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HomeMy WebLinkAboutContracts & Agreements_3-1976_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 . RECITALS. This agreement is made with reference to the following facts: a) City contemplates the construction of an adult recreation facility and other improvements on property belonging to the City on a site approved by the Joslyn Foundation' s representative, Weldon J. Fulton. b) It is proposed that said adult recreation facility would provide leisure time activities for adults and include meeting rooms for various local groups and necessary facilities incidental to such uses, at an approximate cost of $275,000, exclusive of site development, landscaping, furnishings, and utilities to be brought to the building within 10 feet, and connections of same. Cost to be exclusive of Architectural Fee. Site clearance by others. 3. AGREEMENT. City and Architect agree as follows: a) General. Subject to the terms and conditions of this Agreement, City engaged 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. b) Initial Project. As presently contemplated the initial project will consist of the construction of the adult recreation facility referred to, located at 17 and 19 Grant Street. c) Information to be Provided by City. City agrees to furnish without cost to Architect the following: 1) Field survey for design purposes; 2) Any soil tests reasonable required by Architect; 3) 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 projects. 4) 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) Duties of Architect - Preliminary Planning_Phase. During the preliminary planning phase, Architect agrees to do the following: 1) Confer with the City Manager, the Parks and Recreation Directors, the City Council and such other persons in the employ of the City as may be necessary to ascertain the needs and desires of the City in connection with said project. 2) Prepare preliminary plans and specifications which shall include floor plans and elevations, perspective drawings in color and other drawings necessary to adequately illustrate the architectural character- istics of the project and the nature of the facilities to be provided therein, and present the same for approval along with preliminary cost estimates. 3) Attend any meetings held by the City Council, or other review agencies designated by the City Council, for the purpose of discussing such preliminary plans -2- 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. e) Duties of Architect - Working Drawing Phase. On approval by the City of the preliminary plans, specifications and cost estimates, to prepare within 150 days working drawings and specifications for the construction of the project, Architect agrees to do the following: 1) 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 computations, 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, specifications, and other data furnished by them. 2) Working drawings and specifications shall conform to the minimum requirements of the Uniform Building Code, 1973 Edition, published by the International Conference of Building Officials, 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 Director 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 -3- 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, tile work and hardware. 3) Furnish to the City 2 prints of the working drawings and structural calculations 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. 4) 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. 5) 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. 6) Furnish and deliver to the City cost estimates based upon the completed plans and specifications as approved by City. f) Duties of Architect - Bidding Phase. On approval by the City of the working drawings, specifications, cost estimates, and bidding and contract documents, Architect agrees to do the following during competitive bidding: 1) Assist the City in the solicitation of bids for the project; 2) Examine all bids received if requested to do so, and -4- assist the City in determining the lowest responsible bidder; 3) 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 at no additional cost to the City, if so ordered by the City Council: a. Revise the working drawings and specifications in such a manner as will permit the securing of new bids thereon which do not exceed such cost estimates (adjusted for changes in costs as hereinafter provided) by more than 15%; b. For the purpose of this paragraph Architect' s cost estimates shall be adjusted by adding or subtracting the percentage difference between the building cost 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 preceding the date of opening bids. g) Duties of Architect - Construction. If, after receipt of bids, the City Council decides to proceed and enters into a contract for performance of the construction embraced within the project, Architect agrees to do the following: 1) 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. 2) Furnish, at the request of the City or the contractor, such drawings and written memoranda as may be necessary -5- to clarify the intent of the original drawings and specifications or to supply omissions therefrom. 3) Furnish consultation and advice to the City and the contractor during the construction. 4) Furnish reasonable periodical architectural inspection services throughout the entire construction, including necessary certificates to the City authorizing progress and final payments. 5) Promptly call to the City' s attention any deviations by the contractor from the plans and specifications as finally approved by the City. 6) 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. 7) Assist the City in the determination of the reasonable cost of any work added to or deleted from the construction. 8) 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 results of such examination. As the project progresses and not later than 30 days after completion thereof to 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. -6- h) Compensation of Architect. City agrees to pay Architect for all services rendered by him under the provisions of this Agreement, and to the extent such services are so rendered, a maximum of 10 per cent of the total construction cost of the building and appurtenances designed by the Architect shall be paid as follows: 1) Upon approval by City of the preliminary plans, specifications and cost estimate and performance by Architect of the duties specified in paragraph 3 (f) , a sum sufficient to equal 3% of the preliminary cost estimate so approved. 2) Upon completion of 50% of the working drawings and the approval of the Director of Building and Safety Department of the City, a sum sufficient to equal 3% of the preliminary cost estimate so approved. 3) Upon approval by the City of the working drawings, specifications, the final cost estimate and contract documents and performance by Architect of the duties specified in paragraph 3 (g) , a sum sufficient, when added to the previous payments, to equal 8% of such final cost estimate, which sum shall be subject to further adjustment as hereinafter provided. If a contract is awarded by the City for carrying out the project and the payments made to Architect by the City pursuant to the foregoing provisions exceed 8% of the amount of such contract, the difference shall be deducted from any subsequent payments to which Architect may be entitled hereunder. In the event that such payments are less than 8% of the amount of such contract, the difference shall be paid to Architect at the time any subsequent payment is made by City hereunder. 4) When the improvements constituting the project are 50% complete, 1% of the amount of such contract. -7- 5) Upon completion and acceptance by the City of the building constituting the project and provided Architect has faithfully and fully performed all of the duties required of him under the terms of this Agreement, 1% of the amount of such contract, and if the amount actually paid by the City pursuant to such contract exceeds the original contract price because of changes or additions authorized and approved by City, 10% of such excess. Architect shall not be entitled . to compensation for any extra services rendered by him in connection with the project unless such extra services were first authorized by City and then only in accordance with a supplemental written agreement between the City and Architect for the rendition of such extra services. i) 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, or his designated representative. He shall have no authority to authorize any changes or additions to or deviations from the plans and specifications as finally approved by City except pursuant to a written change order signed by the City Manager, or his designated representative. j) Ownership of Drawinc-TA,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, be delivered to the City and the City shall thereafter have sole right, title, and interest thereto and may make full use thereof. The Architect and others employed by him to furnish any of the foregoing in accordance with the -8- provisions of this Agreement shall be entitled to retain copies or prints thereof for their files. k) 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 II. Compliance is specifically required to the following listed federal requirements: 1) 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. 2) 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. 3) 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. No. A-117.1R-1971 (as modified) . 4) 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 compatible. -9- No limitation to these acts or other similar federal regulations, acts, or rules is intended by this enumeration. 1) Requirements as to Rendition of Services by Architect. This Agreement is entered into by City with the under- standing that Architect ' s services shall be rendered personally by him or by such members of his staff as may be acceptable to the City Manager or his authorized representative. M) Assignment. The Architect shall have the right to assign the monies to be paid to him under this Agreement to a responsible lending institution for the purposes of obtaining financing for the performance of the work contemplated by this Agreement. Executed this 3rd day of February 1976 at Redlands, California. CITY OF REDLANDS Mayor ATTEST: City e' Weldon J. Fu on, Architect -ARA -10-