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HomeMy WebLinkAboutContracts & Agreements_3-1945 ARCHITECTSI CO TRACT THIS COPTRACT. made this dad' of , .� � IN y by and between the CITY OF REDLODS, a ,unicipal. corporation in the State ofC"orni.a o hereinafter called 1101 "i) and WILLIAM AUXN A D . C RGA I�E3T7I, Arc tett: , doing b�asines at 6112Wilshire Boulevard, Los Angeles, CPali:forniag hereinafter called. "ARCHITECTS". I d E t H-. THAT S? the City of Redlands proposes to erect the following public building on the following site within and owned by said City, to—wit: (1) A building to house the fire department according to Prelim — nary plans presented, to be Located on the comer of Citrus Avenue and Tenth Streett AND WHERE., William Allen and W. George Lutzi are bath certified Architects; ftjy licensed,in the State of California- . Now., THERMIE, for the considerations ons herein ter named.. the .. Martis-hre ..do" nee' taa cel t and,: a asca3es ARTICLE 1. Transition_;of : ntraet. This contract becomes effective according to the terms .co.ntained therein immediately upon the payment by the Owner to the Architects of the retaining fee hereinafter provided for. " TiCLE II. t es; cif the Arcitp'cts®® (a.) The Architects shall prepare preliminary sketches for all the proposed work, based on the owner's requ.i.rements3 and sha11. revise car... _ said ski es ; � ae ► i the Ovner, ed 0)) Tie Architects shy. thy: 011the ' s3 s of said ap�arcyv sketches, prepare a pl,ete set e ming dra gs spci fi c tions to enable and facilitate the. c onstructjonx of the Naiad;:,pr9 :sed (1) building, structure, facilities, improvements and appurtenances, including the landscaping of the respective site reasonably appurtenant to said respective improvements. During the preparation of the drawa.ngs and spec- ifications., the Architects shall consult, from time to time, and whetever requested to coo sea, with the Owtzer, and shall conform to the directions of the Owner in the Iter of building requirements in every reasonable re- spect which is consistent with good engineering and architectural, practice. (c) The Architects shall furnish all necessary architectural and engineering services, including structural €ngineeri ng, electrical engi- neering., heating and ventilating engineering, acoustical engineering, and landscaping architectural and engineering services. (d) The Architects shall assist and cooperate in the preparation, prosecution and submission of any and all Federal or other public agency aid or assistance applications, projects and/or proposals which the Owner may desire to submit,, make application for or prosecute, 3.n connection with the making of any an4or all of the proposed improvements; and shall assist in making any and all necessary cost estimates which may be re- quired in connection with wW such application, project or proposal. The Architects shall also cooperate with. all Federal or other public agency of- ficials or representatives concerned with any such application, proposal or project, to the end that the proceedings with reference thereto be expedited in conformance with the requirements of such Federal, or other publa.c agency. (, ) The Architects shall exercise personal professional supervision at the site during the construction of the work.. and shall., in consultation wz.th the Owner., determine all matters of color, texture., and selection of materials as are required for the work and ca of be adeauately described in the drawings and specifications, (g) The Architects shall furnish to the Owner., as many sets of brae prints of the drawings and specifications as my be required, not to exceed eight (8) sets of the building or improvement. .Addi.t`i.onal sets of drawings and specifications requested by the Owner shall be made and charged to the (2) Owner at actual cost of reproduction., and incidental expenses incurred. (g) The Architects shall perform all of the above mentioned services in a good and professional manner, and with reasonable speed and diligence. ARTICLE III, Regonsib4.lities of the Owner- (a) The Owner Shan pass upon preliminary sketches,, drawangs and specifications, and shall pass upon all que�tions which must be decided by the Owner for the proper performance of (the work, within a reasonable length of time after such documents or questions are submitted to them by the Architects, so that the Architects shall not be unduly delayed in the per— formance of their portion of the contract. (b) The Owner shall furnish the Arebitects with an necessary data relating to the site., such as levelsp soil tests, location Of utilities., boundaries., existing conditionsg etc., (e) The Owner shall pwi for or furnish all building permits., and inspections. ARTICLE LV. Professional Fee. (1) For the purposes of determining progress payments on the fees of the Architects hereunder., as hereinafter contemplated,, the respective im�- provement hereinabove referred to., the e-stamated construction cost is as follows: (a) A Fire Department Building, approximately $ 60,.000.00. (2)The total fee of the Arebitects payable under this agreement shall be an amount equal to seven per cent of the actual constructiqu,cost to the er, ma bove set forth of the �:: : as i's"anguished from the estl ted cost a improvement above mentioned. (5) For the purpose of determining progress payments prior to actual determination of such actual construction costes, the estimated costs of the improvement as stated above shall govern and be used, except as hereinafter provided. (4) Final adjustment of the actual fees hereunder shall be made when the actual costs of such improvement have been determined as hereinafter (5) set forth® (5) Fees to be paid in connection with the Fire Department Building shall be payable as follows: (a) A retaining fee shall be paid izmediately upon the execution and delivery- of this agreement which shall be in full payment for and cover all preliminary sketches and services rendered up to the time of commencement of actual preparation of the working dravings., in the am Of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 840.00 (b) 'When the working drawings., specifications and engineering ser- vices required are 55 1/6 per cent complete., an amount equal to 10 per cent of the total fee for such building or improv�ent., based on such estimated cost thereof, to- .t: - - - - - - - - - - - - - - - - - $ 420.00 (c) When the working drawings,, specifteations and engineering ser- vices required are 66 2/5 per cent complete., an amount e�ual to 10 per cent of the total fee for such building or improvement, based on such estimated cost thereof$ tc-wit: - - - - - - - - - - - - - - - - - $ 420.00 (d) When the working drawings.., specifications and engineering services required are fully completed, an amount equal to 10 per cent of the total fee for such building or improvement., based on such estimated cost thereof, to Nit:- - - - - - - - - - - - - - - -$ 420.00 (e) 'When the general contract for said building has been awarded., executed and delivered., together with the required bonds for faith- ful performance and to secure laborers and materialmen., an amount equal to the difference between 0- (1) 70 per cent of the total fee payable to the Architects on the contract price for the construction of said build- ink as expressed in such contract., and: (2) "the,maunts theretofot�&"Pd to the Architects under subdivisions (a) and (d),, both inclusives, of this paragraph (5) of this agreement. (f) When the actual construction of the building is 35 1/5 per cent complete, an amount equal to 10 per cent of the Architect's fee., based on such contract price,, shall be paid. (4) (g) Then the actual construction, of the building is 66 2/5 per cera complete., an amount equal to 10 per cent of the Axchiteetts fee, based on such contract pricey shall be paid. (h) Upon the actual completion and acceptance by the 0VMer of the building, the then remainder of the Archi.tectV fee shall,, be paid and shall be deterred by computing the Architects' t€xtal, fee of 7 per cent based on the actual construction costs of said building and by deducting therefrom all mounts on such fee so determined which may theretofore have been paid to the Architects under the provisions of subdivisions (a) to (g), both inclusive, of this paragraph (5) of this agreement. The amount of such difference shall be the amount to be paid at said time and the payment of such amount nhall fully' release and discharge the Owner from each and all, of its obligations under this agreement. It is provided, however,, that in the event the construction of the improvement hereinabove referred to is undertaken by any Federal or other public agency, administration,, authority or board and as a consequence no general contract is awarded As to such improvement or project, then and in that event the progress pqvents payable to the Architects upon such im- provement or project shall be computed and ascertained by resorting to the estimated construction coasts of the improvement as hereinabove set forth instead of to the contract price, until such time as the improvement so in- t lved has been completed and accepted by the Owner., whereupon the then re- mainder of the Architects' fees payable hereunder upon the improvement shall be determined by computing the A.rch:Ltectso total fee of seven per cent based can the actual construction costs of said improvement so involved and by deduicting t1ere m any amounts theretofore p eW to said Architects on their fees for said parti_cul.ar improvement. The amount of such differ- ence iff'erence shall be the amount to be paid at such time of actual completion and acceptance and the payment of such amount shall fully release and. discharges (5) the Owner from each and all of its obligations under this agreement as to the improvement concerned. For the purpose o-' determining the installment date, the date of the actual commencement of physical construction work by, through or on behalf of such Federal or other public agency, a.dm:Lnistration, authority or board, on the improvement of the project so concerned, on the site provided therefor, shall be substituted for the date of the actual execution and delivery of the rewired contract and bonds. All original instruments, plans, dra ings$ specifications, esti- mates,, data, computations and matter of every description of an architectural and engineering nature prepared by the Architects here- under and relating to the building or improvesent involved shall., as the same are prepared, be and remain the property of the Architects. Upon the fulfillment of this agreement (or upon such sooner deter- mination thereof as may otherwise occur) and the making by the Owner of the final payment, if any, to be made to the Architects upon such x""clfillment or sooner determination on said building, structure or project hereinabove referred to, the Architects shall concurrently with the delivery of the respective warrants representing such re- spective payments deliver to and file with the City Clerk of said City a copy of all instruments, plans, drawings, specications, esti- mates, data., computations and matter of every description of an archi..- tertural and engineering nature relating to said budding involved not theretofore delivered to the Owner and all of the same shall be and remain the property of the Ower. The Owners,,h evar, ;shy ;be al owed reasonable access to said original instruments, plans, drawings, specifications, estimates., data., etc., at all reasonable -tries for such uses or purposes as they may desire. (6) ARTICLE V. GhamzeS. (a) The Owner shall have the right to order changes made in preliminary sketches until a solution satisfactory to the Owner and Arcb.tects is achieved. (b) The Owner shall have the right to order changes in working drawings, specifications or engineering, prior to, during or after the completion, of said work. If said changes are of a minor nature and a, reasonable development of the drawinga and specifications, or if said changes are due to mistakes or negligence on the part of the Archi- tects' such changes shall be made without charge. Any changes in work- ing drawings, specifications or engineering, which are not of a minor nature and which are due to no fault of the Aschi bests, shall be paid for by the Ownerp in amount sufficient to reasonably compensate the Architects for the additional labor and expense to them. - Termination. In case the Owner shall, for any reason, decide not to erect the said building, or -shall i.ndeftnitely postpone the building th land shall direct the Architects to stop work on the drawings and specifi- cations, the Owner shall reimburse the Architects dor all work which shall have been performed by them under this contract on such building, or the plans or specifications therefor, up to the time of said. notice of termination, and in such case this contract may be terminated by either party without further liability to the other as to thepa,rticula,r bui1da ni nmac . .; "d' r�tbhrseerit.:shall.'be,:."Proarietn to xs g amount of work performed by the Architects. (7) ARTICLE 'LTi. Non-Assigment. The Architects shall not assign their obligations or interest under this contract to any other Terson or persons except bY written consent of the Cher. Qn1,y in case of dissolution, or death of both of the Archi_ tects of the firm of William Allen and W. George Lutzi, shall the Owner have the right to accept an assignment of the work by the Architects, to another Architect, or (except as above protided) to terminate the con- tract., ontract, upon payment to the Architects or thea,r heirs for the :pork per- formed up to that time. ARTICLE VIII. The parties hereto do hereby state and declare that at the present time they have in mind a structure and appurtenances for the improvement above referred to costing approsimatelythe amount for said improvement hersinabovO set forth; and the said Architects will use their beet skill and professional ability to design and provide specifications for said respective structure and improvement containing respectively such number of square 2eet as will fall within the said respective price .for said respective improvement hereinabove indicated. The Architects, however', hereby give as their best present opinion the statement that in their Okinion, based on present labor and material costs and reasonable possible feature coats , that the respective improvement above referred to can be reasonably and f4irly constructkd within the respective amount Limits or estimates hereinabove stated. MICLE I10. The parties hereto do hereby mutually covenant and agree to the fun and faithful performance of their respective obligations under this contract. IN WITNESS WHEFMF, the said Owner has hereunto caused its corporate name and seal to be hereunto subscribed and affixed by its proper officers ,first thereunto duly authorized and the said Archi- tects have hereunto caused their respective sig na' ares to be sub- scribed on behalf of themselves ves and thein respective survivors,, estates, heirs, executors' administrators, successors and representa- tives, as of the day and year first above written. CITY OF REDLANDS, a municipal corporation, By Ita Mayor. ATTEST: City Clerk. (SEAL) ARCHITECTS. The foregoing Contract is hereby approved by me as to form. Cit? Attaey.