HomeMy WebLinkAboutTom & Truskier - 1976-06-22 9,
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Xi'VIF,I}trlri7FrNT TO AG-RE,EMENT
THIS IS AN AMENDMENT to Aireemnent, dated April
1973, between the CITY Cr HTUNTIN'u'Tt;N BEACH, a muni^i.pa.l cor-
poration, and TOM & TRUSKIER, Archit;�acts, a partner3hip, for
the performance of arohi.tet tural servx;.e
1
The parties ! S '£'t t' amend -tbp fcr'egoin,,, Atreement as !'
follows:
SECTION 1. PaCCe I of the Agreement j,o amended 410
read as fc liowz;
It ic, the i:tentior, Jf the C$Y.s`er w;t '.S14t`uct a fire
z';ati7: n - id a y ch-t club facility on propr ty 1,r,oated at Warner
Avenue, eaWt of Pacific H '"hwa,y and adl'iLlce it to the 1-nai ,
channel, i ,.he cy+,,;y crf Hunt-.1 n±,,t-)n � era.;}'i, r acjwn a t1he darner
Fire Station and H#:t'€tinj—tc n HaZ i,',.-?1" Ya,'!.: r,J2. b F—a:'.Y.?lty
E TI"N 2. rape r, P�c. IT, (a) i a.manued
to read az f cl.owz
a. "FOR 11E ARCHI'`tEEC=TIS TL'AS177C ;:E?V1 ES }r.Ii(- sum of 7 I Z
pert-ert of Three Hundred Fifty-nine Tn ,.,� and, Three Hundred birt;;
and 3"o/'.'000 %Ihz 1)z,1 .ar;; ($'13'`'5�4, z3C."'f3) , and in ndditl on ther'.'.to, the
SuT of 2 11 perl.-ent. oNf tC"t" actual '",-,)motru—tion ^::z't of* the proipc :;
actual construction ccmot; calcul.,tr i at not le tha,r• Four HurzdrEd
Thousand DAAl?a.r s, v 4,10,0;01-1), , fur t;,U ., r: e of thlis P.fwx'eemert
SECTION 3. Article lt° to liere6y deleted.
ixoe t as k'74pre4 o ly ;a.Tr:C 1ndled `r.e 'eirl, all --t?'er oro-
vizi r3 of the Ag ,.Icr,,ent", ;3`tQd 'Wrl l 4, llt?3, r''E'S';ain _:t full
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force and effect,
` EXECUTED this _r _ day 976 � v
in Hunti:tbton Beach, Ca.iifc.rr. e .
CITY OF HUNTINGTON BEACH
a municipal ^.crporation
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APPROVED A `:,O FCR%l:
ATTEST:
city Clerk }, # � A" rneK;
A� :' CONTENT.
" A Pri:rE:�� INi In"Li ;-� SPA
APPROVE-,
yo fExECWi
a, partn'ev""hip
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`} 1 ► CITY OF H'U'1 TINT`P BEACH MCA�76-91
' COUNCIL - ADMINISTRATOR COMMUNICATION
e
HV1riYtif..TUf EtXC1{
Ronorahle Mayor
To and City C,,unQil Members From Floyd Belsi.to ,
City of Huntington Beach Acting City Administrator a
s Subject WARNER FIRE STATION gate June 15, 1976 -
ARCtIlTSGTURAL CONTRACT
In 1973, the firm of Tom and Truskier t4as retained bar the City to x
develop plans and specifications for the W11RV R F1RF STAT1011 and
MARINE FACILITY. Those plans were connpieted in late 1973 and the
archit4<ct was compensated for 7h u of the est;lmated coa krurtion
cost at that time.
Vince the 01WIGE COUNTY HARBOR DISTRICT now provides marine safety
protection in the I1UNTINGTON "I RBOUR ARFA, there is, no need for
the City to build the !urine Repair facility as planned. The
HUN`,INGTON HARBOUR 'YACHT CLUB has proposed to take over the cons-
truction and financing of the project in consideration for a lease
agreement with the City to permit the yacht club to occupy the old
marine facility site. Architectural nodifications twill be required
for such items as restroomsr parking, lanzdscacinq. pliimbing and
utilities.
Dick Ton, is the architect of record and his firm'a contract must
be modified before the project can proceed. The amended contract
provides compensation for City planned modification plus 2�,-% of
final construction costs.- These amendments were prepared by the
Ci.t,- 11ttorney and Meet the approval of the Ci.ty's project team.
-ae plans are complete, the agreement between the city ;;,ad
the ti"ti'.tgton Harbour yacht Club will be submitted to the City
Council, for approval. This should tale place at the- first greeting
in July.
REMWENDATION
.approve the amended contract with Tom an l Truskier as s omitted.
Respectfully subrsitted,
Floyd oy 9'. Belsito �.
Actitgr city, Admi nistrat c
u x,
J 4 City of Huntingtoneach y '
l0.
P.O. Box too CALIFORWIA 9260
OFFICE OF THE CITY CLERK
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Toss & Truskie.r, architects �
16897 Algonquin Street
Huntington Beach, Carifornia 92648
Gentlemen"
The City Council fo the City of Huntington Beach at thier
June 21,1976 Council meeting adopted. Resolution 4268
apprafing an amendment to the agreement with your firm for
architectural services performed at the Warner Fine Station
add Hunt ngton Harbour .Marine facilities.
W:i are enclosing a certified copy of said Resolution together
with an executed copy of the amendment to said agreement,
Sincerely your,
Alicia M, Wentwrth
City Clerk
jL :CBtjs
Enc.
µ
TIDE AMERICAN NSTITUTE OF ARCHITECTS
'
AlA Document B131 `y
} Standard Form of Agreement Between
ow
nr and Architect
on a basis of a
PERCENTAGE OF CONSTRUCTION COST
THIS Q(3C 'hfE iT HAS ttifPt?RTAI�T tE�Ai Ci)tiSEQ.� i%Cfr, iC�tiSL>TATFt'v 1h dTH
AN ATTOR LY tS ENCOURAGED VVITH RtSPEC T TO ITS iC?31PtETt N OR i".i?tTtfEC"t17it),v
AGREEMENT
made this d day of ^,, r s.l in tl3e year of Nineteen
Hundred and Seve-taty Three
BETWEEN C„7Y .. 1 41
,. f4:px. F 1le�I the Owner, and
c' .
> the Architect.
hunting'-;. P
It is the intention of the Owner toa...:... a "�
f a, cn rand
ar. �.-1, ^'F' fi,.. 'i,', .Liles' ?'� ,• r'<.- rVrw y ..< .,..
tt ' a+ %`..: ';n %nl Ta'ilgt �T 4 i >,it:.m;<:' .o^ i,Lid ll 2 q
kn-_-,,? ar e
hereinafter referred to as the Project.
The Owner and the Architect agree as set forth below.
. d rti"vTR ARCH TLCT AGREWEtiT aPERCE TAGEc APRIL 17—V UYTION Al,�>®
AIA 00CU lnty Bill t
114}4MMIC'AN MiTITS TE of Ag('EiBTlC'TS, t'3i hE 4 YC Rk A1E. 'y$+.YkA;Httii;4dxv,El.C..:(H'I(7ra
n
L THE ARCHITECT shall provide professional services for the Project in accordance with the Termt.
and Conditions of this Agreement.
t M THE OWNER shall compensate the Architect, in accordance with the TL rms and Conditions of
this Agreement, as follows: '
5 �Y
a. FOR THE ARCHITECT'S BA51C SERVICES, as described in Paragraph 1.1, Basic Compensation
computed at the following percentages of the Construction Cost, as defined it Article 3, grr a,.d u
Article 14� for portions of the Project to be awarded under µ
A Single Stipulated Sum Contract ten per cent t ICI 9'3)
S�pala'e iL� d X t3Y �(t}�fit vylx nlr�RY ;xfn
t
AN INITIAL PAY?br"NT of E -i � <s �* '��.;'� dollars tS . ,
shall be made upt i the execuston or thiK .Agee na and creilrtea to the Owner's account.
b, FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation
computed as follows:
Principals' time at the fixed fate of
per hour. For the purposes of this Agreement,`the Principals are:
Employees' time computed at a multiple of
s'.
times the employees`Direct Personnel Expense as defined r�) Article 4.
Additional services of professional consultants engaged for the normal structural, mechanical
and electrical engineering services at a multiple of :;t ,t; {ri e! l:unjro.dtli�:
times the amount billed to the Architect for such additional services.
Services of other professional consultants at a multiple of -ne anl ten
t ,N"i l times the amount billed to the Architect for such services.
{ k i .n r3ttrt? J(?RTYJXAW)fNMMAAMKt %A"- Q:
c. FOR THE ARCHITV 5 REIMBURSABLE E.XPENS£5,amounts expended as defined in Article 5.
d. THE TIM S AND aRTHER CONDITIONS OF PAYMENT shall be as described in Article&.
A,A DOCVMENT $131 . (A%1JR-A.KCH TFU s!{;RWIENT is EMNIAGf- APRIL IWO U)ITION - AINO'
WE AN'ERIC N IN TI`IL E(If AR'!"F UCTs 1"Ot 1-M,NOD.A%f A�H?`'.NJOI.,tt.t.«.at'0b 2
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
i
ARTICLE 1 obtaining bids or negotiated proposals. and in awarding za
and preparing construction contracts.
ARCHITECT'S SERVICES CONSTRUCTION PHASE—ADMINISTRATION €tz
BASIC SERVICES OF THE CONSTRUCTION CONTRACT
1.1
1.1.10 The Construction Phase will coanmence a;t'a the t
The Architect's Basic SerViles consist of the we ;ward of the Construction Contract sind cci;l terminate
phases described below and include normal struc- when the t}r ! Certificate for Payment Is, issued to the
tural,mechanical and electrical engineering,service, Owner.
SCHEMATIC DESIGN PHASE
1.1.11 The:Arcttifert shall prn ide Admini-trat-or.of the
Constntct,cn Contract as-r,t fc,rth.En nrtrc`e+'I th r:t;:tts tt
} 1.1.1 The Architect shotl consult w'ath the Owner to as- inrd..-i;er�f thr lzt aid;t �n o; 1lA C)oeument '�s Gen-
certain the requirements of the Project and shall contmn eral Condi!,ons >t the on!ra ct ;or Co-wrad:on. and the j
such requirements to the :owner. G t, _ „ t i'
q e�terrt of hi, dta es and respransttsllitiea..•.d.he L:.�it_�trons
1.1.2 The Architect shall prepare Schemattc Dr'sirr, or leis autho.rit a-a-<ir ned the-;under not he r ocli-
Studies consisting of drawings and cattier document,,t!u,- nvd w,thout h c.r,iten con,cnt ;
trating the scale and relation-,hip of Prose,° component 1.1.12 T!%, A ch'tect a,'tie of the Owner
for approval by the Ow-ner, durarr! Ilse Ctxnstructicrn rfsasfi. shall ach se and consult
1.1.3 The Architect shall submit to the a State- ccith the Occeet arc;a:I of the Onner's instrutisons to the
meat of Probable Construction Cost b: ed on current Corff,ul,r sh,arf br• ;N'vrd tt:, the :vrc#s:tect, The
area.volume or other unit coasts. Arclsttrect f•all hac,e „utf,o,tv At can h half of the
0,.v,ier to tine extent jitooded its wt e C;ene't,l Conditions
DESIGN DEVELOPMZNT PHASE unfes-othem,,Ie mod;4vd ao%intiriv.
1.1.4 The Architect shall ptesam fmm the apprmc d 1.1.13 The ,Arehiteet shall at a4 tames pace acres. to
Schamati-De 'udicsr for apifro%al by the Ovine- tt c tl-e i,%ofk%%herecer it is :n propira turn nr tacet.tres-.
Design Develop,:=nt Documents consisting of drat-im 1.1.14 TI::� Arehitc,=t shall make period!( visit; to the
and other documents to t+x and de-cube the ti!ae am. ,itz it) iambi rvv,I,im�vlf cereral!v with the pro,;res�ti�nd
character of the entire Protect a to strurtural men tarns.
cal and electrical systems maer,als and such rather essvn- r%nztty ref thF ctirtds an,t Ir., disc=rmine in general if .Ire
tials as may he appropriate- �'�tarl, a,prrarr�d n;;in ec(c,rrltnce with the Contract 11oc-
uments. On it t r-,,s;- of his on, ite nhsenations as an
4.1.5 The Architect shalt submit to the Clwner a turther atchIlect, he shall endeae t)r to award the Owner against
Statement of Probable Construction Co>t defects and in the SAsork of the Contractor.
the Architect shall not tier requited to make exhausti%-
CONSTRUCTION DOCUMENTS PHASE or crrntii',unus en—ite inspections to check the duality or
1.1,6 The Architect shall prepare from the avprw,ed De- vantsty 14 the Vvork. The Architect shall not be respon-
sign Develrapment Documents, for apptcial by the Own- stile f,,r ronstructson means methods, techniques, se-
er, Working Drawings and 5pecniCwion5 -ettin,4 ft�rth in quenc.es or procedur". or for samety pre(aution5 and
detail the requirements for the construction of the entire prtagrat7is in rtarneetion with the Work, and he shaft not
Project including the necessary bidd:rg srformation. and be rLspon,.7bfe for the Ccintractcr•'s taiturtr to carry out the
shall assist in the prep.,ration of bidding forms. the Cy)n- Abnrk.n,ccardance with the Contract Documents,
ditions of the Contract. and the form of Avreemtsnt ue- 1.1.15 Based rip such observations at the site and on the
tween the Owner and the Contractor. uoniractor's Applications for Payment the Architect shall
1.1.7 The Architect shall advise the Owner of any ad- determine the amount owing to the Contractor and all
lustments to previous Statements of Probable C vnstrue'.oiI a=-ue Certiivates for Payment in such amounts. The is-
Cost indicated by changes in requirements or genera! nuance o, a Cert ttca•e for Payment shall constitute. a top-
market conditions. rdtentation hi, the :Architect to the Owner based or.the
Architect's observations at the .ite as provided in Sub.
required The architect shall assist the Owner in tiling the paraiiish 1.1 14 and tin the data comprising the Appli..
required documents far the over
th al of grycernzrter*ta cation for Payment. that the Work has progressed to the
authorities haying jurisdiction.Cz er the Protect
point Indicated: that to the best of the architect's knowl-
edge. infr,.-mation and belicf„ the qual,ty of the Vv'ork is
9tDDING OR NECCOTIATiON PHASE n accordance with the Contract Documents zsubject to
1.1.2 The Architect, following the Owner's approval of an eia!uation of the Work for conformance with the Cot-
the Construction tIcurrent, .and of the latest Statement tract Documents upon 5uhsuntial Completion„ to the re,
of Probable Const.taclion Cost, shall aysirt the Owner in Suits of any subsequ?nt ie,.ts required by the Contract oc-
AIA DOCUMENT 0131 - t'wVNER.ARCHITE111; Ar'AtIMENT '.PERC1_NTA(;& - APR't 1470 ET3tVON fy NO .....
•=1 G++'TFIE�vtlS tL aty t"R T1Tt'fiE OF ANIU,N%V: �47�4HP"vt�[.s^,U. al?rlf 3
i;
umerts,to minor deviations from the Contract Documents shall endeavor to provide further protection for the
correctable prior to completion,and to any specific quali- Owner against defects in the Work, but the furnishing of V T;
fications stated in the Certificate for Paymeno. and that such project representation shall not make the Architect .
the Contractor is entitled to payment in the amount cer- responsible for construction means, methods.techniques,
tified. By issuing a Certificate for Payment, the Architect sects,rites or procedures,or for safety precavtior,s and pro- r
shall not be deemed to represent that he has made any grams,or for the Contractor's failure to perform the Work
examination to ascertain how and for what purpose the in accordance with the Contract(documents.
Cot,ttactor has used the moneys paid on account of the '
Contract Sum. 1.3 ADDITIONAL SERVICES
1.1.16 The Architect shall be. in the first instance, the
if any of the following Additional Services are
interpreter of the re uirements of the Contract Docu-
menus and the impartial judge of the performance there- authorized by the Owner, t;tey shall be paid for by
under by both the Owner and Contractor. The Architect the Owner as hzreinbzfore provided.
shall make decisions on all claims of the Owner or Con- 1.3.1 Providing special analyses of the Owner's needs,
tractor relating to the nxecurion and progress of the Work and programming the requir-ments of the Project.
and on all other matters or questions related thereto. 1.3.2 Providing financial :eastbitity or other special
The Architect's der lions in matters relating to artistic studies.
effect shall be final if consistent with the intent of tine 1.3.3 Providing planning :unevs, site evaluations, or
Contract Documents. comparative studies of prospecti,e sites. I`
1,1.17 The Architect shall have authority to reiect Work 1.3.4 Prov-Jing design 5er:ice5 relative to future t'3ciii- i
which does not conform to the Contract Documents ie5. systems and equipment which.ire not intended to be
Whenever,in his reasonable opinion.he considers it needs- constructed as part of the vroiect.
nary or,advisable to insu-e the proper implementation of 1.3.5 Providing sen ices to investigate existing condi-
the intent of the Contract Documents.he will have author- tmnti or fac+4 ties or to,yak: measured drawings thereof,
iry to require special inspection or testing of am i�'nrk in or to verify the accuracy of drawings or other informa-
accordance with the provisions of the Contract Docu- tson Curnished by the Owner.
menus whether or not such °r'ark be then fabricated, in- 1.3.6 Preparing documenti for alternate bids or out-of-
stalled or completed, sc qu,ice se:ices requested by the Owner.
1.1.18 The Architect shall review and approve shop 1.3.7 Providing Detailed f:stimates of Construction Cost
drawings, samples.and other su missions of the Contrac•- or detailed quantity surveys or inventories of material,
for only for conformance with e design concept of the cquipmenf and labor
Project and for compliance voth the information given
in the Contract Documents. 1,3.8 Prtivicling intctiar design and other services re-
1.1.19 The Architect shalt prepare Change Orders- and
for or in connection with the selection of furniture
and furn;shings
1.1.20 The Architect shall conduct impections to de
termine the Dates of Substantial Completion and final 1.3.9 Providing services for planning tenant or r.+Diorr
completion, shall receive and i iview written guarantees 3.10'
and related documents assembled by the Contractor, and tv)m, Making cume revisions w , in xrevisions, re inc n-
siall issue a final Certificate for Payment, ti=m5 or Wilier documents when such revisions are incon-
sistent with \%.:tten appriv aN or instructions preyiou5ly
1.1.21 The '.rchitect shall not be responsible for the given and are :ue to rcauseti beyond the control of the
acts or omissions of the Contractor.or any Subcontractors Architect
or any of the Contractor's or Subcontractors' agent= car 1.3.11 Preparing supporting data and other services in
employees. or any other persons performing any of the czmnectinn with Change Order,,if the change in the Basic
Work. Compensa0n, resulting from the adjusted Contract Sum
is not commensurate with the sc,.:res required of the
1,2 PROJECT REPRESENTATION BEYOND BASK SERVICES Architect.
1,21 if more:xtensive representation at the site than 13.12 NAaking investigations involving detailed ap-
is described under Subparagraph, 1.1.10 through 1,1.21 pr;aisals and valuatioms of existing facilities, and surveys
inclusive is required,and if the Owner and,Architect avree, or inventories required in cc nnection with construction
the Architect shall provide one or more full-Time Project performed by the Owner.
Representatives to assist the Architect. 1.3,13 Providing; consultation concerning replacement
1.2.2 Such full-Ti�,ie Project Re�i!esentatiyes shall be of any Work damaged by fire or other cause during con-
selected,empl>r ed acrid directed by the Arctnte t, and the Orur:tion and furnishing professional servir is of the type
Architect shall be compensated therefor as mutually set forth in Paragraph;.1 as may be require[, in connection
agreed betvveen the Owner and the Architect as set forth with the replacement of such Work.
in an exhibit appended to this Agreement- 1.3.14 Providing; professional services made necessary
1.2.3 The duties, responsibihties and limitations of au- the default of the Contractor or by major defects in
thority of such full-Time Protect Representatives shall be the Work of , to (onfractor in the petformar.,e of the
s--t forth in an exhibit appended to this Agreement, Construction Contract,
1.2,4 Through she on site e',seiN,atfons jay full-Time Proi- 1.3,15 Preparing a set of reproducible record prints of
ect Representatives of the Work in progress,the Architect drawings showing significant changes in the :fork made
A14 DOCUMENT $131 01'4.MARC"1tIM'T MiRFI!Mtkit 'PERPFtiTAr,rs - APRIt 19'0 EDITION Ai AO
4 y„''',O.t THE AVERICAry IN YITUTE OF:ARCHIIECTS,1'1*,NEW y'i tRK AN f N N..%NNgH!NCrT0%, D C 'tL'107
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during the construction process, based on marked-up ascertain how or for what purposes the Contractor has
prints,drawings and other d,to furnished by the Contractor used the moneys paid to him under the Construction .
to the Architect, Contract. t?,
1.3.16 Providing extensive assistance in the utilization 2.7 The services, information, surveys and reports re-
of any equipment or system such as initial start-up or test- quired by Paragraphs 2.3 through 2.6 inclusive shall be <:
ing,adjusting and balancing,preparation of operating and furnished at the Owners expense,and the Architect shalt
maintenance manuals,training personnel for operation and be entitled to rely upon the accuracy and completeness v �'
maintenance,and consultation during operation. thereof. 9
1,3.17 Providing Contract Administration and observa- 2.8 If the Owner observes or otherwise becomes aware
tion of construction after the Construction Contract Time of any fault or defect in the Project or non-conformance
has been exceeded or extended by more than 30 days with the Contract Documents, he shalt give prompt writ- c'
through no fault of file Architect. ten notice thereof to tLe Architect.
1.3.18 Providing services after issuance to the Owner of 2.9 The Owner shall furnish information required of him
the final Certificate for Paymer-1. as expeditiously as necessary for the orderly progress of
1.3.19 Preparing to serve or serving as an expert.vitness the Wo-k.
in Connection with an;public hearing,arbitration proceed-
ing or legal proceeding,
1.3.20 Providing services o professional consultants for ARTICLE 3 I
other than the normal structural, mechanical and electri-
cal engineering services for the Project. CONSTRICTION COST
1.3.21 Providing any other services not otherwise in-
eluded in this Agreement or not customarily furnished in 3,1 The Construction Cost to be used as the basis for
�{ accordance with generally accepted architectural practice. determining the Architect's Basic Compensation shall be
th total (zest or estimated cost to the Owner of all work
caprimed or specitied by the Architect, which shall be
ARTICLE 2 determ,ned as fhllows, v.ith precedence in the order
fisted:
THE OWNER'S RESPONSIBILITIES 3.1.1 For completed construction, the total cc<<t of all
such Work;
2.1 The Owner shall providrt full information regarding 3.1.2 For Work riot constructed,.1t the lowest bona fide
his requirements for the Project. bid received from a qualified bidder for any or all of such
2.2 The Owne,shall designate,when necessary. a rep t4'ork, or ;2) if the Work s not bid, the bona fide nego-
tiated authorized to act in his behalf with respect to tiated proposal submitted for env or all of such 4%ork; or
the !'roject, The Owner or his representative shalt exam- 3.1.3 For Work for which not such bid or proposal is
fine documents submitted by the Architect and shall received, 111t the latest detailed Estimate of Construction
render decisions pertaining thereto promptly, to avoid Cost if one is ,ailable, or {2`< the latest Statement of
u—easonabie r:blay in the progress of the Architect's work. Probable Construction Cost.
2.3 The Owner shall furnish a certified land survev of the 3.2 Construction Cost does not include the compensa-
site giving,as applicable,grades and lines of streets,alleys: tion of the Architect and consultants, :he cost of the land,
pavements and adjoining propertv, rights-of-way. restric- rights-of-way, or other costa which are the responsibility
tions,easements,encroachments,zoning.deed'estrictions, of the Owner as provided in Paragraphs 2.3 through 2.6
boundaries and contours of the site;locations,dimensions inclusive,
and complete data pertaining to existing buildings,Other z 3 tabc,r furnished by the Owner for the Projec, shall
improvements and trees;and full information concerning be included in the Construction Co-t at current m.rktt
available service and utility lines both public and private, rates including a reasonable allowance for ci,-,head and
above and below grade,including inverts and depths. profit. Mate-t-'r and equipment furnished by the Owner
2.4 The Owner shall furnish the services of a soils engi- shall be incluta;d at current market prices, except that
veer or other consultant when such services are deeme.i used materials and 9quipment shall be included as if pur-
necessary by the Architect, including reports,test borings, chased rpw for the Project.
tes' pits, soil bear rr,4 values, percolation tests, air and 3A Statements of Probable Construction Cast and De-
water pollution tests,ground corrosion and resistivity tests tailed Cost Estimates prepared by the Architect represent
and other necessary operations for determining subaoii, hi, best iudgment as a design professional familiar with
air and water conditions, with appropriate professional the construction industry. It is recognized, however,that
interpretations thereof neither the Architect nor the Owner has any control over
2.5 The Owner shall furnish structural, mechanical, the cost of labor, materials or equipment,over the con-
chemical and other laboratory tests,inspections and reports tractors'methods of determining bid prices,or over com•
as required by few or the Contract Documents, petitive bidding or market conditions, Accordingly, the
2.6 the Owner shall furnish such legal,accounting..and Architect cannot and Goes not guarantee that bids will not
insurance counsellfa* services at may be necessary for the vary from any I.Iatement of Probable Construction Cast
Project, and such audifinq services as he may require to or other cost estimate prepared by him.
AIA Dt 091J_.04T 0131 • l3i4tAR-ARCHITECT ACREE.MIIN'T WERCENTAGS APRIL 1910 EDITION • AIA*
1970+THE AMERIt AN iNWITUTE Of AR(AITECTS,11,115 NEWYORK AVE,,N W.,WA$HINGTON,D.C.2M 5
3.5 When a fixed limit of Construction Cast is eshab- 5.1.E Expense z)f reproductions, postage and handling
fished as a condwon of this Agreement, tt shall include a of DrawioRs and Specificanoris excluding duplicate sets
bidding contingency of ten percent unless another amount at the romplelion of each Phase for the Owner's review
is agreed upon in"rrti.ng.Wlvh n such a t,,ed limit is estab- and approval.
fished,the Architect shall he permitted to determine vYha€ a
5,1,3 if ar,tfaorized in advance by the Owner, expense
materials, equipment. component Systems and tv;po of of overtim:, weak requiring higher than regular rate: and
construction are to be included in the Contract Oacu- expense of renderings or mrdels for the {boner's use.
ments, and to make reasonable adjustments in the scope 5.1,4 Expense of computer time when used in connec-
of the Protect to bring it vvithin the fixed limit.The Archi- r `>�
Y tect may also include in the Contract Documents afternate tion with Additional Services
bids to adjust the Construction Cost to the fixed limit,
3.5.1 If the lowest bona fide hid or negotiated pro-
posal, the Detailed Cost Estimate or the Statement c ARTICLE ti,f •.
Probable Construction Cost exceeds such fixed limit ai
Construction Cost tincludinq the biftrip contiruencN PAYMENTS TO THE ARCHITECT �
established as a condition of this Agreement the Ovvrier �
x shall 11 give w•ritlen apnroval of an imrease in Such tmxed 5.1 la,:;ments on arrount of the .Nrchaect's Basic Seer.
limit, 121 authorize rebidding the Protect vsithir, a rea-nn- ices shall be rparfe ac to"Ir>vvs:
able time. or 3! cooperate in revising tte Pro;;ect scort> 6,1,1 An initial pavmrnt a- set barrio in Paragraph Ila ! `
and qualih,,as required to reduce the,Probable Const rut. Time is the minimum, pa%ment Bider this ='agreement. �
t; tion Cast, in the case of 'at the Architect, withr,ut adilr- k'
tion Charge.sl+all mridify the Dravvinss an S aec,+�e,it�eM, 6`7.2 Sub»ectuent puv"menu leer Basic $arvic 4 shall be
as necessity to bring the Construction Co,dI with:4 the made monthiv mn proportion it servires performed so
tt.at Pie ccmnipencat,nn ai the eomr!vlion of pact, Phase
fixed firnit. The pro.iding or Street sen ite shalf he thn sf�all equal the fnffr»virg, percrntaHes ref the total Basic
limit t_)f the Archnect:s responsib lily to !his rem,mi ant: t'r7tnX,<:msatrrxn.
having done.wa. the An;hOect shall Cie entitled to c omper.
cation in accord,knce with this Agreement. Schemmi, Doe i;n Phase . .. .....
Iaes� r. ttc3vefc+prevent Phase . .,.. . fir"
Conslnrcnwen Oocumemnts Place ,-5,;,
Siddlri4 or Nezoltat- mn Phase F3V"
ARTICLE A COnstruttam Phase ... .......... 1;10D
6.2 Pavmenls for Additional Cervices srf the Architect a>
DIRECT PERSONNEL EXPENSE (#e'+ned in f'arawiph 1-: and for Reimbursable Expenses
as de14:) d in Arl+de S. shall he mane monflity upon
pre;ew*atton of tie Architect's statement of serves ten-
4.1 Direct Personnel expense of efrip'nvee prigat;ed on deed.
the Project by tie Architect include,,archirect i. engineers 6.3 No cfe1im twrr shalt tie made from the Architect's
designers, ob captains, draftsmen steer,,ration w•aIVra
and heists, in rr,nsultation. research ;and desain, m pro. comp,,;;at,on on account (if penalty. liquidated dam-
ages, c?r olher sums wtthhe!d from pavments to con-
taining l�rawingc 5pecif;cations arid aril,*,risacument;per., tractor:.
twining to the Pur,�ert, and in services durmg construe tion ,
at the site. 6,4 �ect is su,pencled for more than three
m._ �doned in wilt le or in par,, the Architt=t
4.2 Direct Personnel r%ppenso incfude4 rest of sala,zex sF�,. aaa compensation for services performed
ana of mandatory and cus;omary I=enefits stith ws tat i Eyre, r written ntatice from the fhvner of such
tort' empfovee hpne+its, insurance, sick leave, ho!idays ,ti aidorimer_t,top, her vv�lh Reimbursabie
and vatat ins pensions and similar benefits. Exp due and tilt terminal expenses resulting
from suspension or abandonment, If the Protect is
re,umed after being suspended for more than three
ARTICLE E 5 months, the Architect's compensation shall be subject to
ren"oliation.
REIMl3tlRSABL EXPENSES 6.5 Paym<mis. der the Architect under this .Agreement
vtsaft bear interest wt the legal late rtrm+nenttn;; sixty
days after the date of billing.
5,1 Reimbursable Expomes are in addition to the Corn
pensatian for Basic and .Additional Services anti include
actual expenditures made by the Architect,his employee,,, ARTICLE 7
or his prof.Nional ronsultints in the interest of the Prot-
ect for the expenses listed ire the follovi-ing Subparagraphs-
5.1,1 Expense of tr4risportation and living when
travel-ing in connection with the Project; long distance tails Records of the Arriaitect'v Direct Personnel, Consultant
and t'.1egrams, and fees paid for secu,. ,,s afr-rrr}v,tl of and Rraynbuti;able txpvonse pettaining to the Project
authorities having jurisdiction lave* the Project. shall he kept an a„erivrAN recognized accounting basis
At.1 0000AINE T AIXT r ,ta4vfNU—ARCH'YKI Ott;REIMENT &ERt NT1AGE, t APRtt TrO ECXIVON , AtA*
6 C�Wil-ME AWRW° %,t,NsTHLTE OF ARCWrErrIS,IM SUN-vtaRK nvE.•NNv. WAWN(MIN,D.C.::)tav
r
J
f�.
and shall be ava table to the Owner or his authorized ARTICLE 11
representative at mutually convenient times.
ARBITRATION .
11.1 All claims, disputes and other matters in question
ARTICLE 8 arising out of, or relating to, this Agreement or the ,
breach tl.ereot shall be decided by arbitration in accord-
ance vvith the Construction industry Arbitration Rules of ,`�k
TEkMINATiON OF AGREEMENT the American Arbitration As<ociauon then obS,,ining un-
less the parties mutually agrerr otherwise. This agreement0 if
'. .
This Agreement may be terminated by either part` ur'on to arbitrate shall be specify al'y enforceable under the
seven days' written notice should the other party rail prevailing; arbitration la,v.
F substantially to perform in accordance vwitb its terms 11.2 Notice of the demand for arbitration>hall he filed
through no fault of the other. In the event of termination in wraing with the nth:a pariv to Ihi A regiment and
g due t^ the fault of others than the Architect the Ar.:t+,- e
test shall be aid nis compensation for .er%ices per- vwith the .American :'via ration b!e time
Association, The demand
p p f be made within a reascinab!e tome alter the Claim, �
formed to termination date, including Reimbursable Ix- cl=route or other matter inque<oon ha an en. In nn
penses then due and all -rm na! expenses,
event shall the demand for arhiL•atron be made after the ; -
date when in�.:tatutron of legal ar equitable proceedrni s
based can such claim, dispute— '.nee rnaeat-to question
ARTICLE 9 v:culd lde barred hvv the applitablp±statute of limitations,
11.3 Thc.avvard rendered by the arbr;�ators.hatl be r.nal,
OWNERSHIP OF DOCUMENTS and •udernvnt may he entered upon t in av=rarciance vwith
apg?'<vah,r 'avv an .any (oust €h,- w surrseiica"tan thereof.
Drawings and 5pecificatior+s as instruments of .erwico
are and shall remain the property of the Architect vvhether ARTICLE 12
the Protect for which iliev are made cs executed or not
They are not to tie used by the Owner on wither pfotects EXTENT OF AGREEMENT
or extensions to this Prev ent except bt aagreemont in v ra-
inS and vvith appropriate corr.^ensttion to the Architect
Th., Ag*eemr_nt teprisents the entire and integrated
agreement between the Ovvner and the Architect and
>,.persedt . salt Prim necotiatrnzs rep,esentations or
ARTICLE 10 ,agreement,.. either vwrirten or prat This Agreement may
be arner!ded only by written rn,,trument signed by bath
SUCCESSORS AND ASSIGNS Owner and.Architect.
The 0%rier and the Architect each binds himself his 11� I 3t
pattners, successors, assigns and to al representat=vex to
the other party to this Agreement and to the partner<,
successors,assigns and legal representatives of such other �»
party vvith respect to all covenants of thy, Agreement.
Neither the Owner nor the Architect shalt ass gn. sublet XXXXINXiC
or transfer his interest :n this A,eement %without the
written consent of the other.
:r t::ity ry, H'Aaft '
rai t ,t^.:'f� t!'-'5 �. .ai n,e nti' an ..i SA s -at . n .'a
'i v a thllo arreement
,` u',.ieh eXtent, :t'It.. t{' r T 13` the
- +<2 e1=",`v :1k=: n a_.Ag22.- �t,...> 11E . '�::T�. ;k Tip";3' t.
",'" ,...(:�`..3'..,.C• S,`i fS«C: 'i+.ry.`+ r t-i'ru .i�{.. i�n; �:'?3� 7.i"' 4°�.�'�i �t' u11eZ
r:. ix-n .ot.fal'D.a"
'tJA DOCUMENT 9131 « 0VVkAkARtttt,€1rT rVjQ'T'i'01NT T€RCENTrv(,t • 9,rRa 1g'tr €rYTtt'ix
."t'it+ '1iS. tIf?se,r*«r^r r0r,:s3f Or A,Rf;td IU Ie 3"ryl"+tZ4 ld'fiF>ALi. " 4S v444}it aSrTt)1,t C ZOOM) 7
r
• .1-'LiL^S2'VIENT T !'lGr?. EIJY'cT B.G.4t'+EEN s./„i1NER AND ARC'IT EC`I
AR''ICLE lit "2
PROJECT
she following Arah itr-ct desi gn services shall ;;e part CAL'
this contract but not Iimi.tee to
a. ,site levelopment.
b. exterior llgQing. '7
C. T axing. is
d. property line wally .
e, review and coordinate landscaping,,
r. review and coordinate sprinkler system.
The following shill be :�peclfically excluda" From bpi
contreet
a,. dredgin,, .
b, tulkheading.
c. launoh ramoz,
d. dock:,,.
{l i center i.�enti*'ic`ttw „
ARTICLE 15
16
A. A fixed 11-144t of C(,11:-tructicgI o* TtXo, 2urndrej Fifty
shouzand 1). 1 dam ($250,000) i • hereby eot,abli.hed a a corz-
di,tion :�f this Agree; ent in accordame with Article 3 of
thi.4 Agreement.
L
B. Thesize o the P.T"Zect a nil he type and .",uali.ty of
construction are dependent ur wn ti:e funds available) for
the Project. The Aveiite°l*t will ex;r?r:a.se <"3?..Z brut Judg-
iTmnt In determininj the balance i�etween the .size of th,e
Project, the type of conztructlon, and the quality of
coo-tructxcn to ap.hi.eve a zatiDf ator r ooluwi.on within
budget lAmItatinnz.
AE"'ICLE 16
ADDITIONAL SERV3'-ES
As a specific procedure f-,r hanl,'my kJ itienal Service: Df
tale Arc li'.;ect outli .ed in Article 1.--1, the fclicwing will
apply:
z
s y
If Additional Services of the Architect, as :yet forth in
p Article J-3, are requested or rewired, the Architea . will Y ,
promptly pre;ent to tale Owner fnr signature an Extra Services �
Order and a related Letter f A rreemert covering such Add*
tional Servicez. S?eze document:" ,ri ll define the scope of
the Adaiti Taal Servicee., refer to the ...eano by which the
ret3UeSt or rE'qwii/re?'=eTlv tC'� T: 'rfCrr7 t?'if;".1 y�'c'.�£,"ie ir:"iO,"n, and
state ttie reaz--nU*,) .,, y tney are con-.1dered as Addit on?.i.
Services. Upon siE-rT:at are tj the Carer, theoe d.:Cc iments �' .11
form a supplementary A M:e ent fL;r the perfgrmaice of t1h
ork covered, and. t •4-0 then to aaz hr�rized to
cxleceed :<ath the t:, rlC in 3.cc,"-r„ arico aiti2 the termo ~hereof.
THIS AGREE E:31 v^n„7, t,n,- of z,?z_+ - ? i° c N z i e, a nd the
atta.cli-ment r r"£ i .. th='ugh �" l ny?l a l v 'e 7 �S Tl4''S1ti ,,n t n:
bottom of pa,,,e � !" t";Jf !" Crt e:.'.e it)y '.*a, !'.,eer 'approve �.
;"=, I T„VNT'.'[r7,..TT0N ,BEACH
S
s � '
rff
ATTEST: A PEOVC�,: AS TO E:OM4; �.
•
.x'�ct n Citg Cler=: 1C- e
r ,k s RUSKTE.', Ar hl tec tL.+� s.
a :artner-h
LSD •
�.al�Q✓2"9.`,�.p's. �c t,f:` .. ..are :.'r
k y1�
i
It
f.
r
s , ' Tom and Tru sloe ,, Avohitea is
1665 Went Matells Avenue
Anaheim$ Colic is
Attention Mr. Richard Tom, A.I.A.
��utle
Tb4 City Council of Huntin ton Beach, at its regular
steting held MbUd4y April 1 197,
APPnowtd the agre ent
} nth your fim forpreparation oz pl us iTI Oo e tion
with the con trmtiou of a fire stotion and htrbor
fstll:.t on pr*petty located at i4sr er Avenue, east of
ei ,e coot Hishway and -adjacent to thZ s main ��nsnnelj
lNei 11tyR It
.., telosed io a duly Feu ed copy ref the sgre %n sir
your fib a#.
� IrSeaa�el � ,
i
,f4ting city so'saw
.
r,
March 26, 1973
i
r
To City Council
From; City Attozoney
Subject ; Fire Station and ar4-ne
Y
Facility Contract
The attached contract f Per the ^,���"�-��� of the ;Varner
Fire Station and Huntin�t:n Harbour " r�ne F ca .,.itS rrovideu
for{ a f ixe-J limit of ^n r:-tructicn cost cif �2ar0,f�"�0? 00, The
ambitect's fee iz 101d5 of the f,'7Jm�i ruc ion v:1zt, .This of fice approvez: waid aontract as to fc'rm and legality
y
i and herewith Iran-m -o owte, f--r Cr-oncii a.rproval,
Respectfully subiritted,
DON P. aCNPA
City Attorney
P -. Ier
Attachment
1
M
9 �l
Y
., Huntington Beach Design Review Board �4
F.O. BOX 190 CALIFORNIA 9264E
December 18, 1972 r
TO: HONORABLE MAYOR AND CITY COUNCIL �
FROM: Design Review Board
RED Reselection of Architect
Darner-Pacific Coast. Highway Fire and Marine Facility ;f
ATTN-. David Rowlands, City Administrator
Paul Jones, City Clerk
i
Presentation to be coordinated by the Department of
Harbors and Beaches and the Fire Department, ,
At its regular meeting of December b, 1972, the Design
Review Board approved the selection of the architectural
firm of Tom and Trusk1 er.
The following matters were discusses' at length; ,
1. The Board's decision was based on the memo from: the
Fire Chief and Director of Harbors and Beaches dated
October 27, 1.(i72, outlining the reasons for selecting
another architect for the harbor facility.
2. No other archXtectural, firms were considered by this Board.
The Design Review Board recommends approval by your Honorable
Body.
Respectfully submitted,
A,
a� Ea zeputy : ecre tary sep -.^Al an a
Encl; Picard/Moorhotise memojig
' t
.w v
f
G '
CITY OF HUNTINGTON BEACH
T CO NI UCti si.A F ND `r5nn.
,) i11.'iY �.•�3+ („47:. `. °'at s_a t` ,i s fQ}< 'v. -*. ICY$+..`�F I'�,}, .t ,y�p3,.
Ds3*a¢ (ktt bt,r 27
+ 5 �i•"1,
Nils . ��i? etlE , r �R,'t bl#vL' bv_in tlL'?)tir3f}nj� !'I',
fo "ht.' 0 i?tfic
i-ii*o' and ► %,
of tl41 f?lcl S'�"!, rra" ": � st.wt z .E�2tii� r Y1:F's't a�a'ag `� ��q.:Yi'^3 �ei� C�:E'S�i` '3Fti
: ls!6 . 1.1 . ILttJ1" 1us2un sjTl t th dflu
3v -Mlf rtzat a Small iIr }ftQCt o'llid be yor_ sul¢iw
for
The l&Aa t iz cLi OP i{ ;;'<� t.. j `o :;txury in arch tcer who is iamiliar 6b.e:h
tbe ar a, IY e o 4>:' nstraE`,nl.n, #M'V ' :m office that Is re.,tivt.1y close to
the sit; ,arc=.t is 1'1v3t€-j tivar our offices. Tht- pt•oiect is W;:omp&,x itrtb) � ij1_
;j ! 1,f NVt,' tt.'I"Pj"sJIja1 C3 1xs` R; it, �:rT[t tt� o� ?"ikt&? i!
a�it`c VW""'S firs Dick *Xt IVIVC I't:V c%Vf4_1
the �$t'E mid 1f1 It! ho J't P'11t:4it),)
y.. �
prtlim;n<"?;'S t'i11 i 'sly` Gti l s4$:t; Lml .'aJ °'Jud .".I.va i ;7t yiier� i C 6'c"j$u:ia �s`.
INC E"`'.ixtL 1` E?s +rgt � Ott" k"t°s t r
{{ q � 1 EFI " 't't@I Etta rht st.'8"Vtt`t.''= of
i!M' IWill
ill 0 a
r your
lx'v
R(.f':.
r_*'u1W4VN1S DEPT.
u Y
z
s
Y
Tel.
(213) $74-7686
874-7688
January 2, l.t173
City of Huntington, Beach �` }
r
&tb and Orange Streets
Huntington Beach, California 92646 �
Attention: �,Ir, Paul Jones
Re; Fire Station & Life: Guard Headquarters '
Huntington Beach �
G44I1$lemen
We would appreciate having an opportunity to
bid on the above project.
We are a General Colatractor. fully bonded,
working throe hoot the Los Angeles and Orange
County areas.
Our experience in commercial construction and
tact completion at the project would prove to
be beneficial to yosi,
Please adviso when the working drawing will be
released for bids.
Very truly yours,
UNITED CALIFORNIA BUILDERS
LICENSE NO.. 242145
Peter Ttl h a
Vill�
1AT :1-1 kit,
✓ 1' 7805 SUNSET BLVD. SUITE 22
(gx( z3 x