HomeMy WebLinkAboutAnthony and Langford Architects - 1969-12-09,
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3.
The Architect shall inform the City of the
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estimated Projeot construction cost.
B. Design Development Phase,
1.
The Architect shall prepare from the schemat-
ic design studl.es the design development
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documents consisting of site and floor plans,
elevations and other approved drawinge, and
shall outline specifications to fix and
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illustrate the size find character of the
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entire Project in itis essentials as to kinds
of , ma` erials, type, of structure, mechaninal
and electrical systems and such other work as
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may be required,
2.
The Architect shall•t form the City of any
indicated adjustment in the estimated Project'
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construction cost,
3..
The Architect shall assist the City in apply-
ing for and,obtaining required approvals from
applicable public agencies.
C. Construction Document Phase.
1.
prepare from the a
The Architect shal.l pproVed
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design development documents, workift_g drawings
and spec fietitions setting forth iri detail
and prescribing the -iTork to be 'done,, and the
materials, wovkmanship, finishes, and equip-
ment required for the archite tura.l, struc•
tural ,:.mechanical, eleatrical, service -connected
equipment,'and site work. The Architect shall
also prepare necessary bidding information,
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general conditions of the contract, and suPple-
mentary<general conditions of the contract,
and shall assist the 'City's 'legal advisor in
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the drafting of proposal and contract formse
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2.
The Architect shall assistthe City in apply-
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ing for and obtaining required appr.ovaaslfrom
applicable public agencies.
3.
The Architect shall, notify the City whether or
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not there is any Indicated adjulstment in'
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previous estimates of the Project eonstriliction
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cost'arising from market fluctuations or;
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approved changes in scope or requiremexitis
D. Coastruction
Phase.
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The Architect shall reproduce the contrvt
documents in the required number- the OxI?en-s`
being borne as provided in Article XiV, A and B;
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and shall assist the City in obtlining pro
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posals from contractors and it awarding, the
construction contracts.
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"o The Architect shall provide technical direc-
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tion to a frill time prep j ect inspector employed
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by and responsible to the (7ity. . The Architect:
shall supervise the inspec�,o+ a-id/or contract-
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or in the preparation of a market set of prints
>Indicating
dimensioned location of burieci`
utility :tines (as -built dimensions) which
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shall be forwarded,t6 the City upon comple-
ti:on of .'the Project.
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3. The 'A.°rchite6t will endeavor to ;Ieaure com-
plianceby contractors with the 'e.o.igtract
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requirements. bui7. he does not guarantee the
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performance oaf their contracts.
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4. The Architect she.? l : provide gene;�a.:, ; adminis-
tration, of the construction contracts, includ-
ing periodic inspections at the site as he
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deems necessary to render architect�_lral
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supervision which is distinguished from the
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continuous perlaonal inspection of the project
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inspector; make regular reports as may be
required by.applicable public agencies; steep
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the City informed of the progress of.construe--
tion; check and aptco a schedules and shop
drawings for compliance with design; approV41
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substitution of materials:, equipment and the
laborati�ry reports thereof; maintainc',onstruc-
tion accounts; prepare change orders for
written approval 'f the City; examine
contractors,' applications' for payment; lzw.,e
eertificateO for payment in amounts aplgxaved
by the Architect; provide a color schedl ule of
all materials in the Project for City'i�
review and approval; determine date of'sub-
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stantial completion; make final inspealion of
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the Project; assemble written guarante6s,
instruction books, diagrams and charts
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required of the contractors; and issue the
Architect's certificate of completion and
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final cep Jificate for payment.
1 5. The Architect, as part or his basic profes-
sional services, will provide advice to the
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City on apparent deficiencies in construction
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following the acceptance of the work and74)
! prior to expiration of the. guarantee
Period of the Project'.
III. EMPLOYEES AND CONSULTANTS
A. The Architect, as part of the basic profes'oional
services, shall employ at his expense teohnie ti.
ians and professionals properly skilled :I1.n the
various aspects of the design and construction
of the facilities required.;. If consultants are
engaged on engineering or other sections of the
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work, the City shall .be advised in writing of
their selection prior to �zrformance of their, work. �f
IV. EXTRA SERVICES OF THE ARt0HITECT.
A. The following services, if performed due to unus-
ual circumstances, cause the Architect extra
expense and shall be paid for by the City as pro-
vided in Article VIII
1.- Revisions and changesin approved drawings
and the `
preparation of alternate a,ndjor,
deduutttve change `orders requested by the
but which are not effected for the
p , r,o0e of redizt;ing the cost to within 1'4 < r
of the revised estimate as provided in.
Article VII.
G. Supervision -of repair of da=4ge to thel Project
3.' The additional services caused by. tbz delin-
quency or insolvency of the Contractors �
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V. THE CITY' S RESPONSIBILITIE,; .
A. The 'City shall provide full information as to thug
regtairements• of the Project, including realistic,-,'
budget limitations and scheduling.
B. The City shall furnish, or direct the Architect
to procu)�e, at City's 'expense, a certified ^ r K
survey of the site, including ;grades and lines'
of streets, taavements, and adjoining. prop' erties;
rights of way, restrietions, easements, boundar-
ies, and contours of the building site; :locations, ( �.
dimensions and floor elevations of pxisting build
ings, other .improvement and trees; and full !
information as to available service and,utility
Lines, both' ""Public and private.
C. The City shall furnish or direct the Anhitect
to procure, at Ci.ty's expense, chemical, mecha
.cal, 6r of her tests required for proper design,
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' in �conditions.
and'borings or test pits necessary for deter�
.,. I g subsoil. oanditions . _
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D.
The City shall furnish all inspection services,
E.
The City shall furnish all legal advice and
services required for the Project,
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The City shall notify the Architect of adminis-
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trative procedures required and, name represen-
tatives, if any, authorized) to, art in its behalf.,
The City shall review documents subm: teed by
the Architect and shall promptly render decisions
pertaining thereto,to avoid unreasonable delay
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in the.progress of the Project. The City shall
observe the procedure of issuing any orders to
contractors only through the Architect.`
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During the contraetor's'guarantee period, the
City shall notify the Architect in writing of
apparent deficiencies in materials:or workman-
ship .
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V1:. PROJECT .CONSTRUCTION COST.
A.
Vro j ect construction cos:-, as' used in this Agree-
ment, means the total `costs Ito the City of all
work designed or specified by ttle Architect,
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including work Lcovered by change orders and/or
alternates,, but excluding the 'ollowing; any
payments to Architect or consultants, or costs
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of inspections, surveys, tests, and sites, and
landscaping not included in the Project.
B.
When labor or material is Furnished by the City
below its market cost, the project construction
cost shall be based upon current -market cost of
labor and new material..
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C.
The Project construction cost shall be a mutually
acceptable estimate of construction cost to the
City as submitted by the Architect, until such
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time as bids have been received, whereupon it
shall be the LlowestL valid bid plus any additive
change rllrders and/or alternates.
VII. ESTIMATES OF PROJECT" CONSTRUCTION COST.
A.
Estimates referred to in Article II shall be
prepared un:a square foot basis,,or more detailed
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corrputa'tj'on if deemed necessary by the Architect,
considering prevailing construction costs and
including all work for which bids will be
received. It is understood that the Project
construction cost is affected>by the labor
and/or material market as well as other conditions
beyond the 'control of the Architect or vity.
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Ifs Project budget is set forth in Article I
or 'thereafter accepted by the City, the
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Architect" shall review the estimate at each
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chase of his services. If such estimates are
in excess of the Project 'budget., approval of
a higher figure shall we, given by the City or
the , City shall autborize the Architect to revise
the size of the Project scope and the type or
quMlity of constaruction to' come within the
budgeted limit.
C.
If' bids are received within sixty (60) days
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after the notice provided in Article II, C.,
3., and the lowest bona fide bid exceeds said
estimate by more than ten (10) per cent, the
Architect shall, upon request and at no addi-.
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tior4l expense to the City, revise the c.onctruc-
ti= documents sufficiently to reduce the
contract price to peitnit the receipt of new bids
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to within ten (10) per ' cent ' of the said.. final
estimate
VIII. ARCHITECTtS
COMPENSATXOM.
A.
The Areh .tect agrees toperform profbssional
services provided by this Agreement and the
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City agrees to pay the .Architect for stt,eh
services` compensation in the amount of:
(7) cent the Project
seven per of
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construction cost;
and other payments and reimbursements as herein-
after provided, and the solid compensation
appliei to work let under single construeticn
contract.
B.
Reimburt,,enient' at cost shall. be paid to the
Architect foxr
1. Reproduction of drawings and specifications
in excess of the copies pr6vid,,6,d by this
Agreement.
2 Pees advanc'.ed for securing approval of
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authorities having jurisdiction over the
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Project.
G j IX. PAYMENTS TO THE ARCHITECT
A.
Payments on account of the agreed compensation
in Article VIII shall be:
A
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'Schematic Design Phe.si \, of total
co ensation b�tsed +,`';, . W�nated
Project 'constru et
2. Design IJevelopmeti^�: �h€: e - in6rea `e to
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25% of total Compensation, 'used upon
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the estimated Project cons.`c-ruction cost.
3 i,Construition .Docu�J,ent has' e
;a. Construction Viocurerits, 50 co' p1zt '-
increase to 50'%of'total compensation
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based upon the:,, estimated Project
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constructiorx c:4s
b,, Construction Documents 100% .complete,IT
ready for reTYievr qy applicable public
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agencies - increase' to 70� of the
total compr. nsatior. based. upon the, estim-
ated ; Pro j yet construrtioxi cost.
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4. Construction -Phase -
a . On all or that portion of the Project
for which doc'umentF; have been repro-
':dueed
and bids rec,�ived, increase to
30% of total 'compe&sa,tioh, adjuster: t.o
the accep,ed bi��Drice.
b .ubsequexit payments shaZ7 be ana'de :month-•
iy in proportion to the amol:;nt ' of work
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berg. fied d�omplete
c : Construct ,Gin complete a:zul a4cepted by
Litt' Increass to 100 of the total
;ompensat on;. based ubon the"contract
oiwithstandingthe Architeat'sPrice,
serviops during the gdarantsee period
as p4 ovided 'by Article I7, D, 5'.
B. Payments in event oi' the folloi ing 'circumstances
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shall be: T
1. . Deferred Bids --
a: If upon approval by 4p,`pl:icabl-e public
_agencies the bids on all or, a portion
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of the Project are deferred fo,� rdore
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than;.41,5 days -increase to 7,5 �f theIT
total compensation.,based undm the final
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estimate of Pro j ecst construction cost.
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If bids are cocci : ed w�.htr! one year
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from dgLte of said approval i7 the
compensation shall be adjus,c'ed to con,-
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fora to she lowest bona f'UP bid. li'°
b.lIls are received after one year from
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dater 'of ppproval the compeAs,il tion ;
pot be` sub j'eet to _'adjutt"Oent As
berjettof ore n'Oted, and the., payrY6,t, , 'during
the Cranstrtac for Pi ase shalt b6N
remt}l, ling pert,!;ita.ge of, the comp�epsatiOn
bas6(11 upon ,tYi0 'fin\% l Project cons hructri on
cost,.
2. Pef erred 'Construct{Lon -
a.If uppi:i duplicl,ition »f documents;` and,
` rece:ipt' of bids, al'.L or a portiar of't'the
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Pro j eclJO is deb, erred f4'r more tha.n, 45,
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days -- increase t,,i?`. 0% of -the i;ot.a1:;"cerr1-
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pensation bailed jn the lowest bonii
fide bid.
3. Delayed Comple , .on o1K _Liquidated LamagEs
- a.- The Arc:hite."et's compensation shall be
paid at the ';time apd in the amounts noted
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not.withtt4ndtng a delay in completion of
the, Pro j e,ct or the redaction in the final
construct lion cost by reascin of penalties,
liquida:F?ed dama@des or ,other .amorints with-
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field friam the e6nstruction c'ontimctor.
C . Reiimbursemer t fOr fee► . and' other expenses shall be
made to the Arch tect.as incurred.
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x , TERMIPjA T1QN OF A( nlm,NT e
A. "this .Agreement may be terminated by either party
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axon t!Tritten xiotl,ae to tl4p other` party in the
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event of a sO:stan' ttal failure of performance by
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su, h, other pa-r ty;or i ' the City should' decide
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to, 'akzandon os;* indefi,nite,.;1' postpone the Proj ec`t
B,, In ttae-evejii of such term"',nation,, the City shall
pay to 'the Architect as fit 1 paymerit f0f- all
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services J,,erformed and all expei?s4' n,6urr;ee, tinder
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this Agreement an amou;rzt t,hb sum total of whicr�
bears the s&,,ie ratio to she total foo otherwise
payable under this AFIi emei ht as the ',services
actually rendered herrun'ciesr by the ,architect
beams to he. total ,ie,rv°ides necessary fo'r, the, -full
perfor-mance` of this Aant, plue, any, ,sums due
the Arrk►itect for e ;txa services descrilaed under
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Article VIlly B, aL'd :herein. In rafsces°tai)z ng
the servi.ce,s ,-Aetua;lly rendered hereunder .:ixp to
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the date of term rlatidra of th3e kg''zaZ-"te13t' 6o1'tf-
sideration shall 1 re given to both completed work
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and 'work in process of completion an; to com"
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plete and incomplete draws igs and other
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documents whether delivered: to the City or in
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the possession of the Architect. Notwithstand-
ing, any termination of, thi,s Agreement or, notize
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thereof, all questions in dispute shall be
submitted to ;arbitrat dn' as-prov,,ded in Article
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C . , If, uponpayment es" the amount required to be
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paid under* th3u 'Irti.cle following the .termina-
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tion of this „Agreement, the Cit: therea:`ter
should determine to complete the original
project or substantially the same project, the
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City for such purpose shall; h2av6 the, right of
utilizing any .completed d'i'awirngs, ,specifications',
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estimates and Other cpmr)1eteei contract documents
pr,epa.red under this Alr�eiement by the Architect'
who shall make them Wlailable to the City u])on
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:yequest without addit' oval compensation.
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XI: TI]i,' SCHE]JUF,E.
A. Upon ^,request, t ie Architect will prepare for the
City an estimated time schedule necesstiry to
complete- the ednfir,aE;t documents, bar;0r.11,ig delays
caused by ck�nditions beyond the conti^ol of the
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Architect.
YII. ACCOUNTING RECORDS OF THE ARCHITECT.
A. Records of the Architect's 'Direct Petosonnel and
Retmbu-r,s0le 'Expense �:nrta:i ping ,to tl:i3 , extra
sernvicesr of thisroj set and rec��oras of accounts,
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between the City and contractor shall: be kept
on a generally re,aoghjGzer! accounting basis and
Shall bpi available to thy or its authorized
rep:OEe, itative at mutual',4.^convenient times.
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X11I . INSURANCE TO BE CARRIED BY AP`CAITEC'T .
A. The Arcs ttect shall carry insurance to protecIt,
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fhimself
' From , claiirls tinder Wgr kmen's CoiMPensation
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Acts,
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}:IV. REPRODUCTION Qk' DOCUWANTS.
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A. The Architeot'snall provide at no expense to the
City, and in the number requ.'ired3 the preliminar y
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plans and construction documentss for the review
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and approval of the applicable public agencies.
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R. The Architect shall provide copies of the eon-
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struction documents for bidding and 'construE�ton
purposes, the expense of which' shawl be borne
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Tho Ar cikitect shall 0ovide, at no exr;.,
:the, Cit seven ..7) co iea of working
y , p, a Jl
drUwing i aid specitical46ns'. I
The Architect shall be;reirribursed by ch . City
for the 'costs, f copiea �n :ea�dess of the
seven �7� copi,as4'
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XV OWNERSHIP OF I1OCUMEWs � .
A The plans,; speifictitins ai`2d ebt3.maft,es ,shall bE
'and remain, `ihe propety of the .'rq itect; however,
^ `� a - � �i
;the City is Go be fui.n nished a seat of. Z acproducible
A -built ,showing signfkcant c,hzn sies
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made during the cofiptruction rsroce, s '�9ased �n
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xnarke:d up prints, di�ayings and ot,.h(jr data,
rnished• by the Contraotor and Inspector,` to the`,
hrchiteCt .
XVI R U.,,E Ci DdCUMEN
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A. 1h, the event,;:'che `v'i,ty ever desires, and it is
,'. mfatually fea:sible;, to erect all or part of
' another preat Wbiiah would be essentially iden-
tical to the Pro,j ect which, is the subject of his 'ry
Agreement,'a ,the Ar6hitect agrees to: a
1. Re-�us.e his, design awl the corresponding
contvact doci�nenta;
2. Preptire such modifications as niay_ be dictated _
by t�pogrsphY; .'ut,i utility services, existing
consl;ructloh' and similar conditions;
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3. Perf6rm as far as 'applcarle a.11 of the
servl'ces` provided by this Agreement.
Compeneau ton, for rendering the forego.G g services y>
shall be in the nmoutnt agreed upon by City and,
} Architect prior to' the commencement of, work and
{ shall Form'.the basis of a separate agreement w r
XvIT. ARBITRATION.
t° A. All questions is disp ;✓re under 'thj.s A reerilk'ft
shall be sub,nitted to 4trbitration' ate the i ;hection
o:e either. par`!'ty. Such ,%rbitration shall l�e P,o
conducted in ,accordance with the rules pfl tn�
American Arb1f.oation-Association insofar ij'e,s
{{ he same: are not in conf'llot with the 1a�'i of
the State of 0a'lifornia.
If either party��,petitions `to confirm;, c����x+ec off'
B y I''
� vacate the award as provided 1"iy
Titlo 9 of the 04)de df° Civil Procedure §i.=mencin
With jSection 128 ;,y., the pr�`vail n par �' thail be
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