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HomeMy WebLinkAboutContracts & Agreements_10-1963N O z N z W U 0 A a a W M A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT 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 compensation. Copyright 1948-1951-1958 © 1961 by The American Institute of Architects, 1735 New York Ave., N.W., Washington 6, D. C. N vember THIS AGREEMENT made as of the ------- 2 ° l h---------------------- day of ---°� --___ NaOx=_----� in the year Nineteen Hundred and r-Aa�-Thee--_____------------------------------------------------- by and between - -- the --City c�%_�ed�anc�� —ar �lur�ac ��l Gc�r�axatiar�� Redlands a—C� Morn a ~- _ ----------------- I ------ —---------------- --- —------------------------ -------------------------------------------- hereinafter called the Owner, and m—G•_ Paul, T3,1mora__ IA_an_d _��n� N �—Js:: �ai�e� '—�` � Msociated Architects -r — ----------------------------------- ---r----- _----- ____-..—__..-__---------------------------------- hereinafter called the Architect, WITNESSETH, that whereas -the Owner intends to erect _-' -------Fare—Station and— xpurtertances — hereinafter called the Project. NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter named, agree as follows: A The Architect agrees to perform, for the above -named Project, professional services as hereinafter set forth. 0 a a 0 B The Owner agrees to pay the Architect for such services a fee of __ "`__Fight___" _____________ per cent of the construction cost of the Project, with other payments and reimbursements as hereinafter provided, the said percentage being hereinafter called the Basic Rate. ___ C The parties hereto further agree to the following 5 PAYMENTS conditions: 1 THE ARCHITECT'S SERVICES The Architect's professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings, for architectural,. structural, plumbing, heating, electrical, and other mechanical work; assistance in the drafting of forms of proposals and contracts; the issuance of Certificates for Payment; the keeping of accounts and the general .administration of the construction contracts, 2 REIMBURSEMENTS The Owner is to reimburse the Architect thICUMOCU w I the cost of any special consultants other than for normal plumbing, heating, electrical, and other me- chanical work, and other disbursements on his account approved by the Owner. 3 4 EXTRA SERVICES AND SPECIAL CASES If the Architect is caused extra drafting or other ex- pense due to changes ordered by the Owner, or due to the delinquency or insolvency of the Owner or Contrac- tor, or as a result of damage by fire, he shall be equitably paid for such extra expense and the service involved. Work let on any cost-plus basis shall be the subject of a special charge in accord with the special service - required. if any work designed or specified by the Architect is abandoned or suspended, in whole or in part, the Archi- tect is to be paid for the service rendered on account of it. 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 251110 of the basic rate computed upon a reason- able estimated cost. During the period of preparation of specifications and ,general working drawings, monthly payments aggregat- ing at the completion thereof, a sum sufficient to in- crease payments to 75170 of the rate or rates of com- mission arising from this Agreement, computed upon a reasonable cost estimated on such completed specifica- tions and drawings, or if bids have been received, then computed upon the lowest bona fide bid or bids. l;rbrn time to time.during the execution of work and in proportion to the amount of service rendered by the Architect, payments shall be made until the aggregate of all payments made on account of the Architect's com- pensation under this Article, but not including any covered by the provisions of Article 4, shall be a sum equal to the rate or rates of commission arising from this Agreement, computed upon. the final cost of the Project.' v Payments to the Architect, other than those on his compensation, fall due from time to time as his work is done or as costs are incurred. J No deductions shall be made from 'the Architect's compensation on account of penalty, liquidated dam- ages, or other sums withheld from payments to con- tractors. 6 INFORMATION FURNISHED BY OWNER The Owner shall, so far as the work under this Agree- ment may require, furnish the Architect with the follow- ing information: A complete and accurate survey of the building site, giving the grades and lines of streets, pave- ments, and adjoining properties; the rights, restrictions, easements, boundaries, and contours of the building site; and full information as to sewer, water, gas and electrical service. The Owner is to pay for borings or test pits and for chemical, mechanical, or other tests when required. The Owner shall provide all legal advice and services required for the operation. / GENERAL ADMINISTRATION a) The Architect shall check and approve samples, schedules, shop drawings and other submissions only for conformance with the design concept of the Project and for compliance with the information given by the Con- tract Documents, prepare change orders and assemble written guarantees required of the Contractors. b) The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work and he will not be responsible for the Contractors' failure to carry out the construction work in accordance with the Contract Documents. Dur- ing such visits and on the basis of his observations while at the site, he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contrac- tors, and he may condemn work as failing to conform to the Contract Documents. Based on such observations and the Contractors' Applications for Payment, he will determine the amount owing to the Contractor and will issue Certificates for Payment in such amounts. These Certificates will constitute a representation to the Owner, based on such observations and the data comprising the Application for Payment, that the work has progressed to the point indicated. By issuing a Certificate for Pay- ment, the Architect will also represent to the Owner that, to the best of his knowledge, information and be- lief, based on what his observations have revealed, the quality of the work is in accordance with the Contract Documents. He will conduct inspections to determine the dates of substantial and final completion and issue a final Certificate for Payment. c) If more extensive representation at the site is re- quired, the conditions under which such representation shall be furnished and a Project Representative selected, employed and directed, shall be agreed to by the Owner and the Architect and set forth in an exhibit to this Agreement. S PRELIMINARY ESTIMATES When requested to do so the Architect will furnish pre- liminary estimates on the cost of the Project, but he does not guarantee such estimates. 9 CONSTRUCTION COST OF THE PROJECT The construction cost of the Project, as herein referred to, means the cost to the Owner, but such cost shall not include any Architect's or special consultants' fees or reimbursements or the cost of a Project Inspector. When Iabor or material is furnished by the Owner below its market cost, the cost of the work shall be com- puted upon such market cost. 10 74AiBC7471EQtbi�i>e�6 I SUCCESSORS AND ASSIGNS The Owner and the Architect, each binds himself, his partners, successors, legal representatives, and assigns to the other party to this Agreement, and to the part- ners, successors, legal representatives and assigns of such other party in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agree- ment without written consent of the other. 12 ARBITRATION Arbitration of all questions in dispute under this Agree- ment shall be at the choice of either party and shall be in accordance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects. This Agreement shall be specifically enforceable under the prevailing arbitra- tion law and judgment upon the award rendered may be entered in the court of the forum, state or federal, hav- ing jurisdiction. The decision of the arbitrators shall be a condition precedent to the right of any legal action. 13. The Architect will provide fifteen (15) sets of Plans and Specifications for biddin and construction purposes. Additional sets, if needed, will be paid for by the Owner. 14. Drawing, and specifications shall be the property of the City of Redlands. (Replaces Condition CIO.) IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written. CITY F Z;D ANDS Owner Ty I AIUI NkCRR