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HomeMy WebLinkAboutContracts & Agreements_43-1983_CCv0001.pdf AGREEMENT 1. PARTIES This agreement is made by and between the CITY OF REDLANDS, California, a Municipal Corporation, hereinafter called the CITY, and WELDON J. FULTON, Associates, hereinafter known as ARCHITECT. This agreement is made in Redlands, California. 2. RECITAL This agreement is made with reference to the following facts: a) The City contemplates an addition to the Joslyn Senior Center located at 21 Grant Street, Redlands.* California, this addition of approximately 1800 sq. ft. to consist mainly of the extension of the Auditorium and the addition of a room suitable for four pool tables. This addition to be compatible to the existing building as to design and function. 3. AGREEMENT City and Architect agree as follows: General. Subject to the terms and conditions of this Agreement, City engages Architect to furnish the services hereinafter mentioned, at and for the compensation herein stipulated, and Architect accepts said engagement upon said terms and conditions and for the compensation stipulated. 4. Duties of Architect - Preliminary Planning Phase. During the preliminary planning phase, Architect agrees to do the following: a) Confer with the City Manager, the Parks and Recreation Director, the City Council and such other persons in the amploy of the City as may be necessary to ascertain the needs and desires of the City in connection with said project. b) Prepare preliminary plans and specifications which shall include floor plans and elevations necessary to adequately illustrate the architectural characteristics of the project and the nature of the facilities to be provided therein, and present the same for approval along with preliminary cost estimates, as follows: c) Construction drawings and specifications of adult recreation facility, within 100 days after completion of the preliminary study and action by the City Council thereon; d) Attend any meetings held by the City Council for the purpose of discussing such preliminary plans and specifications and preliminary cost estimates, and, if required by the City Council, to attend any meetings of interested citizens at which the proposed development is considered. (2) 5. Duties of Architect - Working Drawing Phase. On approval by the City of the preliminary plans, specifications and cost estimates, to prepare working drawings and specifications for the construction of the project, Architect agrees to do the following: a) Retain at his own expense competent structural, mechanical, and electrical engineers, licensed by the State of California and acceptable to the City to furnish respectively the complete structural, mechanical and electrical engineering required for the project, which such services shall include the preparation of the com- putations, estimates of cost, working drawings and specifications for the structural work, plumbing, heating, ventilating, and other mechanical work, and electrical work. The names and license numbers of the engineers so retained shall appear on all working drawings, speci- fications, and other data furnished by them . b) Working drawings and specifications shall conform to the minimum requirements of the Uniform, Building Code, 1979 Edition, published by the International Conference of Building Cfficials, as said Code has been adopted and amended by the City, and all other laws and ordinances in effect at that time, and such other requirements as may be imposed by the Building Superintendent of the City and the City Engineer. Working drawings and specifications shall consist of a complete and accurate set of architectural, structural engineering, mechanical, electrical and plumbing drawings fully dimensioned and noted, which clearly indicate all parts of the work and detailed specifications required to complete the entire improvement, including, but not necessarily limited to the general plot plan, concrete work, carpentry, plastering, heating, ventilating, electrical, plumbing, painting, roofing, the work, and hardware. c) Furnish the City 2 prints of the working drawings for checking and approval by City, and after making any necessary corrections or changes, furnish and deliver the original tracings, as corrected. The working drawings and scale details shall be made on high grade tracing paper with pencil. d) Furnish to the City 2 copies of detailed specifications of all construction embraced within said project for checking and approval by City, and after making any necessary corrections and changes, furnish the original master sheets, as corrected. e) Furnish to the City 2 copies of the forms of Agreement, Performance and Labor and Material Bonds, Proposal and General Conditions of Contract for checking and approval by City, and after making any necessary corrections and changes, furnish the original master sheets, as corrected. (4) f) Bid sets of plans and specifications by City. g) Furnish and deliver to the City cost estimates based upon the completed plans and specifications as approved by City. 6. Duties of Architect - Bidding Phase. On approval by the City of the working drawings, specifications, cost estimates, and bidding and contract documents, and if the City Council decides to subrr it the project for competitive bidding, Architect agrees to do the following: a) Assist the City in the solicitation of bids for the project; b) Examine all bids received if requested to do so, and assist the City in determining the lowest responsible bidder; C) In the event that the lowest responsible bid on the project exceeds the Architect's cost estimates, (adjusted for changes in costs as hereinafter provided) by more than 15% in the case of a new building, then Architect agrees to perform the following services as no additional cost to the City, if so ordered by the City Council: d)I Revise the working drawings and specifications in such a manner as will permit the securing of new bids thenon which do not exceed such cost estimates (adjusted for changes in costs as hereinafter provided) by more than 15%; e) For the purpose of this paragraph Architect's cost estimates shall be adjusted by adding or subtracting the percentage difference between the building cost i�- index of the Engineering News Record (20 cities' average) for the week in which such estimates are made and the same index for the week preceeding the date of opening bids. 7. Duties of Architect - Construction. If, after receipt of bids, the City Council decided to proceed and enters into a contract for performance of the construction embraced within a project, Architect agrees to do the following: a) Examine all shop drawings, catalogue data and lists of materials and equipment furnished by the contractor and advise the City as to any errors, omissions and deviations from, the working drawings and specifications. b) Furnish, at the request of the City of the contractor, such drawings and written memoranda as may be necessary to clarify the intent of the original drawings and specifications or to supply omissions therefrom. . C) Furnish consultation and advice to the City and the contractor during the construction or, remodeling. d) Furnish reasonable periodical architectural observation services throughout the entire construction, including necessary certificates to the City authorizing progress and final payments . e) Promptly call to the City's attention any deviations by the contractor, from the plans and specifications as finally approved by the City. f) Prepare such change orders as the City may require and such revised drawings and specifications as may be necessary to illustrate the changes specified therein. g) Assist the City in the determination of the reasonable cost of any work added to or deleted from the construction. h) Where the specifications, contract documents, building codes, laws, ordinances, or any public authority require any work to be specifically tested or approved, to examine the same prior, to the time such work is covered or accepted and advise the city of the result.-ss of such examination. i) As the project progresses and not later than 30 days after completion thereof, to have the General Contractor and his Sub-Contractors correct the final drawings, indicating all changes made by change orders affecting structural, mechanical or electrical work and all information shown on the record drawings as called for on the specifications, producing an "as built" set of the final working drawings. 8. Compliance with Federal Requirement. Architect shall be responsible for compliance with all federal laws, rules, regulations and requirements in so far as they apply to this project regarding preparation of plans and inspection of the construction Phase 11. Compliance is specifically required to the following listed federal requirements: (7) a) Davis Bacon Act: Architect must familiarize himself with prevailing wage scales for all architects, technical engineers, draftsmen and technicians who are employed by Architect or subcontractor to assure that prevailing wages and working conditions are observed. b) Equal opportunity employment requirements: Architect shall familiarize himself with the requirements of equal opportunity legislation, rules, executive orders and regulations to assure that he will maintain an equal opportunity for employment and shall not discriminate against any person or group of persons on account of race, color, national origin or sex. c) Architectural Barriers Act of 1968: Architect shall familiarize himself with the requirements for design and construction favorable to the handicapped, particularly the American Standard specification for making buildings and facilities accessible and useable by the Physically Handicapped. d) Clean Air Act and Federal Water Pollution Control Act: Architect shall familiarize himself with the requirements of these two acts to assure a design which is compatable. No limitation to these acts or other similar federal regulations, acts or rules is intended by this enumeration. (8) 9. Information to be Provided by City. City agrees to furnish without cost to Architect the following: a) Any soil tests reasonable required by Architect. b) Records and maps available in the City's files and any other information available to the City, including location of existing utilities, which will aid Architect in his studies for successful planning and designing of said project. c) Sample forms of Agreement, Performance Bond, Labor and Material Bond, Proposal and General Conditions of Contract for Architect's use and guidance in the preparation of bidding and contract documents. d) Construction Sets, (plans and specifications) for Bidding purposes. 10. Compensation of Architect. City agrees to pay Architect a fixed fee of nine thousand dollars ($9,000.00) for all services rendered by him under the provisions of this Agreement, and to the extent such services are so rendered. Compensation payable for each separate Phase of Services: Design Phase: Completed thirty-five percent (35%) Construction Documents Phase:Comp. forty-five percent (45%) Construction Phase: Completed twenty percent (20%) 11. Authority of Architect. During the construction phase Architect shall have such authority to act in behalf of the City as may be expressly delegated to him by the City Manager. He shall have no authority to authorize any changes or additions to or deviations (9) from the plans and specifications as finally approved by City except pursuant to a written change order signed by the City Manager. 12. Ownership of Drawings, Specifications, Etc. All drawings, plans, designs, specifications, calculations and reports furnished or prepared by Architect hereunder shall, upon completion of the services or termination of this Agreement, and before payment of the agreed compensation is made, to be delivered to the City and the City shall thereafter have sole right, title, and interest thereto and may make full use thereof. Executed this 7th day of November, 1983, at Redlands, Calif. CITY Of,,;P-"RED LAf�0 By Mayor Attest: 0 Clerk '7Z,/ Weldon J. FuW-6n, Architect FARA '10)