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'CITY OF SAN BERNARDINO - REQ~~eS~' ';O~2~OUNCI.tt~;ON
ROGER G. HARDGRAVE
Authorization to Execute
RESIDli'9!nW1iAgreement -- Provision of
I, 'AftlEli.itectural Services for
m261CV 24 c"C.q,nstruction of Senior Citizen's
I" C..e~r in Perris Hill Park
From:
Dept:
Public Works/Engineering
November 18, 1986
Date:
~
.,.,
Synopsis of Previous Council action:
June, 1986 -- Allocation of $60,000 from CDBG Funds, approved to
finance the cost for preparation of plans, specifications
and estimate.
Recommended motion:
Adopt Resolution.
cc: Ray Schweitzer, Acting City Administrator
Annie Ramos, Director - Park and Rec.
Ralph Prince, City Attorney
Ken Henderson
a sf/?~
Contact person:
ROr.FR r. HAROr.RAVF
Phone:
sn?s
Supporting data attached:
Agreement & Staff Report
Ward:
2
1'10 I .T't.,-.r,.r.r/
1986-87 CDBG
FUNDING REQUIREMENTS:
Fund Program
Amount:
$46,000
Sou rce:
Finance: tJ...
t;'K
.A...
Council Notes:
1
75-0262
Aaenda Item NO,~.
CIT~ OF SAN BERNARDltlIt) - REQUE$tT FOR COUNCIL ACT'~N
\
STAFF REPORT
Requests for proposals were sent to the following architectural
firms:
1. Kurt Meyer Partners
2. Denny Jones, A.I.A.
3. Michael J. Murphy Associates
4. Wol ff, Lang Chri stopher, Archi tects, Inc.
5. L.A. Wainscott and Associates, Inc.
6. Joseph E. Bonadiman and Associates
7. Roger L. Grulke, Architect
8. Jimmie Cartee, Architect
Proposals were received from the following:
1. Kurt Meyer Partners
2. L.A. Wainscott and Associates, Inc.
3. Joseph E. Bonadiman and Associates
4. Roger L. Grulke, Architect
5. Jimmie Cartee, Architect
Representatives from these firms were interviewed on September 30,
1986, by the panel listed below:
1. Richard Bennecke, Administrative Assistant to the Mayor
2. Phil Arviso, Executive Assistant to the Common Council
3. Anne Rhodes, Superintendent of Community Services
4. Susan Chow, Assistant to the City Administrator
5. Roger G. Hardgrave, Director of Public Works/City Engineer
After a very careful review of the outstanding proposals, the panel
selected Kurt Meyer Partners as being the best qualified to provide
the needed architectural services at this ti me.
The proposed agreement provides, in general, that Kurt Meyer
Partners will provide normal architectural services for a lump sum
fee of $46,000.00. This fee represents about 8Z of the project
construction cost limit of $567,000.00. Soil tests and a site
survey will be provided by the City.
Funds have been allocated for resurfacing the parking lot opposite
Harrison Street. Additional funds will be needed for a storm
drain to East Twin Creek Channel. These funds will be included in
our recommended 1987-8B Storm Drain Construction Fund Budget.
We recommend that the Agreement be approved.
2
75.0264
11-18-86
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH KURT MEYER PARTNERS RELATING TO
3 PROVIDING ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A SENIOR
CITIZEN CENTER IN PERRIS HILL PARK.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with Kurt Meyer Partners relating to providinQ
9 architectural services for construction of a Senior Citizens
10 Center in Perris Hill Park, a copy of which is attached hereto,
11 marked Exhibit "A" and incorporated herein by reference as fully
12 as though set forth at length, but such award will be effective
13 only upon the contract being fully signed.
14
SECTION 2. The contract authorized by this resolution
15 shall not take effect until fully signed and executed by both
16 parties. Neither party shall be obligated hereunder unless and
17 until the contract is fully executed and no oral agreement
18 thereto shall be implied or authorized.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21
22
Bernardino at a
meeting thereof, held on the
day of
, 1986, by the
23 following vote, to-wit:
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AYES:
Council Members:
NAYS:
ABSENT:
11-18-86
City Clerk
-1-
1 The foregoing resolution is hereby approved this
2 day of , 1986.
3
4 Mayor of the City of San Bernardino
5 Approved as to form:
6 /24 wr/M:Z
Ci~ney
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-2-
11-18-86
THE AMERICAN J"lSTITUTE OF A.RCHITECTS
I
AlA Document 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDmON
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODifiCATION
AGREEMENT
made as of the 23rd
Hundred and EIGHTY-SIX
day of OCTOBER
in the year of Nineteen
'-
BETWEEN the Owner: CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
and the Architect:
KURT MEYER PARTNERS
440 West Court Street, Suite 100
San Bernardino, CA 92401
For the following Project:
(Include detailed description of Project location and scope,}
Senior Citizen Center of 5,400 square feet, in Perris Hill Park, San Bernardino, CA.
Storm drainage system design, 'funding and construction and parking lot resurfacing
design, funding and construction are ~rovided under a seperate project.
Preparation and processing of the environmental review documents are not a part of the
scope of services of this contract.
Design considerations: See continued on page two.
The Owner and the Architect agree as set forth below. '
Copyright 1917, 1926. lCJ.48, 1951, 1953, 1958, 1961, 1963, 1966. 1967, 1970, 1974, i9 1977 by The Americ,)" Inslitule
of Atchitects, 17)5 New Yorir. Avenue. N.W., W.1shington. D.C. 20006. Reproduction oi the material herein Of
subslan!1I1 quotation of ils provisions wilhoul permission of the AlA viol.!le, tne copyright I.lws oi the United
States and will be subiect to leIP1 protecution.
AlA DOCUMENT 11.' . OWNER-ARCHITECT ACREEMENT . THIRTEENTH EDITION. IULY 1977 . AlA- . @1977
THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINCTON, D.C. 20006
8141-19" 1
11-18-86
0)
',-
Deslgn Considerations:
The plans and specifications shall be prepared in accordance' with the Uniform Building
Code, 1982 Edition, Standards promulgated by the State Architect for Accessibility by
the Handicapped, energy conservation measures, and other applicable codes. Special
consideration will be given to Section VIII - Facility, from the Senior Center Standards -
Guidelines for practice, published by the National Institute of Senior Centers.
The following features will be incorporated into the design of this center. Dimensions
shown are nominal and may be adjusted during plan development,
1. Building Size - 5,400 square feet.
2. Full Service Commercial Kitchen - 1,400 SQ. ft. The kitchen shall provide a food
preparation area, cooking/baking area, serving line, refrigerator and freezer,
dishwasher, storage and receiving area.
3. Multi-purpose Room - 40' x 50', with operable room divider.
4. Two Activity Rooms - 20' x 20' each.
5. Lobby - 20' x 25', with a reception counter.
6. Office - 10' x 12', with windows to the lobby, multi-purpose room, and both
activity rooms.
7. Counseling Room - 8' x 12'.
8. Separate P. A. system.
9. Audio/Visual Distribution system - Wired for seperate component utilization of
tuner/amplifier, tape and television.
B141-1977 2
,,(,j)
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
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.S 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 charolcter 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 tinal 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 ..hall visit the site at intervals ap-
propriate to the stage of 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 Of 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 8141. OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDmON . lUlY 1977 . AIN8 . @1977
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006
01
B141-1977 3
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
evaluations of the Contractor's Applications for Payment,
and shall issue Certificates for Payment in such amounts.
as provid~d in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall
constitute a representation by the Architect to the Owner,
based on the Architect's observations at the site as pro-
vided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work
has progressed to the point indicated; that. to the best of
the Architect's knowledge, information and belief, the qual-
ity of th~ Work is in accordance with the Contract Docu-
ments (subject to an evaluation of the Work for con-
formance with the Contract Documents upon Substantial
Completion, to the results of any subsequent tests re-
quired by or performed under the Contract Documents,
to minor deviations from the Contract Documents cor-
rectable prior to compleiion, and to any specific qualifica-
tions stated in the Certificate for Payment); and that the
Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has made any
examination to ascertain how and for what purpose the
Contractor has used the moneys paid on account of the
Contract Sum.
1.5.9 The Architect shall be the interpreter of the re-
quirements of the Contract Documents and the judge of
the performance thereunder by both the Owner and
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 Contractor. 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.
1.5.1~ 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
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 Docu-
ments. whether or not such Work be then fabricated. in-
stalled or completed.
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples. but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap-
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for
the Owner's apprQval and execution in accordance with
the Contract Documents, and shall have authority to order
minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the Contract
Documents. .
1.5.15 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completidn and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required bv the Contract Documents and assembled by
the Contractor, and shJH issue a final Certificate for Pay-
ment.
1.5.16 The extent of the duties. responsibilities and lim-
itations of authority of the Architect as the Owner's rep-
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con-
tractor and the Architect.
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.
4 8141-1977
AlA DOCUMENT 8141. OWNER-ARCHITECT ACREEMENT . THIRTEENTH EDITION. JULY l'li:' . AlA'S! . @1977
THE AMERICAN INSTITUTE Of ARCHITECTS, 1i35 NEW YORK AVENUE, NW" WASHINGTON, D.C. 20006
J,
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
Basic 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 "" ork damaged by fire or other cause during con-
struction, and furnishing services a5 may be required in
connection with the ..,placement 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 u.nder 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 operalion.
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 architectura!. 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 authorities 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 equipment 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 other costs which are the
respOQsibility of the Owner, including those described in
this Article 2 and in Subparagrapb 3.1.2. The Ownershall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
AlA DOCUMENT 1141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. IULY 19n . AlA- . @1977
THE AMERICAN INSTITUTE OF ARCHITECTS. 17lS NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
?
8141-1977 5
u"the Owner shall designate, when necessary;--'" rep-
resentative authorized to act in the Owner's behalf with
respect to the Project. The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Architect's services,
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin-
ing property; rights-of-way, restrictions, easements, en-
croachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete
data pertaining to existing buildings, other improvements
and trees; and full information concerning available serv-
ice and utility lines both public and private, above and
below grade, including inverts and depths.
2.5 The Owner shall furnish the services of soil engi-
neers or other consultants when such services are deemed
necessary by the Architect. Such services shall include test
borings, test pits, soil bearing values, percolation tests, air
and water pollution tests, ground co<<osion and resistivity
tests, including necessary operations for determining sub-
soil, air and water conditions, with reports and appropri-
ate professional recommendations.
2.6 The Owner shall fumish structural, mechanical,
chemical and other laboratory tests, inspections and re-
ports as required by law or the Contract Documents.
2.7 The Owner shall furnish all legal, accounting and in-
surance counseling services as may be necessary at any
time for the Project, including such auditing services as
the Owner may require to verify the Contractor'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 through 2.7 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof,
2.9 If the Owner observes or otherwise becomes aware
of any fault or defect in the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the 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
Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 OEflNmON
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the 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 the Owner and any equipment which has been de-
,"-- -~-~~~----
signed, speclm!tl, selected or specially provided for by
the 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, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Arti-
cle 2.
3.2 RESPONSIIIUTY fOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budget, State-
ments of Probable Construction Cost and Detailed
Estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a
design professional familiar with the construction indus-
try. It is recognized, however, that neither the Architect
nor the Owner has control over the cost of labor, mate-
rials or equipment, over the 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 represent that bids or
negotiated prices will not vary from the Project budget
proposed, established or approved by the Owner, if any,
or from any Statement of Probable Construction Cost or
other cost estimate or evaluation prepared by the 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 Architect shall be permitted to include con.
tingencies for de.ign, bidding and price escalation. to de-
termine what materials, equipment, component systems
and types of construction are to be included in the Con-
tract Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract Docu-
ments alternate bids to adjust the Construction Cost to the
fixed limit. Any such fixed limit shall be increased in the
amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction,
3.2.3 If the Bidding or Negotiation Phase has not com-
menced within three months after the Architect submits
the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be ad-
justed to reflect any change in the general level of prices
in the construction industry between the date of submis-
sion of the Construction 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 negotiated pro-
posal, the Owner. shall (1) give written approval of an
increase in such fixed limit, (21 authorize rebidding or re-
negotiating of the Project within a reasonable time. (3) if
the Project is abandoned, terminate in accordance with
Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction
Cost. In the case of HI, provided a fixed limit of Construc-
tion Cost has been established as a condilion of this Agree-
menl, the Architect, without additional charge, shall mod.
ify the Drawings and Specifications as necessary to comply
6 .141-1977
AlA DOCUMENT 1141 . OWNER.ARCHITECT AGREEMENT. THIRTEENTH EDIllON . JULY 197i . ^IA~. @1977
THE AMERICAN INSTITUTE Of ARCHITECTS. 1715 NEW YORK AVENUE, N.W., WASHINGTON, D.C 2000ft
.L./
'~'7
.
with',.,,, fixed limit. The providing of such service.........1I 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 porllon 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-
pensallon for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi-
tect's employees and CQ/lsultants 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. 1.
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
overllme work requiring higher than regular rates.
5.1.5 Expense of renderings. models and mock-ups re-
quested by the Owner.
S.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 consultants.
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 monthly and shall be in proporllon to services per-
formed within each Phase of services. on the basis set
forth in Article 14.
6.1.3 If and to the extent that the Contract Time initially
establi,hed in the Contract for Construction is exceeded
or extend"'jough 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 portions 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
with 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 ESlI-
mate of Construction Cost for such portions of the Project.
&.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article S shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.3 PAYMENTS WITHHELD
&.3.1 No deductions shall be made frorn the Architect's
compensation on account of penalty, riquldated 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 TERMINATION
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 wri tten 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 10 Additional Services Jnd services performed on
the b.1S1S of J Multiple of Direct Personnel Expense shall
be kept on the baSIS of generally Jccepted Jccountlng
prinCiples Jnd shall be Jva.lable to the Owner or the
Owner's .lUthorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings Jnd 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 In<l Specifica-
tions for information and reference in connectIOn with the
Owner's use and occupancy of the Prolect. The Drawings
and Specifications shall not be used by the Owner on
1.
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDIllON . JULY 1977 . AlA" . @ 1977
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006
Transportation, living expenses and long-distance communications
San Bernardino Counties are not reimbursable.
8141-1977 7
within L.A. and
/. ...:
other projects, for additions to this Project, or for comple-
tion of this Project by others provided the Architect is not
in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Archi-
tect.
8.2 Submission or distribution to meet official regulatory
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 matters 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 other 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 fault 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
perforlned to termination date, together with Reimburs-
able Expenses then due and all Termination Expenses as
defined in Paragraph lOA.
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 termination 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 party 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 8141-1977
AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1'.m . AIA@. @1977
THE AMERICAN INST1TUTE OF ARCH1TECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON. D,C. 2C006
~
=
-
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 ($
o
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 1S
as part of Basic Services, Basic Compensation shall be computed as follows:
(H~,~ insert !wit 01 eompMs.tion. incfudin, fixed amountJ, multipla or ~~UJt's. MId identify phnes fa which ".'ticulv methOth 01 COftIpe'nY-
lion 'PP'y, il n<<envy.' .
Lump Sum Fee of $46,000.00.
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:
(lnc/lld. MlY ~dditjon~1 Ph~el .1 apptopt;.teJ
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Twenty
Fifteen
Fifty
Five
Ten
percent (20 %)
percent(15 %)
percent(50 %)
percent ( 5 %)
percent(lO %)
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 h41 . QWNER.ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1m . AIA-. to 1977
THE AMERICAN INSTITUTE Of ARCHITECTS, 17lS NEW YORK AVENUE, N.W., WASHINCTON, D.C. 2OOD6
1141-1977 9
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 lS as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
. (Here ime,t buis 01 ~u.lion. includin, files ~/or muWples 01 Direct ~IOIIMI Experue lor Principiis and .mployMJ. Mtd id.ntily P,incip.J1s
and dMJily emplOyHS. if required. ldMhly sp<<ific servim 10 which p,.,r;culi1lr tMrhods 01 cotnpeonsi1Ilion 'PP1y. il neassU'f.J
Schedule of Compensation
1 January 1986 - 31 December 1986
$100.00/Hour
$ 75.00/Hour
Kurt W. Meyer
Keith R. McClure
Senior Architect
Architect
Construction Administrator
Sen ior Designer
Designer
Draftsperson
Jr. Draftsperson
Graphics/Clerical
2.5 times direct personnel
expense (DPE)
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 lS as part of Addi-
tionalServices,amullipleof one point one five (1.15 \ times the amounts billed
to the Architect for such services.
rlckmjly specific I~S 01 consultanlS in .....'liel. 1S, il ,equi,ftiJ
14.5 FOR REIMBURSABLE EXPENSES, as described in Article S, and any other items included in Article IS as Reim-
bursableExpenses,amultipleof 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 All sums due under this contract and not paid within 60 days after date of
invoice shall bear interest cnmmencing with the 60th day ~fter billing at
1% per month.
(He,e in"" MIY (.Ite 01 interMI i1I,rnd upon)
(Usury 'ilIWS and r.quiremenls unde, the F~'i1Il Truth in Lendin, Act. S1mil.JI st.lle.> i1Ind Iqci1Il consum., C1~" l..wl i1Ind Ofller '.8u1.ations lilt ,he
Owner's MKl ^,chit.cI'S prine;".1 plM:rs 01 busineu. the loc.lion 01 the 'rO;Kl ~nd elsrwhere m~., ~H<<r the v~lidjt';' 01 Ihi. pnwi.ion. SPKitic 11'8a/
Mlvice should". obt~inl'd with rl'.".ct 10 de/l'hon. modi/inrion. or other rl'QUirMtf'nu such ~, wriUcn disclosures or w~iW'rsJ
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
or area
14.7.1 IF THE SCOPE'bf 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 ei ghteen
( 18) 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, to reflect co~t of 1 iyilJCI incr:ease and
prolonqed project admlnlStratlon.
11 AlA DOCUMENT 114' . OWNER.....RCHITECT AGREEMENT. THIRTEENTH EDITION. IULY 19" . AlAe. C 19"
10 41-1977 THE AMERICAN INSTITUTE OF AaCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2CIDDi
ARTICLE 15
OTHER CONDITIONS OR SERVICES
1. No work shall 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.
2. 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
3. Time Schedule:
Program and Schematic Design Phase
Design Development Phase
Construction Document Phase
Bidding Phase
Construction Phase
30 Days
30 Days
60 Days
30 Days
180 Days
The above schedule does not include review time by the City Agencies or
Building Department Plan check.
5. Project Construction Cost Limit - $567,000.00.
6. Architect will provide a set of diazo mylar reproducable drawings to
the City of San Bernardino at the completion of the project.
AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. IULY 1977 . AIA8. @1977
THE AMERICAN INSTITUTE OF AIKHlTECTS, 1735 NEW YORK AVENUE, N_W., WASHINGTON, D.C. 20006
8141-1977 11
I
This Agreement entered into as of the day and year first written above.
ARCHITECT
KURT MEYER PARTnERS, I~C.
OVVNERCITY OF SAN BERNARDINO
300 North "0" Street
440 West Court Street, Suite 100
BY
BY
San Bernardino, CA 92418
12 1141-1977
AlA OOCUMINT I'M1 . OWNER.ARCHlTECT ACREEMENT . THIRTEENTH EDITION. IUl Y 1977 . AlA. . lD 1917
THE AMERICAN INSTITUTE OF ARCHITECTS. '735 NEW YORK AVENUE, N.W., WASHINCTON, D.C. 2000i