Loading...
HomeMy WebLinkAboutTOM AND TRUSKIER ARCHITECTS - 1967-06-26 } TERMS;AND CONDITIONS OF AGREEMENT`BETWEEN OWNER AND ARCHITECT ARTICLE 1 obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. ARCHITECT'S SE:'VICE5 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1 BASIC:SERVICES 1.1.10 The Construction Phase will commence with the The Architect's Basic Services consist of the five award of the Construction Contract and will terminate phases described below and include normal strut- when final payment is made by the.Owner to the Con- rural, mechanical and electrical engineering services. tractor. 1.1.11 The Architect shall provide Administration of the SCHEMATIC: DESIGN PHASE Construction Contract as set forth in Articles 1 through 14 1.1.1 The Architect shall consult with the Owner to as- inclusive of the General. Conditions of the Contract for certain the requirements of the Project and shall confirm Construction, AIA Document A201, Tenth Edition dated such requirements to the Owner. September 1966, and the extent of his duties and re5pon- 1.1:2 The Architect shall prepare Schematic Design sibilities and the limitations of his authority as assigned Studies consisting of drawings and other documents illus- thereunder mall not be modified without his written trating the scale and relationship of Project components consent. for approval by the Owner. 1.1.12 The Architect, as the representative of the Owner 1.1.3 The Architect shall submit to the Owner a State- during the Construction Phase, shall advise and consult ment of Probable Construction Cost based on Curren: with the Owner and all of the Owner's instructions to the area, volume or other unit cysts. Colltrar:tar shall be issued through the ,",:chitect. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions DESIGN DEVELOPMENT PHASE unless otherwise modified in writing. 1.1.4 The Architect sF .II prepare from the approved 1.1.13 The Architect shall at all times have access to Schematic Design Studies, for approval by the Owner, the the Work wherever it ;s in preparation or progress. Design Development Documents consisting of drawings and other documents to fix and describe the size and 1.1.14 The Architect shall make periodic visits to the character of the entire Project as to structural, mechani- site to familiarize himself generally with the progress and cal and electrical systems, materials and such other essen- quality of the Work and to determine in gc,.ieral if the tials as may be appropriate. Work is proceeding in accordance with the Contract Doc- 1.1.5 The Architect shall submit to the Owner a further uments. On the basis of his on-site observations as an Statement of Probable Construction Cost. Architect, lie shah endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive CONSTRUCTION DOCUMENTS PHASE or continuous on-site inspections to check the quality or 1.1.6 The Architect shall prepare from the approved De- quantity of the Work. The Architect shall not be respon- sign Development Documents, for approval by the Own- sible for construction means, methods, techniques, se- er, Working Drawings and Specifications setting forth in quences or procedures, or for safety precautions and detail the requirements for the construction of the entire programs in connection with the Work, and he shall not Project including the necessary bidding information, and be responsible for the Contractor's failure to carry out the shall assist in the preparation of bidding forms, the Con- Work in accordance with the Contract Documents. dition5 of the Contract, and the form of Agreement be- 1.1.15 Based on such observations at the site and on the tween the Owner and the Contractor. Contractor'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 shall justments to previous Statements of Probable Construction issue Certificates for Payment in such amounts. The is- Cost indicated by changes in requirements or general suance of a Certificate for Payment shall constitute a rep- market conditions. resentation by the Architect to the Owner, based on the 1.1.8 The Architect shall assist the Owner in filing the Architect's observations at the site as provided in Sub- required documents for the approval of governmental Paragraph 1.1.14 and on the data comprising the Appli- authorities having jurisdiction over the Project. cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowi- edge, information and belief, the quality of the Work is BIDDING OR NEGOTIATION PHASE in accordance %pith the Contract Documents (subject to 1.1.9 The Architect, following the Owner's approval of an evaluation of the Work as a functioning whole upon the Construction Documents and of the latest Statement Substantial Completion, to the results of any subsequent of Probable Construction Cost, shall assist the Owner in tests required by the Contract Documents, to minor AIA 136ZILIMENT 8131 • OWNEP..ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION • AIA® 3 ©7HE AMERICAN INSTITUTE OF ARC11111.05,1735 NEW YORK AVENUE,N.W., WASHINGTON, D.C. 2M deviations from ,the Contract Documents con"rectable Owner against defects'in the Work, but'the furnishing;of prior to .completion, and to any specific qualifications such project representation shall riot make the Architect stated in the Certificate for Payment); and that the Con- responsible for the Contractor's failure to;perform the tractor is entitled to payment in the amount certified. By Work in accordance with the Contract Documents. issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examina- 1.3 ADDITIONAL SERVICES tion to ascertain how.and for what purpose the Contrac- _ The following services are not covered in Paragraphs for has u3ed the.moneys paid on account of the Contract 1.1 or 1.2. If any of these Additional Services.are Sum. authorized by the Owner, they shdll be paid for by 1.1.16 The Architect shall'be, in the first instance, the the Owner as hereinbefore provided. interpreter of the requirements of the Contract Docu- 1.3.1 Providing special analyses of the Owner's needs, menu and the impartial judge of the performarice.there- and programming the requirements of the Project. under by both the Owner and Contractor. The Architect shall make decisions on all`claims of the Owner or Can- 1.3.2 Providing financial feasibility or other special tractor relating to the execution and progress of the Work studies. and on all other matters or questions related thereto. 1.3.3 Providing planning surveys, site evaluations, or The Architect's decisions in matters relating •to artistic comparative studies of prospective sites. effect shall be final if consistent with the intent of the Contract Documents. 1.3.4 Making measured drawings of existing construc- 1.1.17 The Architect shall have aut.`:ority to reject Work tion when required for planning additions or alterations which does not conform to the Contract Documents. The thereto. Architect shall also have authority to require the Contrac- 1.3.5 Revising previously approved Drawin,;s, Specifica- tor to stop the Work whenever in his reasonable opinion tions or other documents to accomplish Chan,;es not initi- it may be necessary for the proper performance of the ated by the Architect. Contract. The Architect shall not be liable to the Owner 1.3.6 Preparing Change Orders and supporting data for the consequences of any decision made by him in wh%re the change in the Basic Fee resulting from the ad- good faith either to exercise or not to exercise his author- justed Contract Sum is not commensurate with the Archi- ity to stop the Work. tect's services required. 1.1.18 The Architect shall review and approve shop 1.3.7 Preparing documents for alternate bids requested drawings, samples, and other submissions of the Contrac- b the Owner. for only for conformance with the design concept of the y Project and for compliance with the infor..iation given 1.3.8 Providing Detailed Estimates of Construction in the Contract Documents. Costs. 1.1.19 The Architect shall prepare Change Orders. 1.3.9 Providing consultation concerning replacement of 1.1.20 The Architect shall conduct inspections to de- any Work damaged by fire or other cause during construc- termine the Dates of Substantial Completion and Final tion, and furnishing professional services of the type set Completion, shall receive written guarantees and related forth in Paragraph 1.1 as may be required in connection documents assembled by the Contractor, and shall issue a with the replacement of such Work. final Certificate for Payment. 1.3.10 Providing professional services made necessary 1.1.21 The Architect shall not be responsible for the by the default of the Contractor in the perfurmance of the acts or omissions of the Contractor, or any Subcontractors, Construction Contract. or any of the Contractor's or Subcontractors' agents or 1.3.11. Providing Contract Administration and observa- employees, or any other persons performing any of the tion of construction after the Contract Time has been ex- %kurk' ceeded by i,iore than twenty per rent through no fault -1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES of the Architect. 1.2.1 If more extensive representation at the site than 1.3.12 Furnishing the Owner a set of reproducible rec- is described under Subparagraphs 1.1.10 through 1.1.21 ord prints of drawings showing significant changes made inclusive is required,and if the Owner avid.Architect agree, during the construction process, based on marked up the Architect shad pry-isle one or more Full-time Project prints, drawings and other data furnished by the Coiitrac- Representatives to = -;-t the .'architect. tar to the Architect. 1.2.2 Such Full-time Project Representatives shall be 1.3.13 Providing services after final payment to the selected, employed and directed by the Architect, and 'h-, Contractor. Architect shall be compensated therefor as MUt4�Ily agreed between the Owner and the Architect as set fort,l 1.3.14 Providing interior design and other services re- in an exhibit appended to this Agreement. quired for or in connection with the selection of furni- `1.2.3 .The duties, responsibilities and limitations of au- ture and furnishings. thority of such Full-time Project RepresentativeB shall be 1.3.15 Providing services as an expert witness in con- set forth in an exhibit appended to this Agreement. nection with any public hearing, arbitration proceeding, 1.2.4 Through the on-site observations by Full-time Proj- or the proceedings of a court of record. ect Representatives of the :"fork in progress, the Architect 1.3.16 Providi, g services for planning tenant or rental shall endeavor to provide further protection for the spaces. AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT • SEPTEMBER 1966EDITION • AIA0 O THE AMEPICAN INSTITUTE OF !RCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINcTON, D.C.2M ? ARTICLE 2 3.1.1 For'completed construction, the total cost all such Work; THE OWNER'S RESPONSIBILITIES 3.1.2 Fur work not constructed,` the lowest bona fide 2.1 The Ow'ner shall provide'full information regarding bid received frofn a qualified bidder for any or all of such his reg0r0_m6nts for the Project. work; or 2.2 The Ovvaer shall .designate, when necessary, a rep- 3.1.3 For work for which bids are.riot received, (1) the resentative authorized to act in his behalf.with respect to latest Detailed Cost Estimate,,or (2) the Architect's latest y the Project. The Owner or his representative shall exam- Statement of Probable Construction Cost. J ine documents submitted by the Architect and shall ` render decisions pertaining thereto promptly, to avoid 3.2 Construction Cost does not include the fees of the unreasonable delay in the progress of ;he Architect's Architect and consultants, the cost of the land, rights-of- f work. way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6 inclu- j 2.3 The Owner shall furnish a certified land survey of the sive. t site giving, as.applicable, grades and lines. of streets, alleys, pavements and adjoining property; rights of way, 3.3 labor furnished by the Owner for the Project shall restrictions, easements, encroachments, zoning, deed re- be included in the Construction Cost at current market strictions, boundaries and contours of the site; locations, rates. Materials and equipment furnished by the Owner ! dimensions and complete data pe:taining to existing shall be included at current market prices, except that buildings, other improvements and trees; and full infor- used materials and 'equipment shall be included as if mation concerning available service and utility lines both purchased new for the Project. ,. public and private. 3.4 Statements of Probatle Construction Cost and De- 2,4 The Owner shall furnish the services cf a soils en- tailed Cc'st Estimates prepared by the Architect represent gineer, when such services are deemed necessary b; his best judgment -as a design professional familiar with the Architect, including reports, test borings, .test pits, the corratrudion industry. It is recognized, however, that soil bearing values and other necessary operations for neithr:r the Architect nor the Owner has any control ev±r determining subsoil conditions. the cost of labor, materials or equipment, over the con- ' 2.5 The Owner shall furnish structural, mechanical, tractors' methods of determining bid prices, or over com- petitive ch2mics' and other laboratory tests, inspections and re- bidding or market conditions. Accordingly, the port as required by law or the Contract Document!). Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost 2.6 The Owner shall furnish such legal, accounting and or other cost estimate prepared by him. insurance counselling services as may be necessary for the ! Project, and such auditing services as he may require to 3.5 When a fixed limit of Construction Cost is estab- ascertain how or for what, purposes the Contractor has lished as a condition of this Agreement, it shall include a used the moneys paid to him under the Construction bidding contingency of ten per cent unless another Contract. amount is agreed upon in writing.When such a fixed limit is established, the Architect shall be permitted to deter- 2.7 The services, information, surveys and reports re- mine what materials, equipment, component systems and quired by Paragraphs 2.3 through 2.6 inclusive shall be types of construction arc to be included in the Contract furnished at the Owner's expense, and the Architect shall Documents, and to make reasonable adjustments in the be entitled to rely upon the accuracy thereof. scope of the Project to bring it within the fixed limit. The 2.8 If the Owner observes or otherwise becomes aware Architect may also include in the Contract Documents of any fault or defect in the Project or non-conformance alternate bids to adjust the Construction Cost to the fixed with the Contract Documents, he shall give prompt writ- limit. ten notice thereof to the Architect. 3.5.1 If the lowest bona fide bid, the Detailed Cost Esti- 2.9 The Owner shall furnish information required of him mate or the Statement of Probable Construction Cost ex- as expeditiously as necessary for the orderly progress of ceeds such fixed limit of Construction Cost (including the the Work. ridding contingency) established as a condition of this Agreement, the Gvvner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding t the Project within a reasonable time, or (3) cooperate in ARTICLE 3 revising the Project scope and quality as required to re- . duce the Probable Construction Cost. In the case of (3) CONSTRUCTION COST the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the 3.1 Construction Cost to be used as a basis for deter- Construction Cost within the fixed limit. The providing of mining the Architect's Fee for all Work designed or speci- this service shall be the limit of the Architect's responsi- fled by the Architect, including labor, materials, equip- bility in this regard, and having done so, the Architect ment and furnishings,shall be determined as follows, with shall be entitled to his fees in accordance with this precedence in the order listed: Agreement. AIA DOCUMENT 8131 • OWNER-ARCHITECT AGREEMENT • SEPTEMPER 1966 EDITION • AIA O 5 @ THE AMERICAN INSTITUTE OF ARCHITECTS,173S NEW YORK AVENUE, N.V..,WASHINGTON, D.C.2M . ' ARTICLE 4 6.2 Payrrients for.'Additional Services of:the Arc Red as x ;_;;•. ,,.•; defined in Paragraph 1.3, and`for Reimbursable Expenses r DIRECT PERSONNEL EXPENSE as 'defined in Article 5, shall be made. monthly upon r . 4.1 • Direct Personnel�Expense of employees engaged onde e.,.presentation of the Architect's statement of services ren- the Project by the Architect includes archfiects, engineers, designers, job captains, draftsmen, specification writers 6:3 No deductions sh'ail'be made:from the Architect's and ,!ypists, in consultatlon,.research and design, in pro- compensation on acc6u'nt of penalty, liquidated 'dam- duahl; Drawings, Specifications and"other documents per- ages, or other sums withheld from payments to con- taining to the Project, and in services 'during construction tractors. at the site. 6.4 If the Project is suspended for more than three 4.2 Direct Personnel Expense includes cost of salaries months or abandoned in,whole'or in part, the Architect and of mandatory and customary benefits such as statu- shall be paid his compensation for services performed tory employee benefits, insurance, sick leave, holidays and prior to receipt of written notice from the Owner of such vacations, pensions and similar benefits. suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resulting ARTICLE 5 from such suspension or abandonment. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Fees for basic and Additional Services and include actual cac- ARTICLE 7 penditures made by the Architect, his employees, or his consuitants in the interest of the Project for the following ARCHITECT'S ACCOUNTING RECORDS incidental expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation and living when travel- Records of the Architect's Direct Personnel, Consultant ing in connection w'th the Project for other than reg- and Reimbursable Expenses pertaining to the Project, and ular trips from the office to the site, and for long distance records of accounts between the Owner and the Con- calls and telegrams. tractor, shad be kept on a generally recognized accounting 5.1.2 Expense of reproductions, postage and handling of basis and shall be available to the Owner or his author- Drawings and Specifications, excluding copies for Archi- ized representative at mutually convenient times. tect'S office use and duplicate sets at each phase for the Owner's review and approval; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.3 If authorized in advance by the Owner, the ex- pense of overtime work requiring higher than regular ARTICLE 8 rates; perspectives or models for the Owner's use; and fees of special consultants for other than the normal struc- TERMINATION OF AGREEMENT tural, mechanical and electrical engineering services. This Agreement may be terminated by either party upon seven days' written notice should the other party fail ARTICLE 6 substantially to perform in accordance with its terms PAYMENTS TO THE ARCHITECT through no fault of the other. In the event of termination due to the fault of others than the Architect, the Archi- 6.1 Payments on account of the Architect's Basic Serv- tect shall be paid his compensation for services pe,;ormed ices shall be made as follows:ONE HUNDRED 'DOTLARSto termination date, including Reimbursable Expenses 100.00)6.�1.1 An initial payment of • hen due and all terminal expenses. , S�Y6tY?1�LSr1�'��rtv„nnn.,:�,vu+���-x�vmir�atv�cr►�f�•�'vf.�t} payable upon execution of this Agreement, is the minimum payment under this Agreement. 6.1.2 Subsequent payments shall be made monthly in ARTICLE 9 proportion to services performed to increase the compen- sation for Basic Services to the following percentages of OWNERSHIP OF DOCUMENTS the Basic Fee at the completion of each phase of the Work: Drawings and Specifications as instruments of service Schematic. Design Phase . . . . . . . . . 15% are and shall remain the property of the Architect whether Design Development chase . .. .. . 35% the Project for which they are made is executed or not. Construction Documents Phase . .. . 750/6 They are not to be used by the Owner on other projects Bidding or Negotiation Phase . . . . . *8011/6 or extensions to this Project except by agreement in writ- Construction Phase . . . .. . . . . .. . . . 10011/6 ing and with appropriate compensation to the Architect. AIA DOCUMENT 0131 • OWNER-ARCHITECT AGREEMENT • SEPTEMBER 1966EDITION • AIA@ 6 Q THE AhIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, U.C.20M6 r. : ARTICLE 10 dispute`or..other, matter' in question-has arisen. `In, no event shall :the demand for; arbitration, be ,made.. after SUCCESSORS AND`'ASSIGNS institution �of legal, or equitable;proceedings based"on The`Owner and the Architect. each inds "himself, his such claim, dispute or other matter in;question would partners, successors, assigns and legal representatives to be barred by the applicable statute of limitations. t . the ,other'party to`this Agreement and to the partners, 11.3`;.The award'renclued by the arbitrators shall be final, successors, assigns and legal.,representatives of,sUch'other and judgment may be entered upon it in any court having party with respect to all covenants nf,this Agreement. jurisdiction thereof. Neither, the Owner :,ur.the` Architect shall assign, sublet ' or transfer his interi,st`Ar this -Agreement without the ARTICLE 12 ' written consent of the other. EXTENT OF AGREEMENT ARTICLE 11 This Agreement represents the entire andintegrated ARBITRATION agreement -between the Owner-and' the Architect and supersedes all prior negotiations, .,representations or 11.1 All claims, disputes..and other matters in question agreements, either written or oral. This Agreement may . arising out of, or relating to, this Agreement or the be amended only by written instrument signed by both - breach thereof shall be decided by arbitration in accord- Owner and Architect. ance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This ARTICLE 13 agreement so to arbitrate Shall* specifically enforceable under the prevailing arbitration law. `,. 11.2 Notice of the demand for arbitration shall be filed APPLICABLE L&W in writing with the other party to this Agreement and Unless otherwise specified, this Agreement shall be gov- with the American Arbitration Association. The demand erned by the la%v of the principal place of business of the shall be made within a reasonable time after the claim, Architect. E t AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT • SEPTEMBER 1966EDITION •.AIA® 7 t ©THE AMEMCAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON,D.C.2M i 4 ? r , This Agreement executed the day and year first written above. OWNER ARCHITECT gn'l,r-r-2- ' 170 Architect's Registration No. 02437 CITY OF HUNTINGTON BEACH RICHARD IAYNE TOM, A.I.A. Ul71., A'YOR PRO-TEM ATTEST: i . AIA DOCUMENT B171 O%VNER•ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION AIA® Q THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE,N.W.,WASHINGTON. D.C.2=k tz 16 IA MIN'OF i. --------- -- -------- --------- C -FORNIA' t . . 4: ;July,, 26 ­ l967 Tom and Tru'skier, Architects 1665*-West Katella Airenue Mbbbim, California Attention: -Mr. Ridh'rd,, Tom, A.I,A. GentHmen: We are enclosing herewith yotir copy-of. the aigree- ment . between the City of Hun' tington .Beach and your 1. firm * for preparation of *plans in connection' .with a new clubhouse building at Lake Parl: in this City. Included therew' ith is the initial payment 'of -$100 required by the contract u'on its execution. . ,Sincerely yours, Paul C. Jones' City Cle' rk PCj/8t Eric m em`.F s o f t h e arne r ican E t i t u t e o f architec t s T 0 M a �n d T R U S K I E R A R C H `Imo' 'r E C T S 1 6 6 5 w e s t k a t e I I a a v e a n a h a i m c a l i f o r n i a p h o n e 5 3 3 . 4 5 7 8 RICHARD LAYNE TOM A.I.A. JAN W. TRUSKIER A.I.A. - 1 June 22, 1.967 Mr. Doyle,:_Miller, City Administrator %ity of Huntington, Beach ,Post dffice Box 190 Huntington Beach, California 92648 RE: LAKE PARK CLUB HOUSE Dear Doyle : Please fine enclosed an Agreement in duplicate for architectural services on the above pro j e ct. If this meets with your approval, please sign and return a copy to me With the primary payment. We will be happy to contact Norm Worthy and proceed with our services upon receipt of the above. Thank you. Cordially, RICHARD IAYNE TOM, A. I. A. TOM AND TRUSKIER ARCHITEC LS RLT:rh Enclosures ti