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HomeMy WebLinkAboutTOM AND TRUSKIER, ARCHITECTS - 1973-04-02 AMENDMENT TO `AGREEMENT THIS IS AN AMENDMENT to Agreement , dated April 3 , 1973 , between the CITY OF HUNTINGTON BEACH, a municipal cor- poration, and TOM & TRUSKIER , Architects , a partnership , for the performance of architectural services . The parties hereby amend the foregoing Agreement as follows : SECTION 1 . Page 1 of the Agreement is amended to read as follows : It is the intention of the Owner to construct a fire station and a yacht club facility on property located at Warner Avenue , east of Pacific Coast Highway and adjacent to the main channel , in the city of Huntington Beach, known as the Warner Fire Station and Huntington Harbour Yacht Club Facility . SECTION 2 . Page 2 , No . II , subsection (a ) is amended to read as follows : a. "FOR THE ARCHITECT ' S BASIC SERVICES the sum of 7 1/2 percent of Three Hundred Fifty-nine Thousand , Three Hundred Thirty and no/100ths Dollars ( $359 , 330 . 00 ) , and in addition thereto , the sum of 2 1/2 percent of the actual construction cost of the project ; actual construction cost calculated at not less than Four Hundred Thousand Dollars ( $400 , 000 ) , for purposes of this Agreement . " SECTION 3 . Article15 is hereby deleted . Except as expressly amended herein, all ocher pro- visions of the agreement , dated April 3 , 1973 , remain in full JOC : er 6/15/76 1 . r r force and effect . EXECUTED this day of , 1976 in Huntington Beach, California . CITY OF HUNTINGTON BEACH a municipal corporation a y o r ATTEST : APPROVED AS TO FORM : City Clerk Ci y attorney APPROVED AS TO CONTENT : APPROVED , INITIATI. G EPARTMENT : r EXECUTED this I(0 may of 1976 in Huntington Beach, California . TOM & TRUSKIER , Architects , a partnership ,,, 0 wo By 1". 2 . THE M4kICAN INSTITUTE OF ARCHITECTS C � AIA Document B131 Standard Form of Agreement Between Ow" ner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST THIS DOCUMINT HAS IMPORTAr:T LEGAL CONSEQUENCES; CONSULTATION WITH A.J ATTORNLY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this 3rr] day of April in the year of Nineteen Hundred and Sovenity .Chroo. k BETWEEN the CI`f'Y OP .11UNl'IN(I"I'ntd BEACH , a munic1pal coilporation , here- .i n ri f t;e r called the Otiti►Der, and TOM F, `t`RUSKIEP , ArL}ii tc:rL:; , :a paLt;nevship , or 16807 Algonquin Street , llunt: mitt on 13f?ac h , Cali. f of nia , hereinafter called the Architect. It is the intention of the Owner to cony: r rust; a. fire station a;lo hai-,bar facility r. n piroper't;y located at; i�larner Avenue , east; of' Pacific Coat fIi Eh•r:a;y► !inn !0 jacent; to the alai n channel , In the cit.:r of Iluntington Beal�h , ?, 110,411 f :; '1'r al-llnr' F1 1-e St;"itr i -on and I}unt i nfrt on flar-bouv Marine Facll i t.y" hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. .CIA I)OCUMENC R131 0%VW '-APC1111[Cr A(;R1f'.1ENT I1wrNTAGE) • A1'R11 197n EDIT10,4 • AIAI e, 19m • riff A•1ERICAN INSTI)UTE OF AR(`1111ECTS, 17.11, N1.W YORK AVE., N,W., WASI-1114G1(1N, 0. C. 2fW6 1 1. TI1E ARCHITECT shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. THE OWNER .shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S BASIC SERVICES, 'as described in paragraph 1.1, Basic Compensation computed at the followinf: percentages, of the Construction Cost, as defined in Article 3,>!Rrx and t rt i e l e 14 , ror portions of the Project to be awarded under A��[[Single J'Stipulated r SCufmj JC'oJ,ntt/r`,aci ten per cent ( 10 %) i .ICI wal(K XON U fk K k K�Il a 1�r1I11 VAt�� 1Y.1�l1 71 11�J►A A A�1�'A Al i(VE&Mat j }fit (fX 0K011 X9KT1I� )WckePWxXftk AN INITIAL PAYMENT of One Thousand Five jiun�dr d dollars t� 1 500 ) } shall be made upon the execu,ion of this Agreement an cre lte to the Owners alcount. t t b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation cor-puted as follows: Principals' time at the fixed rate of Thirty—five dollars t535 . 00 ) x per hour. For the purposes of this Agreement, the Principals are: t Richard L . Toni and Jan 1-1. Truskier . Employees' time computed at a multiple of t,•;o and rune—half ( 2 . 5 } times the employers' Direct Personnel Expense as defined in Article 4. Additional services of professional consultants engaged for the normal structural, mechanical and electrical engineering services at a multiple of one and ten hilti(Iredths ( 1 . 10 } times the amount billed to the Architect for such additional services. Services of other professional consultants at a multiple of one trod ten hundredths ( 1 , 10 ) times the amount billed to the Architect for such services. xfx5: Itrngr},i}'Y`i�k;' �4 c `k}1: c. FOR THE ARCHITECT'S REIMBURSABLE UPENSFS, amounts expended as defined in Article 5. ) d. THE TIMES AND FURTHER CON01TIONS OF PAV WNT shall be as described in Article G. I: t 3. AIA DOCUMENT 0131 OWNE111•ARCHIf1Cr MWIEMEN1 1PERCEMAGEI APRIL 1970 EDITION AIAq 19i1 x W l i.i{j TERMS AND COND-ITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 obtaining bids or negotiated proposals, and in awarding and preparing; construction contracts. ARCHITECT'S SERVICES 'CONSTRUCTION PHASE—ADMINISTRATION 1.1 BASIC SERVICES OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the The Architect's Basic Services consist of the five . award of the Construction Contract arid will terminate phases described below and include normal strut- when the final Certificate for Payment is issued to the tural, mechanical and electrical engineering services. Owner. SCHEMATIC DESIGN PHASE 1.1.11 The, Architect shall provide AdminisVation of the Construction Contract as set forth in Articles I through 11 1.1.1 The Architect shall consult with the Owner to as- inclusive of the latest edition of AIA Document A201, Gen- certain the requirements of the Project and shall confirm eral Conditions of the Contract for Construction, and the such requirements to the Owner. extent of his duties and responsibilities and the lintilations 1.1.2 The Architect shall prepare Schematic Design of his authority as assigned thereunder shall not be modi- Studies consisting of drawings and other documents illus- fled without his written consent. trating; the scale and relationship of Project components 1.1.12 The Architect, as the representative of the Owner for approval by the Owner. during file Construction Phase, shall advise and consult 1.1.3 The Architect shall submit to the Owner a State- with the Owner and all of the Owner's instructions to the ment of Probable Construction Cost based on current Contractor shall be issued through the Architect. The area, volume or other unit costs. Architect shall have authority to act on behalf of the Owner to the extent provided in the General Condition DESIGN DEVELOPMENT PHASE unless otherwise modified in writing. 1.1.4 The Architect shall prepare from the approved 1.1.13 The Architect shall at all times have access to Schematic i)esign Studies. for approval by the Owner, the the Work wherever it is in preparation or progress. Design Development Documents consisting of drawings 1.1.14 The Architect shall make periodic visits to the and other documents to fix and describe the si/e and site to familiarize himself generally with the progress and character of file entire Project as Io structural, merhani- quality of the Work and to determine in general if the cal and electrical systems. materials and such other essen- Work is proceeding; in accordance with the Contract Drc- tials ac may be appropriate.. uments. On the basis of his on-site observations as an 1.1.5 The Architect shall submit to the Owner a further architect, he shall endeavor to guard the Owner against Statement of Probable Construction Cost. defects and deficiencies in the Work of lire Contractor. The Architect shall not be required to make exhaustive CONSTRUCTION C•')CUh1f.NTS 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 Docurents, for approval by the O%vr. 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 tire, Work, and he shall not Project including the necessary bidding information, and be responsible for file Contractors failure to carry out the shall assist in file preparation of bidding forms, the Con- Work in accordance with the Contract Documents. ditions of the Contract. and the form of Agreement be- 1.1.15 Based on such observations at the site and on the Iween the Owner and the Contractor. Contractor's Applications fir 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 jue.lmerils to previous Statements of Probable. Construction issue Certificates for Payment in such amounts. The is- Cost indicaled by changes in requirements r general suance of a Certificate for Payment shall constitute a rep- Markel conditions. resentation by the Architect to the Owner, based an the 1.1.0 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 1.111.1 and on the data comprising the Appli. authorities having; jurisdiction over the Project, ration for Payment,ment, that the Work has propressed to the point indicated; that to the best of the Architect's knowl- edge, information and belief, the quality of the Work is BIDDING OR NEGOTIATION PHASE in accordance with the Contract Documents (subject to 1.1.9 The Architect, following, the Owner's approval of an evaluation of the Work for conformance with the Con- the Construction Documents and of the latest Statement tract Documents upon Substantial Completion, to the rc- of Probable Construction Cost, shall assist the Owner in suits of any subsequent tests required by the Contract Doc- AIA DOCUMENT 8131 - OWNFR-ARCHITF.r:1 ACREEMEN1 (PERCENTAGE) - APRIL 1970 EDITIr)N a AIAQ T 1970 • ME AMERICAN INS117ME or ARCHITECTS, IM NEW YORK AVE., NAV., WASHINGTON, D.C. 2DW6 3 t t • urnents, 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 ficalions stated in the Certificate for Payment); and that such project representation shall not make the Architect tF-e Contractor is entitled to payment in the amount 'cer- responsible for. construction meals, rn.ethods,`techniques, Ofied. By"issuing a .Certificate for Payment, the. Architect sequences or procedures,or ►orsafety precautions and pro- 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. i Contractor has used tiie moneys paid on account of the 1 Contract Sum. 1.3 ADDITIONAL. SERVICES 1.1.16 Tile Architect shall be, in the first instance, the If any of the following Additional Services are } interpreter of the requirements; of the Contract Docu- y y paid for by i menu and the impartial judge of the performance there- authorized b the Owner, the shall be # the Owner as hereinbefore provided. under by both the Owner and Contractor. The Architect shall make decisions rn all claims of the Owner or Con- 1.3.1 Providing special analyses of the Owner's needs, tractor relating to the execution and progress of the Work and programming the requirements of the Project. and on all other matters or questions 'related thereto. 1.3.2 Providing financial feasibility or other special 'fhe Architect's decisions in matters relating to artistic studies. effect shall be final if consistent with the intent of the 1.3.3 Providing planning surveys, site evaluation,.. or Contract Documents. comparative studies of prospective sites. 1.1.17 The Architect shall have authority to reject Work 1.3.4 Providing design serAces relative to future facili- A,hich does not conform to the Contract Documents. ties, systems and equipment which are not intended to be t%'henever, in his reasonable opinion, he considers it needs- constructed as 'part of the Project. gory or advisable to insure the proper implementation of 1.3.5 providing services to investigate existing condi- the intent of the Contract Documents, he will have author- tions or facilities or to make measured drawings thereof, 'it}' to require special inspection or testing of any Work in or to verify the accuracy of drawings or other informa- accordance with the provisions of the Contract Docu- tion furnished by the Owner. merits whether or not such Work be then fabricated, in- 1.3.6 Preparing documents for alternate bids or out-of- stalled or completed. sequence services requested by the Owner. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contrac- 1.3.7 Providing Detailed Estimates of Construction Co.t f or detailed quantify surveys or inventories of material, or only for conformance with the design concept of the Project and for compliance with the information given equipment and labor. in the Contract Documents. 1.3.6 Providing interior design and other services re- 1.1.14 The Architect shall prepare Change Orders. quired for or in connection with the selection of furniture and furnishings. 1.1.20 The Architect shall conduct inspections to de- 1.3.9 Providing services for planning tenant or rental (ermine the Dates of Substantial Completion and final spaces. completion, shall receive and review written guarantees 1.3.10 flaking major revisions in Drawings, Specifica- and related documents assembled by the Contractor, and shall issue a final Certificate for payment, lions or other documents when such revisions are incon- sistent %with written approvals or instructions previously 1.1.21 The Architect shall not be responsible for the given and are due to causes beyond the control of the acts or omissions of the Contractor, or any Subcontractors, Architect. or any of the Contractor's or Subcontractors' agen!s or employees, or any other persons performing any of the 1.3.11 Preparing supporting data and other services in Work. connection with Change Orders if the change in the Basic Compensation resulting from the adjusted Contract Sum is not commensurate with the services required of the 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES Architect. 1.2.1 If more extensive representation at the site than 1.3.12 Making investigations involving detailed ap- is described tinder Subparagraphs 1.1.10 through 1.1.21 praisals and valuations of existing facilities, and surveys inclusive is required, and if the Owner and Architect agree, or inventories required in connection with construction the Architect shall provide one or mr-a Full-Time Project performed by the Owner. Rcpre�entatives to assist the Architect. 1.3.13 Providing; consultation concerning replacement 1.2.2 Such Full-Time Project Representatives shall be of any Work damaged by fire or other cause during con- selected, employed and directed by the Architect, and the structitm, and furniskin professional services of the type Architect shall be compensated therefor as mutually set forth in Paragraph 1.1 as may he required in connection agreed between the Owner ,and file Architect as set forth with the replacement of such %fork. in an exhibit appended to this Agreement. 1.3.14 Providing professional services made necessary 1.2.3 The duties. responsibilities and limitations of au- by the default of the Contractor or by major defects in thority of such Full-Time Project Representatives shall be the Work of the Contractor in the performance of the set forth in an exhibit appended to this Agreement. Construction Contract. 1.2.4 Through the on-site observatiuns by Full-Time Proj- 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 Work made AIA DOCUSAINT 6131 - OWNER-ARCH17ECT AGREEMENT (PERCENTAGr.1 - APRiL 1970 EDITION - AIAa 4 ID 1970 , THE AMERICAN INSTITUTE or ARCHITECTS, 1735 NEW FORK AVF., N.W., WA5HINGTON, V. C. 211") during the construction process, , based on marked-'up ascert ain how or for what purposes the Contractor has prints, drawings and other data furnished by the Contractor used the moneys paid to him under the Construction to the Architect. Contract. 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'hy Pari`J;riphs 2.3 through 2.6 inclusive .shall be ing, adjusting and balancini;, preparation of operating and furnished.,at the Owner's expense, and the Architect shall maintenance manuals, training personnel for operation and be, entitled to rely upon the accuracy and completeness maintenance, and consultation during operation. the, 1.3.17 Providing, Contract Administration and 6bserva- 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 shall give prompt writ- through'`no fault of the Architect. ten notice thereof to the Architect. 1.3.1.8 Providing services after issuance to the Owner of. 19 The Owner shall furnish information required of him fire final Certificate for Payment. as expeditiously as necessary for the orderly progress of 1.3.19 Preparing to serve or serving as an expert witness the Work. in connection with any public hearing, arbitration proceed- ing or legal proceeding. 1.3.20 Providing services of professional consultants for ARTICLE 3 other than the normal structural, mechanical and electri- cal engineering services for the Project. CONSTRUCTION COST 1.3.21 Providing any other services not otherwise in- cluded in this Agreement or riot customarily furnished in 3.1 The Construction Cost to be used as the basis for accordance with generally accepted arci.ltectural practice, determining the Architect's Basic Compensation shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be ARTICLE 2 determined as follows, with precedence in the order listed: THE OWNER'S RESPONSIBILITIES 3.1.1 for completed construction, the total cost of all such Work; 2.1 The Owner shall provide full information regarding 3.1.2 For Work not constructed, (1) the lowest bona fide his requirements for the Project, bid received from a qualified bidder for any or all of Such 2.2 The Owner shall designate, ttihen necessary, a rep_ Work, or (2) ii the Work is not bid, the bona fide nego- resentative authorized to act in his behalf with respect to tinted proposal s �bmitted for any or all of such `Work; or the Project. The Owner or his representative shall exam- 3.1.3 For Work for which ro such bid or proposal is ine documents submitted by the Architect and shall received, (1) the latest Detailed Estimate of Construction render decision; pertaining there!o promptly, to avoid Cost if ene is availably;, or (2) the latest Statement of unreasonable delay in the progress of the Architect's work. Probable Construction Cost. 2.3 The Own per shill furnish a certifier) land survey 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, the cost of the land, pavements and adjoining property; rights-of-way, restric- rights-of-way, or other costs which are the responsibility Lions,easements, encroachments, zoning, deed restrictions, of the Owner as provided in Paragraphs 2.3 through 2.6 boundaries and contours of the site; locltions, dimensions inclusive. and complete data pertaining to existing buildings, other 3.3 t.abor furnished by fire Owner for the Project shall improvements and trees; and full information concerning be included in the Construction Cost at current market available service and utility lines both public and private, rates including a reasonable allowance for overhead and above and below grade, including inverts and depths. profit. Materials and equipment furnished by the Owner 2.4 The Owner shall furnish the services of a soils engk shall he included at current market prices, except that neer or other consultant,when such services are.deemed used materials and equipment shall be included as if pur- necessary by the Architect, including reports, test borings, chased new for fire Project. test pits, soil bearing values. perca(atian tests, air and De- water pollution tests, ground corrosion and resistivity tests 3.4 Statements of Probable Construction Cast and De• tailed C and other necessary operations for determining subsoil, fits Estimates prepared by the Architect represent air and 'water conditions, with appropriate professional his best judgment as a design professional familiar with interpretations thereof. the construction industry. It is recobnized, however, that 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 teas, inspections and reporl4s tractors' methods of determining hid prices, or over tom• as required by law or the Contract Documents. petitive bidding or market conditions. Accordingly, the 2.6 The Owner shall furnish such legal, accounting, and Architect cannot and does not guarantee that bids will not insurance counselling services as may be necessary for the vary from any Statement of Probable Construction Cast Project, and such auditing services as he may require to or other cost estimate prepared by him. AIA DOCUMENT $171 OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1170 EDITION • AIAIM 0 1970 • 711E AMERICAN INSTITUTE OF ARCIMEC75, 1735 NEW YORK AV1` N.W., WASIiINGTON, D. C. 2OM6 5 t When a;fixed limit of.CM.tructinn 'Cost is estab- 5.1.2 Expense of reproductions, postage and. handling lishr.cl as a condilion of this Agreement, it shall include a of Drawings and Specifications excluding; duplicate sets bidding; contingency of ten percent unless ancither amount at tile completion' of each Phase for the Owner's review is •igre 'd upon in %v iting. �Nhen such a fixed limit is estab- and approval. li-hed, the Architect shall be permitted to determine what 5.1.3 1f authorized in advance by the Owner, expense n1.t .riots, equigiment, ci�rn�ianent systems and types of of overtime work requiring higher thawreg;ular rates and construction are to be included ,in the Contract Docu- expense of renderings or models for the Owner's use. ments, and to make reasonable adjustments in the :,.-:)PC 5.1.4 Expense of computer time when used in connec- of the Project to bring; it within the fixed limit. The Archi- �. trap with Additional Services. test may also include in the Contract Documents alternate bids t�� adjwt the Construction Cost to the fixed limit. 3.5.1 1f the lowest bona fide bid or negotiated pro- ARTICLE 6 posal, the Detailed Cast Estimate or the. Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost (including; the bidding conting;encyl PAYMENTS TO THE ARCHITECT established as a condition of this Agreement, the Owner Shall (1) give written approval of an increase in such fixed 6.1 Payments an account of the Architect's Basic 5erv- lirnit, (2) authorize rebidding; the Project within ,a reason- ices shall be made as follows: able time, or (3) cooperate in revising; the Project scope 6.1.1 An initial payment as set forth in Paragraph ila and quality as required to reduce the Probable Construc- (Page 2) is the minimum payment under this Agreement. tion Cost. In the case of (3) the Architect, without addi- 6.1.2 Subsequent payments for Basic Services shall be tional charge, shall modify the Drawings and Specifications made monthly 'in proportion to services performed so as necessary to bring; the Construction Cost within the that the compensation at the completion of each Phase fixed limit. The providing; of such service shall be the shall equal the following percentages of the total Basic limit of the Architect's responsibility in this regard, and Compensation: having done so, the Architect shall he entitled to compen- sation in accordance with this Agreement. Schematic Design Phase1S°a Design Development Phase . . . . . . 35%0 Construction Documents Phase . . . . 751 u Ridding; or Neg;o!iation Phase . . . . . 801% ARTICLE 4 Construc!ion Phase . . . . . . . . . . . . . . 100 6.2 Payments for Additional Services of the Architect as DiRECT PERSONNEL EXPENSE defined in Paragraph 1.3, and for Reimbursable Expenses as defined in Article .5, shall be made monthly upon presentation of the Architect's statement of services ren- 4.1 Uirrct Personnel Expense of employees engaged on tiered. the Project by the Architect includes architects, engineers, 6.3 No deductions shall be made from the Architect's designers, jot) captains, draftsmen, specification writers compensation on account of penalty, liquidated darn- ;end typists, in consultation, research and design, in pro- ages, or other sums withheld from payments to con- diicing; Drawings, Specifiraiion5 and other documents per- tractors. twining to the Project, and in services during construction at the site. 6.4 If the Project is suspended for mnrc than three months or abandoned in whole or in part, the Architect 4.2 Direct Personnel I. -sense includes cost of salaries shall be paid his compensation for services performed and of mandatory and customary benefits such as statu- prior to receipt of written notice from the Owner of such toty empinyee henefits, insurance, sick leave, holidays suspension -it abandonment, together with Reimbursable and vacations, pensions and similar benefits. E:penses then due and all terminal expenses resulting from such suspension or abandonment. If the Project is resumed alter being suspended for more than thrrue ARTICLE 5 months, the Architect's compensation shall be subject to renegotiation. REIh1QURSAC3LE EXPENSES 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty clays after tlue date of billing. 5:1 Rei:nbur:,able Expenses are in addition to tho Com- pensation for oasis and Addilional Services and include actual expenditures made by the Architect, his employees, ARTICLE 7 or his professional consultants in the, interest of the Proj- ect for the expenses listed in the following Subparagraphs: ARCHITECT'S ACCOUNTING RECORDS 5.1.1 Expense of transportation and living; when travel- ing; in connection with the Project; long; distance calls Records of the Architect's Direct Personnel, Consultant and telegrams; and fees paid for securing; approval of and Reimbursable Expenses pertaining; to the Ptoject authorities having; jurisdiction over the Project. shall be kept on a generally recognized accounting basis AIA DOCUMENT 0131 • nWNER-ARCt11TEC1 AGREE'.1ENT (PERCUN'TAGE) • APRlt 1970 EDITION • AtA'4 6 n 1970 • 711E. MAERICAN 114STI IUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 r :J and shill) her available to the Owner or his authorized ARTICLE 11 representative at nlritually convenient times. • r ARBITRATION 11.1 All claims, disputes and other matters in question ARTICLE n aricing out of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accord- ance with the Construction Industry Arbitration Rules of TERMINATION OF AGREEMENT the American Arbitration Association then obtaining un- less the parties mutually agree otherwise, This agreement This Agreement may be terminated by either party upon to arbitrate shall be specifically enforceable under the seven days' written notice should the other party fail prevailing arbitration Law. substantially I'o perform in accordance with its terms 11.2 Notice of the demand for arbitration shall be filed through' no fault of the other. In the event of termination in writing with the other party to this Agreement and due to the fault of others than the Architect, the Archi- with the American Arbitration Association. The demand sect shall be paid his compensation for sere-ces per- shall be tnade within a reasonable time after the claim, formed to termination date, including Reimbursable Ex- dispute or other matter in question has arisen. In no penses then due and all terminal expenses. event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question ARTICLE 9 would be barred by the applicable statute of limitations. 11.3 the award rendered by the arbitrators shall be final, OWNERSFIIP OF DOCUMENTS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether ARTICLE 12 the Project for which they are made is exeu-ted or not. They are not to be used by the Owner on other projects EXTENT OF AGREEMENT or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. This Agreement represents tlle entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or ARTICLE 10 agreements, either written or oral. This Agreement may be amended only by written instrument signed by both SUCCESSORS AND ASSIGNS Owner and Architect. The Owner and the Architect each binds himself, his �RTJCI E. 13 partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, CiG�1iD�JXI','�A successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor tile, Ar,.hitect shall assign, sublet }!7{l Xi}�iLc tiYsK;€tic iG XFys'+{X01y(A; 0KtX.s:1(KIARMIK)k or transfer his interest in this Agreement without the {r1�,2{1;yet {g{ c,�Rkti }�;{r}tsh {, ��fh written consent of the other. ARTICLE 13 APPLICABLE I,AW This agreement shall be governed by the laws in force in the Cite of Huntington Beach , County of Orange , State of California . In the event of any conflict between any part of this agreement and any la.r in force in said city , county and state , such law shall. SLIders cede this agreement to such extent . Wit;tiout liiAt ing the generality of the foregoing , in the event the construction contract goes to public bid , the law regulating public bld procedures shall supersede any inconsistent pants of this agreement . AIA DOCUMENT B131 OWNIR•ARCHIMT A;RfIM NT tPERCtNTAGE! • APRIL 1970 (DITION . A10 Q 1970 • ME AMERICAN INSTITUTE Of ARCIMEC1S, 17.1; NW.1 YORK AVE., N.w., WA5HINGT0,14, t). C. 2onm 7 MLI {'ACIHIEN`I' TO AGREEMENT BETWEEN OWNER ANID ARCHITECT ARTICLE 111 PROJECT The following Architect design services shall be paint of this contract but not Limited to : a . site development . b . exterior lighting . c , paving . d . property line walls . e . review and coordinate landscaping. f . review and coordinate sprinkler system . The following shall be specifically excluded from this contract : a . dredging . b . bulkhea.ding . c . launch ramps . d . docks . e . landscaping . f. sprinkler system . g. sign;.) , including ( 1 ) center identification . ( 2 ) building identification . ( 3 ) general interior signing . ( 4 ) general exterior signing . ARTICLE 15 PROJECT BUDGET A . A fixed limit of Construction Cost of Two Hundred Fifty Thousand Dollars ( fi250 , 000 ) is hereby established as a con- dition of this Agreement in accordance with Article 3 of this Agreement . B . The size of the Project and the type and quality of construction are dependent upon the funds available for the Project . The ArchItect will exercise his best ,judg- inent in determining the balance between the size of the Project , the type of constrruotion , and the qualit., of construction to achieve a satisfactory solution within budget: limitations . ATTACHMENT Page 1 of 2 . ur 41 I ' rt ARTICLE 16 ADDITIONAL SERVICES As a specific procedure for handling Additional Services of the Architect outlined in Article 1 . 3 the following will apply : If Additional Services of the Architect , as set forth in Article 1 . 3 , are requested or required , the Architect will promptly present: to the Owner for signature an Extra Sr:rvi.ces E: Order, and a related letter of Agreement covering such Addi- tional Services . These documents will define the scope of the Additional Services , refer to the means by which the request or requirement to perform them became known , and state the reason( s ) why they are considered as Additional Services . Upon signature by the Owner , these :documents will form a supplementary Agreement for the performance of the work covered , and the' Architect will then be authorized to proceed w1th Gne work in accordance with the terms thereof . THIS AGREEMENT consisting of pages 1 - 7 inclusive , and the _ attachment pages 1 through 2 inclusive ( commencing on the bottom of page 7 of the Agreement ) has been approved by : CITY OF HUNTINGTON BEACH a municipal corporation By �- I ay ATTEST: APPROVED AS TO FORM : 00*1 C1.ty clerk J` C. ,y t1t I ,e T014 & TRU,SKIER , Architects a partner.- VU r By � t ATTACHMIE11T Page 2 of 2 . ti I HjAfOAJ CITY OF HUNTINGTON BEACH CA 76 - 91 ;? COUNCIL - ADMINISTRATOR COMMUNICATION �"' �c•�P HUNTINGTON BEACH Honorable Aiayor To and City Council Members From Floyd Belsito City of Huntington Beach Acting City Administrator Subject WARNER FIRE STATION Date June 15 , 1976 ARCHITECTURAL CONTRACT In 1973 , the firm of Tom and Truskier was retained by the City to develop plans and specifications for the WARNER FIRE STATION and MARINE FACILITY . These plans were completed in late 1973 and the architect was compensated for 7% of the estimated construction cost at that time . Since the ORANGE COUNTY HARBOR DISTRICT now provides marine safety protection in the HUNTINGTON HARBOUR AREA, there is no need for the City to build the Marine Repair facility as planned . The IIUNTINGTON 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 modifications will be required for such items as restrooms , parking, landscaping, plumbing and utilities . Dick: Toil, -Is the architect of record and his firm ' s contract must be modified before the project can proceed . The amended contract provides compensation for City planned modification Plus 211% of final construction costs . These amendments were prepared by the City Attorney and meet the approval of the City ' s project team. Once the plans are complete , the agreement between the city and the Huntington Harbour Yacht Club will be submitted to the City Council for approval . This should take place at the first meeting in Julv. RECOMMENDATION Approve the amended contract with Tom and Truskier as submitted . Respectfully submitted , 4"loyd7. sit:o Acting' City Administrator FGB :ps r i Cit, of Huntington Beach Poo. AOx 190 CAL IFORNiA 92 M OFFICE OF THE CITY CLERK Tom & Truskier, Architects 16897 Algonquin Street Huntington Beach, California 92648 Gentlemen: . The City Council fo the City of Huntington Beach at thier June 21, 1976 Council meeting adopted Resolution 4268 approving an amendment to the agreement with your firm for architectural ser,%rices performed st the Warner Fire Station and Huntington Harbour Marine facilities. We are enclosing a certified copy of said Resolution together with an executed copy of the amendment to said agreement, Sincerely your, Alicia M. Wentworth City Clerk AMW:CB: j s Enc. 3 1. 1A� F 1 i.. .' THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B131 Standard Form of Agreement Betw' een Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMF(gT made this 3rd day of April in the year of Nineteen Hundred and Seventy Three BETWEEN the CITY OF HUNTINGTON BEACH, a municipal corporation, here- inafter called the Owner, and TOM & TRUSKIER, Architects , a partnership , of 16897 Algonquin Street , Huntington Beach , California , hereinafter called the Architect. It is the intention of the Owner to construct a fire station and harbor facility on property located at [darner Avenue , east of Pacific Coast Highway and adjacent to the main channel , in the city of Huntington Beach , known as "Warrl.er Fire Station and Huntington Harbour Marine Facility" hereinafter referred to as the Project. The Owner and "the Architect agree as set forth below. AIA DOCUMENT B131 OWNER-ARCHITECT AGREFMEN7 (PERCENTAGE) • APRIL 1970 EDITION - AIA`1 -0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1M NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 � I. THE ARCHITECT shall'provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S BASIC SERVICES, as d-scribed in Paragraph 1.1, Basic Compensation computed at the following percentages of the Construction Cost, as defined in Article 3,xfQrx and Article 14 , f Or portions of the Projec"to be awarded under A Single Stipulated Sum Contract ten per cent ( 10 %) s aYaX aXr ii t: tx � mr:-V:I:XXVkbc X)g5(RePkkXxxx 'x AN INITIAL PAYMENT of One Th .Vs and Five Hun r d dollars (� 1 , 500 ) shall be made upon the execution of this Agreement and -cred�itec�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 rate of Thirty-five dollars ($ 35 . 00 ) per hour. For the purposes of this Agreement, the Principals are: Richard L . Tom and Jan W . Truskier. . Employees' time computed at a multiple of two and one—half ( 2 . 5 ) times the employees' Direct Personnel Expense as defined in Article 4. Additional services of professional consultants engaged for the normal structural, mechanical and electrical engineering services at a multiple of one and ten hundredths ( 1 . 10 ) times the amount billed to the Architect for such additional services. Services of other professional consultants at a multiple of one and ten hundredths ( 1 . 10 ) times the amount billed to the Architect for such services. M N�xa�xffffGh diX�M'l�;�� 010F.�W.rMtIALKX41 �� Tk+X�xXx�Xr AL. �:k 'R (XXXXX `X7 � � a� ° '�: c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article G. AIA DOCUMENT 0131 OWNER-ARCHITECT AGREEMENT (PERCENTAGE) APRIL 1970 EDITION AIA1* O 19:0 • THE AMERICAN INSTITUTE OF ARCI4ITECT5, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 2 5 ,R 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 SERVICES CONSTRUCTION PHASE-ADMINISTRATION BASIC SERVICES OF THE CONSTRUCTION CONTRACT The Architect's Basic Services consist of the five 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate 'phases described below and include normal strut- when the final Certificate for Payment is issued to the tural, mechanical and electrical engineering services. Owner. SCHEMATIC DESIGN PHASE 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 1.1.1 Tile Architect shall consult with the Owner to as- inclusive of the latest edition of AIA Document A201, Gen- certain the requirements of the Project and shall confirm eral Conditions of the Contract for Construction, and the such requirements to the Owner. extent of his duties and responsibilities and the limitations 1.1.2 The Architect shall prepare Schematic Design of his authority as assigned thereunder shall not be rnodi- Studies,consisting of drawings and other documents illus- Pied without his written consent. trating the scale and relationship of Project components 1.1.12 The Architect, as the representative of the Owner for approve) by the Owner. during the Construction Phase, shall advise and consult 1.1.3 The Architect shall submit to tire Owner a State- with the Owner and all of the Owner's instructions to the ment of Probable Construction Cost based on current Contractor shall be issued through the Architect. The area, volume or other unit costs. 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 shall 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 is in preparation or progress. Design Development Documents consisting of drawings 1 1.14 The Architect shall make periodic visits to the and other documents to fix and describe file size and site to familiarise himself generally with the progress and character of the entire Project as to structural, nreciiani- quality of the Work and to determine in general if the and electrical systems, materials and such other essen- Work is proceeding in accordance with the Contract Doc- tials as may be appropriate. uments. On the basis of his on-site observations as an 1.1.5 The Architect shall submit to the Owner a further architect, he shall endeavor to guard the Owner against Statement of Probable Construction Cost. defects and deficiencies in the Work of the Contractor. The Architect shall rot be required to make exhaustive CONSTRUL?ION 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- Bible for construction means, methods, techniques, se- er, Working Drawings and Specifications setting forth in quences or procedure,, or for safety precautions and detail the requirements for the construction of the entire program. 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. ditions 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.I3 The Architect shall assist the Owner in filing the Architect's observations at the site as provided in Sub- required documents far the approval of governmental Paragraph 1.1.14 and on the data comprising the Appli- autharitieshaving jurisdiction over the Project. cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowl- edge, information and belief, the quality of the Work is BIDDING OR NEGOTIATION PHASE in accordance with the Contract Documents (subject to 1.1.9 The Architect, following the Owner's approval of an evaluation of the Work for conformance with the Con- the Construction Documents and of the latest Statement tract Documents upon Substantial Completion, to the re- of Probable Construction Cost, shall assist the Owner in sults of any subsequent tests required by the Contract Doc- AIA DOCUMENT B131 OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIAO © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 3 , 1 40 r ' uments,.to mmordeviations fr6m`lhe Contract Documents shall endeavor to provide further protection for the cbirectable prior,to completion, and to any specific quali- Owner against defects in`the Work, b'ut'the furnishing of ficatioiis stated in the Certificate for Payment); and that such project representation shall not make the Architect tions the;Contractor is'ent tled'to paymen'.in the amount cer- responsible for construction means, methods, techniques, tified. By issuing a Certificate for Payment, the Architect sequences or procedures,or for safety precautions and pro- shalf not:pe�deemed to represent that he has.. made any grams, or for the Contractor's failure to perform the Work examinatiori'to ascertain how and for what purpose the in accordance with the Contract Documents. Con' tractorhas used the moneys paid`on account of the Contract Sum. 1.3 ADDITIONAL IT ' ONAL SERVICES 1.1.16 The Architect shall be, in the first instance, the If any of the following Additional Services are interpreter of the requirements of the Contract Docu- authorized by the Owner, they shall be paid for by i ments and the impartial judge of the performance there- the Owner as hereinbefore provided. under by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con- 1.3.1 Providing spec-al analyses of the Owner's needs, j tractor relating to the execution and progress of the Work and programming the requirements of the Project. and o'n All other matters or questions related thereto. 1.3.2 Providing financial feasibility or other special The Architect's decisions in matters relating to artistic studies. effect shall be final if consistent with the intent of the 1.3.3 Providing planning surveys, site evaluations, or Contract Documents. comparative studies of prospective• sites. 1.1.17 The Architect shall have authority to reject Work 1.3.4 Providing design services relative to future facili- which does not conform to the Contract Documents. ties, systems and equipment which are not intended to be Whenever,in his reasonable opinion,he considers it necds- constructed as part of the Project. sary or advisable to insure the proper implementation of 1.3.5 Providing services to investigate existing condi- the intent o'f the Contract Documents, he will have author- tions or facilities or to make measured drawings thereof, ity_to4 require special inspection or testing of any Work in or to verify the accuracy of drawings or other informa- , accordance with the provisions of the Contract Docu- tion furnished by the Owner. ments whether or not such Work be then fabricated, in- �a 1.3.6 Preparing documents for alternate bids or out-of- stalled or completed, sequence services requested by the Owner. 1.1.18 The Architect shall review and approve shop 1.3.7 Providing Detailed Estimates of Construction Cost drawings, samples, and other submissions of the Contrac- or detailed quantity surveys or inventories of material, for only for conformance with the design concept of the equipment and labor. Project and for compliance with the iniormation given ' in the Contract Documents. 1.3.8 Providing inferior design and other services re- 1.1.19 The Architect shall prepare Change Orders. quired for or in connection with the selection of furniture and furnishings. 1.1.20 The Architect shall conduct inspections to de- 1.3.9 Providing services for planning tenant or rental termine the Dates of Substantial Completion and final spaces. completion, shall receive and review written guarantees 1.3.10 Making major revisions in Drawings, Specifica- and related documents assembled by the Contractor, and tions or other documents when such revisions are incon- shall issue a final Certificate for Payment. sistent with written approvals or instructions previously 1.1.21 The Architect shall not be responsible. for the given and are due to causes beyond the control of the acts or omissions of the Contractor, or any Subcontractors, Architect. or any of the Contractor's or Subcontractors' agents or - employees, or any other persons performing any of the 1.3.11 Preparing; supporting data and other services in E connection with Change Orders if the change in the Basic Work. Compensation resulting from the adjusted Contract Sum is not commensurate «pith the services required of the 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES Architect. i.2.1 If more extensive representation at the site than 1.3.12 Making investigations involving detailed ap- is described under Subpara'&aphs 1.1.10 through 1.1.21 praisals and valuations of existing facilities, and surveys inclusive is required,and if the Owner and Architect agree, or inventories required in connection 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-Time Project Representatives shall be of any Work damaged by fire or other cause during con- selected, employed and directed by the Architect, and the struction, and furnishing professional services of the type Architect shall be compensated therefor as mutually set forth in Paragraph 1.1 as may be required in connection j agreed between 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 1.2.3 The duties, responsibilities and limitations of au- by the default of the Contractor or by major defects in thority of such Full-Time Project Representatives shall be the Work of the Contractor in the performance of the set forth in an"exhibit appended to this Agreement. Construction Contract. 1.2.4 Through the on-site observations by Full-Time Proj- 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 Work made AIA DOCUMENT 0131 OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIAA 4 © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORY. AVE., NAV., %VASHINGTON, D.C. 20006 i r during `the 'construction process,. based on marked=up ascertain how or for what purposes the Contractor has pr nts;drawings and other data furnished by the Contractor used the moneys paid to rim under the Construction "to the Architect. Contract. 1.3.16 Providing extensive assistance in the utilization 17 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,prep operating and furnished at the Owner's expense, and the Architect shall maintenance manuals; training personnel.for operation and be entitled to rely upon the accuracy and completeness maintenance, a`nd consultation during operation. thereof. 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 shall give prompt writ- through no fault'of the Architect. ten notice thereof to the 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 Payment. as expeditiously as necessary for the orderly progress of 1.3.19 Preparing to serve or serving as an expert witness the Work. in connection with any public hearing.arbitration proceed- ing or legal proceeding. 1.3.20 Providing services of professional consultants for ARTICLE 3 other than the normal structural, mechanical and electri- cal engineerii:g servic-s for the Project. CONSTRUCTION COST 1.3.21 Providing any other services not otherwise in- cluded 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 the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be ARTICLE 2 determined as follows, with precedence in the order listed: THE OWNER'S RESPONSIBILITIES 3.1.1 For completed construction, the total cost of all such Work; 2.1 The Owner shall provide full information regarding 3.1.2 For Work not constructed, (1) the lowest bona fide his requirements for the Project. bid received from a qualified bidder for any or all of such 2.2 The Owner shall designate, when necessary, a re Work, or (2) if the Work is not bid, the bona fide nego- p- tiated proposal submitted for any or all of such Work; or resentative authorized to act in his behalf with respect to the Project. The Owner or his representative shall exam- 3.1.3 For Work for which'no such bid or proposal is ine documents submitted by the Architect and shall received, (1) the latest Detailed Estimate of Construction render decisions pertaining thereto promptly, to avoid Cost if one is available, or (2) the latest Statement os unreasonable delay in the progress of the Architect's work. Probable Construction Cost. 2.3 The Owner shall furnish a certified land survey 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, the cost of the land, pavements and adjoining property; rights-of-way, restric- rights-of-way, or other costs which are the responsibility tions, easements,encroachments, zoning, deed restrictions, of the Owner as provided in Paragraphs 2.3 through 2.6 bourdaries and contours of the site; locations, dimensions inclusive. and complete data pertaining to existing buildings, other 3.3 Labor furnished by the Owner for the Project shall improvements,and trees; and full information concerning be included in the Construction frost at current market available service and utility lines both public and private, rates including a reasonable allowance for overhead and above and below grade,including inverts and depths. profit. Materials and equipment furnished by the Owner 2.4 The Owner shall furnish the services of a soils engi- shall be included at current market prices, except that neer'or other consultant when such services are deemed used materials and equipment shall be included as if pur- necessary by the Architect, including reports, test borings, chased new for the Project. test pits, soil bearing values, percolation tests, air and 14 Statements of Probable Construction Cost and De- water pollution tests, ground corrosion and resistivity tests tailed Cost Estimates prepared by the Architect represent and other necessary operations for determining subsoil, his best judgment 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 Cv ner 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 law or the Contract Documents. petitive bidding or market conditions. Accordingly, the 2.6 The Owner shall furnish such legal, accounting, and Architect cannot.and,does not guarantee that bids will not insurance counselling services as may be necessary for the vary from any Statement of Probable Construction Cost Project, and such auditing services as he may require to or other cost estimate prepared by_ him. AIA .DOCUMENT 0131 - OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIA° m 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2VtO6 5 � ti. , r r 3.5 When a fixed limit of Construction Cost is estab- 5.1.2 Expense of reproductions, postage and handling lihed as'a :condition of this Agreement, it shall include a of Drawings and Specifications excluding duplicate sets bidding"contingency.of ten percent)unless another amount at the completion of each Phase for the Owner's review is agreed upon in writing. Ashen such a fixed limit is estab- and approval. lished,'the Architect shall be, permitted to determine what 5,1,3 If authorized in advance by the Owner, expense materials,, equipment, component systems and types of of overtime work requiring higher than regular rates and Construction are to be included in the Contract Docu- expense of renderings or models for the Owner's use. ments, and to make reasonable adjustments in the scope .1,4 Expense of computer time when used in connec- of the Project to bring it within the fixed limit. The Archi- tion with Additional Services. tect may also include in the.Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. 35.1 If the lowest bona fide bid or negotiated pro- ARTICLE 6 poses, "the Detailed Cost Estimate or the Statement of __... — Probable Construction Cost exceeds such fixed limit of Construction Cost (including the bidding contingency) PAYMENTS TO THE ARCHITECT established as a .condition of this Agreement, the Owner shall (1) give written approval'of an increase in such fixed 6.1 Payments on account of the Architect's Basic Serv- limit, (2) authorize rebidding the Project within a reason- ices shall be made as follows: able time, or (3) cooperate in revising the Project scope 6.1.1 An initial payment as set forth in Paragraph IIa and quality as required to reduce the Probable Construc- (Page 21) is the minimum payment under this Agreement. tion Cost. In the case of (3) the Architect, without addi- 6.1,2 Subsequent payments for Basic Services shall be tional charge, shall modify the Drawings and Specifications made monthly in proportion to services performed so as necessary to bring the Construction Cost within the that the compensation at the completion of each Phase fixed limit. The providing of such service shall be the shall equal the following percentages of the total Basic limit of the Architect's responsibility in this regard, and Compensation: Having done so, the Architect shall be entitled to compen- satiun in accordance with this Agreement. Schematic Design Phase . . . . . . . . 15% Design Development Phase . . . . . . 35% Construction Documents Phase . . . . 75% Bidding or Negotiation Phase . . . . . 80% ARTICLE 4 Construction Phase . . . . . . . . . . . . . . 100% 6.2 Payments for Additional Services of the Architect as defined in Paragraph 1.3, and for Reimbursable Expenses DIRECT PERSONNEL EXPENSE ( as defined in Article 5, shall be made monthly upon t 4.1 Direct Personnel Expense of employees engaged on presentation of the Architect's statement of services ren- dered. � the Project by the Architect includes architects, engineers, 6.3 de Na deductions shall be made from the Architect's designers, jab captains, draftsman, specification writers compensation on account of penalty, liquidated dem- and typists, in consultation, research and design, in pro- ages, or other sums withheld from payments t� cor►- ducing Drawings, Specifications and rather documents per- tractors. taining to the Project, and in services during construction at the site. 6.4 If the Project is suspended foi more than three months or abandoned in whale or in part, the Architect 4.2 Direct Personnel Expense includes cost of salaries shall be paid his compensation for services performed and of mandatory and customary benefits such as statu- prior to receipt of written notice from the Owner of such tory employee benefits, insurance, sick leave, holidays suspension or abandonment, together with Reimbursable and vacations, pensions and similar benefits. Expenses then due and all terminal expenses resulting t from such suspension or abandonment, if the Project is resumed after being suspended for more than three ARTICLE 5 months, the Architect's compensation shall be subject to renegotiation. 6.5 Payments due the Architect under this Agreement. REIMBURSABLE EXPENSES shall bear interest at the legal rate commencing sixty days after the date of billing. 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, ARTICLE 7 or his professional consultants in the interest of the Proj- ect for the expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation and living when travel- ARCHITECT'S ACCOUNTING RECORDS ing in connection with the Project; long distance calls Records of the Architect's Direct Personnel, Consultant and telegrams;- and fees paid for securing ,approval of and Reimbursable Expenses pertaf.ning to the Project authorities having jurisdiction over the Project. shall be kept on a generally recognized accounting basis AIA DOCUMENT 0131 - OWNER-ARCHITECT AGREEMENT (PERCENTAGE) - APRIL 1970 EDITION - AIAa 6 © 1970 , THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 I and shall be available to the Owner or his authorized ARTICLE 11 representative at mutually convenient times. ARBITRATION ,,7sa 11.1 All claims, disputes and other matters in question ARTICLE a arising out of, or relating. to, this Agreement or the breach thereof shall be decided by arbitration in accord- TERMINATION OF AGREEMENT ante with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining un- less the parties mutually agree otherwise. This agreement This Agreement may be terminated by either party upon to arbitrate shall be specifically enforceable under the seven days' written notice should the other party fail prevailing arbitration law. substantially to perform in accordance with its terms 11.2 Notice of the demand for arbitration shall be filed through no fault of the other. In the event of termination in writing with the other party to this Agreement and due to the vault of others than the Architect, the Arcfti- with the American Arbitration Association. The demand tect shall fie paid his, compensation for services per- shall be made within a reasonable time after the claim, farmed to term ination""date, including Reimbursable Ex- dispute or other matter in question has arisen. In no penses then due and all terminal expenses. event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 9 11.3 The award rendered by the arbitrators shall be final, OWNERSHIP OF DOCUMENTS and judgment may be entered upon it it. accordance with applicable law in any court having jurisdiction thereof. Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether AV.TICLE 12 i the Project for which they are made is executed or not. They are not to be used by the Owner on other projects EXTk;' OF AGREEMENT or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or ARTICLE 10 agreements, either written or oral. This Agreement may be amended only by written instrument signed by both SUCCESSORS AND ASSIGNS Owner and Architect. The Owner and the Architect each binds himse;f, his FA , partners, successors, assigns and legal representatives to the other party to ,this Agreement and to the partners, successors, assigns and legal representatives of such other � � � party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the {r�,tttlt �QjkiJ�r written consent of the other. tkk�!K ARTICLE 13 APPLICABLE LAW This agreement shall be governed by the lags Ln force in the City of Huntington Beach , County of Orange , State of California . In the event of any conflict between any part of this agreement and any law in force in said city , county anti stare , such law shall supersede this agreement to such extent . Without limiting the generality of the foregoing, in the event the construction contract goes to public bid , the law regulating public bid procedures shall supersede 2N;y inconsistent parts of this agreement . AIA DOCUMENT 0131 OWNER-ARCHITECT AGRELMENT (PERCENTAGE) - APRIL 1970 EDITION • HIAA 01970• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 7 . r i l ATTACHMENT TO AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 14 PROJECT The following Architect design services shall be part of this contract but not limited to : a . site development . b . exterior lighting . c . paving . d . property line walls . e . review and coordinate landscaping . f , review and coordinate sprinkler system . The following shall be specifically excluded from this contract : a . dredging . b , bulkheading. C . launch ramps . d . docks . e . landscaping . f , sprinkler system . g. signs , including t ( 1 ) center identification . ( 2 ) building identification . ( 3 ) general interior signing . ( 4 ) general exterior signing . ARTICLE 15 s PROJECT BUDGET A . A fixed limit of Construction Cost of Two Hundred Fifty Thousand Dollars ( $250, 000) is hereby established as a con- dition of this Agreement in accordance with Article 3 of this Agreement . ` B . The size of the Project and the type and quality of construction are dependent upon the funds available for the Project . The Architect will exercise his best judg- ment in determining the balance between the size of the Project , the type of construction, and the quality of construction to achieve a satisfactory solution within budget limitations . ATTACHMENT Page 1 of 2 . r r v ARTICLE 16 ADDITIONAL SERVICES As a specific procedure for handling Additional Services of the Architect outlined in article 1 . 3 the following will apply : If Additional Services of the Architect , as set forth in Article 1 . 3 , are requested or required, the Architect will promptly present to the Owner for signature an Extra Services Order and a related letter of Agreement covering such Addi- tional Services . These documents will define the scope of the Additional Services , refer to the means by which the request or requirement to perform them became known, and state the reason( s ) why they are considered as Additional Services . Upon signature by the Owner, these documents will form a supplementary Agreement for the performance of the work covered, and the Architect will then be authorized to proceed with the work in accordance with the terms therLof . r THIS AGREEMENT consisting of pages 1 - 7 inclusive, and the attachment pages 1 through 2 inclusive ( commencing on the bottom of page 7 of the Agreement ) has been approved by : CITY OF HUNTINGTON BEACH a municipal corporation By { Mayor ATTEST : APPROVED AS TO FORM: t� `7K I Z 7 . w • r A. +. Act1.n City Clerk TC_ Crty Atou Ume �v TOM & TRUSKIER, Architects ' a partner i By-' ATTACHMENT Page 2 of 2 . , i i. RESOLUTION NO. 4268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO AGREEMENT WITH TOM . & TRUSKIER, ARCHITECTS , FOR ARCHITECTURAL SERVICES PERFORMED AT THE WARNER FIRE STATION AND HUNTINGTON HARBOUR MARINE FACILITY , AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAME WHEREAS , the City entered into an agreement with Tom & Truskier , Architects , on April 3 , 1973 for the performance of architectural services at the Warner Fire Station and Huntington Harbour Marine Facility ; and The parties desire to amend tLis agreement to reflect the cost increases in the project which have occurred since signing of the original agreement , NOW: THEREFORE , BE IT RESOLVED., by the City Council of the City of Huntington Beach that the amendment to said agreement is hereby approved and the Mayor and City Clerk are authorized to execute the amendment agreement attached hereto . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of June , 1976 . vu ATTEST : Mayor f /I • City Clerk APPROVED AS TO CONT' . ` . APPROVED AS TO FORM : f. Actl g City Administrator `-� Ci l ttorney APPROVED , INITIATING DEPARTMENT : 140 FISCAL. IMPACT ,w....... --•'7: FISCAL eMPACT -• BUDGETED_ -2� FISCAL IMPACT NOT BUDGETED JOC : er REQUIRES FINIANCIAL IMPACT REPORT... 1 �. No. 426t3 S'llkh* OF CALIFARNTA ) caitr 7 OF ORANGE CITY OF HUNT INGTON BEACH 1 , 'ALICIA M. WERMORTH, the duly elected, qualified City Clerk of the City 'of Huntington Bench, and ex-o'fficio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof geld on the 21 day of dung , 19._76 by the following vote: . .w AYES : Councilmen: Bartlett , Pattinson Gibbs. Siebert , ShC__kman....XJedP_r.__ NOES: Councilmen : None ABSENT : Councilmen: Coen • City Cleric and ex-officio Clerk of the City Council of the City of Huntington Beach, California M i� /y { ll if r� ;i Ci ty of Huntington Beach 6th 4k Orange Streets Huntington Beach ,Cal i.f . 92646 r,• ATTENTION : M PAUL JONES Ik '1ra131l11 1 r r . 1 Mt N ll L'U11PU11f171+JU -•`1..I�J 1017 N.LA CIENEGA BLYU, LOS ANOCLC3 90069 CALIF. ZVI t. 10� /f JJ : 1 Al April 59 1975 s , � • 1 Tom and Truskier, architects t. 1665 Mast Hatel.l.e Avenue � t Anaheim, California ! Attention: Mr,, Richard Tom, A* 1.A, Gentlemen: }� The City Council of Hunti.n ton Beach, at its regularg meeting held Monday April 2, 1973, approved the agreement with our film for preparation of plans in connection , Y F p with the construcC4.on of a fire station and harbor 11,4 facil.it* on property located at Warner Avenue, east of ' Pacific Coast . Highway and adjacent to the main r.hannel, v f.twarner Fire Station and Huntington Harbour 14arine Facility. t� Enclosed is a 'dul.y executad copy of the agreement for your ' files . sincerely yourss ''- Ernestine Hi Fabio Acting City Clerk , EDiew FTC. 4 Farch 26 , 1973 To : City Council From : City Attorney Subject : Fire Station and Marine Facility Contract The attached contract yor the 4-4n- of the Warner Fire Station and Huntington Harbour Marine Facility provides for a fixed limit of construction cos i of $250 ,000 . 00 . The architect ' s fee is 10% of the construction cost . This office approves said contract as to form and legality and herewith transmits same for Council approval . Respectfully submitted , DON P . BONFA City Attorney DPB :_JIT : er J Attachment fw Huntington Beach Design, Win Board P.O. BOX 19(. CALIFORNIA.92648 December 18 , 1972 •` � 1 .. :� -, ._ ._.. -.---._..__ ji .._..... .........TO : HONORABLE -MAYOR AND CITY COUNCILFROM: Design Review Board �!`1'k' ���-i RE : Reselection of Architect Warner-Pacific Coast Highway Fire and Marine Facility ATTN: David Rowlands , City Administrator Paul Jones , City Clerk Presentation . to be coordinated by the Department of Harbors and Beaches and the Fire Department . At its regular meeting of December 6 , 1972 , the Design Review Board approved the selection of the architectural firm of Tom and Truskier . The following matters were discussed 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 , 1972 , outlining the reasons for selecting another architect for the harbor facility. 2 . No other architectural firms were considered by this Board . r.. The Design Review Board recommends approval by your Honorable Body. Respectfully submitted , ADave—la ie , Deputy SecreEary sep L. A an C ai �tnz an Encl : Picard/Moorhouse memo D l�1 GLu CITY E)1 11WR I INGTON t CITY OF HUNTINGTON BEACH INTER-DEPARTMENT CO ' MUNICATIaN i To Bob Vasquez, 5e�e:rc:�rar}r - From IZ . C. Picard, I; ire Chief Design Revievi, Board, Planning Dept. V. Moorhouse, Director of 1-1 a rbors a nd Bea ches Subject Wra ner I�ire Station and Harbors Date October 27, 1972 and Beaches Harbor Faciliry Mr. Castle, Vince M001-11ousc: and myself have been negotiating with Mr. Uuyd Laity, Vice PreSident of Parkin Architectural firm on a suitable contract for the Warner I-ire Station and Har-bors and Beacllc�s 17, acilit:y. Becau e of the firms travel distance to the site, and tile; temporary nature of the facility, contract negotiations have bogged down on schematic design 'architectural costs . It is the conclusion of both the architect and the staff that a small office-local architect would .be more suitable for the proje�•rL The .staff feels that we need to secure an architect who is familiar with the, a"rea, type of construction, have ,.in office, tbat is relatively.close 'to the .site aril is located near our offices. The' project is complex and wilt require: cunsidcrable discussion. The staff respectfully reclucsts we. terminate our'selEction of Parkin as { the architect and secure the. sCIIrvices of Dick Tom . We have reviewed the backgroundof the newly suggested- architect and find his reputation and capabilities to lx- suitable in all respects. Also. we have conducted preliminary contract terms with him and find them to' be most acceptable. Therefore we request permission to proceed in securing the services of .Dick Tom , Architect. Vince Moorhouse and r will be :available at your next board meeting to discuss the project. RECEIVED RCP:v cc: 13. Castle 0 G T 2 7 1972 V . Moorho use PLANNING DEPT. rIn ``,l t 213 874-7686 :' . .. . 874-7688 January 2 , 1973 4, City of Huntington Beach .Ath and Orange Streets Huntington Beach , California 92646 Attention ., Mr . Paul Jones Re : Fire Station & Life Guard Headquarters Huntington Beach . Gentlemen : We would appreciate having an opportunity to '} bid on the above project . F We are a General Contractor , fully bonded , ' working throughout the Los Angeles and Orange County areas . ' Our ex erience in commercial construction and fast completion of the project would prove to bebeneficial to- you . Please advise when the working drawings will be released for bids . Very truly yours , UNITED CALIFORNIA BUILDERS LICENSE NO. 242145 Peter To hia MIMI P,ESIDEtJ71A� t� VD111P j 3t1 r��ta pI1itnttt a 7805 SUNSET BLVD. a SUITE 22 °n LOS ANGELES' CALIFORNIA 90046 1 (°s�esl completion t t`