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Home My WebLink AboutContracts & Agreements_11-1961[�t THE STANDARD FORA OF AGREEMENT BETWEEN a� OWNER AND ARCHITECT • d v ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS, FOR USE WHEN A PERCENTAGE OF THE COST OF THE WORK FORMS THE BASIS OF PAYMENT, AND ENGINEERS' FEES ARE INCLUDED IN THE ARCHITECT'S FEE. SIXTH EDITION —COPYRIGHT 1948-1951 BY THE ANIERICAN INSTITUTE OF ARCHITECTS, WASHINGPON, D. C. THIS AGREE Eli T made the__..... ._?.L..........------------ day of_..._.May--------------- in the year Nineteen Hundred and_----Sixty--an.e------------------- -- by and between- THE CITY OF REDLANDS, A._VMNICIPAL CORPORATION Redlands_,.__Caalifornia --=-----------------------•---- ................ ---- - ------..hereinafter called the Owner, and C. PAUL ULMER ------------------=---------------------------------------------------------hereinafter called the Architect, WITNESSETH, that whereas the Owner intends to erect ............................................ _t_eci_..Qa_.t.he..s.:.tP__.�------- Brookside and Citrus Avenues in the City of Redlands California. .--- p--------- ----------------------------------•-----=-----............-----------==---------------I hereinafter called the Work, NOW, THEREFORE, the Owner and the Architect, for the considerations hereinafter named, agree as follows: The Architect agrees to perform, for- the above -named Work, professional serv- ices as hereinafter set forth. The Owner agrees to pay the Architect for such services a fee of------aioht..--.. per cent of the cost of the Work, with other payments and reimbursements as herein- after provided, the said percentage being hereinafter called the Basic Rate. --------------------------------=------------------- --------------- --------- -...._ a 0 n O s; o � N ^. b 1� •.a The parties hereto further agree to the following conditions: 1. The Architect's Services. —The Architect's professional services consist of the necessary con- ferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings, for architectural, struc- tural, plumbing, heating, electrical, and other mechanical work; assistance in the drafting of forms of proposals and contracts; the issuance of certificates of payment; the- keeping -of-aeeauttis; -the -gem m4_idm stra,taan..ai-the - usinQss_ and super- vision of the Work. 2. Reimbursements. —The Owner is to reim- burse the Architect tie Bess-efrs�c�rierr-a�� Uu,* s-I rutred..lw-biaL wd-his.-"siistan-ts--GIs Form B-121 (formerly B-102) and in proportion to the amount of service ren- dered by the Architect, payments shall be made until the aggregate of all payments made on ac- count of the fee under this Article, but not in- cluding any covered by the provisions of Article 4, shall be the sum equal to the rate or rates of com- mission arising from this agreement, computed upon the final cost of the Work. Payments to the Architect, other than those on his fee, fall due from time to time as his work is done or as costs are incurred. No deductions shall be made from the Archi- tect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contract to rs. 6. Information furnished by Owner. —The trxmhrrgirrdischm-gc-o-k-duties -corme tect-witt►-thr Uwner shall, so tar as the work under tnis agree- V7vrk;-thr-tmst-af-arlb-reprod-tmtiam-uf-drawings; ment may require, furnish the Architect with the the e6st`of any special consultants other than -for --following information: A complete and accurate normal plumbing, heating, electrical, and other me- survey of the building site, giving the grades and chanical work, and other disbursements on his ac- lines of streets, pavements, and adjoining properties; count approved by the Owner.. the rights, restrictions, easements, boundaries, and &-SeparaterCbn{r=tot—The-Basirc--Rate -ap- contours of the building site, and full information -lrlizs-to-work-let-urrdera�sirrgle-c®r�t�aet.-- �-a as to sewer, water, gas and electrical service. The -portions of tzork 4et-urrde�separte-eertaefis, Owner is to pay for borings or test pits and for -a%sa mrn-t-af-e ctra-service-thereby--requked,-tho chemical, mechanical, or other tests when re- ....�"_U .r_s. A_,'_i__c...,het nci;rrrl -49ly--Al-the Azf)-F1&-i-,so-let--the higher*rate-.shall apply- shall he-za- suelr 4mtease-on- -the- VRtmlring; 4eating; eleGtr-isal and -other- rntehaniea4-werle- er -ors-any- eon-tmGts in-connectiarr-widrwhich-the -Owner=teimbt uses speciaf-coasuf an& -fees- -ter the--AreMteet", articles- nur -desilmrd- -by- tine -Architect -but- pm- c mg,ed -un&-r dimeetic3n 4. Extra Services and Special Cases. —If the Architect is caused extra drafting or other expense due to changes ordered by the Owner, or due to the delinquency or insolvency of the Owner or Con- tractor, or as a result of damage by fire, he shall be equitably paid for such extra expense and the serv- ice involved. Work let on any cost-plus basis shall be the sub- ject of a special charge in accord with the special service -required. If any work designed or specified by the Archi- tect is abandoned or suspended, in whole or in part, the Architect is to be paid for the service rendered on account of it. 5. Payments. —payments to the Architect on account of his fee shall be made as follows, subject to the provisions of Article 4: Upon completion of the preliminary studies, a sum equal to 25110 of the basic rate computed upon a reasonable estimated cost. During the period of preparation of specifications and general working drawings monthly payments aggregating at the completion thereof a sum suffi- cient to increase payments to 7551c of the rate or rates of commission arising from this agreement, computed upon a reasonable cost estimated on such completed specifications and drawings, or if bids have been received, then computed upon the ,lowest bona fide bid or bids. From time to time during the execution of work The Owner shall provide all legal advice and services required for the operation. i. Supervision of the Work. --The Architect will endeavor by general supervision to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the per- formance of their contracts. The- generfl-supe-r- visiofl--o-f--the-�rel�itest i�xe_be..clistiatguished�rom. the• emAinuetts--on-site-of �_clerk,af rhe- ,VrMks When-=lTurized- by tbe--19 net;-a-eler"i-t-ire- weTks- -neeepta l-le -to- both - Qunsr- -an4 -Amb itect shall- be- engaged-b-p-thee-Arehtteet-at a-r,4aory-satis- factury-to- the-Gwmr--and -paid--by - the --®wader, upea-pfeserrtation -of -tla- AvchitwA's xuma rly. state= meats: 8. Preliminary Estimates -,When -requested to- do so the Architect will furnish preliminary es- timates on the cost of the Work, but he does not guarantee such estimates. 9. Definition of the Cost of the Work. — The cost of the Work, as herein referred to, means the cost to the Owner; but such cost shall not in- clude any Architect's or Special Consultants' fees or reimbursements or the cost of a clerk -of -the - works. When labor or material is furnished by the Owner below its market cost the cost of the work shall be computed upon such market cost. 10. ®wae�sl�ip-eft--L�or,�aaar�t�.—Brmvirtgs ttad- _scr-vice-ue�.the propez4y- oft� �relriteet- wl3etlter- the--wer.k- fox -rv#titl� -they--are -made-be-e�cecn�-car-r�ot,-a-z}d- are �Gt--ts-b�.usrd...� sthex_ urAr� e<Ycep.t ..[iy�.gxr�xncnt with -the- A-rehiteet. 11. Successors and Assignments. —The Owner and the Architect, each binds himself, his Farm B-121 (formerly B-102) partners, successors, legal representatives, and assigns to the other party to this agreement, and to the partners, successors, legal representatives and assigns of such other party in respect of all covenants of this agreement. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest 13. Reproduction of Documents: - in this agreement without the written consent of the other. 12. Arbitration. —All questions in dispute under this agreement shall be submitted to arbitra- tion at the choice of either party, in accordance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects. A. The Architect shall provide, at no expense to the Owner and in the number required, the preliminary plans and construction documents for the review and approval of the applicable public agencies. B. The Architect shall provide copies of the construction documents for bidding and construction purposes, the expense of which shall be borne as follows: Fifteen (15) sets by the Architect. Additional sets by the Owner. C. Drawings and specifications shall be the property of the City of Redlands. (Replaces Condition #10.) 14. The City of Redlands will clear the site, removing all foundations, concrete,paving, etc., leaving the area ready for grading. 15. The Architect's Plot Plan will show locations of buildings, paved areas and retaining walls, if any, and natural and finish grade and/or contours, normal access walks, etc., but will exclude from work to be done: (1) A C Paving and retaining walls, (2) Lands— caping, (3) any work outside the Property Line, which work will be planned and executed by others. The Owner and the Architect hereby agree to the full performance of the cove- nants contained herein. IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. CITY OF REDLANDS Owner BY.e... CI 67NAGER 1 Architect ---- ti>�- . -- ---•-----------