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1979-169-Authorizing Agreements With Marvin Bamburg Associates Inc.RESOLUTION NO. 1979 -196 RESOLUTION AUTHORIZING AGREEMENT WITH MARVIN BAMBURG ASSOCIATES INC. 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 entitled "AGREEMENT BETWEEN CLIENT AND ARCHITECT FOR HANDICAPPED ACCESS MODIFICATIONS AT LOS GATOS TOWN HALL ", a copy of which is attached hereto, and that the Mayor is authorized and he 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 held on the 17th day of December , 1979 , by the following vote: AYES: COUNCIL MEMBERS Mardi Gualtieri NOES: COUNCIL MEMBERS ABSTAIN: ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS SIGNED: ATTEST: - CLERK OF THE TOWN OF LOS � ATOS G Ruth Cannon, Thomas J. Ferrito r W. Siemens and John B. Lochner none AGREEMENT BETWEEN CLIENT AND ARCHITECT FOR HANDICAPPED ACCESS MODIFICATIONS AT LOS GATOS TOWN HALL THIS AGREEMENT is made between the TOWN OF LOS GATOS (Client) and MARVIN BAMBURG ASSOCIATES, INC. (Architect). 1. THE PROJECT is to be entrance access modifications for the physically handicapped to the upper and lower levels of the Los Gatos Town Hall, Main Street, Los Gatos, CA. 2. THE PROJECT BUDGET is approximately Thirty -one Thousand Dollars ($31,000) exclusive of architect's fees. 3. BASIC ARCHITECTURAL SERVICES shall consist of the following phases: a. Schematic Design. This includes a study of the alternative methods of providing physically handicapped access. The study shall cover access locations, methods of access, access equip- ment, and costs of the alternatives. The study shall be sub- mitted in a letter -size report. b. Design Development. This includes all of the necessary design sketches and drawings to define the project, suitable for City Site and Architectural review. A preliminary cost estimate shall also be submitted. C. Working Drawings. This includes the necessary architectural, structural and electrical drawings, calculations and specifica- tions required for competitive bidding and to obtain a City building permit. A final cost estimate shall be submitted. 4. COMPENSATION for BASIC ARCHITECTURAL SERVICES shall be on an hourly basis, as defined under Additional Services below, up to a total maximum amount of Four Thousand Dollars ($4,000). -I- Billings for services shall be rendered monthly in proportion to the amount of work completed. If the work under this contract is not completed for any reason within twelve (12) months of the date hereon, the terms of the compensation shall be renegotiated. 5. ADDITIONAL SERVICES shall be all such work not covered under Basic Architectural Services above, i.e. additional drawings, additional consultants' services, color schedules, interpretation of plans and speci- fications, bidding services, construction supervision, revisions of pre- viously approved schemes, and any extra work required due to faulty infor- mation provided by the Owner. Compensation for Additional Services shall be at our standard hourly rates as follows: Principal $45.00 Project Architect $36.00 Designer /Job Captain $28 to $23.00 Draftsman $25 to $20.00 Jr. Draftsman $20 to $15.00 Consultants Cost + 10 percent 6. REIMBURSEABLE EXPENSES include actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Project for the expenses listed in the following subparagraphs: a. Expense of transportation and living when traveling in connection with the Project; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. b. Expense of reproductions, postage and handling of Drawings and Specifications. c. If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use. -2- 7. THE OWNER shall provide the following for the Architect's use: a. A certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. b. The services of a soils engineer or other consultant when such services are deemed necessary by the Architect, including reports, tests borings, test pits, soil bearing values, perco- lation test, air and water pollution tests, ground corrosion and resistivity tests and other conditions, with appropriate professional interpretations thereof. c. Such legal, accounting and insurance counseling services as may be necessary for the Project. d. Laboratory tests, inspections and reports as required by law or the contract documents. e. If the Owner becomes aware of any fault or defect in the project or nonconformance with the Contract Documents, he shall give prompt written notice to the Architect. The services, information, surveys and reports required by Paragraphs A through E inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to reply upon the accuracy and completeness thereof. -3- 8. TIME SCHEDULE. The ARCHITECT agrees to start immediately upon approval of this Agreement and to proceed diligently with such work. 9. 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. 10. OWNERSHIP OF 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 concerning 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. 11. TERMINATION of this Agreement may affected by either party upon seven (7) days written notice. In the event of termination the Architect shall be paid his compensation for services performed to termination date, including Reimburseable Expenses then due and all terminal expenses. 12. SUCCESSORS AND ASSIGNS: The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to his Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement without the written consent of the other. 13. ARBITRATION: All claims, disputes and other matters in question arising out of, or relating to this Agreement of the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. 14. EXTENT OF AGREEMENT: This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. -4- 15. ATTORNEY'S FEES: If suit is brought to enforce the terms of this Agree- ment or to interpret it, or suit otherwise related to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to his costs of suit. 16. NOTICES: All notices are deemed to have been given when made in writing and delivered or seventy -two (72) hours after being mailed to the CLIENT and ARCHITECT at the following addresses: CLIENT: TOWN OF LOS GATOS 110 E. Main Street P.O. Box 949 Los Gatos, 95030 ARCHITECT: MARVIN BAMBURG ASSOCIATES, INC. 1017 Meridian Avenue San Jose, CA 95125 IN WITNESS WHEREOF, the CLIENT and the ARCHITECT have executed this Agreement on the dates indicated. Dated i tt Dated %­� -gyp - /� -5- 0 M.A. Bamburg ARCHITECT OF.LOS CLIENT