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HomeMy WebLinkAboutAnthony & Langford Architects - 1980-04-07I t i THE A,` ERIC:AN INSTITUTE OF ARCHITECTS a ar c A1A Document B141 Standard l „� iy �:. fi� L ,.,�� % 7� °fit. �i ti Form , '� i]i Owner and Architect i 1977 EDITION THIS DOCUMENT HAS L VORTANT LEGAL CONSEQUENCES; CON _`'ULTATION lalTH ANI ,ATTORNEY IS ENCOURAGED riYTH RESPECT TO ITS COXIPLETIO',. OR ,MODIFICATION AGREEMENT made as of the Hundred and Eighty PsawEEN the Owner : and the Architect: day of it the year of Nineteen City of Huntington Beach t . 0. Box 190 Huntingt. nn Beach, California 92646 Anthony and La,ngford/Ai.chitects 16152 Beach Boulevard; Suite 201 Huntington Beach. California 92647 For the l'oliowing_Project (Include de Failed description of Project lrrai ,id scope.) A two story fire facility to house 10 15 persons and shall include an apparatus room of approximately 75' x 45' , a hose tower, work* room, storage room, fire suppression quarters, study, shovver, toilet and Locker rooms, kitchen, dining, offices, janitor closet and, lobby. Total area: approximately 9, 500 square feet. Project to be located on property at Lake Street and Sth. Street. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1941, 1951, 11,153, 1958, 1961, 1963,'1956, 1967,-1970, 1974, D 1977 by The American, Institute , of Architects, 1,735 New York Av-nue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions' withcvt permission of the AIR violates the copvnght laws of the United States and w,tl be subject.to legal prosecution. AIA DOCUMENT 8141 • OWNER -AR yHiTECT AGREEMENT • THIRTEENTH EDITION • IUL1` 1977 • AiA* • m 1977~ TH AME,RICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20MG 8141-1977 1 TERMS ANLC• CONDITIONS OF AGREEMENT BETWOLEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBIi iTIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in �aragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part 6 Basic Services. 1.1 SCHEMATIC ;*:SIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua tioi of • •e program and he Project budget requirements, eac.1 in terms of the other, subject to the limitations set forth -n Subparagraph 3.2.1. 1.1.3 The Architect shall ret,iew with the Owner alterna- ti1e approaches to design and construction of the Project. 1.1.0 Based or, the mutually agreed upon program and Proje-t budget requirements, the Architect shall prepare, for ap, rovai by the Owner, Schematic Design Documents consisting of drawings and ether documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. ments to previous St,..temenU of Probable Construction Post indicated by changes in requirements or general inarket conditions. 1.3.4 The Architect shall assist the Owner in connection with t1a Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- in.g jurisdiction over the Project. 1.4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's epproval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in ..staining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1.5 COi^MUCTILN PHASE—�ADMiNiSTRATiON OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the award cf the Contract for Construction ants, together with ob the .,rchitect's ' , iticr. to provide Basic Services under this Agreement, will te—ninate when final payment to the Contractor is due, or in the absence of a find Certificate for Payment or of such due date,-'-�tyy days after the Date of Substantial Completion of thr )rk, whichever occurs first. 1.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu merit A201, Ceneral Conditions of the Contract for Con- struct!on, current as of the date of this Agreement, 1.2 DESIGN t3£VetOPMENT PHASE13.3 The Architect shall be a representative of the 1.2.1 Based on the ;ip,proved `;thematic 'Design Docu- Owner during the Construction Phase, and shall advise rnents and any adjustments authorized by the Owner in and consult with the Owner. Instruttior,s to the ContrQc- the program or Project budget, the Architect shall pre- tot shall be forvarde•d through the Architect, The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf :,f the Owr>zr Documents consisting of drawings and other documents only to the extent provided in the Coniracr Documents to fig, and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance witF Subparagraph 1.5.16, trical systems, m-4teriais and such other elements as may 1 5.4 The Architect shall visit the site at intervals ap- be aapropri ite. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and ;to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in gEEleral if the Wort: is proceedhig in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Cloc- tect shall not be required to inaj ; exhaustive or con- uments and any further adjustments in the scope or quay- tinuous on-sit;i- inspectiosis'to checK the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on -site observa- the Owner, the Architect shAl prepare, for approval by tionc as an architect, the Archite4t shall keep the owner the Ovmer, Construction Documents consistinEr of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the 'Owner against defects and meats for the construction of the Project., ' deficiencies in the Work of the Contractor. 1.3.2 The Architect �ha,f assist the Owner in the prepara- 1.5-5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods,. techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precauti,.. _ and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 5141 • ow:yER-ARCFJTCCT THIRTEENTH EDITION • JULY 119,77 • ill.{a . 14Tr 7"IE AMERICLN I.4STMUTE Of ARC* UECTS, 1:15 NEW YORK AVEsiuE, NAVw. WASHINGTON, D.C, 7M 8141-1977 3 i a L 1,, Y contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1.5.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's .Applications for Payment, and shall issue Certifirates for Payment in such ar 3ants, as provided in the Contract Documents. 1.5.8 Vie issuance of a Certificate for Payment s'ldll constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that tsie Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, thequal- ity of the+ Work is in accordance with the Contract Do�_u- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to mi.•cx deviations from the Contract Documents cor- rectable prior to completion, and to any spe'dic qualifica- tions stated in the Certificate for Payment), and that the Contractor is entitled to paymerf' in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the r- oneys paid on account of the Contract Sum. 1.5.9 The Architect shall be the interpreter of the re- ..ulrements of the Contract Oocuments and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written regtIest of either the Owner or the C-retractor, and small render written do- cisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or .he interpretation of the Contract Documents. 1.5.10 Interpretations acid decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documentsandshall be in written or gr=.phic form. in the capacity of interpreter and judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contractor, shall not show partiality to either, and shali not be liable for the result of any interpretation or decision rendered in goat? faith in such capacity, 1.5.11 The Architect's decisions in matters -elating to artistic effect shall 1"e final if consistent with the intent of the Contract Documents. 1.5.12 1 he Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is AIA Do, 6141-1977 THE AN necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have author- ity to require special inspection or testing of the Work in accordance with the provisions of the Contra :t Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.13 The Architect shall review � or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the: design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness soasto cause no delay. The Architect's rev-iew pzxtP*6of a sp; cific item shall not indicate approval `, an assembly of v.,hich the item is a comprment. 1.5.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the VVork not involy;ng an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.5.15 The Architect shall conduct inspection: to deter• mine the Dates of Substantial Completion and final com- pletion, shall receive and fore.-ard to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Pay- ment. 1.5 16 The Extent cf the duties, responsibilities and lim- itations of authority of the Architect as the Owner's rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Architect. 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.6.1 If the Owner and Archit- -+ree that more ex- tensive representation at the site tan is described in Paragraph ?.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such Project Representatives shall oe selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Architect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 1.6.3 Through the observations by such Project Rep-i— sentatives, the Architect shall endeavor to provide further protection for the Owne., against defects and deficiencies in the Work, but the furnishing of suc;, project representa- tion shall not modify the rights, responsibilities or obliga- tions of rchitect as described in Paragraph 1.5. 1.7 ADDITIONAL SERVICES The following Services are not included is 'Basic Services unless so identified in Article 15.. They shall be provided if authorized or confirmed in writing by the Owner, ana they shall be paid for by the Owner as provided in this Agreement, in -addition to the compensation for'9, ervices. 4RCHPfECT AGREEMENT - THIRTEZN1n EDITION • ILIA 1977 - AIAO -,0 1977 ARCHITECTS, 1735 NEW YOP,K AVENUE, N.w., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.7.2 Providing financial feasibility or other special studies. 1.7.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies al!d submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and Equipment which are not intended to be con- structed during the C�,�7struction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measurer draw:ngs thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction -Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the. Owner's own forces, 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of'Cons'ruction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Prr.,vid:ng interior design and other similar ser vices required for or in connection with the selection, procurement or installation of furniture, furnishings and .related equipment. 1.7.11 Providing services for planning tenarit or rental spaces_ 1.7.12 Making 'revisions in Drawings, Specificatior_.s or other clocurrintngOg such revisions are inconsistent with written or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and support;ng data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not amm?nsurate with the services re- quired of ti�- Architecv, provided such "Change Orders are requirszt by causes not solely within the :ontrof of She Arcoitec° 1.7.11 Making investigations, surveys, valuations, 'inven- tories or detailed appraisals of existing facilities, and 'serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation cohcerning replacement of any Work damaged by fire or other cause during con struction, and furnishing, services as may be required in connection with the replacenwrit of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.17 Preparing a set of reproducible record drawings shcAving significant ch: ^ages in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and :maintenance manuals, training personnel for eration and maintenance, and consultation during op: on. 1 7.19 Providing services after issuance to th Iwner of the final Certificate for Payment, or in the ice of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. L7'.2Q Preparing to serve or serving as an expert witness in connection with any pubiic hearing, arbitration pro- ceeding or legal proceeding. 1.7.�1 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project, 1.7,22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.8 TIME 1.8.1 The Architect shall perform Basic and Additional services as expeditiously as is consistent with professional skill and ca.e and the orderly progress of the Work. Upon reques4 of the Gwsier, the Architect shalt submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ds of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded, by the Architect. ARTICLE 2 THE OWNER'S RESPONSMILITIES 2.1 The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, €lex�bility and expandability; special equipment and systems and site requirements. 2..2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those descr0,a- d in this Article 2 and in Subparagraph 3.1.2. 1'he Owns, shall, at the request of the Architect, provide a statement of funds, available 'jr the Project, and their source. AIA DOCUMENT •".1G7 - OWNER-ARCHi7ECTAGREEkiENT • THIR(EENTH WiTION • JULY 1977 - AIA,9 - 01977 THE AAtER!!AN Iti571YU7E OF ARCHITECTS, t 35 NEW PORK AVlr,NUE, N w., WASHINGTONr D.C. 20006 BE141-1977 s i i� 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the! Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights -of -way, restrictions, easements, en- croachments, 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 serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and eater conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Coi_tract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's App!ica- tions for Payn•(ent or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 2.9 The services, information, surveys and reports re- quired by Paragraphs 2..4 through 2.7 inclusive shall be furs;shed at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereon signed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the ta.1d, rights -of -way, or other costs which are the responsib li',y of the Owner as provided in Arti- cle 2. 3.2 REEPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the: Owner's Project budget, State- ments of Probabie Construction Cost and Detailed Estimates of Construction Cost, if any, prep; red by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has contrei over the cost of labor, mate- rials or equipment, over the Contractor's method, of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiatedprices will not vary from the Project budget proposed, established or approved oy the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as -a condition of this Agreement by the furnishing, proposal or establishment of a Project budget uncle paragraph 1.1.2 or Paragraph 2.2 or otherwise, unl<•, fixed limit has been agreed upon in writing and sip, the parties hereto. If such a fixed limit has been fished, the Architect shall be permitted to include rr tingencies for design, bidding and price escalation. t termine what materials, equipment, component system.., and types of construction are to be included in tF.-- tract Documents, to make reasonable adjt stmen;, t`.: scope cf the Project and to include in the Contr:,• ments alternate !yids to adjust the Construction C fixed Limit. Any such fixed limit sha!f be increase amount of any increase in t`1e Contract. Sum tir;.cu..,ng after execution of the Contract for Construction. 2.9 f the Owner observes or otherwise becomes aware 3.2.3 if the Bidding or Negotiation Phase has n3i com of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of E- :ces services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditious!y as necessary for the orderly progress of the Sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 if a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona ficle bid or negotiated pro - CONSTRUCTION COST posal, the Owner shall (1) give written approval of ;an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebiddirg or re- negotiating of the Project within, a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accor;iance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) coom: rate n ,evising the Project designed or specified by the Architect. scope and quality as requ+red to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost, In the case of t41, provided a fixed limit of Cons ruc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree - head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod - by the Owner and any equipment which has been de- iffy the Drawings and Specifications as nCcessary to comply AtA 00CUMEWT 8141 • OWNER -ARCHITECT AGREEMENT * THIRTEENTH EDITION • JULY 1977 • AIAo . 11D 1977 6 8141-1977 THE AMERICAN INSTITUTE" OF ARCHITECTS, 1735 NEW YORir AVENUE,;, N.W., WASHINGTON, D.C, 20006 [71 with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the h,tab;ishmen: of such fixed limit, and having done so, the Architect shall be entitled to compensation fo- all services performed n accordance with this Agreement, whether or not the Construction Phase -s commenced. ARTICLE 4 p:;RECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and cu, omary contributions and benefits related thereto, suci: as employment taxes and other statutory employee bene- fits, insurance, pick leave, holidays, vacatiot^a, pensions and s�milar contributions and benefits. ARTICLE S REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in aLidition to the Com- pensation for Basic and Additional Services and include actual expendlti,res made by the Architect and the Archi- tect's employees •tnd consultants in the interest of the )Iect for the expenses listed in the following Sub- 'graphs: 3.1.1 Expense of transportat; ,, in connection with the o�ct, living experses in .unnection with out-of-town 21: !ong distance cocimunications, and fees paid for securing app,ovai of authorities having jurisdiction over the Project. 5.1.2 Exranse of reproductions, postage and handling of Cra%�-ings, Specif cations and other &cument5, excluding reproductions for the ,:;lice use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duct,on techniques wl1•: t used in connection with Addi- iinnal Services. 5.1.4 If authorized in advance by the Owner, expense of rnertime work requiring higr.er than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. 5.1.6 Expense of any add.tional insurance coverage or limi's, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultant-,. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initia! payment as set forth in Paragraph 14.1 the rTi,nimum payment under this Agreement. or extended through no fault of the Architect, compensaw tiu+q for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set ,forth in Paragraph 14.4 for Addi- tional Services, 6.1.4 When _ompensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project ihall be payable to the extent �iervic -s are performed on such portions, in accordance -r:net'ule set forth in Subparag aph 14,2.2, based Lowest bona fide bid or negotiated proposal or, ,t,ch bid or proposal is received, the most recent ,ent of Probable Construction Cost or Detaiied Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services a� der?nF_.d in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1t No deductions ;hall be made trom the Architect's compensation on account of penalty, liquiz�a ed damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 if the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expens -s as defined in Paragraph 10,A, If the 'Project is resumed after being suspended for more than t,iree months, the Architect's compensation shall be equitably adjusted'. ARTICLE ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of genera!ly accepted accounting principle;, and shall he available to the Owner or the Owners authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS is 8.1 Drawings and Specifications as instrument; of serv- 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services pee- iormed within each Phase of services, on the basis set forth in article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded AIA U`OCUMENT 8141 - O�tiNEP•ARCHiTECT AGREEM THE AMFRICAN INSTITUTE OF ARCHITECTS, 1rS ice are and shall remain the property of the Architect whethc,(' the Project for which they are made is executed or not.. The Owner shall be permitted to retain copie<, in ,Juding reproducible copies, of Drawings and Specifica- tions for inforr.tation and reference in connection with the Owner's use and occupancy of the Project, The Drawings and Specifications shall not: be used by, the Owner on T)•IIQTEENTH EDITION ;• JULY 1977 - AIAs - O 197- YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 7 tither projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in c+efault under this Agreement, except by agreement in writing and w,th appropriate compensation to the Archi- tect. 8.2 Subt ssion or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9X, All claims, 8ispures a r!i Tv que be Neen the parties to this Agreement, arising out of r relatrgg to this Agreement or the breach thereof, sh be decide b•, arbitration :n accordance with the Co struc- tion Ina stry Arbitration Rules of the American Arbitra- tion Asso on thp- obtaining unless the par es mutu- ally agree o erwise. No arbitration, arising t of or re- Ia,mg to this greement, shall include, by onsalidation, joinat: or in a other manner, any additi hal person not a party to i'.,s A, eement exce,at by wi•i en consent con- t3in:ng 3 SpeCitic r "erence to this Agr ement.?nd signed by the Architect, the v.ner, and an other person sought to be ruined. Any co eat to arbit tion involving an ad- diticr al person or pens s shall t constitute consent to arbitration of any disput not escribed therein or with =rev person not teamed or ribed therein. This Agree ment to irbit;ate and any ement to arbitrate with an additional oerson or per ns `uly consented to by the parties to this Agreemer-�shali b specifically enforceable under the prevailing a itration lay 9.2 Nonce of the mand for arbit tion shall be riled in writing with the er party io this reement anti with the American A itration• Association. a demand shall be Wade withi a reasonable time after th claim, dispute c. uther ma r in question has arisen. In o event shall the deman for ,arbitration be made after th date where insr•tutio of legal or equitable proceedings based on s.ch cl m, dispute or other matter in question t ouId be barre�y the applicable statute of limita:i^x.�. The award rendered by the arbitrators shall ;udgment may be entered upon it in accord2 ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This A ,reement may he terminated by either party upon seven days' written notice should the other party rat; substantially to perform in accordance with its terms - through ;io fault of the party initiating the termination. T0.2 Th,s Agreement may be terminated by the Owner upon, at least seven days' written notice to the Architect in the event that ;he Project is permanently abandoned: 10.3 In the event of termination not the fault 6' the Ar- chitect, *he Architect shall be compensated for all services pe-`ormed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Parag aph 10.4. 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not oth,, revise compensated, plus an amount computod as a, percentage of the total Basic and Additional Compensa- tion earned to the time of termination, as follows: " 20 percent if termination occurs during the Sche- matic Design Phase or .2 10 percent if termination occurs during the Design Development Phase; or .3 5 percent if termination occurs during any subse- quent phase. ARTICLE 11 MISCELLANEOUS PROVIS'ONS ias� r' .ikc Are .11 ai�eaA--ear� sae-aa� , 11,3 As between the parties to this Agreement: as to all acts or failures t act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all !vents not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to -act occurring after the relevant Date of Substantial Completion, not Later Than the date of issuance of the final Certificate for Paymev-,t. QwPR; a rt, +,�1 a�;.. Ids• 99 ';a�t�etsear-4- �,, TIC— ARTICLETICLE 12 SUCCESSORS AND ASSIGNS 12.1 Via- Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party tc this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in rhis Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement Letween the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written ot• oral. This Agreement may be amended only by written instrument signed by both' Owner and Architect. AIA DOCUMENT 6t41 • OWNER -ARCHITECT AGREEMENT + 'tiiiRT.E£NTH £DITTO:, • JULY 1974 • A,'ANW . 01977 8141-1977 THE AMERICA. INSTITUTE OF ARCHITECTS, ls?5 NEW ORK AVENUE, N..y:, WASHINGTON, D.C. 200% ARTKLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN ;NITiAL PAYMENT of Zero dollars ($ 0 . 00 ? shall be made upon execution of this Agreement and credited to the Owner-, account as follow:: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1,1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here �r;ert basis o! rompensatson, including fixed amounts, multiples or percentages, and Identify Phases to which particular methods of compensa- I�on apply, .t necessary ) A fee equal to seven (7%) percent of the construction cost. Not to exceed $62,000.00. 14 ...2 Where compensation, is based on a Stipuiated Sum or Percentage of Construction Cost, aaymeni; for "asic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: Include any additional Phases as appropriate,) Schel;tatic Design Phase: fifteen percent (15 Design Development Phase: thirty five percent (3.5 %) Construction Documents Phase: severity fitre percent (7 5 %) Bidding or Negotiation Phase: eighty percent (80 %q) Construction Phase: one hundred percent (100*/'1) 14..3 FOR PROTECT REPRESENTATION BEYG`!D BASIC SERVICES, as descx'hed in Paragraph 1.6, Compensation shall be computed separately in acccrdance with Subparagraph 16.2. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT THIRTEENTH EDITION JULY 1977 e AUAM • iD 1977 �i41-7��i THE AMERICAN INSTITUTE OF ARCHITECTS, 173S' NEW YORK AVENUE,, N.W., WASHINGTON, O.c, 2M�flfi 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT,, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part Tuitional Services, but exciudirlg Additional Services of consultants, Compen- sati.en shall be c(.mputed as follows. •ie• ,-n has,s )l rompensitio-i including rates aodbr multiples of Direct Personnel Expense for Principals and employees, and identify Principals and , :,; ry employees, :t required Identify specific services to which ps.tticular methods of compensation apply, if necessary.) Principal's time at a fixed rate of $45.00 per hour. Principals. T. V. Anthony, A.I.A. V . Wallace Langfors , A. I. A. ], . Roger Winner , A. I. A. Employees time (other than principals) at a multiple of three (3�) times the employees Direct Personnel Expense vs defined in Article 4. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and tho••e provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of Une & one quarter f 1 .35 t times the amounts billed to the Architect for such services. :deny •. spec,Q types of consultants in Article 15. it required,, 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and deiy other items inch ded in Article 15 as Reim- bursable Expenses, a multiple of One & fifteen hundredth,% 1:15 ) times the amounts ax pended by the Architect, the Architect's employees and consultants in the intereest of the Oro act. 14.6 Payments duo the Architect and unpaid under this Agreement shall bear interest frorr+ the date payment is due at the rate entered below, or it; the absence thereof, at the legal rateprevaiiiny at the principal pl7:ce of business of the Architecc. - "ere nsert any rate of interest agreed •pon.) One((%) percentper mot7tl'i, on unpaidbalance after 30 days from billing l ­r, taws and • gwremenis ,nder the Federal Truth in Lendhig Act, srmP it state and lord •onsumer credit .laws and other regulations at the 0wne, , and architect's principal places of business. the location of the Project and elsevvhtre may affect the validity of this presrsion Specific legal ad. -re •hould he obtained with respect !o deletion, modification, or other requirements syah as written disclos<tres-or waivers: 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project ur of the Atchitecry Se,; 'ces is changed mz terially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have 'not been completed within twelve ti a months of the date hereof, through no Sault of the Architect, the amounts of compensation, rates and mul ,pies set forth herein shall be equitably adjusted. AIA DOCUMENT 8141 • OWNER ARCHITECT AGREF„„MENT • THIRTEENTH EDITiON • JULY 1977 • AIAS • sD 1977 10 8141-1977 THE A.MERICAN INSTITUTE OF ARCHITECTS, ii35 ,NEW YORK AVENUE, N.W., WASHI4GTON, O.G. 2000fs' ARTICLE 15 OTHER CONDITIONS OR SERVICES ArchitectucaL fee not to exceed $62,000.00 Adaitionai Articles 16 through 22, inclusive, are attached hereto and lLncc rporated by .reference herein. Architect agrees {-D perform this agreement in accordance with the city specifications for this work and the architect's proposal, which are on file with the city and incorporated' by reference hereir. AlA DOCUMENT $141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITIG?I • IULY 1977 • AIA's 1977 9 THt AMERICAN INSTITUTE OF ARCHITECTS, 1735 WEW YORK AVENUE, ;� W., WASHINGTON, D.C. 2WM 6141-1977 11 ARTICLE 16. DISPOSITION Or, It,'SPECTION FINDIN13S, REPORTS AHD OTHER DOCUMENTS; ARCHITECT agrees that all reports, both field and office notes, calculations, and other documents, shall he turned over to Oi.WER upon completion of PROJECT. O61NER hereby agrees to indemnify, hold harmless, and defend ARCHITECT nor and against any and all claims resulting from, or arising out of the use of the reports prepared by ,RCTTImt?CT for 0WNTER. ARTICLE 17. DISCRIMINATTON: ARCHITECT agrees that in the performance of the terms of this agreement, it will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of race, religious creed, color, national origin, ancestry, phys W- cal handicap, medical condition, marital status, or sex of such persons, except as pr^-=Tided in Section 1420 of the California Lab.jr Code. Violation of .-ovision may result i r_ the imposi- tion of penalties referred to in Division 2, Part 7, Chapter 1 of the California Labor Code. ARTICLE 18. INDEMNIFICATION, DEFEPTSE, HOLD HARPTLESS: ARCHITECT shall defend, indemnify and hold harmless OWTNER, its ofz'icers, agents and employees, from and against any and all liability, judgments, damages, costs, losses, claims, includ- ing l;'orkers' Compensation claims, and expenses resulting from or connected with ARCRITECT'S negligence or other tortious conduct in the nerformance of this agreement. ARTICLE 19. WORMERS' COMEh"ITSATION: ARCHITECT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and .11 similar State or Federal acts or laws applicable. ARCHITECT shall ft°r_iish to OWNER a certificate of Workers' Compensation insurance. The insurer shall not cancel or modify the policy without thirty (30) days' prior written notic:: to the OWNER. In the alternative, the ARCHITECT may show proof of a certificate of consent to self -insure issu-d by the Director of Industrial Relations according to California Labor Code Section 3800, ARTICLE 20. INSURANCE: ARCHITECT shall obtain a policy of ^omprehensive bodily injury and property damage liability insurance, and maintain such 1:olicy in effect for the pe2iod covered by this agreement, providing coverage for bodily injury and property damage in the minimum amount of $300,000 combined single limit per occurrence. The policy shall name, as additional assured, OWNER and its officers and employees, while acting within the scope of their dutie against all claims, suits, or other actions of any nature brought for or on account of any injuries, damage or loss, including any deaths arising out of or connected with the work of ARCHITECT unde3, this contract. ARCHITECT shall fur- nish OWINER a certificate of insur•arrce from the insurer evidencing compliance with this paragraph and providing that the insurer 2: �' ® .A m s`:al L not cancel or modify the policy without thirty (30) days' r,r�or written notice to OWNER. ARCHITECT shall give OWNER pr..D:pt and timely notice of any claim made or suit instituted. -r, a(l i it .-ion , ARCHITECT shall furnish to OWER a certificate of _n2iuP once eviaenc' n.g an errors and omissions insurance policy in an amount not less than the contract price of this agreement. ::? 7 C i s 21. I NDTL PENDENT CONTRACTOR: I is further understood and agreed that ARCHITECT is, and ar:ting at all times as an independent contractor herein not as an emplcyee of OWNER. ARCHITECT shall secure at its expc!,se , and be responsible for any and all payment of income tax, social security, state disability insurance compensation, une~^.ploy,nent compensation and other payroll deductions for ARCHI and _ s officers, agents and employees, and all business �4,-e se—,, i f any, in connection vTith the. services to be performed .. 22. Vie C='_' and ARCHITECT hereuy agree to delete Sections 11.1 and 4 f rom the "Standard Form of Ag,^eement between OWTIER and AIA Document B141. 3, _ : ._ IyrnlSaRwTlif I .. e ATTEST: CITY OF HUNTINGTON BEACH REVIEWED AND APPROVED: APPROVED AS TO FORM: 6/L( �Vcy Administrator City Attorney ,k�' t l INITIATED AND XPPROV'r 1 AS TO CONTENT. em QESIGN OfE55fONALSY iNSURA OMPANY :` -• 50 CALIFORNIA STREET UNION BANK BUILDING SAN FRANCISCO,CA 8¢11 ptgA i CERTIFICATE OF INSURANCE 8 ✓ THIS CERTIFICATE IS ISSUED AT THE REQUEST OF: L ,City of Huntington Beach r; Risk Manager -P.O. Box 711 .Huntington Beach, CA 92648 THE POLICY INDICATED BELOW BY POLICY NUMBER, POLICY PERT INSURED'S NA ZE AND ADDRESS: Anthony & Langford/Architects 16.--52 Beach Blvd., Suite 201 Puntington Bea,!h, CA 92647 DATE ISSUED: 3/11/81 AND LIMITS OF LIABILITY HAS-BEEN ISSUED'TO: TYPE OF INSURANCE DATE LIMITS OF LIABILITY DEDUCTIBLE POLICY NUMBER MONTH -DAY -YEAR 7 BODILY INJURY AND PROPERTY DAMAGE PROFESSIONAL LIABILITY EFFECTIVE EXPIRATION' 800415A 3/27/81 3/27/82 ( s 100,000 $6,000 I' EACH OCCURRENCE OR IN THE AGGREGATE > EACH OCCURRENCE COMPREHENSIVE GENERAL LIABILITY EFFECTIVE EXPIRATION (EXCLUDING AUTOMOBILES) NONE 800415A 3/27/81 3/27/82 $ 500,000 CSL• BI&PD EACH OCCURRENCE OR IN THE AGGREGATE DESCRIPTION OF OPERATIONS AND LOCATION TO WHICH CERTIFICATE APPL;FS: NOTICE: Notwithstanding any requirement, .arm, or condition of any contract or oJ' ar document with respect to which this certihcat. or verification of insurance may be issued or may pertain, the insurance afforded by thepolicies described herein is subject to all the terms, exclusions, and conditions of such policies. CANCELLATION: Shoula any of the above described policies be cancelled before the expiration date thereof, tha Issuinq v;i!I ic.YXx.`OY`.{� mail 30 days written notice to the below nameu certificate holder. SPECIAL PROVISION,;: City of Huntington Beach is added as Additional Named insured to Comprehensive General Liability ONLY portion of policy as respects to work being performed for them by Anthony & Langford/Architects. In the event of material change or cancellation, 30 days prior written notice will be given to Certificate Holder. This cer!iflcate of insurance is merely a recital of insurance afforded by the company on policy and endorsement forms in use by the company. Nothing contained herein shall operate 'to alter such insurance. ISSUED AT: South Pasadena, CAm PRODUCER __Richard L. Narve.r, , Inc DESIGN P,ROFESS,IONALS INSURANCE COMPANY LOCATION P.O. Box 1544 SC. Pasadena 1 le) SIGNnTUREOFt +TfiORtZEDAEPRESENTATIV SIGNATUREOF AUTHORIZED REFRESENTA`nVE Richard T.- Narver, Inc, CERT WN1683-2 01-80 Return or'alinal and three copies of istrihution campla!ed cartificate to; Original— Originating Dept. �., +r CERTIFICATE ,#NSURANCE After Approval Yellow- Risk Managfr City of Huntington Beach TO Ry City Attorney Pink — City Clerk Dept. Gold --.City AttorneyP. O. BOX 190 CITY OF HUIVTINGTONI BEACH, CALIFORNIA Huntiroon Reach, California 92646 A MUNICIPAL CORPORATION RE'�E1VEQ CITY ATTORNEY This is to certify that the policies of insurance a: described below have been issijed to the insured by the uneler- signed and are in force at this time. If these policies are cancelled or changed in such a mannprthat will affect this MY40M980 insurance company agrees to give 30 days prior written notice, by mail, to Cite of Huntington Beach, P.,0. MW 190, Huntinc-n PM Beach, California 92648. 71819110I11gl21112A41516 Name of Insured Anthony & Langford/Architects Addres-. of Insured 16152 Beach Blvd., Suite 202., Huntington Beach, CA 9.2647' L )cation of Insured Operations Ate y+.P q t} & tin i— / to %1, leLi Description of Operations! Lake Street Fire Station and oakview Community Qa}'>ter POLICIES IN FORCE POLICY NUMBER 0 TE l LIMITS OF LiAP.IL'TY EFFECTIVE EXPIRATION A, Workeri Compensation Statutory Employers' Liability , $ B. Public Liability: ' $300,000 combined single limit per occurrence. Bodily Injury: Manufacturers and Contractors ❑ $ _ ` Each Person Comprehensive General ® '': 00415 3/2 7/$ 3/2 7/81 $ 5 00 t 000 Each Accident (including products ,ompleted operations) Prof. Liab. 1800415 3/27/8 3/27/8I $100, 000/10, 000-DeductiblE $ Each Accident Property Damage-- C. Automobile Liability: Bodily Injury $ $Each Person Each Accident Froperty Damage 1 j j w - Eadh Auzidtnt Does policy cover: (Please chock at least ova) All ovined automobiles 1 ) Yes i 1 No Non -owned automobiles ( } Yea I } No Hired automobiles ( } Yes ( } No D. Additional Insured ►Indorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City 'Council appointed: giroups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach. E. !-fold Harmless Agreement: By Insured: cpy 7��t Vic (Signature) y 4Pfevffv�vy�y��y��iT+A6y�Y�CCIIryAijyl4QyM.t�vl�rYl��ris.i.ty7iCyi�y�jo��yii�ly�sf�AXy3 t��y��41yt���'dyyN�y�7yYi�-1✓yi'�saT.fl.��eiyyy,a��'sy�+�.'�y� 7Y�?��,Lfty1XWyyr,4�F��?yBiR��CiFy �J4:t�vir�ffRS}+ilJi �,,C y�95�FK'3pEyP,C:7i,F7t�i3@;6';OyE��t££V'f{iXigr,,Aft[��ty37 y{�l�y,�F,e@'R9S�n'i7�� u,�L'flg4�i 1P1�1yYi�[Ei ylYf�'S�Pb3l �tri��g��p�PL�tS�y��.ZV�,+i,�57Yyi7iA�i�1.�7��1�1F9`d,�116At'1�17L17�09C6Si�ASi1C]Id1Y]�T�Y�[triei��S2L11�{a�tQi�1A� � Y'�YYYti�L.��i3x'4.Y��Y9eM1'�IYd tl'7111�• F. Rsmarks: APPROVED. AS TO FORM: Sce Article 18 of contract-bet-7een City GAINHUTTON City Attorney of Huntington Beach/ owner, and Anthony & Langford/architect, for Indemnification, By; Defense and Hold Harmless Agreement. Deputy CityAtto:' 1 Date May 13, 1980, AUTHORIZED'Ff€PRESENTATIVE GFINSURANCE COMPANY r INSURANCE COMPANY i3 y Nero, Design_ Professionals Ins. Co. s+gnatureofAutl,onzad Representative/Agent ti-a7'CRARD' L. NAR.VER, INC. Address 50 California St. Adi�ress .1517 Fair Oaks Ave. San Francisco- CA 94111 South Pasadena, 'CA 91030 City ' Telephone — Z, f o_ City of Huntington Beach P.O. Box ISO CALIFORNIA 92648 OFFICE OF CITY CLERK A REQUETT FOR CITY COUNCIL ACTION y Submitted "ay James W. Palin, Director Department Development Services Date Prepared March 28 , 1980 Backup Material Attached Dyes []No Subject ARCHITECTURAL SERVICES AGREEMENT FOR LAKE STREET FIRE STATION City Administrator's Comments ApgR®VED BY CJV11 Gougam Apr,rve as recommended Crry Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE: As part of the City's Fifth Year Housing and Community Development Program, $600,000 was budgeted for the design and construction of a new fire station to replace the existing Lake Street Station. A site has been selected for the new facility and it is now possi- ble to begin its design. RECOMMENDATION': Select the firm of Anthony & Langford to provide the design of the Lake Street Mire Station and approve and order the Clerk to execute the attached, architectural services agreement. ANALYSIS: Pursuant to Chapter 3.03 "Professional 'Services" of the Municipal Code, , Request for Proposals regarding the Lake Street Fire Station were distributed to architectural firms -listed on the City's pro- fessional'roster and an advertisement was published in the news- paper oof general circulation. Based on the contents of its pro- posali the firm of Anthony & Langford was recommended to the City Council. The `proposals received are attached for the Council's review. ALTERNATIVES: Lake ,Street Fire Station may not move ahead without a=contract for Architectural services'. / pits 5.. I +, q: a% 11-1. e ANTHONY AND LAINIGFORJ AIA ARCHITECTURE ENGINEERING - PLANNING Man.'i 17, 1980 Mr. Ed Vasile - Administra't�N,e ;deputy City cr Huntington Beach P.O. Box 190 Huntington Beach, California 92648 Re: Lake Street fire Station Proposal Dear Mr. `;asile: Upon a review of our recent, proposal to the City on the above referenced project, we would like to offer the following: in view of this project's apparent similarities to previous fire facility work we have developed for the City, we feel the time required to develop the schem:,`tic and design development phase of this project could be reduced by.one (l) month. Due to this reduction iii the der ign development effort we feel it is appropriate to propose an architectural fee of 7%p of the final cost of construction,. Very truly yours, ANTHONY and ANGFOR A H.'TECT'S V. Wdllace Langford, A .A_ V,AfL/dg 16152 Beach Blvd..' Suite 201, Huntington Beach, California .9 ?{i47 (71,41) 848-181+8` PROPOSAL INFORMATION FOR LAKE STREET FIRE STATION CITY OF HU NTINCTON SFACH CALIFORNIA TABLE OF CONTENTS ORGANIZATION OF FIRM PARTICIPANTS RESUME DESIGN APPROACH SCOPE AND TIME OF WORK PRELIMINARY COST ESTIMATES AIJD PROPOSED ARCHITECTURAL FEES FIRE PROTECTION FACILITIES BY ANTHONY AND LANGFORD REFERENCES '�,'.x>k�F1T�k ^S�a'ji,'$$,�P"4w , �.. � t4 �, •. t � :� � , � w b `=,_3 " ANTHONY and LANGFORD/ARCHITECTS A. I. A. 16152 Beach Boulevard, Suite 201 Huntington Beach, California 92647 Telephone: (714) 848-1818 A CALIFORNIA CORPORATION T. V. Anthony 11, A.I. A. V. Wallace Langford, A.I.A. E. Roger Willner, A.I.A. Practice Established 1950 r President Vice President Secretary -Treasurer m PARTICIPANT,'" Architects; Principal In Charge Project Designer Contract Administrator & Field Observation Bruce Buehler/Architect or Tom Keller/Architect Anthony and Langford/Architects A Corporation T. V. Anthony II, A.I.A. Neill Noble, A. I. A. E. Roger Wilmer, A.I.A. Project Architect ®,L1�' Consultants; Mechanical: F. T. Andrews, Inc. Fullerton Electrical: Frank Y. Tso - Electrical Huntington Beach Engineering Co., Inc . Structural: Hillman, Biddison & Los Angeles Loevenguth P9I a RESUME The experience of our personnel in fire facilities extends over a period of approximately 35 years beginning with research and design by T. V. Anthony for a fourth year design problem while still at the University, After graduation, Mr. Anthony designed several Los Angeles County stations and remodeled several others. Following the formation of Anthony and Langford in I950, therefollowed many stations of v Irying sizes over the years for such public bodies as Los Angeles, San Bernardino and Orange Counties and the Cities of El Monte, Compton, Downey, La Habra, Whittier, Glendora, Orange, Huntington Park, Montclair, Santa Fe Springs ,_Huntingtor Beach, Palm Springs, Norco, Chino and Westminster. In addition to fire stations and fire department headquarters there were airport crash/fire/rescue facilities, communications and training facilities . Currently we are in the design stages of a two story headquarters station for the City of Westminster that has basic elements similar to your proposed station plus departmental administration offices. We have worked with a variety of clients cities, fire protection dis- tricts counties, joint power fire autborities and- even private parties in the case of In se back financin Pro'ects have been financed b a _g. ) y capital funds, general obligation bonds, E'.D.,A. financing, Federal Aviation Authority dollars, private parties and a combination thereof. Each of these methods of finanr:ing require special consideration in the preparation of contract documents . In our years of experience wehavelearned a great deal about the design and construction of fire facilities, however, we have also learned that the perfect station has yet to be built and we look forwardtoa new opportunity to hone our skills in our search for the perfect solution. APPROACHDESIGN Our approach to the :design of this' facility would be similar to that which has proven successful through the years for other clients. Our first concern is for the comfort and efficiency of the occupants The facility must�be so located on the site as to provide optimum use of the property, provide easy ingress and egress for fire equipment. taking into consideration location of fire hydrants, fuel tanks and pur-ps, hose drying facilities and parking for personnel vehicles. The interior must be so arranged that there are well conceived paths frorn �xiministrative, work and living areas to the apparatus floor. The interreiatlon of spaces roust be logical and efficient, and it must be a plea. ant pla -e In which to live and work. To achieve tl.ase goals, conferences will be held between Owner and Architect to develop design criteria defining scope, size and interrelation of spaces, type of construction, finish materials, maintenance and aesthetics considerations. Energy conservation must receive special attention. All must be carefully considered to achieve an optimum development within art acceptable cost range. Fire stations are 24-hour a day, intensively used facilities Only permanent low maintenance materials will withstand the hard wear they receive without showing distress and requiring expensive maintenance. Life -cycle costing indicates that low maintenance, relatively permanent materials are the least expensive over tune. Ma�erlals in this categony are split face .:oncrete block, slump stone, brick, clay tile roofing, anodized aluminum doors and windows, vinyl wall coverings, metal door frames, laminated plastic casework, ceramic the wall and floor coverings, etc. A fire station, more than most municipal facilities, is a collection of diverse - details all requiring experience and careful attention in order to achieve a unified and functional whole. 01a*n�t-k\ i. i...ie.,,».ice#+-.:+*rim.• .S.rraa*-�..'^TMri'- €:� k!!-atn--�S..i�.._bn...., .1, ... SCOPE AND TIME OF WORK Scope of work to be performed shall be as set forth in the attached C . C . A. I . A. Standard Form of Agreement No. B141 between Owner and Architect, Article I, "Architects Services and Responsibilities". The estimated time for the phases indicated in Article I are as follows: Schematic Design Phase Design Development Phase Constructi n Document. Phase Plan Checking & Approvals Bidding & Negotiation Phase Construction Phase 1 month I month 3-1/2 months 1 month 1-1/2 months 10-12 months f;_ PRELIMINARY COST ESTIMATES AND PROPOSED ARCHITECT-URAL PEES The cost of all' public facilities have increased at an annual rate of eight to as much as sixteen percent per year in the recent past. From mid -year 1978 to mid -year 1979 building costs escalated thirteen per- cent, and currently costs are risingat a rate of 1-3/4% per month. Based on our most recent station for the City of Westminster, we would estimate a project construction cost of approximately $90 00 per square foot including site development but not including loose furniture, architectural fees, construction inspection and testing of materials, surveys or foundation inves',igation report. On this basis the construction cost for a 9,500 square foot facility would be $855 , 000 ; 00. Proposed architectural fee for the project is 8% of the final cost of construction, which as outlined above mo uld be 8% of $855, 000.00 or $68, 400.00 FIRE. PROTECTION FACILILfvS The following is a list of the most current and representative group of fire facilities which indicates the architect's estimate as compared to the final; construction cost. Westr:rinster Fire Station No. 3 Completed 1980 Architectural Estimate $784,000 Construction Cost 776,000 Garden Grove headquarters. Fire Station Completed 1979 (2 story addition) Architectural Estimate $602,000 Construction Cost 614,000 Palm Springs Fire Station Headquarters Completed 1976 & Airport Fire Station Architectural Estimate $784,000 Construction Cost 776,000 Orange County Airport Fire Station Completed 1976 Architectural Estimate $455, 000 Construction Cost 429,000 Joint Powers Fire Training Center Completed 1974 Huntington Beach' Architectural Estimate $731,975 Construction Cost 7112,200 Murdy Fire Station - Huntington Beach Completed 1972, ArchitecturaLEstimate $273, 630 Construction Cost 277,461 Montclair Headquarters Fire Station Completed 1969 Architectural Estimate $330,000 Construction Cost 325,000 (Split level) inf6 �.—'omia`_ """-'-"utiihln'1'i➢�i+.ii�YRBN � , '.... FIRE PROTECTION FACILITIES . (Project costs listed below include site development_) Westninster Fire Station No. 3 Completed 1980 Area 6,100 s . f, Cost $498,50,0 Property Size 1.6 acres Garden Grove Headquarters Fire Station Completed 1979 2 Stocy Addition Area 7,779 s.f. Cost $6.14, 787 Chino Fire Station No. 5 Completed 1978 Area 5, 800 s , f . Cost $469, 980 Property Size 1 acre Norco Fire Station No. 7. Completed 1978 Area 6,600 s.f. Cost $475, 942 Property Size 1 acre Joint Fire Training Center Anaheim/ Garden Grove/Orange Completed 1978 Area 19,000 S.f. Coat $1 , 585 , 522, Property Size 3.44 acres Orange County Crash/Fire Rescue Facility Completed 1976 Hrea 8,900 s.f. Cost $429,145 Property Size Airport Property Palm Springs Fire Dept. Hdqutrs. & Airport Fire Station Completed 1976 Area 14,350 s.f. Cos $723,000 Prop !rty Size 280' x 320' Joint Powers Training & Communication Center Completed 1974 (Cities of Huntington Beach, Fountain Valley, Seal Beach and Westminste4)' A --ea 19,000 s.f, Cost $730,000 Property Size 320' x 620' Gothard Fire Station, Huntington Bench Completed 1972 Area 10,028 s.f. - Cost $285 000 Property Size 160' f 220' FIRE PROTECTION FACILITI - Cont'd. Murdy Fire Station, Huntington Beach Completed 1972 Area 10,028 s.f. Cost $277, 500 Property Size 162' x 220' Santa Fe Springs Fire Station No. 4 and 'training Center Completed 1971 Area 18,740 s.f . Cost $531,000 P,,oroerty Size 385' x 215' L. A. Co. Fire Station No. 35, Cerritos Completed 1970. Area 4,769 s.f. Cost $138,000 Property Size 80' x 150' Nlontcl- �, Fire Department Headquarters Completed 1969 Area 12,500 s.f. Cost $325 , 000 Property Size 180' x 275' Montclair Fire Station No. 2 Completed 1969 r',rea 5,600 s.f. Cost $140,000' Oroperty Size 110' x. 220' Montclair Training Tower Completed 1969 4 Stories $37,500 L. A. Co. Fire Station No. 49, La Mirada Completed 1967 Area 5,570 s.f. Cost $119,000 Property Size 80` x 321' Glendora Fire Department Headquarters Completed 1966 4,r�a 11,240 s.f. Cost $223,500 Property Size 80' x 321' Glendora Fire Station No. 3 Completed 1965 Area 3,600 s.f. Cost $65,000' Property Size 110' c 150' Orange Fire Station No. S Completed 1965 Area 5,569 s.f. Cost $111, 500 Property Size 121' x 223' L. A. Co. Fire Station No. 29, Baldwin Park Completed 1964. Area 5,570 s.f. Cost $97,900 Property Size 156''x. 147' FIRE PROTECTION FACILL IE -, Cont'd. 'Huntington Park Fire Department Headquarters Completed 1963 Area 11,958 s.f. Cost $207, 800 Prop--rty Size 200' x 150' - - GlendoLa Fire Station No. 2 Completed 1962 Area 3,600 s.f. Cost $52,777 Property Size Portion of Park Whittier Fire Station No. 4 (.•-)mpleted 1962 Area 4,585 s.f. Cost $69,630 Property Size 150' x 80' Compton Fire Station No. 2 Completed 1961 Area 3,547 s.f. Cost $61 , 972 Property Size 56' x 110' La Habra Central. Fire Station Completed 1960 Area 7,000 s.f. Cost $131 , 000 Property Size 100' x 110' Dow ,ey F'.re Station No. 4 Completed 1959 Area 3,600 s.f. Cost ` $48 000 Property Size 110' x 130' Compton Fire Department Headquarters Completed 1958. Area 16,000 s.f. : ost $215,000 Property Size 155' x 200' El Monte Fire Department Headquarters Completed 1955 Area 6,450 s.f, Cost $85 , 000 Property Size - 125' x 150' Several L. A. Co. Stations & Station Alterations & Additions 1948 to 1955 REF£RENCEg; Ray Pi:ard - Fire Chief City of Huntington Beach 714/536-•5401 Doug Spickard - Fire Chief City of Garden Grove 714/638-0658 O. M. Short - Fire Chief City of Chino 714/627-3621 Harold Bougher - Fire Chief City of Orange 714/532-0351 W,,Itiani E . Knowles - Fire Chief City of Westminster 714/803-0571 Harold Duncan - Fire Chief City of Montclair ' 714/62.6-1217 Jerry L . StickLes - Division Chief City of Palm Springs 714/323-2661 Robert Williams - City Manager City of Santa Fe Springs 213/431-2527 Richard Powers City Manager City of Garden Grove 714/638-6673 D. H. Beetham - tvianager County of Orange Architect/Engineers Division 714/ 834-3212 I M richar°d layne tom a.i,ao :and associates architecture planning engineering 16897 algonquin street, huntington harbour mall, huntington beach, calif. 92649 (714) 846-0671—(213) 592-5651 March 5, 1980 City of Huntington Beach Fire Department P.O. Box 190 Huntington Beach, CA 92648 Attention: Mr. Ed Vasile, Administrative Deputy RE: ARCHITECTURAL SERVICES FOR LAIC STREET FIRE STATION Dear Mr. Vasile: We are pleased to submit „lis proposal for arclitectural services on the Lake Street Fire Station. Our services would include design, working drawings, specifications, selection of colors and finishes, revew of shop drawings and contract administration during the construction phase. The architectural fee will be based upon 7% of the construction cost for complete architectural -engineering services. In the event that the Lake Street Fire Station is to be a "re -use" of an existing facility, then this fee would be substantially reduced. This would depend upon the extent of the re -use, site and soils conditions, conformance with current code. requirements (handicapped, seismic, energy conservation, etc.) Pursuant to your instructions during a phone call on February 20, 1980 to Mr. Hartfelder's office, this proposal does not include construction techniques, floor plans, space requirements and special facilities as requested in your letter of February 15, 1980. This proposal is being submitted as a Joint Venture of two architectural firms with the following information as requested in Attachment "C": ]a. J. DON -,HARTFELDER A.I.A. ARCHITECT & ASSOCIATES lb. RICHARD LAYNE TOM A.i.A. ARCHITECT & ASSOCIATES 2• Individuals (Joint Venture for this project) 3a. J. DON HARTFELDER A.I.A. 3b. RIC'HARD LAYNF TOM A.I.A. City of Huntington Beach Fire Department March 5, 1980/ page 2 4. "Same as 3a & 3b above" 5a. Gary Crouse 5b. Ernie Van Roon 6. Harold Bower/Structural Engineer, Huntington Beach Frank Tso/Electrical Engineer, Huntington Beach William Ishii/Mechanical Engineer, Long Beach Landscape Architect - to be selected later. Civil Engineer/Bill Hartge, Huntington Beach 7. Time Schedule in performing A/E Services: a. Design Development - one month. b. Working Drawings/Specifications - two months. In the event a "re -use" of an existing facility is to be considered, then the time schedule would be reduced. 8. List of Fire Stations designed by RICHARD LAYNE TOM A.I.A. ARCHITECT: 1 . WARNER FIRE STATION for city of Huntington Beach 1978 Architect's estimate = $650,000`Actuci Final Cost = $671,081 Worked with Captain Carl Duncan 2. NORTH NIGUEL FIRE STATION for county of Orange Plans completed 1972/cost unknown Worked with Doug Beetham with County Building Services and county Fire Department. 3. NORTH TUSTIN FIRE STATION for county of Orange Plans completed 1970/cost unknown Worked with Joe Smisek, Director Building Services and County Fire Department. 4. LA PALMA FIRE STATION for county of Orange 1969 Cost of Fire Station unknown as general contract- was for entire Civic Center, Fire Station, Police Facility and Library Worked with County Fire Department & City of La Palma City Manager, Burt Wesenberg. 9. "Why the Joint Venture firms of J. D-ON HARTFELDER A, I.A. ARCHITECT AND RICHARD LAYNE TOM A.I.A. ARCHITECT should be considered for this project": Both architectural firms have been located in the City of Huntington Beach for (12) years with their offices immediately adjacent in the Huntington Harbour Mail. We are aware of the community, their needs, etc. having served on local commissions and being active on the Board of Director: of the Huntington Beach Chamber of Commerce and the Huntington Beach Rotary Club. The principals would be immediately available for meetings, construction visits, with all phases of service under the direct supervision of the principal. This project would also benefit from the services of two principal Architects as compared to a larger firm where the responsibilities would'•e delegated to a job captain or draftsman. AF matter of interest, our firms are presently fully insured to the amounts as required by the City. City c,f Huntington Beach Fire Department March 51 1980/ page 2 4. "Same as 3a & 3b above" 5a . Gary Crou e 5b. Ernie Van Roon 5. Harold Bower/Structural Engineer, Huntington Beach Frank Tso/Electrical Engineer, Huntington Beach William Ishii/Mechanical Engineer, Long Beach Landscape Architect - to be selected later. Civil Engineer/Bill Hartge, Huntington Beach 7. Time Schedule in performing A/E Services; a. Design Development - one month. b. Working Drawings/Specifications -� two months. In the event a "re -use" of an existing facility is to be considered, then the time schedule would be reduced. 8. List off, re Stations designed by RIC HARD LAYNE TOM A.I.A. ARCHITECT: 1 . WARNER FIRE STATION for city of Huntington Beach 1978 Architect's estimate = $650,000/Actual Final Cost = $671,081 Worked with Captain Carl Duncan 2. NORTH NIGUEL FIRE STATION for county of Orange Plans completed 1972/cost unknown Worked with Doug Beetham with County Building Services and County Fire De-,urtment. 3. NORTH TUSTIN FIRE STATION for county of Orange Plans completed 1970/cost unknown Worl u,J with Joe Smisek, Director Building Services and County Fire Department. 4. LA PALMA'IRE STATION for county of Orange 1969 Cost of Fire Station unknown as general contract was for entireCivic Center, Fire Station, Police Facility and Library Worked with County Fire Department & City of La Palma City Manager, 3urt Wesenberg'. 9. "Why the Joint Venture firms of J. D•ON' HARTF'1..DER A.I I.A. ARCHITECT AND Rfk�HARD LA I'NE TOM A.I.A. ARCHITECT shou,Rj be considered for this project": Both architectural firms have been located in the City of Huntington Beach for (12) years with their offices immediately adjacent in the Huntington Barbour Mali'. We are aware of the community, their needs, etc. having served on local commissions and being active on the Board of Directors of the Huntington Beach Chamber of Commerce and the Huntington Beach Rotary Club. The principals would be immediately avail.,ble for meetings, construction visits, with all phases of service under the direct supervision of the principal. This project would also benef1i from the services of two principal Architects as compared to a larger firm where the responsibilities would be delegated to a job captain or draftsman. As a matter of interest, our firms are presently fully insured to the amounts as required by the City. Thank you for the oppoi , of considering us for this project. Please feel free to call me if any additional information is needed. F� P.O. BOXL ISO CALIFORNIA 92640 OFFICE OF THE CITY CLERK h, April 10, 1980 Anthony & Langford, Architects 16152 Beach Boulevard, Suite 201 Huntington Beach, CA. 92647 Attn: V. Wallace Langford J�NV The City Council of the City of Huntington Beach at its regular meeting held Monday, April 7, 1980 approved two agreements ►with your firma; the design of the Oak View Community Center Expansion and the Lake Street Fire Station. Mr. Steve Kohler, Department of Development Services, has provided, you with blank certificates of insurance. When these insuranpe certificates are re- turned to this office and approved by the City Attorney, a duly executed copy of each contract rai l lbe forwarded to your firm.