions of the Project are
deleted or otherwise not constructed, compensation for
such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
wilh the schedule set forth in Subparagraph 14.2.2, based
on (1) the lowest bona fide bid or negotiated proposal or,
(2) if no such bid or proposal is received, the most recent
Statement of Probable Construction Cost or Detailed Esti-
mate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architecrs Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architecrs
compensation on account of penalty, liquidated damages
or other sums withheld from payments to contractors, or
on account of the cost of changes in the Work other than
those for which lhe Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINA nON
6.4.1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall
be compensated for all 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 defined in Paragraph
10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation
shall be equitably adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on
the basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of serv-
ice are and shall remain the property of the Architect
whether the Project for which they are made is executed
or not. The Owner shall be permitted to retain copies, in-
cluding reproducible copies, of Drawings and Specifica-
tions for information and reference in connection with the
Owner's use and occupancy of the Project. The Drawings
and Specifications shall not be used by the Owner on
AlA DOCUMENT .141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 19n . AlA- . <C/19n
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
B141-1977 7
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other projects, for additions to this Project, or for comple-
tion of this Project by others provided the Architect is not
in defauh under this Agreement, except by agreement in
wriling and with appropriate compensation to the Archi-
tect.
8.2 Submission or distribution 10 meet official regula lory
requirements or for other purposes in connection with the
Project is not to be construed as publication in derogation
of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other malters 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 mutu-
ally agree otherwise. No arbitration, arising out of or re-
lating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional person not
a party to this Agreement except by written consent con-
taining a specific reference to this Agreement and signed
by the Architect, the Owner, and any other person sought
to be joined. Any consent to arbitration involving an ad-
ditional person or persons shall not constitute consent to
arbitration of any dispute not described therein or with
any person not named or described therein. This Agree-
ment to arbitrate and any agreement to arbitrate with an
additional person or persons duly consented to by the
parties to this Agreement shall be specifically enforceable
under the prevailing arbitration law.
9.2 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 matter 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 olher matter in question would be
barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fauh of the party initiating the termination.
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect
in the event that the Project is permanently abandoned.
10.3 In the event of termination not the fault of the Ar-
chitect, the Architect shall be compensated for all services
performed to termination date, together with Reimburs-
able Expenses then due and all Termination Expenses as
defined in Paragraph 10.4.
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10.4 Termination Expenses include expenses directly at-
tributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total Basic and Additional Compensa-
tion earned to the time of termination, as follows:
.1 20 percent if terminalion occurs during the Sche-
matic Design Phase; or
.2 10 percent if termination occurs during the Design
Development Phase; or
.3 5 percent if termination occurs during any subse-
quent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Architect.
11.2 Terms in this Agreement shall have the same mean-
ing as those in AlA Document A201, General Conditions
of the Contract for Construction, current as of the date
of this Agreement.
11.3 As between the parties to this Agreement: as to all
.acts or failures to act by either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the rele-
vant Date of Substantial Completion of the Work, and as
to any acts or failures to act occurring after the relevant
Date of Substantial Completion, not later than the date of
issuance of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult-
ants, agents and employees of the other for damages cov-
ered by any property insurance during construction as set
forth in the edition of AlA Document A201, General Con-
ditions, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar waivers from their contractors, consultants and
agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representa-
tives of such other parly with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer any interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree-
ments, either written or oral. This Agreement may be
amended only by written instrument signed by both
Owner and Architect.
8 1141-19"
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 19n . AlA. . 01977
THE AMERICAN INSTITUTE OF ARCHITECTS, 17JS NEW YORI( AVENU~, N.W., WASHINGTON, D.C. 20006
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ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1
AN INITIAL PAYMENT of
o
dollars ($ 0
shall be made upon execution of this Agreement and credited to the Owner's account as follows:
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
(Here insert basis of compensarion, including fixed amounls, multiples or pNcMr.Jlies, and idenlify Phases to which parlicuf.., methods 01 compensa-
tion apply, if necessary.)
8 percent of the Construction Cost of the Project.
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
(Include any additional Phases as appropriare.J
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Twenty
Fifteen
Fifty
Five
Ten
percent <20 %)
percentll5 %)
percent <50 %)
percent ( 5 %)
percent llO %)
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT . THIRT~ENTH EDITION. JUlV 19n . AlA. . @1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
1141-1977 9
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14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in-
cluded in Article 1S as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
(H~r~ insert basis 01 compeonsation. including rates andlor multiples 01 Direct PPfsonnel Expense 10f Principals and employees. and identify Princip.Jfs
and clauily employees, if r~;red. Identify specific services to which p.Jrticular methods of compensation apply, it nt'Cesnry.J
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Principals:
Kurt W. Meyer
Keith R. McClure
$100.00 per Hour
75.00 per Hour
Charged at 2.5 times direct payroll expense.
Employees:
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 Or identified in Article 1S as part of Addi-
tional Services, a multiple of one point one five (1.15 \ times the amounts billed
to the Architect for such services.
Odenlily specific types of consultants in Arlide 15. il required.)
14.5 FOR REIMBURSABLE EXPENSES, as described in Article S, and any other items included in Article 15 as Reim-
bursable Expenses, a multiple of one point one five ( 1.15 ) times the amounts ex-
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence t~ere~f, at the legal rate prevail(ng at. the principal place of
business of the Architect.1.5% per month beglnnlng 30 days after lnVOlce date.
(Hell!! insert any rate 01 inletest agreed upon.)
(UUlfy laws and requirements under the Federal Truth in Lending Act. similar Sl.lll? .and local consumer credit JaWi and other rt!Bu/~rjons ..t lhc
Owner's ~nd Archirecl's princi,nl p/~c~s 01 business, the loc~rion 0' Ihe Pro;ect ~nd elsewhere m~y ~Hecl the v~lidjty 0' this provision. SPKific le~1
~dvice should be obl~ined wirh respect to delelion, modific~lion, or other re.qu;rcmflOnu such ~f wrillcn disclosures or w~iver~.J
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within sixteen
(Hi months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
10 .141-1977
AlA DOCUMENT 1141 . OWNER.ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 19n . A'A-. @19n
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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ARTICLE 15
OTHER CONDITIONS OR SERVICES
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1. Estimated Construction Cost. (This is not a fixed limit of Construction ~.~.
Cost. Construction Cost will be determined as the design and program
is developed under Article 3). $560,000
2. Estimated Architect's Fee (This is not a fixed limit. Architect's Fee
will be in accordance with Article 14). $44,800
3. No work shall be accomplished before receiving the Notice-To-Proceed, which
will be issued by the Authority of the City of San Bernardino, Director
of Public Works/City Engineer.
4. Official Representatives:
City of San Bernardino: Roger Hardgrave, Director of Public
Works/City Engineer
Kurt Meyer Partners: Keith R. McClure, Director of Inland
Empire Division
5. Time Schedule:
Schematic Drawings
Preliminary Drawings
Working Drawings and Specifications
Bidding Procedure
Construction Period
30 days
30 days
60 days
30 days
180 days
AlA DOCUMENT 1141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION' JULY 19n . AlAe. C),m
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WI\SHINGTON, D.C. 20006
1141-1977 11
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This Agreement entered into as of the day and year first written above.
OWNER
CITY OF SAN BERNAROINO
300 NORTH "0" STREET
SAN BERNARDINO, CALIFORNIA 92418
ARCHITECT
KURT MEYER PARTNERS, INC.
440 WEST COURT STREET, SUITE 100
SAN BERNARDINO, CALIFORNIA 92401
BY
BY
12 1141-1977
AlA DOCUMENT 1141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1917. AII\.. (01977
THE AMERICAN INSTITUTE Of ARCHITECTS, 17]5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
) -.J \)