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1978-043-Authorizing An Agreement Between The Town Of Los Gatos And Higgins And Root Associates, ArchitectsRESOLUTION NO. 1978 -43 A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND HIGGINS AND ROOT ASSOCIATES, ARCHITECTS. BE IT RESOLVED by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into that AGREEMENT with HIGGINS AND ROOT ASSOCIATES, Architects, a copy of which is attached hereto; and BE IT FURTHER RESOLVED that the Mayor is authorized and she is hereby directed to execute said AGREEMENT in the name and in behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of April , 1978, by the following vote: AYES: COUNCILMEMBERS Ruth Cannon Thomas J. Ferrito John B. Lochner Peter W. Siemens Mardi Gualtieri NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None SIGNED:}�r�i ®B�e MAYA OF THE TOWN OF LOS GATOS ATTEST: CLERK OF `THE TOWN OF LOS GATOS Y AGREEMENT BETWEEN CLIENT AND ARCHITECT TOWN CLERK FOR CONCRETE ACOUSTIC SHELL AND PLATFORM AG R: OAK MEADOW PARK THIS AGREEMENT is made between the TOWN OF LOS GATOS ( CLIENT) — -- and HIGGINS & ROOT, ASSOCIATES (ARCHITECT). The CLIENT intends to construct a concrete Acoustic Shell and Platform at Oak Meadow Park which work is called the project. The CLIENT and ARCHITECT agree: I. PROJECT BUDGET AND CONDITION PRECEDENT A. The estimated cost of project construction is $75,000.00, exclusive of architectural services. B. The size of the project and type and quality of construction depend on the Rinds available for the project. The ARCHITECT will exercise his best judg- ment in determining the balance between the size of the project, the type of construction, and the qual- ity of construction to achieve a satisfactory solution within budget limitations. II. BASIC SERVICES OF THE ARCHITECT A. Schematic Design Phase 1. The ARCHITECT shall consult with the CLIENT to ascertain the requirements of the project. 2. The ARCHITECT shall prepare schematic design studies leading to a recommended solution i together with a general description of the + project for approval by the CLIENT. 3. The ARCHITECT shall inform the CLIENT of his estimate of the project construction cost. B. Design Development Phase 1. Using the schematic design, the ARCHITECT shall prepare site studies and floor plans, elevations and other drawings and an outline of the specifications showing the kinds of materials, character of the buildings, type of structure and electrical installations and such other work as is reasonably necessary to define the project as a whole. 2. The ARCHITECT shall inform the CLIENT of any indicated adjustment in the estimated project construction cost. 3. The ARCHITECT shall assist the CLIENT in applying, for and obtaining approval from public agencies. C. Construction Document Phase 1. When the design development documents are approved by the CLIENT, the ARCHITECT shall prepare working drawings and specifications prescribing in detail the work to be done,' the materials, workmanship, finishes and equipment required for the architectural, structural and electrical equipment. The ARCHITECT -2- shall also prepare necessary information for bidders and contract conditions and shall assist the CLIENT "S legal advisor in the drafting of the proposal and contract forms. 2. The ARCHITECT shall assist the CLIENT in applying for and obtaining required approvals from public agencies. 3. The ARCHITECT shall notify the CLIENT whether there should be any change in,previous estimates of the project construction cost due to market fluctuations or changes in scope or requirements. D. Construction Phase 1. The ARCHITECT shall reproduce a sufficient number of the contract documents so that the Town and the bidders may all have copies. Reproduction will be paid for as provided in Section XIII, Parts A and B. The ARCHITECT shall assist the CLIENT in obtaining bids and awarding the construction contract or con- tracts. 2. The ARCHITECT shall provide technical direction to the CLIENT'S project inspector. The project in- spector shall be employed by the CLIENT and responsible to the CLIENT. 3. The ARCHITECT will endeavor to cause compliance by contractors with the contract requirements, but he does not guarantee the performance of their contracts. -3- 4. The ARCHITECT shall provide general administration of the prime construction contract or contracts. Contract administration includes periodic inspec- tions by the ARCHITECT at the site to the extent that he finds necessary to render architectural supervision. The ARCHITECT shall make the reports ordinarily required by public agencies, inform the CLIENT of the progress of the work, check and approve or deny approval of schedules and shop drawings, approve or deny approval of substituted materials or equipment, review for compliance with the conditions for payment all requests for payments to contractors, prepare change orders for written approval by the CLIENT, provide a color schedule of all materials in the project for review and approval by the CLIENT, ascertain and record all completion dates, make the final inspection of the project, and assemble all written guarantees, instruction books and manuals, diagrams and charts that the contractor or contractor are required to provide, and issue the ARCHITECT'S certificate of completion and final certificate for payment. S. The ARCHITECT shall provide advice to the CLIENT concerning defects in the work, both during construction and during the warranty period, and in order to do so will make a complete warranty inspection of the project shortly before the end of the warranty period. -4- III. EMPLOYEES AND CONSULTANTS As part of the service required by this agreement, and at no cost to the CLIENT, other than provided in Article VII, the ARCHITECT shall employ at his expense technical and professional persons (e.g. structural and electrical engineers.) IV. EXTRA SERVICES OF THE ARCHITECT The following services, when performed at the written request of the CLIENT, are "extras" and shall be paid for by the CLIENT as provided in Article VII: 1. Changes to drawings previously approved by the CLIENT and all preparation of change orders, except for changes or change orders made for the purpose of reducing the cost of the project to within ten percent of the final estimate described in Article II A 3, B 2, C 3 and VI, and except for changes or change orders to correct defects in the plans or specifications which the ARCHITECT ought to have corrected before presenting them to the CLIENT. 2. Extraordinary supervision of repair of damage to the project. 3. Additional services caused by the Contractor's failure to meet work schedules or the contractor's insolvency -5- V. THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall provide the ARCHITECT with detailed information about his needs and reasonably accurate budget limitations and schedules. B. The CLIENT shall procure a survey of the property for the new building. The survey shall show grades of pavement and adjoining ground, contours of the site of the new building, the location of the exist- ing building, other improvements and trees and the location of utility lines. C. The CLIENT shall furnish all legal advice and service for the project except as provided in Article II, C 1. D. The CLIENT shall designate in writing a representative who shall have all authority to notify the ARCHITECT of the CLIENT'S decisions and to make requests of the ARCHITECT. The CLIENT shall review documents presented by the ARCHITECT and shall promptly render decisions concerning them. The CLIENT shall only issue orders to the contractor or contractors through the ARCHITECT. E. During the warranty period after completion the CLIENT shall notify the ARCHITECT in writing of all known defects in materials and workmanship. VI. ESTIMATES OF PROJECT CONSTRUCTION COST A. Estimates referred to in Article II shall be prepared on a square foot basis, or more detailed computation if deemed necessary by the ARCHITECT, considering prevailing construction costs and including all construction work. It is understood that the project i construction cost is affected by the labor and material market cost and other conditions beyond the control of the ARCHITECT or CLIENT. B. The project budget is set forth in Article I. The ARCHITECT shall make reasonable efforts to design the work so that it can be completed within the budget. If the ARCHITECT cannot, with the exercise of reason- able skill and diligence, design the project within the budget, the CLIENT shall modify the project, increase the budget or abandon the project. C. If the CLIENT obtains bids within sixty days of the ARCHITECT'S notification of his final estimate (Article II, C 3) and the lowest lawful bid is more than ten percent higher than the estimate, the ARCHITECT shall, on request by the CLIENT, at no additional cost to the CLIENT, revise the plans and specifications sufficiently to permit the CLIENT to request further bidding and to obtain one or more lawful bids within ten percent of the original estimate. VII. ARCHITECT'S COMPENSATION A. The ARCHITECT'S fee for other than extra services is: A lump sum of $9,500.00 B. The CLIENT further agrees to pay the ARCHITECT compen- sation for extras qualified for compensation under the provisions of Article IV. Payment, regardless of whether the extra is performed under the provisions of Article II A, B, C or D is at the rates specified in -7- the attached Exhibit "A ". For work or services requested in advance by the CLIENT, in writing, and not set forth in Exhibit "A ", the CLIENT shall pay the ARCHITECT his cost. ' C. The CLIENT shall reimburse the ARCHITECT for permit and application fees the ARCHITECT advances on the CLIENTS behalf. VIII. PAYMENTS TO THE ARCHITECT A. Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total Basic Compensation: Schematic Design Phase ................. 15% Design Development Phase. .............. 3S/ Construction Documents Phase .......... 75% Bidding or Negotiation Phase .......... 80% Construction Phase .................... 100% IX. TERMINATION OF AGREEMENT A. This agreement may be terminated at any time by either party on written notice to the other if there is a substantial failure of performance by the other, or may be terminated by the CLIENT if the CLIENT should decide to abandon or indefinitely postpone the project. B. In the event of termination because of abandonment or indefinite postponement by the CLIENT, the CLIENT shall pay to the ARCHITECT as full payment for all of his services and expenses an amount which bears the same 10 ratio to the Total Fee as the services actually rendered by the ARCHITECT bear to the total services necessary for the full performance of this agreement, plus any sums due the ARCHITECT for extras and any allowable expense reim- bursement. In ascertaining the extent of the services rendered to the date of termination, consideration shall be given to both completed work and work in process including complete and incomplete drawings and documents, whether delivered to the CLIENT or in the possession of the ARCHITECT. C. If, after payment of the amount required to be paid under Part B, the CLIENT should determine to complete the original project or substantially the same project, the CLIENT for such purpose shall have the right to use any completed or uncompleted drawings, specifications, esti- mates and other documents prepared under this agreement by the ARCHITECT, who shall make them available to the CLIENT on request without additional pay. X. TIME SCHEDULE The ARCHITECT agrees to start immediately upon approval of the agreement all work provided for under Article II A of this agreement and to proceed diligently with such work. XI. ACCOUNTING RECORDS OF THE ARCHITECT Records of the ARCHITECT'S direct employee and reimbursable expense pertaining to progress payments and to extras and records of accounts between the CLIENT and contractor shall WE be prepared and kept by the ARCHITECT on a generally recog- nized accounting basis and shall be available to the CLIENT or his authorized representative at mutually convenient times. The ARCHITECT shall keep such records for at least two years after completion of the project and for so long as any litigation may be pending concerning the project. XII. INSURANCE TO BE CARRIED BY ARCHITECT The ARCHITECT shall carry workers' compensation and errors and omissions insurance and shall furnish the CLIENT with certificates of insurance with notice of cancellation provisions. XIII. PRODUCTION OF DOCUMENTS / A. The ARCHITECT shall provide, at no extra expense to the CLIENT, one set of the preliminary plans and construction documents. B. The expense of reproducing copies of the construction documents shall be borne by CLIENT. C. On completion of construction, before final payment is made, the ARCHITECT shall, correct the original tracings of construction drawings of the project and incorporate all changes. The tracings must adequately and accurately reflect the "as- built" project. The CLIENT shall provide the ARCHITECT with all necessary information so that the ARCHITECT can prepare a set of plans and specifications with•all corrections, showing the project as finally i constructed. After the tracings and specifications have been corrected, they shall be delivered to CLIENT and shall become CLIENT'S property. -10 OWiVliit5itll DOCUMENTS The plans, specifications and estimates are the property of the CLIENT. When performance under this agreement has been concluded, the CLIENT shall direct the ARCHITECT con- cerning the disposition of the plans, specifications and estimates, which may include storage by the ARCHITECT under such terms and conditions as the parties may agree. XV. SUCCESSORS AND ASSIGNS This agreement is binding on the CLIENT and its successors and on the ARCHITECT, his partners and successors. No rights under this agreement, nor any part thereof, nor any money due or to become due may be assigned by the ARCHITECT without the consent and approval of the CLIENT. XVI. NOTICES All notices are deemed to have been given when made in writing and delivered or seventy -two hours after being mailed to the respective representatives of CLIENT and ARCHITECT at,.the following addresses: CLIENT: THE TOWN OF LOS GATOS 110 E. Main Street Post Office Box 949 Los Gatos, California 95030 ARCHITECT: HIGGINS & ROOT, ASSOCIATES 400 Blossom Hill Road Los Gatos, California 95030 IN WITNESS WHEREOF, the CLIENT and the ARCHITECT have executed this agreement on the dates indicated. Dated APR 3 ?c ARCHITECT Dated APR 5 !.37o TOWN OF LOS GATOS � >O ntL Mardi Guaitieri, Mayor CLIENT -11- PER DIEM CHARGE'RATES 1. Time by Classification of Personnel Shall Not Exceed: Principal Architect $35.00 per hour Designer 33.00 per hour Senior Draftsman 30.00 per hour Junior Designer 20.00 per hour Junior Draftsman 20.00 per hour Clerical 16.00 per hour 2. Consultants: Architect's consultant's time shall be paid at Architect's cost which shall be at rates not to exceed the above, when j applied to comparable classifications of consultant's ' personnel. Detailed statements of consultant's invoices shall be submitted as part of Arehitect's statement for services. 3. Material and Transportation: Except as otherwise provided, Architect shall be compensated for reproduction of brochures, specifications, blueprints, display models, or other materials that may be ordered at .the actual cost to him of such materials plus twenty-five per cent. Transportation shall be paid'at $0.15 per mile.