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KAMNITZER, COTTON AND VREELAND - 1980-08-18
�.csc;C,fr,ir-. �• r,J �4`� x.�`�( hZ1i '?.c::.. » 'C7 .'r, ... / .r r# u ♦+ N♦ !'i.•r tin �.' n.l1'. `,t5 J_ICI. .,+..� +.: .�. #� ie,�, „t: t a =�-:. • I#AItTFf�RO ACCIDENT i II;DE:1ilITY CQ';c 4i i ,f Cff�,�' Fhghs Ali=,) ,.•w37 NAME klk iNIITZER 0TTON & VREELAND 6330 �Iest Sari Vincente Los Angeles, California 90048,Tt - *_ y a t i t A 72 W '101247tI F _ PROJECTS: SENIOR CITIZENS CENTER - OLD CIVIC SITE < r MAIN STREET BRANCH LICRARY RE.IIMEL ' 44 G h� 416 -10 CITYOF HUNTINGTON BEACH 7j2.1.01 ck y' Attn: Stephan Kohler Senior Co=unity developer Spprialist P.O. Rox 1cCi ##:inti;no�;dn Beach, Calif. 92648 ,'+✓`. S A'R'"'lgt t • a mh•ii4P y 4 • ✓fin 1 w // j� S. CIA t A.3�: r r14�::1� x (i<:i't?&` t v^, ii :. I. ^� I: , 1.41 . 7 / Y/J x t : e " HARTFORD ACCIDENT E, INDEMNITY CO/PA!,yY r'f Y.AMNITZER, COTTON & VREELAND 6330 West San Vircente Los .Angeles. California 90046 T rn 4 rF - - ... .... _... ... ..,.. ... a e YrG 6 i A Y A 72 NU 40124714 9/1/32 100 x !, PROJECTS: SE-41OR CITIZENS CENTER CLD CIVIC SITS MA1111 STRFET BRAT',11 LITERARY "'EMODEL . Z CITY OF 1,UNTINGTON BEPCH VW81 ck l: Attn. Stephan Kohler R Senior Comunit`y Developer Specialist >, i_•f. ajt } .� �� ��.I P.O. Box 190 ti Huntington Beach, Calif. 92648 t THE AM ICAN INSTITUTE OF AR iITECTS i AIA Dncutnent B147 Standard Form of Agreement Between Owner and Architect 1977 EDITION TO!S DOCUMENT HAS IMPORTANT LECAL CONSEQUENCES, CONSULTATION WITH AN ATTORWY IS ENCOO .AGED WITH RESPECT TO ITS CO,MPLMON OR MODtFICATft.+r` AGREEMENT ,made as of the day of ee- in the year of Nineteen Hundred and. BETWEEN the Owner:,file City of t!untington Beach art,-', approved by the Huntington each cit , council and the Architect: ha:rnitzer, Cotton,, Vreeland t or the following Project: fir clode detailed description of Pmject location and scope l New Senior Citizens center at told civic Center site The Owner and the Architect agree as set forth br:lo�v. "OV"ght 17M 19M, 191N. )"I. 19$). Im. 19fr1, 1%11 1%6 trAI7=, 19`o s9tt. � 1471 V* thr Amet,s>t1 Mo4ute of Arzhttett$, 173E New Yotk AVLAV4, NO, r sshrogtua; DC, ZXK*b KTprxiatteo+t c1 tlax aatetaxt ktr rn Of tubsumlit. gtawioo of itt proOxion without.pemttuwtt �Of the AIA c10111et the rmps'<&hl IAWY of the United State$ and Witt be *01-0 to Itilt pronecutton. . ATA DOCUMENT 8141 a OY iftn VCHt1EGT AGKCEMth11 - ' HIMEENTH ED1110N • MAY 1g77 AtA+ - «* •971 VE AMEPJCA14 1NSTITUIE Olt r190-111ECT$* 173S NOV YOFK AVENUE, NW, 11A57(1t{C",TUN, CMG' ."U)06 B141-1977 1 j I TERMS AND CONDITIONS OF AGREI MI NT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previr .is statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES east indicated by changes in requirements. or general market ,:onditions. BASIC SERVICES 1,3.4 The Architect shall assist the Owner in connection The Architect's Basic Services t.on,ist of the five wvith the Owner's iesponsibilit,i for filing documents re - phases described iti Paragraphs 1.: mrough 1.5 and quired for the appro<ai of governmental authorities hao"- include normal structural, mechanical and efeci-icaf ing, jurrsdsctiasi over the Protect ergineeting services acid any other services included 1.4 BIDDING OR NEGOTIATION ett4SE in Article 15 as part of Basic Servicec 1.4.1 The Architect, fo',lrvwing the Owner's approwai of 1.1 SCHEMATIr DESIGN PHASE the Construction Documents anti of the latest Statement 1.1.1 The Architect shalt review the program furnished of Probable Crinstruction Cost, shell assist the Owner in by the Owner tr' ascertain the requirements of the Project obtainmg b�d's (it negotiated proposals, and assist in and shall review the understanding G t such requirements aw`.arding and prepiring contracts for construction. with the Owner. 1.5 CONSTRUCTION PHA-q-yDMINiSTRATION 1.1 2 The Architect shall provide a preliminary evafua- Or THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1, .1 lire Corstrucituri Maw will commence with t',e each in terms of the other, subject to tha limitations set awaits of thi, { ontrict for C orittrutf.ur and, wgether worth forth in Subparagraph 3.2.1. the A i hituct's, cal tigal c:n to provide Basic Services under 1.13 The Architect shall review with the Owner alterna- this %grer°nly 1, .,,si terminate svnu n final payment to trio: tive approaches to design and construction of Ihx Pr -legit" C ontrattor t% dtie v, in the ahentt, of a fina�_Certificate 1.1.4Bass^d on the mutually agreed upon program and tot Pa�nient art of s,, lr due date, wszty days after the male Project budget requirements, the Architect shall prepare, of r- it ta. t.;it Ccirnplel-on of the Work, vvhit#sewer occurs for approval by the Owner, Schematic Resign Documents rir- t consisting, rir drasw.ngs and tither dcteurmarts dlus'r-tin,g 1.5.2 Unless other,w.+,- ptuv,ded in this Agreeinent and the scale and Hationship of Proiett compaeents Inc<==l.,r,iiri9 rv: the t •,rzrr,rc"t DoLuinents the Artlidett 1,1s5 The Art.hitec! sh.rlr 4ub,"iit to tf;e t);one=r a stairnifi+r.it=<*i. of liar t_,m rJ0 for Construt - ment of Probable Constiuction Cost based on current Ito,' as 4�a,t truth befo.4 , nd in the eo&on of AI A t3o(u- area, volume or other unit costs inert A' ),l, :-, neral { •rr.d+liens of the Contrat I lot Con- stsuct.rxl turrrria it ttte date of this Agreet*lent. 1.2 T)ESIGN DEVELOPMENT I'HASE 1.".: The Aril .,, t OaN be a representative of the 1.2.1 Based on the approved Schc txattt design DfYcu• Owner during tht, i orctrw licon liii isv, and shall advt>e merits and any atf,ustments authcittaed by the 0,,%ner in Wd t,tnoiali wv.rh ttie t sw.`^tFr. Insirc,'tii:ins to tiltr Contrac- the preeram or 1Trtsleti budper, the Aichrtett shall pre- tt+r shalt be ttirt4,=rdvd thrwi sg'• the Architect, The Archi- pare, frrt approval by the Owner, Deign Deve!opinent It=t 0,W ii.nr x it'irtt.rx to act tat, hehalt of tf.e CJ sner Or'cument, conc.sjmg of ttrawings ind other dntuments otify io ilte r'itt nt ptovided in trio f-onita, I Documents _ to fix and de><rtbethe size and tll,arakier of the entire unlos otheesise rnvd,tied b, wwitit'i Instrument in ac- Project as to archilettural, sttut:lutat" nieEhaniCa4 anti elet - rtitdawe t%ith Subpa%%graph 1.5. i , tricaf systemc, maierials and such other elements as maw 1,5.4 Ire Ar.liiteit stir'° visa Ili,, s,te at tnrehals ap- Ito appropriate, lirizlirt,°c tc: tl.e .tag;€ Ut ttinstniCtiun or as tithenwi=;e 1.2.2 . The Architect shall 4abmrt its tht- tamer a further aw r`d by the +fir6,te..t irf v nt,niy` !o become Fm raily Statement of Pwbable Construtti6n Colt , td.tiiir,r:wadi the. pru'gfvt ,, ,Ind qualrtw of the Work and to 1,3 CONSTRUCTION DOCUMENTS PHASE determine in gc°neral if -i>,e, Work is prtaocedutg in ac.cord- iriec vvitll tllc C e7ntrat i f)rltumems liov ever_ 11 r> Arthi- 1.3,1 fused on the appfoved Dmthit Development Do(- ter' ,teal) mit he realisiri-ol to rnAe ewhau=.t,vn or (n. torrents at, .any Iurther adlur tniento in the w otie rir r1-1, IiInsriti- t,ri srti, in>lseris+iris io vho,x k the quality or riu-ul� sty of the i-rzilecl tr im the 111llvi-I budKot atithiait?i�u u. itty sir stir ttii the tt,r.as r i sash tiff"1.ite tihserv,tm the Ol%ner, tilt Art hNed shall piviiat-, for ,ippeok al by 1;ons ar ill a=t hilei t the :Arthitet l 01aif keep the Owne° the Owner, Con�tturtion Oucunieiais ttirrwtshng of Draw- inf,irnaed iif site prc,ittess ,ind tl.talitl tit Ille Work, 'and ings and Specifications setting forth in detail tine rectum- dial( endeasc.r hi gua^d the Ov-wer againsi dufeus and nienis for the construction of the Project: defii tent icy,: in the Wik7k oft , Cuntrar:lor. 1.3.2 71be Architect shall avot ! the Owner in the prepafa- 1.5.5 ll:e Air liiit"ct sha,1 ni,i have control or tharge of Iron of the neGessary bidding information, bidding form,., and 'hail ailt be ietliiinsihfe fiat construt tion, means, the Conditions of the Contract, and the form of Agree. mellutuir+. tediniques„ ,,ttkwni es or pfocedures, or for ment between the Owner and the Contractor, . siafetw err+tatiumtls and lllr( r,r vws in conneoxon with rite 1.33 The Architect shalt advise the Owner of an} adjust* Wotk, for the acts or omissuans of the Contractor, Sub. AIA 130CWlENT 0141nwv.=„c AttcHi7rci AY RiI1.4t4` • IM9. 01.ill ttaiti01" . ti7iY a '° • AtAt ♦ ,` i'a*` 1"t AMEXICDrilOt of ArLHtTE0 N I's5 t?is r;tww NOOK AVE�kf, N s , 5141-1977 3 contractors or any other persons performing any of the necesiary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the C:ontra(t Documents, theA-rchatrLI Will havc author - Work in accordar.,.e with the Contract Documents, r1v to require special inspection or tes•ing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Doco- ments, whether or not such Work be then fabricated, rn- Work wherever it is in preparation or progress. stalled or completed 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on 1.5.13 The Architect ` all review aw+4- 4j, r or take i .luations of the Contractor's Applications for Payment, :other appropriate action, upon the Contractors submittals such as Shop Drac.ings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. only for conforinrnce with the design concept of the Work and with the information give - in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute representat;on by the Architect to the Gwner, promptness so as to cause no delay. The Architect's-a—r'CvxeK based an the Architect's observations at the site as pro- of a specific item shall not indicate approval of an vtded in Subparagraph 1.5.4 and on the data comprising, assembly of which the )tern is a component. the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of 1.5.14 The Architect shall prepare change O,ers for the Architect's knowledge, information and belief, the dual- the Owner's approval and execution in accordance with the Contract Documents, and shall have authoriic to order it, of the V%rork is in accordance with the Contract Docu- (subject to an evaluation of the Work for con- mmor changes in the Work not �inwlving a~ adjustmentrnents formauce with the Contract Documents upon Substantial in the Cont-art Sum or an extension of the t_ ,nttact Time vrhich are not inconsiMent vvith the intent of the Contract Completion, to the results of any subsequent tests re- Documents quirec! by or performed under the Contract Documents, to minor deviations from the Contract Documents car- 1.5.15 'If;e Archie' :t shall conduct inspections to deter- rectable prior to completion, and to any specific quahlic.:- mine the Dates of Substantial Completion and final com- tions stated in we Certificate for Payment!; and that the pletion, vhall ret:en:e and forward to the owner for the Contractor is entitled to pay-nent in the amount car' "red. Ovtner's rrw;eww vwr,rien warranties and related documents Ho%never, the issuance of a Certificate tot Payment shalt required t.1 the Contra, t Documents and assembled by not be a representation that the Architect has made any the Contstrtor, and shall issue a final Certificate for Pay examination to ascertain how and for vwhat purpose the nient Contractor has .tsed the moneys paid on account of the 1.5,16 The extent of the dune,, responsibilities and tam- . .Contract Sum. 11alions of atrthoniv of iN, Architect as tl.e Owners rep- 1.5.9 The Architect shall be the in!.,rliretrr of the re- re,eralatave during construttion shall not be roodified or quirements of the Contract Documents and the judge of ektendvd woriout v.rttten (consent of the Ov%ner, the Con - the performance thereunder by both the O"ner and tractor and tl,e Architect. Cot-triclor The Architect shall render interpretations nee,- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES esiary for the properexecution or progress of the Work with reasonable promptness on vwrrlten request of either 1.6.1 If Nee 0,vner and Architect agree that more ex - the Owner or the Contractor, and shall render written de. lensise represenlaljcn at the site than is detr'ribed in cisions, within a reasoonabletime, on all rlaims. disoutes Paragraph I I shad lie provided, the Architect shall pro - and other matters in question between the Ov ner .and ine vidti one of motr Protect Representatives to aMsist the Contractor relating to the exrcutron or progress of the Architect in ratrying out such recponsrbilities at the site. Work or the interpretation of the Contract Documents, 1.6.2 Such Proirr:I Rrprewnratikes shall be selected, eni.. 1.5.10 Interpretations and decisions of the Architect shall pinned and direr eed by the Architect, and the Architect be consistent with the intent of and reasonably inferable *half be therefor as mutually agreed be. fmrn the Contract Documents and shall be in written or tween the O%sner and the Architr -t as set forth in an ex - graphic form. In the capacity of interpreter and judger, hibit appended it) IN, Agreement, which shall describe the Architect shall-e,ideavor to secure faithful perform. the duties, rewponsthrhties and limitations of authority of once by both the Owner and the Contractor, shall not sue lr Project Representaoves show partiality to either, and shall not be liable for the 1.6.3' Thtocigh the observations by such Protect Repre- result of any interpretation or decision rendered in goad seniatrvrs. the Art hilect shall endeawr,r to prov.cte feather faith in Such capacity. prolection tot the Ocaner av;ainvt detects and detictenciev 1.5.11 The Architect's decisrons in matters relating 10 in :lit, Work. out the lurnrshrnl, (,1 such project tvj,tcsrnta- artistic effect shall be final if consistent with the intent of Lion shall not mod.fv the rthhls, responsibilities of obliga- the Contract Documents. .tr,. turns of the \tchilect ac described in Parayp aph 1 5 "my Otheorapt r-cr-atlser-rr e 1.7 ADUI I1014AL SERVICES51 The follow ng Serarci s are not incl'urfd an Basic tti�+rk aril irwr Setr,ires unless sn identitied in Article 15. Iiw)- shall lac ptm idrid if authrlrirc.f or rtanlamed in 1*6ting by 1.512 The Architect shall have authority to reject Work the M-ner. and then shall his (raid fur tag the ov nee which does not conform to the Contract Documents. as provided in flats Agreement, in addition to the Wfienever, in the Architect's reasonable opinion, it is tumpensation for Basic Services. _ AIA 00ttrM04r ®rla • OWNE k•.',Rt fit TEC r ACTAEratr#4 - 1"i"flNi" 10WT_ N it is r'r"' AyAt F` IT" 4 5141.1977 1ttC AMERIC.'N INSTIJUIT Of ARG'7riUCiv, e 13 NCA' 107K AXIM1 N6}.. t4 �Sia,'+i(�Tt7�i, l",� _t.rir. ,. 1.7.1 Providing analyses of the Ownet's ne4Hls..arid pru- StrU(tirin, and furnv,hrng services at may he requited In gramming (he regut,-emerts of the Project, carultec:lron with the replacenient of such WU(k, 1.7.2 Providing hnanctil feasibility or other special 1,7.16 the dotaw, studies. of the C.ontradot, or by major defects nt (10(inaricies in 1.7.3 Providing license surveys, site evalualions envi- p the Work of 11w ( ontiactor, car by failure of petfurmaia I- of either the Owner or contractor undo the Contract iur ronmcntal stuck or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction ever the Project. showing significant changes in the Work made during tonstruttion based on marked up print'., drawings and 1.7.4 Providing services relative to future `-rihties, Sys, other data furnished by the C'ontiactor to the Arch test. tems and equipment which are not intet, f o o be ccn- strutted ouring the Construction Phase. 1.7.18 t'roviding extenai%e assistance III Lie utilization of any equipment or system such as initial Start-up or testing, 1.7.5 Providing services In investigate existing conditions adjusting and balatcing, pteparation of operation and. or facilities or to make measured drawings thereof, or to matmenance manual,,, training personnel for opemtcton verify the accuracy of drawings or other information fur- and mainrenam,e, and eunsultation during operation f nished by the Owner, 1.7.19 Providing semvi vs after -ssuance to the Owner of 1.7.6 Preparing documents of alternate, separate or th- final Cettif,cate (or Payment, or in the absence of a sequential bids or providing extra services in connection final Certil,cate for Payment, niore: than sixty days after with bidding, negotiatior, or construction prior to the the Dato of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving is expert witness requested by the Owner. in ttinnecur,n with airy jiubhc hrare ,tbrtr.Ucrn'pro- 1.7.7 Providing coordination of Work performed by IVeding or loital protevdinj separate contractors orgy the Owner's own forces, 1.7,21 Pto%afing serv,ies Of tcinsuf f lr other titan 1.7,8 Providing wrcicesin connection with the work nl (I;e nool"11 , >chrtec+oral, stri;c_lutal, rt ..ins-11 and elec- a const,uction manager or separate consultants retained tri(at ctil;ant'enn> sr'r.irrs for the P )^t by the Owner- 1.7.22 P,c4idinv .in4 other sev me% not olhertvise in- 1.7.9 Providing Detailed f5!imate3 of Constiuction Cost, (taxied in this Agrcenient or )irt t iislomatily fotntthed in analyses of owning and operating rrists, or detailed quan- aE4rrrd?tttelvith generatt, aireptedatc.hiteCtutal prartite hty surveys or Inventories of material, equipment and 1.8 TIME labor. 1.8.1 Ihr Asihif,,ert 01,61 petfo'mIf3,icic' anrt Additional 1.7.10 Providinginterior design and other omilaf Set- g 4 , y as sC r ,n4ictent oitth *ter +a s>rt , asfixftrcfat,Istts3_ t lesitratal vices required for or in connef Iton with tae selection. AA and care and it,(, urde,!; pr,-gev,-. of the \Npor1; t'pwl procurement or installation of i'urnrtare, futntshing+s and reque 1',I tf.e ti.vne,, 1!w ktil meet Sfia3t sol'Init for the related equipment M%rrr, apjirO. 0,1 sr t c-'!WV fit' tht' llerto(Illanre III the 1.7.11 Providing services for planning tenant or rental =Arc l ooi,(4 wf% i e : vvl. t h 0:afi he .0lustt'd as requin"i 'I" spaces. Ant, Piolvi t petit i c ifs, and kh.'01l Iris hugs' athr..aric es for peri. 1.7.12 Making reviskons in Drawings, �jlecificarions or ods r,f (sine re n d f.,fi the t7vvt er`s rirvic.s and aplirtiv ,cl of ,a'd fr,i .ih, te. ,its of .ttrtf'wrtiti il.r;,ng other .clot rmen' when such rcvi�ttxu are inronseslent r•FS r i'r iau'cls< 1ei n.n,.r r !k•e t'nrt'r t Taf•r hrs _ >du:e wiil"ry I{a(trr?4ed slith wrtiten � inst-uttiotis ptevioa.ly seen. be Pv tjNLiDr, shall nor vx(ept rt)F sea°•4>nal7le Castors, hr! ate required by the enact tment or revision of codm laws e Kt r'lKfed by step ArtL^itei f. or regulations subsequent to the preparation of such doc uments or ate due to other causes not solely within the cont,ol of the Architect, ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporAit! 4 THE O\V R'S RESPONSIEIt.ITIE5 data and providing other services in connection with Change orders to the e,:Ieot that the adjustment in the 2A Tho t'1wtier shall peovide full mfotnw:,ov, regaftlinp, flame: C ompensahon resulting ttorn the adjusted COIN, welttiterrrerit. for th. ffrol,itt me ludmg I program, whwil struchon Co5f is not rorrmensur.ife with the Ser'vw" re- shall vt ltitth 11,it deign oh,,vtn,r-r conat,w;ts quired of the Arahilect, pirIvided ",rich Change Order. are ariei t otena, inc hrainl, ,pass' rerlui+ermnis mid o-latiol- required by causes not solely within the control of the 0ups, flexil,"hiy and expandability. speeiaf es1wpment and Arrhitect systemv .ind 511r' w(plirerlrents. 1.7.14,'~taking investigations, survevs,'va!uations, inven, 2.2 If the Cwv oer provides. a budget for titre Project it tones or detailed appraisals of existing facrl.tICS, Land sets- ahal( inOude erinhnf c'nr;ev for nadr.liny. ch,uiges in the ices required in tonneclion with constrwwtion performed Vork ducting tonorutoon, and ether cr+,ts v wig are the by the owner, fe' PPori4ihdity (..If Abe 0ANoer, inth-ling, those destrrht d in this Article 2 and in Subpar.%i.tith 3.1 .! Thr tamer 4h,itl. - 1Workod magconsultation ni M tile Architect, a 4tatttnttynt tit an ed by fire or otherncausepduri Collent Y g Y g funds avalable for the Project, their s f ar sou•ce: AtA goCUMtNT $141 ' At.RUMINT . 041141t0,tol E4,Mj'i`f • 11 >y i ., • Ai4it . ,� I,,`t . THE AMCR1CAr4 iN5Tittilt (it .kRCHJJfC75, 1.15 Ntw YORE: AvtNC`[..t4w, s4k5ir'4',7ti!ti. tit," :"kx* 8141.1177 .5 2.3 The Owne shall deiignate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the r roject, 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 descripticn and a .•ertified land survey of the site, giving, as applicable. grades and lines of streets, alleys: pai ements and adjoin- ing property, rights -of -way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and oontouti 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 consuitants when such services are deemed necessary by the Architect. Such services shall include test bo-ings, 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 Ovate( conditions, .with repurfs .and appropri- ate professional recommendations. 'Igned, specified, selected or specially pro%'ded for by the Architect 3.1.3 C(anstrucficn Cost dries not include the tomden- +ation of the Art-lateit and the Architect's sonsutianls. the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as pro4ided in Arti- cle 2 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the Oivner's Project budger, State rents of Probable Construction Cast and f)etarit>.1 Estimates of Construction Cast. if any, prepared by the An hitect, represent the Architect"s best judgment as a design professional familta; sv,th the construction indus- try. It is recognized, however, that nether the Architect nor the Owner has cont>oi tner the cost of labor, mate- rials or eq+oipmcm, ocer the Contractor's methods of de- termin ig hid prtzes, or o.er competittire bidding, market or negotiating condotiora. Accordingly. the Architect (annot and .foes not wraerant or iepresent that bids or negotiafc(l pores will not cane from tt-e Project budget proposed, established or approved ha the C)�.ner; if anv, or from .inv 51,31ement of Probable CernsiruclG�in Cost tit lather (o,t e ,t,mat , (it evalua.,on prepared by I''' Archi- tect 2.6 The Owner shall furnish structural mechanical, 3.2.2 No tixet# eimi t of (_caristruction Cost shaft lit e4lab. cvemical and other laboratory tests, inspections and re- licked as a ccncjavon t4 th>s ,` groement by the furnishing, ports as required by law, or the Contract Documents. propoea! (,r i,,fahl sfe rt( nt of a Prolmi budget under Sub- 2,7 The Osstter shall furnish all legal, accounting and tr,. fter,tgra(rh t 1 2 i9 t it ratstr 2_2 err ( lhw twi,v, unless su(li surance Counseling services as may be necessary at any thXpd rtr(t hay f>ean ah.et2upon in siting b snood by _ ittte parlU S l.t•ret(, l s,ich t,7ce(f l T`-t ha, been es,ato' time for the Project, including Such audii,ng servi es as li,hvd, the Archte� I steal. be permuted to include ton the Owner mar require to %. nfy the Contractor's Appt;(a- terrent�e,- tr ri(rw(r n f :(i(iinr:.7nd price• rnp(, , de- itons. for Payment or Jr.) ascertain how fit for what put- rntrt ,o ternsen{, wh,i, rnd�( r.e<<,. (Clts,�'mC'nt rr:rnp(arent Syrotc'rn5 poses the Contractor uses the moneys paid br or on be- and 1ype4 of cwistrw;4on ate t,, t�v moi.:ded :n the Con- half of the Owner. tract f)ot trine>nte, to maf'e adjustments in the 2.8The services, rnfof mation, suaeys and reports re- "(oI,v of lh( V"'* v(t and to ,etlude in the contract Dot-u- quired by Paragraphs 2 4 through 2 7 inclusive shall he merits alla�rnaie b; ds toad,ust tote Co.istructton (,nr.t to the 'urnished at the Owner's expense, and the Architect shall lix,>d Ln, such tixed Itmit 0,ail ire in(rea,ed in the be entitled to rely upon The accuracy and completeness amoe int of a:ry it lea>e in in(- (ontrakt Suns occurring thereof, after t>xo(ul,cn Of thf> C(IntrAd for Cvnstru(tion, 2.9 ff the s)i vner ob, er,es or ntheovise_ be(ome> aware 3.2.3 it tt>r llit.'.ding cr Ne,'oliation Phase has. not com of any fault or defect in the Project or nontonforman(e rvwn(cd +s.tfe�n that,;, moentlr, after the Ar(hilts, submits �.. ,c,th the Contract Document,, prompt written notice the (. (,ia true trT^n 0o urilents l;i the (Lsner, al' Protect thereof shall be gtven by the O vner to the Architec.- Iiindyot or 1�x,v f 11r,cl of C on,UuChor* Cost shall be ad- 2.10 The Owner shall furnish required information and fused to ri.iii>{I ,roc (I't,rrake in the general l(r>el rot prices services and shall rcricfer approvals and decisions as ex. it. the to rstr;,t f titn viifi,,try lretsceeri the date of submi, o,fdiuous'ly as necessary for the orderly progress of the stein of tiap (vo tw( Win Do(urnents foz the C-Isner and Architect's services and of the Work, the daft on which pr(ipcosals are sought. 3.z,4 If a Project budget or fixed limit o: C.onstructien ARTICLE 3 Cost iadfuste�' r. ,.+,roiled in Subparagraph 3 2 0 is ex - t(`ede(ihi, ll,,r fit.,t•'.t t+r,(i,a tide b,(l or negotra.(,d pm - CONSTRUCTION COSTf wof, thr> ON%n •r ,%all 04 gl%v written appl(r..ol of All 3.1 DEFINITION imrOiv ,n such fixed Emit, t:., ,Tirlhurize wbufoing cr rf!- negoltalwg tit the Prr<le(t withm a :eascinalilc time Qt$ it 3.1.1 The Construction Coast shall be the total cost or the Proles,t is af'Nrd,)raett terminate in a(cordince s%ilh estimated cast to the Ownt - of all elements of the Project P,Iragr,iph 1112, cat W t ooperall >n tevoing the Protect detigred or spnified by the Architect si ripe and civality is required to iedu(e the 6%n,tiu(l,,rn i 1.1,2 The. Construction Cost shall include- at current Cost In the (*to tit'4' 3irri ,(ic>tf a fired limit tit t r:�Tatr, - market rates, including a mason.at%le allowance for over- ht n cost liar i,t^c(: e.t.ak+li>,fi(#toe it (e(n(iitirun ('1 this tttkreew r head ar,cf profit, the cost of labor and materials furnished ment, the Architect, %%,lhoul acid:atonal charge, shall mod. �. by the Owrier and at,y zgvipment which has been de- ify the Dtawings and spe(rticalir)nc as necessary its comply AIA DOCLfMEMT 6141 - OwktR 491 t iT1( t A,fAcIIW NT . Ta,,RttIN*, 1 tta,riro4 • It tti 114' . VA* - (;.r 19" I 6 a141-1977 1Ti( AMERICAN INSTITUlt (IF A.RLi(urle-M 17t, NON Org A%M1 Sw€ 1s I;uw(JON t).( Z_kkri I i volli the fracd limit. the providing of such service shall be or extended through no fault of the Arci.,wct, tcfmriensa- the limit of fife Architect's responsibility arising from the Iron for any tlasic Scivues required iuc such exlenderl establishment of such fixed limit, and having dome so, the period of AJtnn v<lralum or the consliuction Cnnlrat 1 Architect Shall be entitled, to compensation for all services shall be computed as set forth in Paragraph 14 4 for Adds - performed, in accordance with this Agreement, wh.^ther [tonal .Sersices, or not the Construction Phase is commenced. 6.1.4 VYlien compensation is based on a [.::!tentage of Construction Cost, and any portions of ,he Project are ARTICLE 4 deleted or otherwise not constructed, compensation for portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE service; service; are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- cvilh the schedule set forth in Subparagraph 14 2 2, based aries of all the Architect's personnel engaged on the Proj- on ill the lowest beans fide bid or negotiated proposal or. ect, and the portion of the cost of their mandatory and i2, if no such bid or propo,al ii rece,ved, the most recent customary contributions and benefits related thteto, such Statement of Probable Construction Cost or Detailed Est: - as employment taxes and other statutory employee bene- mate of t.`onstruction Cost for such portions of the Project. fits, insurance, sick leave, holidaye vacations, pensions 6,2 PAYMENTS ON ACCOUNT OF and simw%r contributions and benefits, ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Serice is defined in Paragraph 17 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made mont„y upon presentation of thcr Architect's statement of services .5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYntENT5 lYtTIiHELD rpct's employers and consultants in the interest of the 6.3,1 No dndw lwns shall be made from the Ar0itect's Project for the expenses listed in the following Sub- compev�ation on account of penat±w, liquidated damages paragraphs: c;r other 5uni milift6d I om payments to contractors, or 5.1.1 Expense of transportation in Connecti.,n with the iin account tit the enst'c,f changes in the wVork Other than Project; living expenses in connection with out-of-Imwn rinse fit*r vQtich tine Architect fs held legally liable. travel; long distance communtcat!ons, and fees paid Io, 6,4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction carer 6.4,t if lhi t'rr;ect r •u l:ercicd or ninandoned insvhofe the Project. rrn +n part f�,i mo,,v than ti ree monthi the Architect Shall 5.1.2 Expense of reproductions, partare and handling of he to, rp(nsatvd urn :, ..ccr, pe�iormed prior to receipt Drawings, Specific atioi is and other documvots, excluding of v rrtten notice trdlm the C)N%rier vi suth suspension or reproductions for the office use of the Architect -nd Ohio rhandofuxienl, ungelher with Rokmhor•-able Expenses then Architect's consultants, due and all erminai rrf lxjicr.aes ,,. definid in Paragraph 5,1.3 Expense of data processing and photigraphic pro- 10A, it fir Pro?oi' t is resumed after bving suwprnded for duchon techniques when used in connection vocth Addi• mitre tf an three months, the Architect's corripensauon lional Sermtces shall he equilably adjusted 51.4 if authorized in adtance b� the Ovs ner, expense of nvertirit;work requiring higher than regt,crtar rates ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re. ARCHITECT'S ACCOUNTING RECORDS quested by the Onwner 5,1,6 E14pvnse of any addittonal jr-tirancv coverage oar ?,fit ion-sees End fi; limits, int lu.dtng pro;-lessrnnal liability ,nvrranf e, requt'sled orialRem to to see;andexpofiSL*sper- ta,nrr=g lii gtlditional 5er�ares and serites performed on Il:e brad', of a ?sluilip�e nit [tarsi! Petv)nnel Expense shall by the OMner in e xtess of that normahy Carried by' the he kit I on the liasiv of generally � accepted accounting Architect an4l the Architect's consultants jrr.nrsple=ti aetl sfrall lac avk' atl361to �' lhOLsncfOrthe Otvnvr's authorized representative at mutually convenient ARTICLE 6 borne: Pr`AYh1ENTS TO THE ARCHITECT ARTICLE B PAYMENTS ON ACCOUNT Of BASK SERVICES Qt1'NEItSIItP AND USE OF DOCU41ENTS An initial payment at set forth in Partigraph 14.1 is the : imuirtum payment under this Agfeement, ETr,ani O and Spit if.c rots err sir. as ity h 1.2 Subsequent ,payments for fl.isrc Services shall lie ice e pit of ice aa!� and alra4l retinarn line property of ttnrr Airh.tecf wheiher the Protect for sshicb they are made e, ex-Luted Made monthly and shall be in pfoportion to services per of not. This 0 woer °:'•hAi he permitted to.:r Win t:opies,. in- formed within each PhxsV Of secs^1res, on the 'basis tel clyding raprcvdtu#il'+'e col-i its. of Otawingt and Specifica- forth in Article 14 trom; for ,aforrrialle)n and refe once in connerlion svith_the 6,1,3 if and to the extent that the Conttact Time initially Osvnet 's use and occup n(y rot Ili, project The L)ram6rigs established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner (in_ AIA DOCUMENT Stitt • OWNIR ARCrrltrr r Ar'At 1 k t$.n 11100ttklfr tnarirfra • tt..) ly-* . 4159 a 1q'> Titr AP-AtRicAN nNstiTuir Of Aitt:nlTtil5 171s NEW Yr)Rk AVrNt I N%V. iNMflPv(,rda'+. v C 37.E B141-1977 7 Lather protects, for additions to this Project, or for compfe- 10.4 Termination txpanses include expenses directly at. lion of this Project by Others provided the Art hilecI is riot liibulable to termination for which the Atthiiett is riot in default under this Agreement, except by agreernent in 'rtherl?ise cornpensated, plus ari amount tomputed as Ii Writing and %ith appropriate compensation to the Archi, percentage of the. total Basicawl Additional.Conipensa- tect. lion earned to the trni'v of imminalian, as foilov.4. 8.2 Submission or distribution to meet official teg,ulaloty .1 20 pert ent if a'rminat,on occurs during the Sthe- requirements or for Other ixrrposes in connection wilh the malty Design Phase, or Protect is not to be construed as publication in derogation 1 111 percent if tetnimation n curs during the Design of the Architect's rights. Development Phase, or J 5 percent if termination occurs during any subse- ARTICLE 9 queer phase. ARTiCLF 11 - 1 A c aims, rspules an other matters in t;uestr< MISCELLANEOUS PROVISIONS lwe .nt n the parties to this Agreeme, arising ouI of ear to mn to 1has Agreement or the breach ihercof. sh be dery d by arbitration in accordance with the Co strut- � � of litimiless of lion I ustry -Arbitration Rules of the American Arbitta- lion Ass ciation then obtaining unless the par es nnut.i- t-'. —f� , . fill-ha�:c tiw:xwa ----- ally agree therevise. No arbitteion, at(sing t of or re dating to IN Agreement, shall include, by onsolidation, � N+ 11!FAE1 tc '.. . joinder or in y rather manner, any addict nai person not a pact, to this. r reement except by %vri en consent con. 11.3 As lielween the parties to thig Agteetner,t: as tci all taming a specific elcgn(e to this Agr eme it and signed acts of {,,,furls In act liv either party to tiles Agteemeni, bythc Archileta, th Owner, and an other ;ierson sought any ,tpl,ilicable stature (it hm;tat(ons shall (onimen(e to to be turned'. Any c( wilt to arbit lion involving; an ad• run and an-, allegad tau:r tat artion Omit he d-erred to 'Mionat person or per ns shall l constitute consent to it ,e a(t riwd in anv and aa_esents ntil liter thin the rele. arbitration of any dispu . n, t escnbed therein or with Sant Vale of 51.h•.'.irttTatl t oriiplcldtin tit thr V%ork; and as any person not named n de -abed therein. This Agree, to ani art, or faiitit , ti; at tit iurnng after the relevant men-, to .`.'.hitrate and any a regiment to arbitrate vvilh an Date of tiutastan:+al Cornrait.trun, not later than the date of additional person or per, n duly consented tar by the (ssuame of the frail t eor ttcale for Pakmcnt. parties to this Agreeme shall e specifically enfotreablr �} under the prevailing at, itratinn 1. v. ?? Nonce of the d . mand for arbi al:on draft he filed in � Y writing vvith the '.ter party to this . reement oid v ith (�!crf !ii x+r+ try ,k the American A itration, Association. lie demand strati be made with( a reawriahle time ,after t e (:fatm, tlrsputr 4},t,( t, y t�},e tga or other mat r in rlucstion has .(risen_ in a event shall t?.r*rt`r (irn4-ttr-*Frrtm �rreaifr the deman r for arbilrat,on lie made alti'r 1 ,dale vvIltit inxtrtuho,' of legal or equitable proceeding ba,,ed (on such cl cis. dispute of other matter in queshnn v'ould be Barre iy the applicable statute cif limitations_ ARTICLE 12 9.3 The award tendered by the at)ilratrats shall bt trial, of , judgment may be entered upon it in accordant ! 'tth SUCCESSORS AND AS�ICNS ppincable tavv in any courthaving junsdu tine thewof. 13.l the 0,.xm r and We Arthrlect, rii,:,pectivAy, bind �` rF+ertlsel,('. Want pattners. sutaes,ors, assigns and legal tepresental:%es to the ttthry patty to tln, Agreement and ART7CLE 1p t,+ the partners. swte3s(rrs assgr-, and legal reptmenta- TERMINATION OF AGREEMENT times of Ptah other party av(th respect to all t(rvenants of th.s Aete eli—,2t Netthr,r the Mvner nor the Architect shatf 10;7 This Agreement may be terminated by e^thet part, Ak,,,g;n. Iitii tier or transfer any (Merest in This Agreement upon seven days' written ncai(e should the other patty swltitaurihe vvttttvn t1111'enl (if Ilse (shier. _ fail sills°.tatitially to lierform in act(Ndana e lvith its t(ertri~'i thtotrgh aao fault of the patty nntwong tfar termination 10.2 This Agreement may tie terminated by the Owner rlti"1IC LE �l1 upon at least seven days'vsotten nnti(e to thct Architect EXTINI' OF MAILIMENT in the event that the Project is permanently abandoned, 11.1 lids Ar,teentrtnt := p'e�enls filar enitt(r aurl irstes,.alerf 10.3 In the event cif termination not the fault tat lh - At, ag(•,•mvrrt littaweu tftt� Owner and the Ar( l°Iit(stl and rhitett, the Atchitect sl„Ill be compensated for all services ulw(r edvt ,ill hri•. rn,g rstmuciis rep.estrwt,atrtin. anrag r(•p^ l.('rrortned to letminalcon date, together vvilh keiwbw. Menit_ either wt,lten tit otat ll't. Arfetrment slay lie able Expentes then due and all Termination Expenses as ,mended only by vvr(tten instrument signed by both defined in Paragraph 10 A. Own,^r and Architect. AtA D(art;MOT lift • OOONrtt Barr I4alf, 1 AC,RIrA�l a�n !tt FTI.r N.rt( 1 r'*fir �N S ti 111" t+AA ! ;•r*' 8 8141-1977 till; ArarRICA14 1*istittdrr (It AAk11#Tt(ts, Ills rrtw ti,lk AL!%N ( ".Lk, Aw r''e,tJW( . awry ARTICLE 14 BASIS OF COMPENSATION The Owner shall the Arch,lect for the Scope of Services provided, to accordance with Article 6, Pa}ments to the Architect, and the other Terms ,nd Conditions of this Agreement, as follows: 14.1 AN' INITIAL PA'00ENr of do�iars IS shall be made upon execution of this Agreement and crediteii to the Os+ner's account as follows. 14.2 BASIC COMPENSATION 14.2.1 FOR BASICSERVICES. as dexcrrhed in Paragraphs 1.1 ttiro,,gh 1 5 and any (Aker services included in Article 15 as part of Bade Ser.,ces, Bass Compensation shall be computed as fctllo++s: N." '-e't ha' : .. �mrf""'M.n .�C"u.7: ng I, rid ITOu^'1 n'uiP-N.e1 °.' ,frr(err1JFPP ]l17 , ferir it Fhifr/.tr !v l,u!v :-nrthads of <c,pcnf-0- 14.2.2 ;.'here c xt,'r^ at=rare ,s based an a tt at,"aced Cum or Perreniar',e of Construct7ori Cost, pad ,rents for Basic Se*s,c es sha'r be Trade as prrrr+ded ,r S bparag•aph 6 1 1, to 111.2t ala,ic Compensation for ea. h Phase s`iall equ-.: the ioll',��ving percent.tges of the total pas,c Comper.�at,on payab,e. 000udr aR, id7. ;.:ins rP^+xri it ypp, ;I- ve Schematic Uvs'gn Phase: percent ( 90) Design De• oo'f Ianaent Phase_ , percentE ; ) Cori,tructivirl C o(uments Phase'. percent Bidding ;- Negotiation Phase: percent; Construction Phase. percent (, r/°) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as ,fescr,bed to Paragraph 1.6, Compensation shall be computed separately to accordance with Subparagraph 1.6:2, AtA poCVMtNT tut - nv".19 AACHIT< AU-!Ekits I • TitiRttt. irH EDOtO.4 ILLY M,*? • 41A• -2. 1971 :. T?HC A4MUXAN 114i1I14lTty Of AkCHtTtCTS, 173S NEW YQRX Aw t;NLA, N W , y'MSt4,401 ti, O z -100% � 9141-1977 9 ARTICLE 15 . EXHIBIT "A., Attached hereto is Exhibit "A° to this Agreement which i incorporated by reference herein as though fully set forth. AID` It:,LE h P1 TOSITION OF IP3SPECTt ION' FIIMPIGS, REPORTS AND OTHEIR D(CU,,'IFCdTS ARCHITECT agrees- tliat all repovts , both field and office notes, calculations, and other documents, shall he turned over to M``1MP au or. icoT-,)pIpti.,:1n of P:tOJI`Cr. ^M7' FR hereby agrees to in, ovinify, hold harriless, and defend ARCHITRCT for anu against any and all claims r sulti:ng from or. arining out of the use of th(s ,� repovt s pre arei by A?p:. TIITFC I,1 for 0i:; RR. AR'-7-JCLP. 17. i 'AF,"i''e.'x`F'C ar rt:wc! 'Chit in t«hf5 porfori".t'}nvo of the teviis of this agreement, it; will rid}t, engac,p in, n£'1r pur`$k w its ai;ents 'to eni-age ;.n, di.s^rirlinat;.i.g'n In -f rl,$)v on, t`ec-tuse o * racy:, r-iiliY!,ouo Lsreol, e or, national ori�-Iln, :i*;t'entr:r, piays.*+- Ca:' han l f ',.ap , mead i C..1 a COn:Iif on , m.rwilal nt att,i , ov ,r ?X of mich pee n , except an, provi.c'lf'r':l i.n 'e"'ction 1:4? of ';f,r Val,ifornia Labca r Code. Vtt'+lat.«on of thl ma*,7 result in tj.e i*2nCt,ai- tio n or perialtier, rµ�ferr{.d to in i' v vio ,"S e Part, 9 . �',F3artor I of the Vrilifornia Tabor APC11l1F.C'1 r,a1; 4iefen I, Iakir.rilnI and ;iarmlegs 0i:NE'14 .it,- off'icprs, agent,-- <anI +sf.yplC•Iypei, from aril arainnt. any an,,! 4 7 t Tt t r font lai'$ rty t14'ht .`' X: i"I Mw. (.1 d t» 7 tali �f�'iti4. Y'a zI . �, � I .� , g �, e , aaiI'l , ine I'l(I- inz VorkersI �Cnl'gw,,nsat#i,on cI'aimS, a11xI exile-11'rm rey X)Iting fry.1 tar connoted with VIPI°; ITTI F �'s s,l 'tg�t'z'►ce or other tor* iGlus conduct in the pevformrinee of this a "eel ent, i I. } Y� ARTICLE lq. WC)tfiURS' COMPENSATION: ARCIiI aCT shall comply with all tit' the provisions, of the Workers' Compensation In uranco and Safety Acte of the State or California, the applicable provisions of Division 14 and 5 of the California Lamar Cole and all amencimient s, therfyteti and all similar State nr Federal acts or laws olinnble. ARCHITECT shall furnish to ± -PNF°R ^ certificate of Workers' Oompensation aran^e:. ' he insurer shall not canccl. or mokiify the policy' without thirty (30) (lays' prior written notice to the OWNER. In the al.tevriative the ARt;.lITECT may :lxm proof of a e rtific:ate of consent to sei.f-insure ls.lued by the nirrct:.r?r of Industrial Relations accorclint to California Labor"4"'ode SecLion 3800. AR11"PITECT :hall n tain a pol loy of ^,rnprehonslre� bodily injury an') property 'l Y!"t"iJ;E? liability 3 nritrans"o , :"in:', .. aint.nln such poi icy in effect; for the period oovere d by thi , agreement, providing, coverage for bodily injury :and property dartaj;e to the minimum amount of $300,00n combined s ,ile l.irrit tbor occurrF�nce• `?'he polies Y shall name, ars additional an:,umd , 01-PlER and its officers an! employs"e� ;, whit:, a<W #rrk; within ttho tcopa of their riut:ies, at.,, st ;all cia ms, su s , otry other ar ;ions or any nature t)rouE,ht ror or oir aer ount of any In juricfs, damar.p or loss, inclu~ling any deaths arising out of or connected vl'tb the wort of ARC141TITT unner this contract. .A"RL1111 F,,C"T shall fur- nish 0t6`t41,Fli a certificate cif insurance from ';sae insurer eviclenci:np,; compliance with this pa4^agra.ph arm providing that the insurer 2. shall not cancel or modify the policy without thirty (30) days' priori written Notice to t?WNE. . ARCIIITFCT shall give OVINE;R prompt and timely notice of any claim made or suit instituted. In addition, ARCIIITFC`:' shall furnish to OWNFR a certificate of insurance evidencing an errors and omissions insurance policy in an amount not less than the contract price of this agreement. ARTICLE 21. I ;UMIDEOT CONTRACTOR; It Is further understood and agreed that ARC14ITFCT is, and shall be, acting at all times as an independent contractor heroin and not as an employee of OWNER. ARCIIITFICT shall secure at its expense, and be responsible for any and all payment of income tax, social security, ,state disability insurance compensation, unemployment compensation and other payroll deductions for ARCI{I TFCT and its officers, agents and employees, and all business licenses, if any, in connection with the nervic:ys to be performed hereunder. ARTICLE 22. CITY and ARCHITECT hereby agree to dolete :sections 11.1 and 11.4 from the "Standard Form of A reemrnt between OWN R and ARCHITECT," AIA Document R,1�1. 3. lu EXHIBIT "A" The terms and conditions of AIA Document B141, Owner -Architect Agreement, July 1977 Edition are hereby modified as follows: 1. Article 6 - Payments to Architect Delete Section 6.1.1 thereof in its entirety an•:: substitute the following therefore "Payments for Basic Services shall be made monthly in Proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation: Schematic Design Phase L5% Design Development Phase 20% Construction Documents Phase 50 Bidding Phase 5% Construction Phase 10% Add: wording in Subsection 6.2.1 as follows "All. such statements shall be certified *under penalty of perjury by a principal of Architect to be tine and eirrec.t services performed and in the case of Basic :services, -Lhe ratic.� of such services to the total of any phase of the work to which such services relate." 2. Delete Article 14 in its entirety and substitute wording; as follows: "The Owner shall compensate the Arohil tec t for Basic Services as des- cribed in Article l the total sum of $33,333 which represents 8.0 percent of a construction budget of $416,667 and payments shall be made in accordance with the provisions of Arti^le 6 aocve." "The Architect shall provide professional services for the project in accordance with the Terms and Conditions of this Agreement." "The Owner and Architect agree 3n accurdan,e with the Terms and Con- ditions of this Agreegent that if the scope of the project is changed materially, eompensaricori, shall be sub. ect to renerotiaticn." EXHIBIT "A" AM IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day,month and year first above written. ATTEST: C)TY OF HUNTINGTON BEACH t T-layor REVIEWLn AND APPROVED: AFPROVED AS TO FORM: t r � �`j i y Administrator City'Attorney E INITIATED AztD APPROVED AS TO CONTENT free yor of Devel6prilent Services ARCHITECT: KAMINI T ZER, COTTON,VREELAND ByL r _ — r f t' t; fi l It l[(;A e E U INSt1HA Ut Elder APPruaai Yellow - Risk trtarrager City of t%Wnangton Beady � TO Eii 4ty Attr rrzep Pmk - City t.rerk Dept _ Gold - City Attorney P.0,box Igo CITY OF HUNTINGTON (BEACH. CALIFORNIA Huntington Beach. Cal+fornta F264ii A MUNICIPAL CORPORATION This is to cettity that the policies of insurance os described below have been issued to the ensured by `ch6 in a6VZ,J signed and are in force at this tithe. If these policies, are cancelled or changed in itech a manner that will affect this certific6ti-flllt+r f<: insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. 0, Box 190, Huntington' ©each, California 92648, 11 Name of Insured- ' KAMNITZER COTTON & VREELAND � �5 —_ It !"!ii Address of Insured 6330 Kest San Vicente, Los Angeles, California )0048 veni t7r itizen— en er l v c_ 1 e Location of Work or Operations to be performed Main Street Branch Library Description of Work or Operations Architectural Services POLICIES iN FORCE POLICY NUMBER LIMITS OF LIABILITY i EFFECTIVE EXPIRATiON A. workers Compensation Statutory Ernolovers' Liability 2WJ40124 9/1/80 9/l/81 � 100s,000 (where applicable) -" 13, Pvblic Liability: Bodily Injury: Combined Single Limit Manufacturers and Contractors � S 500,'000 Each Person Comprehensive A14417324' 3/1/79 3/l/82 General D S 500,400 EachAccident (Including products completed operations) 500,000 Property Damage: S Eech Accident G. Automobile Leabiliti (where applicable) Bodily Injury S _Each Person $ Each Accident Property Damage � S EachAccident Does'policy cover: (Please chick at least oncll ii All owned automobiles ( } Yes ( I N Nan -owned automobiles fX 1 Yes ( 1 Hired automobiles (X ? Yes At least one box must be chocked YES'i. automobile insuranceapplies, D. Adtfitional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its Gi Council, andPor all City Council appointed groups, committees, commissions, boards and any other City Council ap' (need dy, and{or elective and appointive officers, servants or employees of the City of Huntington beach, when act" as s ch are additions{ insureds hereunder, for the a is of the insured, and such insurance shaft be priory to any in>:ur nee o the City of Hun :pgtou-Beach. E. Hold Harmless Agreement: By Insured: r (Sig oI �� The insured agrees to protect, defend, Indemnity and save dear ss the City of Huntin n Bea: .tga st loss, damage or expense by reason of any suits, claims, deman #„ judgments and causes of action caured by insured, his employees, agents or any subcontractor or by any third party are mg out of or in conseuienci of the performance of all or any operations covered by the certificate of insur ncr, Remarks. This c+trtltteata is not an insurance policy and dries not _ F. amend, extend ter aho( the ceverage afforded by tho policy. APPROVED AS To FORM: D & E Above do not apply to Workers' Compensation Policy GAILHUTTON City Attorney By: De City Attorney DateOctober 8, -1980 AUTHORIZED R SENTATIV OF INSURANCE COMPANY IRISURARIC :OMPANY By �` � • Name HARTFORD ACCIDENT �t INDEMNITY COMPANY Signs re ofAutho za-t resenWteve/Agont otIrra, r, a ibrnia or ere 'otnpensaian) 18872 MacArthur Blvd., 4400 Addresst� -Ay Address City. Los Angeles, California (Liabilit) ' ephone 71d/911-Ofi73 Ext. 53 v w THE HARTFORD' Named Insured and Address This endorsement forms a part of Policy No 72 WJ 40124Td KAKNITZFX, COTTON VREELi4iND issued by THE HARTFORD INSURANCE GROUP companyy desig- noted therein, and takes effect as of the effective date of said policy 4i unless another effective date is stated herein. Effective datc9F 1180 Effective hour is the same as stated In the Declarations of the Policy. ADDITIONAL INSURED E14PLOYEI ENDORSEMENT I f IT IS AGREED THAT SUCH I&SUPJ-VNCE AS IS AFFORDED BY THE I POLICY UNDER INSURING AGREEMENT I ALSO APPLIES TO t f CIT11 OF HUNTINGTON BEACH AND ITS CITY COUNCIL i AS Ail ADDITIONAL INSURED EMPLOYER BUT ONLY AS RESPECTS EMLOYEES HIRED BY MID CARRIED ON THE PAYROLL OF THE UVLOYER NAMED Its ITEM I. OF THE DECLARATION OF THE 'POLICY. II i Nothing, herein contained shalt be herd to vary, waive, after. or extend any of the terms. conditions, agreements or declarations of the policy, ` other than as herein stated. This ndorsement shall not be binding unless countersigned by a duly authorized agent of the cos. -.parry, provided that if this endorsement takes effect as of the effect.ve dater of the policy arid. c.. r,sue of said policy, forms a part thereof :,ountersignature on the de clarations page of sold policy 4yra duly authorized agent of the company shall constitute volt l counters?znatwe of this endorsement. 3 Countersigned` by Authorized Agent 43,2246.2 0 t''wAod to ii..`5 A, 6,12 4 xu City of Huntington Beach g P.O. Box 190 CALIFORNIA 425a () OF � TliE CITYCLERK October 29, 1980 tKamnitxer, Cotton, Vreeland 6330 W. San Vicente Los Angeles, CA. 90048 Enclosed is an executed copy of the agreement for architectural services for the Old Civic Center Project in the City of Huntington Beach which was approved by the City Council at the meeting held August 18, 1980. Also enclosed is a copy of your insurance. Alicia M. Wentworth City Clerk Aria b t Enclosures City of Huntingtoneach. ° P.O. BOX 3 CALIFORNIA 92648 OFFICF OF THE CITY CLERK October 16, 1980 Kamnitzer, Cottons Vreeland 6330 W. San Vicente Los Angeles, CA 90048 Enclosed is your Certificate of Insurance which you; returned to this office. please sign Section E (Hold Harmless Agreement) and return to this office as soon as passible:. If you have any questions please contact this office 536-5405. Alicia M. Wentworth City Clerk AMW., cb enc. cc: Steve Kohler, HCd City of Huntington Beach P.O. Box too CALMORNIA 92648 OFFICE OF THL CITY CLERK August 20, 1980 Kamnitzer, Cotton, Vre--land 6330 W. San Vicente Los Angeles, CA. 90048 `the City Covncil of the City of Huntington Beach at its regular meeting held August 18, 1980 approved an agreement between the City and your firm for services regarding the new senior citizens recreation center in the amount of $33,333. Upon receipt of your certificate of insurance, said agreement will be executed and a copy forwarded to you for your records. Alicia 14, Wentworth City Clerk AMW.bt Enclosure tf:z Steve Kohler, Housing & Community 0evelopment �EQU T FOR CITY COU�dCiL ACTION ,Sty -:;pitted by James W. Palin, Director Department _ Development Services Gate Prepares august 8 , 19 8 0 Backup Material Attached Yes No Subject ARCHITECTURAL SERVICES CONTRACTS'; OLD CIVIC CENTER PROJECT City Administrator's Comments Approve as recommended Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions. STATEMENT OF ISSUE: To implement the construction of a new Senior Citizens Recreation Center, construction drawings and specifications must be prepared. To permit this action, the attached contract for architectural services has been prepared for the City Council's consideration.. RECOMMENDATION Approve and avthorize the City Clerk to execute the attached con- tract wi-h the architectural firm of Kamnitzer, Cotton, Vreeland, for services regarding the new senior citizens recreation center ($33,333) ANALYSIS The conceptual, plans for the new senior citizens recreation center were included in the proposal presented to the City Council on April 2, 1979, by the William Lyon Company. Although the Lyon Company's proposal was selected by the Council at that time, signi- ficantly more 'work is required to prepare the actual construction documents necessary for the City to request bids for the construc- tion of this facility. The attached contract stipulates that the following stages are to be completed by the Kamnitzer, Cotton, Vreeland firm, and that the City will pay the indicated percentage of the fee as follows': Schematic Design, Phase , . . 15 percent Design Development . . . . . . 20 percent Construction Documents . . I . 50 percent Bidding y 5 percent construction10 percent ago atr �7e 2 71 Therefore, the contract will, include the participation of the architect through all design phases, the preparation of all necessary construction `documents, -assistance with receiving and analyzing bids, and supervision d°.sing construction. The fee for these-ervices was calculated, as follows: Senior Citizens Recreation Center:: $ 33,333 (Eight 8%) percent of a construction budget of $416,667) Total Budget: $450,000 ALTERNATIVES: Without execution of a contract for architectural services, the project will fall behind schedule. FUNDING SOURCE: U.S Department of housing and Urban Development, Housing and Community Development Program: $450,000 - Senior Citizens Recreation Center Respectfully submitted, 4e� amesW Palin, Director Development Services JWPzSVK:jb Attachments I� f