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Senior Citizens Recreation Center - Orange and 17th Sts - A
!L Tit! 'SWUL-S, Year -Yea I r � . Subject ff .�, �� ' ■Il�:u �� :W�W1M lei L r6lM, 1I �� ■ File rronn-[-- • � . - Subject Al NOI 1 - ' %►�Jr'� �' _ ISO WON iT� ■'�!1:�=51��.-fir"■ • Imo . �. . MWA �.� IfIffro"eta EZRA Vim. COON ,% '� ter.. /. �.•1.1LjJ �_ ' �!__ i .. • ,.! , yam! ..� �:�i �'. I✓� ./.. .�;� 111�i� �' OFFICE MEMORANDUM To Steve Kohler Date 7/31/80 From Office of the City Attorney In Re Your request, dated 7/28/80 , for re-review of agreements for architectural services between city & Kamnitzer, Cotton, & Vreeland has been assigned to staff attorney Charles Matheis Please communicate with him direct . DPB:ahb thank you! I Southern California Regional Office t UY FEB-4 82 P. 0. Box 1018 y y / !s 4 h C Norwalk, California 90650 THE HAR 1 FORD G�FOR$$'$ r� M E f E R G U cq��� PB.�5o39� LOSS PAYEE'S COPY Rom` ttep Notice of Cancelation THE HARTFORD The below nu bered policy, issued to the Named Insured by the Company or Companies named herein, is canceled as of the Effective Date of Cancelation st ted below. No endorsement or continuation certificate and no act of the Company(ies), the Named Insured or any agent of either shall extend this policy to apply after said Date unless this cancelation is specifically rescinded by the Company(ies) and the policy is thereby specifically reinstated. t + Named Insured and Address Pr5`�' 47w Kamnitzer Cotton & Vreeland a Partnership 6330 W San Vicente Ia Angeles Ca. g 8 Name and Address of Loss Payee, if any 1-72WJ 401247W � City of Huntington: Beach Senior Comnunity Developer Specialist P0 Box 190 Huntington Beach Co g2648 IL(Attn:Stephan Kohler} J EFFECTIVE DATE OF CANCELATION: (At the address of the Named Insured as stated in the policy) 2/17/82 12:01 A.M .Standard Time Company(ies) Hartford Accident & Indemnity Co Any return premium due under this policy, if not tendered herewith, will be returned upon demand. (KANSAS: The words "upon demand" are deleted.) Date Authorized Signature 2/4/82 F Producer's Name and Address Assoc.Admin & Consultants Inc 180254 eb L J Form G-2299-4 LP Printed in U.S.A. i ®, iTY OF HUNTINGTON BEACH ff 2000 MAIN STREET CALIFORNIA 92648 P. O. Box 190 HOUSING AND COMMUNITY DEVELOPMENT December 7, 1981 Mr. John 0. Cotton Kamnitzer, Cotton, Vreeland 6330 W. San Vicente Boulevard Los Angeles, California 90048 Attention: Carol Garvey SUBJECT: SENIOR CITIZENS' RECREATION CENTER JOB NUMBER 1208 Dear John: Enclosed please find one copy of the progress payment.authorization regarding the subject contract. You will note that the amount authorized is minus the ten per- cent termination expense. This is because the City does not wish to terminate the contract with your firm for these services at this time. The staff is currently pui^suing the relocation of this facility to a new site adjacent to the Huntington Beach Civic Center. In the event that the construction of this facility at such a site is approved, leaving the current contract with your firm open will expedite the commencement of working drawings on this facility. If authorization to proceed with the construction of a Senior Citizens' Recrea- tion Center on an alternate site is not achieved within 90 days. of this date, we will proceed with the processing of the termination expense portion of the invoice. You will recall , John, that we discussed this strategy when I visited your office on November 12, 1981. Our check for the amount of payment for work performed to date will be forwarded under separate cover. I hope that this arrangement will be satisfactory to you. If you should have any further questions, please do not hesitate to contact me at the number below. ru y�bj rs, Stephen V. Koh er Senior Community D elopment Specialist SVK:jb enclosure Telephone (714) 536-5542 Frank B. Arguello, Chief Administrative Services Finance Department City of Huntington Beach. Subject: P.O. 34066 Dear Mr. Arguello: Transmitted herewith is an invoice and request for progress payment No. 3 from Kafmitie_r, CAttan, Yr.gpland 6330 San Vicente Boulevard♦,In-, Anaelpc. falifnrnia qnnAR for work performed on the subject contract, Architectural service: for Huntington Seavifw_ The' contract sumry, to date, is as follows: PROGRESS ESTIMATE NO. 3_ DATED October 21, _1981 Total Contract Price $ 33.333-00 Total amount previously paid 5 Q00.00 Current funds available 28,333.00 Total amount earned' 17,258.23 Balance remaining in account $ ,11.014.77 after this payment It is recn ended that the request be approved and the Finace Department instructed to prepare a check in the amount of $ 11.23g,23 . Very truly yours, J ` Tom Tincher, Director Business and Industrial Enterprise TT:SVK:jb nv�lr Iv: I j!ir :p - KAMNITZER, COTTON & VREELAND 11201 LVD., LOS ANGELES,CA 900644/479-6592 6 330 SAN V I CENTE BLVD. 5657 WILSHIRE BLVD, LOS ANGELES,CA�90036/931-1441 LOS ANGELES, CA 90048 t ORDERED BY: (9f DATE: IJECT NAME: TJO8 NO. ^� P. O. NO. - TIME JOB REQUIRED ORDE Ni. 'IT USE: i DELIvE WAIT IIIE1 MBU,RSABLE INVOICE a �� �,i ON-REIMBURSABLE 1 Lv, IOKR NUMBER P RINTS PRO EACH J �P BLUE BLACK SEPIA XEROX TOTAL p, Z RIOT IN�IT�x7 ND, a m reels Pit, AMOUNT INAL LINK LINE TRANS BOND VKLL. OTHER PRINTn DE$CI�IPTION OF ORIGINALS x 4 5 7, ;w FINIS 77 'AUTO- NEGATIVE CONT. PROJ. PRINT & 1 I�E R W POS. SIZE PRINTS PRINTS %IZK DESCRIPTION OF ORIGINALS INAL yf 0 Z *06 VT SPECIFICATIONS:PLEASE CHECKCLEAR R DRY EADING ❑ READ NO ❑ MURAL❑ KPS ❑ KCS ❑ K.T. ❑ MYLARPF❑ MYLAR ❑ MYLAR ❑ MOUNT {' F _0 4 it r� COLLATE ❑STAPLE ❑PUNCN ❑CUT ❑POLO -]PAD ❑GBC , V t.. ... EER NYMRER WT. SIDKE Y 11 . COLOR COLOR r or SIZE III III TYPE PAPER pp ..I.. COPIES 1 = F- Z PAPER PAPER INK �fi y :.{.� Y} 'E`",b 1L INSTRUCTIONS: J +' ML, O'B Tmini i SOLD TO: BlairGraphics KAN1N I "L -', COTTON VREELAND 6330 SAN VICENTE BLVD. 11201 W.PICO BLVD., LOS ANGELES,CA 90064/479-6592 LOS ANGELES, CA 90048 3859-WFt:Sti .. - i4GEL�S;CA�90036/931=1441 _.�_- - _. ORDERED BY: DATE: wage =T NAME: JO P. O. NO. TIME JOB REQUIRED ORDER NO. )SE. REIMBURSABLE DELIVER WAIT T INVOICE NO. ❑NON-REIMBURSABLE `• Z NUMBER OF PRINTS FROM KACH k BLUE BLACK SEPIA XEROX TOTAL L ( Z � � AMOUNT OTHER DESCRIPTION OF ORIGINALS I.. LINK LINK TRANS BOND VKLL. PRINTS N �! d R PINISMt•*. 4 off W AUTO- NEGATIVE CONT. PROD. PRINT „ �*,I Pos. sl:e PRINTS PRINTS SIZE ATT Loss DESCRIPTION OF ORIGINALS }� is U n Lfi ' pi, .9a�`w�' 9 Z ` R Yyvl'a gk�SY Lam' -I{.�+� J #} � "-0 7 �D z . � WECIFICATION S: PLEASE CHECK :HT RHVBRSB PLST. WASHOPF MATTE CLEAR DRY AD[ ❑ RK ADING ❑ MURAL❑ KPS ❑ KCS ❑ K.T. ❑ MYLAR ❑ MYLAR ❑ MYLAR ❑ MOUNT ,' ��,� Ai LLATE ❑STAPLE ❑PUN«CH ❑CUT ❑FOLD ❑PAD ❑GBC , A 2{ - � I NUMBER e1D68 or 1 Z SIZE F m PAwT.E COLOR TYPE PAPER COLOR # k`.,I *+ l COPIES = PR PAPER INK r:, it}ip xA �' „t�'F� l. 777T NSTRUCTIONS: } ` Y - 1 z a„ r Graphics { 11201 W.PICO BLVD.,LQ$ANGELE$r'CA,9Q064/479.6692 t �1, a µ �' E667 WIL�SMIRE BLED. LOS'ANGSLES �90038/Q31-144) ?, t ' RMS 1},> ORDERED BY PATE QJ6CT NAM yr JOB 'I; F•'1�l Np �:,1; It E JOB I�Rij U1�6t�'QRR6i1 t f� fr '• S y�� {. patuvKR w r ` N. p .; �. .� QREIMBURSABLE +•' t 0 NON-REIMBURSABLE �+ r y� NBRq NUMRKR OP PRINT* FROM KACN, i J p OF ■LNK ■LACK SUPIA �(EROx TOTAL Z AeI IQVNT sINAL LINR LINK TgANt IIONq" vtILL OT"ERl,1 �iii/+Tf pS8CRIPTIONOPQRIGINALS B �R !, ,j r%• T f t �• •S' a, .' is Mf1iR FINISH Rf, .I r,v Tv{+ AUTO-' NtGATIV� COWL PROA. 'FR NT' ATT ygss -DB$CRIPTIQN OF ORIG,INAhR � Sd' a NA ►o*. flag PRINT* FRINTf Islas * j r�k r. �., {A IRT SPECIFI ATIONBt PLEASE CHECK RIGHTRKVKRBK > PLST. WASHO ,i 1 1 x sx riirj 5� �-7 MURAL CPS KC'*' FF t YATT CLEAR 11��11 ppqqY b +L r�s� ,,, J IIKwpINa 'a{RiAQINO ❑ .. .. ❑ ❑ ❑Q.T. •.❑MYLAR MYLAR ❑MYLAIt L1 MOU14T �,CQLLATI '.�IiT�►PLE FUNCH• ❑GUT'. ❑FOLD,. *--- �' PAa Q�iB, .._...._ raj� MfRR; nYY■fR. fIDKf ' -- >< D ' OF on SIZE m K 1T coLow �' + TYPE PAPER �aoLgR'' t $ -!1 ANAL* conA* ` _ } .i: Py►KR PAF4B '-k f Aid , L tRIBTR C'TIONils' �,• } � e l � U A� 2 ��� {�„p��' F •'t r .f,-? �"' >, 1, , t -�s�IrFJ 1 t t I• ' 1 , .{,4..1 Y�''1 •�i l., � ..�.1, L ) 1..0'1Y Y '�.� 1 { 1". t .•{ �1 F 4 77 r ''b, 6 :•• •,.1. t. .t rt., '. .. ,,', `'2 .a� z ¢Z+ $Q�.(�t TO 1.:+�,y,�,c'e�14's'' ::w!1 i£'� t 'i', �_• 1 t. } , t`. r W G r� a 4 t1?�1 yu;PICo a4yo w,os AwGEL sa A 4�.`/,478-¢692 r --o-. 571fyILSNIRE BLVD..LAS gNGELES Cti/11036/t931 f441 Ir ` 'r I• a k' ORDERED 6Y, r, DATE. Mf JOB NQ. P R• NO ' TIM13 jOD REQUIRED ORDER Q• Tt + BIMBURSABL6, ? gRLiv w1T ( y 1 .,` >y �'t'i ,r.! i• w i '+'` Q'910N-R611.1tl1U1¢6ABL!.,t';.,,,A? s ••'}, :.I gUMR. R OF PRINTS FROM-SACK J Rws BLACK''fq/Iw XEROX rorwL' r '� A MQUN'� OTHER NO.- QESCR WTION OF QRIGINALS 1 B s a Nor A j 4 iIOND YPLL PRINT* N o 1 - .- -.•.r 3 .- 1 ,- t _ i ' 'Nr+ ny$, INAL LINK LINK TRANS r, 777-7 )rJ' AUTO- NKOA7IVR CO�1'f. PNOJ TRINT4. - 4 Y - •• ; VT DI wrr pae DESCRIPTION OF ORIGINALq { 5 FAf• f 1i* PAINT* PRINTS. p111R ti{ �Mxl a:gNAL I , fiR .r ~ r r V - , 1 �W f NT'$PBCI,f;(CATIONS..PLEASE;CHI(tSK... •DRY 'ttyr{,,tarjlil RIaMT REVKRsE �{ MURAL1-1 KP6 KC*. PLST' WASMOPR MATTE CLEAR ❑ MOUNT `�' 1 Iy RRADINO �,J RiAO1Nq LJ LJ ❑' CI K.T. ❑ MYLAR �)MY_LAR ©.MYLAR 11 Q 1 F s� p ,c �OLLAT6 '❑FTAPLE_ prP4,N ❑CUT ❑F.OLD OPAD ❑GBC a fRi Rf' NYNRA�1 6 Y O COLOR SI.ZA t .� K rr COLOR TYREPAPE€2 Ilp },i' GOPIAf ' 7G /APRR ►w►KR yNn usa6 C y , 7. ,AL IN gTtIY�C•'TIO�iB; - '' rtu• 1 � 1 ' ° § ' �Fj+a t,419 r aYx �'n;,, .t.' �„` �.y,,.- ` . r I { 1 'r'P-•n11 T4rt e�`vr m� on ye: +k ' Rill RQR aRt,lLN rgSSOCIATES,INC. 777 ' QJECT`NAME i*' .�MS' :: DATE 'ROJECT NUMBER '' - ORDERED BY +' NO.OF TYPE STAPLE M. DESCRIPTION OF ORIGINALS No.of PRINTS TOTAL PRINT TOTAL AMOUNT ORIGS. PRINTS SIZE SD FT,' EA. BLUES BLACK TRANS. MYLAR BIND NON R. 81 '1 L yti s t H f t PECIAL INSTRUCTIONS' COORDINATORS APPROVAL SUBTOTAL ,... SALES TAX' fN TOTAL . Amin�Ir n, F ,N 71,71 16, U ./ SOCIATES,INC. lECT NAMES DATE OJECT.NUMBER - C�.�q �i �%, — ' ORDERED BY NO.OF TYPE STAPLE x DESCRIPTION OF ORIGINALS NO. TOTAL PRINT, TOTAL AMOUNT ;•,, ORIGS. PRINTS PRINTS "" SIZE- SQ.FT. -'1 EA. BLUE'•* BLACK TRANS. MYLAR BIND NON R. .` r 777 : ' COORDINATORS APPROVAL SUBTOTAL SALES TAX TOTAL R ,> ,, ,. :;._ .. r y'kY• , 1 f:�, ry��/'F� txlllih:* F'.V, +, !�°$�"'', s �'�� �Sf;.;t�°y�t� ' ,tw� y,�R 7 �� n.,' � m-.�, { iti.^�.9. =7, a 1 .'�t�- �'��}f1( •� �9'� ..aP�a'°'. �'$ �.,,'�#�]'€+� ,-. r" k �. � S B Rl NT DER R SRUE 5vSQC1ATES,INc. } 1 t 'ROIECT NAME DATE ' 'ROIECT N MBER "7 .o.` ORDERED BY "' c NO. NO.OF TOTAL TYPE : STAPLE REIM.' RINT TOTAL AMOUNT DESCRIPTION OF ORIG INALS PRINTs. .� ORIGS. PRINTS SIZE $9,FT. �:' EA BLUE BLACK TRANS, MYLAR BIND NON R, {`. 47 PECIAL INSTRUCTIONS COORDINATORS APPROVAL SUBTOTAL ; -SALES TAX f, M TOTAL 7t � ' s7w IN, Rl NT."' ORDER RUEN A .olATES,INC.`, fn !O1ECT NAME DATE 'OJEC,T NUMBER 2 060"All ORDERED BY V NO.OF TYPE STAPLE EIM, ' DESCRIPTION OF. ORIGINALS: No.of PRINTS TOTAL PRINT :TOTAL AMOUNT i' OR.IGS. PRINTS SIZE SQ.FT.' EA. BLUE BLACK TRANS. MYLAR BIND NON R. 't rCIAL;INSTRUCTIONS - COORDINATORS APPROVAL SUBTOTAL : ,1 ., SALES.TAX.. K TOTAL ?'. . -'ORDER . JLW , OCIATES,INC. IECTAAME i f IECT NUMBER �» ORDERED , N .Of O.OF TOTAL TYPE STAPLE M. DESCRIPTION OF ORIGINALS PRINT TOTAL; AMOUNT .' ORIGS. PRINTS PRINTS fi ZE SQ '.. EA. BLUE BLACK TRANS. MYLAR BIND NO R. ' 1 BtUtl'"P' RNT R Q�tIIEN AS$OCIATES;INC, ° PROJECT NAME � ' ,r ,DATE PROJECT NUMBER E,� ORDERED BY Y ND.OF TYPE STAPLE M, ND.OF TOTAL PRINT TOTAL DESCRIPTION OF ORIGINALS. PRINTS I AMOUNT DRIG$, PRINTS $I�TE• $Q.FT EA BLUE BLACK TRANS. M1(LAR ` BIND NON R. r E .... .. .. -47 SPECIAL INSTRUCTIONS 'COORDINATORS APPROVAL `. SUDTQTAL ,r SALES TAX - -. • • : ', t _ r KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,California 90048 Telephone(213)937-3994 22 October, 1981 Architecture and Planning Mr. Stephen V. Kohler Sr. Community Development Specialist City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: New Senior Citizens' Recreation Center Dear Stephen: In response to your letter of September 14, 1981 on the subject matter, we are pleased to transmit to you the "stepping stones" of the work performed on this project. It goes without saying that we refrained from printing the numerous sketches that proceeded every stage of the design - should you wish to look into them, please let us know. Some of the work is colored up and it would be more expensive to reproduce. We will send you, by separate mail,a number of color xerox prints of the study model slides. In addition we are enclosing copies of memos and correspondence substan- tiating the program and budget changes as well as the extensive design process that led to the proposed ammendment to the original contract. It is our understanding that the first payments ($5,000.) apply to the original scheme with 10,000 sq.ft. of enclosed space, while we are basing our calculations for the enclosed final bill on the ammended contract dated 6/29/81 for the revised 12,500 sq.ft. facility. We hope this material will help you to resolve all issues properly and to "bury" the project with "style". Should the City decide to build a similar facility on a different site, we would certainly like to submit a proposal for architectural services. In the meantime we express our appreciation in working with you, the City, and its Agencies. 1 cer ly J hn 0. Cotton, AIA nclosure Peter Kamnitzer,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects Y ' t'" yf SF�L• 8 '� �w �y.t ��. y (ry� ���6`Nf a"� •.� 3¢N;rY �'S���ik a �. •x" 1• �I kTyh." p. �. �e2�JFr � wE 5 i r kt Ml 1 1 i �� # t r•c rye 7'r��.w�....rf:° "a. 3 rs 4� ^}{� f s y � a';P s h r k 77 A rt( .J w `JJ.w"•^ r p`fi ' `��'., d �t�f �' ` $ 7 r 'kt��' s a I t xyk m 7- t 1 d 7 Lg r :' �� �`":2' � �r•0v"r' ,� Y 3 �H F; `�'�1.�� £t• x"���k "i�` kr �� f x � 1 yy 2 •+ A 7 y z'i � �' wY� V 3,,� 'LF 'k ,{`,�`!;�fits r tas,t.i,=y��.^} Fd"�k,�°4 � ":S• i,,�''!`�Kt< �v a { s� 5i Q1 If d Yf f sP f' s )4. F t p v l ti R 1 1fAr r t'" 3'�t'sry�+�yt ��A r v�p ' {�; wAq �''�'.��'is'� OM #r �' ^�J' ,.;.rr M"x � a J k�'"�k �2jR�#t�i=r.-.�f�'S t .e'� �*^���gat�.#� a # �� �>r �.•� ,,s�r '"ri.,r j ''"s'"k t if4 '�• h 3 c ""4,W4'�4— wr � ��� �� �4 y� r `�t J f'i N r ti. �� 2y'1•+f �sN' r��r ltYl it � 'i ''' S't' gym;,S�` .�2t '• .£ Jt x�9 i J kris. t r •cam{.r �R�f r }� .c�:�2.� ;F',�`w 's t } " J�F d'�ia'{''i�i�X`•�p, s t 3 ♦ Ne 3 FS f �•�� F'' 0/s • � \ � b3 \? ������ xis£.'yt 's��.s,'i �� �✓h . / f � s £ 4 a .' � §,�� 3 •£��m$ F��`"r����+,�3��1��''s�r S ax4�5�:�k!� a a b \ \ �l1 iA��b1J �F tctb i�,nc C4T- 61e. CITY OF HUNTINGTON BEACH HOUSING AND COMMUNITY DEVELOPMENT PROGRAM l PROGRAM DESIGN SENIOR CITIZEN RECREATION CENTER OLD CIVIC CENTER SITE As part of the new senior citizen complex to be located on the City' s old Civic Center site will be a Senior Citizens Recreation Center to replace the existinq facility at 17th Street and Orange Avenue. This new facility should encompass approximately 10 000 square feet, and the program design for the building is as follows: 1. Assembly Room a. Seating capacity of approximately 400 at tables. b. Operable walls to divide space into at least two, preferably three smaller spaces. c. Access to. kitchen is necessary, and when operable walls are closed one space should accommodate 80-100 people seated for lunch under the Transportation-Lunch- Counseling (T-L-C) senior feeding program. 2. Kitchen a. For use primarily for catered meals, coffees, teas, but should permit serving of "pot luck" meals with limited on-site preparation. b. Two warming ovens, sink, and commercial refrigerator, residential range/cook top. C. Generous counter top work space and storage. d. Access to assembly room and to outdoor space necessary. 3. Senior Outreach Program This program provides a variety of social services to home- bound seniors. The emphasis of this program is service to seniors at home, client contact does not occur at the Center; therefore . . . a. Office space for a staff of 15 is necessary. b. One separate office for the program coordinator is necessary. c. Office space for Council on Aging representative is necessary. 4. Senior Citizens Center Staff a. Office space for a staff of• 10, including a recep- tionist, is necessary. b. One separate office for the center' s director is necessary. 5. Game Room a. Must accommodate two pool tables and one snooker table. 6. Meeting Rooms a. At least two and preferably three meeting rooms shall be provided. b. Each room should accommodate 25-30 people at tables and 50 people in assembly seating. 7. Additional Needs a. Storage space for folding tables and chairs. b. Reception area. C. Foyer/lounge at entry with easy; covered access to buses. d. Janitor' s closet. e. Restrooms .with ladies "lounge" and handicapped equipment. f. Coat storage. g. Public address system in Assembly and with music in all rooms. h. All building components should be durable and require little maintenance. i. Transmission of interior noise should be mitigated. j . Entire /building must be• accessible to handicapped. -------------------- k. Drinking fountains (inside & outside) &' vending machine alcove. 8. Outdoor Activities a. Four shuffleboard courts. b. Outdoor seating. . c. Outdoor eating area with kitchen access and separation from surrounding area. ::F d. Parking for 70-75 cars. �U e.• Easy access for charter buses. 1 j ! NEW SENIOR CITIZ7_7N CENTER MEETING Monday, August 1;-5, :;,30, 10:30 a.m. iY'.�nutFs ,' Present: V'nce ,Vioorehouse, Vivian Borns, B'1! rower, Wl<u ?ocgers, Stephen V Kos,'er - Arbor, shou!d '+ be r�•v'^c'? At !eas- c pow mj�n+encn.,_r- -materia! shou!c 5e used. c :� ressure }reatec'. w�-�c�c' Cor':r-n - "The Wa"!" '"on monev. '..Ilse co!or.s and. horizon+c! "-,es to tie fac"ities. - Skylight CK. - Low mcintenanco `-)ich or:c-r'ty. - Con-�a oo'n-- of ma*n. c-, -cnce. K - 'Caliacity of rne�+*no roo-nc,,' - Community S�rv'ce PeRresentc:t've to be appo'ntec. - Kitchen to be comic ^'al!y eeu'ppr�d? t - lnvesti�7ete ot',or sire"nr se:r. or centers. Emnhcs'7n nc+urn: ven+'!n•ton; not to be air concfitionec, perhan!� use t'y, ; sys,:e r, )rov'de fresh cir. - Coord*mnc.tl- r. • hous`ng units too. ' S • :S:a -lie ; A, AC N R �• " ; C6'fi V OF HU,-,1'60WGT0t9 Eat-G',:::1-3 :.� INTER-DEPARTjVICNT COMMUNICATION 1„ \„\I.ION BI A,11 St ephon V. Krr.i I, ; To Vi nce Moorhou �e From Sen i or ( oimmin pirector, Conirunity Services Develolrnr,. rtt subioct COft7NTS R EGARU ING INTERIOR DE5 I GN , Date Oc tobr.r' l 5 , 1•i,tt, OF NN SL-"NIOR j ITIZENS' RECREAf ION I � On Tuesda, , October 14 ,, 1980, I met with Vivian [3orns and Ri11 Fowler ;nl ; n,a, staff and!Mr. jMike Rod rsiof the Council or, Aging to review the schei,t.:t i,� design for the interiotror arrangements a the new Senior Citizens' ;Recri it imi Center to be constructed at the Old Civic C nter site. Thera follows jth, comments received at th�t time: V 1 ) The three classtooms included iri the structure should be redtitlod t.w tk.•,u larger., rooms an� the interior partitlion separating these spack?� shollild be moved toward, thO planned T.V,' room. In addition, olio of V,.-so (t;,► classrooms shou d be approximately 25' by 30' , or should acr.oi-4,rrcr,±.rt ,� ;1+ tq 551people, In reworking this portion of the center, storaq - for folding;-chairs and tables should be provided. a g . j' 2) The meroom sh�uld be divided Into two rooms: (1 ) fo pool (2) for a "quiet room". This quiet doom will be used for play:iruj and other activities. j I t/ 3) A conference ro$m should be added at, the north end of the "oui i e&:h offices" of a size !that would accommodate 1.5 people. l 4) Atypical "coffQe center" should be devised with outlets, sink and countertop. -Th se ;coffee centers should be located in'each i.n the general ffvices, and in the quiet room. 5) The area dusigndted for offices irequires one enclosed space th,,t accotnnodate three desks, and an additional enclosed space to 1-,(,t the Council on Aging. ., V" G) The storage space adjacent to the Director's office should be , nl,t► �tttil by reducing the.'siz:e of the Dire�torls office. - 7) Reception counter should be reloFateq outward into the :room to l,ri,v additional space in the offices behind the counter. 8) The supply room should be increased 1n size by the incorporation of tho tri angNl ar shaped space behind the k 'tchen door. 9) The arFhitect isl to. confirm that; the ,large assembly halal ' planned ui 11 , in. f ac; , accommodate the simul taneou� operat i on of the 1Transportat i ona I Lunch Counselin4 Program and thelSenior Citizens' Club "bingo game. tl' :; undersltood that ;this will require a dapacity of approximately 300 pouplo. j j ' f i nce Muoroou se ' October 15; 1980 ' i Page 2 I will forward! these conlnents to the project. architect for c.nnsider,it: i,lli .;I preparation of; the drawings' for the New Senior Citizens' Recreation Cook- you , should hav� any questions, please call me at extension 551?. SVK :jb I i i i I i I i i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. O. Box 190 HOUSING AND COMMUNITY DEVELOPMENT • March 5, 1981 Mr. Werner K. 'Ruegger Architect Kamnitzer, Cotton, Vreeland L, IV . 6330 W. San Vicenta __.. Los Angeles, California 90048 r ..• - SVBJECT: SENIOR CITIZENS RECREATION CENTER Dear Werner; As we discussed at our meeting on Tuesday, March 3, 1981, enclosed please find one copy of the floor plan for the existing senior citizens recreation' center at Seventeenth and Orange Streets. As you know, this is the facility which will be replaced by the new senior center which you are designing for the Old Civic Center site. I hope that this information will be of assistance to you in formulating the design of the new senior center, and if you should have any questions please call me at the number below. Very trul T urs, Stephen V. ohle' Senior Community evelopment Specialist SVK:jb enclosure • Telephone (714) 536-5542 KAMNITZER COTTON VREELAND 6330 West San Vicente Boulevard, Los Angeles, California 90048 (213) 937-3994 MEMORANDUM DATE April 10, 1981 . COPIES TO: JOC JOB NO. 78080-B Werner PROJECT Huntington Beach Bruce NAME Senior Cit. Center File ® Conference with S. Kohler, Vince Morehouse, Vivian Borns, Bill Fowler Comm. Services; Fa_ye Boughton, Outreach Program; PIMA Inga Vincent, Senior Center Coord. ; Fred Froelich, President, Hunt. Beach Councel on Aging. 1. April 8, 1981 Scheme was .discussed, size approx. 12,000 sq. ft. 2. Additional founding available. 3. Parking too small , but go ahead with proposed number of spaces (45-47) . 4. 20 spaces for personnel . 5. Shuffle board courts to remain. 6. Elimination of direct link between housing and library. Introduction of a "glazed" link between outreach and offices/kitchen. 7. Employees lounge. 8. Janitors closet/restrooms similar to previous scheme (Check with existing center) . 9. Classrooms with permanent divider. 10 No arbor (driping). ACTION 1. Presentation drawings for city council meeting. (No date .set) 2. Revise free schedule and submit to Stephen -Kohler. 3. Cost estimate. By WERNER RUEGGER f 4 CITY OF HUNTINGTON BEACH :,- INTER-DEPARTMENT COMMUNICATION M INTINGTON�KH ' F To Vivian BornS., Superintendent From Seni C unity Recreation B Human Services Deve Specialist Subject NOTES FROM MEETING REGARDING NEW Date Apri l 13, 1981 SENIOR CENTER$ FRIDAY, APRIL 10, 1981 I woul d 1 i ke to ,tW.; 1:x :oppor�l ty to relay to you the comments and outcome of the subject meeting. In attendance were: I KCV - Yww.,�w�� :I *RCHtTECtUREANDMANNIN� Vins,R •wrhouse, Community Services Director Vivian .Borfls, Rec. A Human Services Superintendent Bill F,owlerf, Recreation Supervisor APR IS 1991 Fred >t#lien, ;�upcil on Aging President Faye 0odfghton, Outreach Coordinator R E ICI' /' Inge Vincent, Recreation Center Coordinator Werntr f;!> g?fr Architect-Kamnitzer, Cotton, Vreeland �' Stephen "IM er, Senior Community Development Specialist ��G- Center staff requested a covered access from the outreach and administrative offices to the kitchen. It was suggested that a door be added from the • conference room adjacent to the kitchen. The suggestion to move the "outreach" portion of the building together with the rest of the center was discussed. However, due to the reduction in the ! availability of light and air in both portions of the center in conjunction, with this, 1t was discarded. Fred Froelich, President of the COA, expressed concern regarding the number of parking spaces. Several alternative parking arrangements were discussed, but it was ultimately agreed. that the parking arrangements would remain as proposed. Faye Boughton suggested the addition of a stage in the multi-purpose room. Werner Ruegger explained that this would change the occupancy requirements of the multi-purpose room and have an impact on the applicable fire codes. As a result, it was agreed that, if necessary, a portable stage could be added to this room) after construction. - The question was raised is to whether or not the kitchen was large enough. , After discussion it was agreed that the kitchen was indeed large enough. - The elimination of the shuffleboard courts was discussed. It was mentioned that the shuffleboard courts it the existing center were .udder utilized, but it was agreed that the shuffleboard courts should remain. It was also agreed that additional programming efforts by the center staff were required to-Assure that the shuffleboard courts it the new center are fully utilized. vivian Sorts April 13, 1981 Page 2 - The center staff expressed concern regarding pedestrian passage between the outreach office and the center during inclement weather. It was agreed that a small enclosed passage should be included between the two portions of the 1din , {end that this should include glass walls and roof to create .-1!' � ` ��e" effect. It was also agreed that the outdoor paving material Oflii ' J courtyard would be carried into this space. The movable wall-ved�to,separate the two classrooms was discussed. It was agreed that A'aavable wall in this location was not required, and that a conventional solid wall 'should be provided instead. It was agreed that �e, sa -tining in the design of the new senior citizens' recreation center are: The architect " :, foe presentation drawings of floor plan and elevations incorporating `traerrts above. These presentaifi.',", r"lop will be used to estimate the construction costs of the planned� 11,A; square foot facility, and to calculate any required revisions to the arthitectural services contract. " HCD staff and the�' iunity Services Department will use these presentation drawings and cost calculations to prepare a revised budget for the project. I hope that .these CotaWts will be of assistance to you in documenting what transpired at our AWMnng� of April 10, 1981. If•you should have any questions, please call me at extension 5542. SVK:jb VREELAND 'Vicente Boulevard, Las Anp•la, California 9OD48 (213) 9V-3"4 r WMORANDUM DATE up, COPIES TO: JOB NO. 7& O g 03.D.G PROJECT t��VC4•i NAME Conference with r Q field Inspection R•port • �✓� lS VKY tMPRWiv k1 j TK, rLft mv IT �f T,f a�u1e ]" ors �N kUXMM*"AT04 `(IV K kWS 6+v 1tJ CAM 1"" f � �n u� Kk�v� �1fe �le.1 t r Y • t i✓tt IOU errs • W?WYs A K""V MVIT a AVT Pr IrnA of Tff, . 0100rY WME, C 01 ASS TO } KAMNITZER COTTON VREELAND 6330 West San Vicente Boulevard, Loa Angeles, California 90048 (213) 937- 994 s . MEMORANDUM DATE Jame 17, 6981 COPIES TO: Stephen Kohler JOB NO. 7808 B John 0. Cotton PROJECT HuntixrtonSr. Bruce Sternberg NAME Citiz m Center Carol Garvey File Telephone ® Conference with Stephen Kohler. i Field Inspection Report 1) In reference to the contract anTrerdnent Stephen suggested changing Exhibit "A" of the original contract and resubmit the entire . contract. 2) The center as submitted 5/19/81 contains 12,574 sq. ft. We estimate the cost per square foot to be in the neighborhood Of. $50.00. We estimate the landscaping and parking to amount to $50,000.00. 3) Stephen Kohler will know by Jbne 22, 1981 how much money the city! allocates to the project. 4) KCV will continue working on the project under the existing contract and will submit elevations and sections for review. Byrn _ Rtrrscr Ara CITY OF HUNTINGTON • EACH ® 2000 MAIN STREET CALIFORNIA92648 P. O. Box 190 HOUSING AND COMMUNITY DEVELOPMENT licv July 22, 1981 ,uc,aumwr- A23t� 1 a Mr. John Cotton RE.Cir_IVED Kamnitzer, Cotton, Vreeland y j 6330 W. San Vicente Los Angeles, California 90048 Attention: Werner Ruegger SUBJECT: NEW SENIOR CITIZENS RECREATION CENTER Dear John: This letter constitutes your written authority to commence immediately on the working drawings and specifications on the New Senior Citizens Recreation Center to be located at the Old Civic Center site. I have received the proposed amend- ment to the architectural services agreement between your firm and the City of Huntington Beach, and this agreement is now under review by the City IAttorney's office. In the meantime, their remains sufficient dollar authorization on the current agreement to commence the working drawings and specifications. I will inform you of the date upon which the City Council will consider the pro- posed amendment to the contract as soon as it is known. I will be happy to meet with you, or Werner, in the immediate futurelto discust the commencement of this effort if you think it advisable. In the meantime, if you should have any questions, please contact me at the number below. Ver y o rs, St er Senior Community velopment Specialist SVK:jb Telephone (714) 536-5542 KAMNITZER COTTO. VREEIA D 6330 San Vicente Rou "'d Los Angeles,Callfom 900" Telephone(213)937 3 94 August 22, 1981 Architecture and Planing i Mr. Stephen V. Kohler Sr. Camnnity Development Specialist City of Huntington Beach I 2000 Main Street Huntington Beach, CA 92648 Subject: New Sr. Citizens Recreation Center k 1 Dear Stephen, i Following our conversation of August 4, 1981, I met with Frank Mirjahangar (Building) , Savoy Bellavia (Zoning) , and Bill Cooper (Fire) . This is the result of those meetings, based on the preliminary drawings i approved by you July 22, 1981: ® 1. The buildings occupancy is classified.as A-2.1, (E-1) , B-2. Construction will be Type V, 1-hour throughout. 1 i 2. Maxim n height allowable 30'-0". Maxiimum height of proposed building 24--0" - 26'-0". 3. Sprinklers required throughout (any building over 12,000 sq. ft., this building's use in particular) . We did not account for this item in our rough cost estimate. . I 4. Total lot coverage minus parking and,Idriveways not more than 50%. Preliminary investigation shows 57% open space. . 5. Planting area between parking and property line 6 feet wide. We will have to make sane adjustments as our present setback is only 3'-0". Preliminary investigation shows lass of one parking space over the approved design. 6. Variances will have to be obtained for the architectural projec- tion into the front yard setback at Main Street and for the re- duction of required parking spaces. Savoy Bellavia indicates that this will,be justifiable. Peter Kamnit:er,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects _ f f Mr. Stephen v. Kohler i August 22, 1981 Page 2 I am taking this opportunity to inform you once more o the preliminary nature of our construction cost estimate. I strongly ecarmend that we obtain a detailed cost estimate as soon as possible. t is imperative that we establish a budget for us to work within and possibly make ad- justments in our design before proceeding with working drawings. The time involved to produce the working drawings should not exceed ten weeks, we expect to submit the project for plan check by the end of �� October 1981. For your information we include a time schedule, if you e1�WK�see any problems with it please let us know. Our main txmoern at the t1 moment is to receive an accurate survey of the site and the precise lo- cation of the existing library. Please let me know of the official title for the project as soon as pos- sible. Should you have any questions please do not hesitate to call either John Cotton or myself at this office. S' rely, Wei er K. a er; AIA 'I WKR/slr I KAMNITZER COTTON VREELAND E330 San-Vicente Boulevard Los Angeles,California 9004E Telephone(213)937.3994 Architecture and Planning September 2, 1981 =.iw=R 5 copy Mr. Stephen V. Kohler Sr. Cammnity Develognent Specialist City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 Subject: New Sr. Citizen's Recreation Center Dear Stephen, • This is to acknowledge your telephone call of August 24, 1981 notify- ing us to stop work on the above referenced project until further notice. We request a written notification with an indication if' the project is temporarily suspended or if our contract has been terminated. el ohn 0. Cotton, AIA *2*sir • Peter Kamnit:er,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects CITY OF HUNTINGTON BEACH 20W MAIN STREET .CALIFORNIA 92648 P. 0. Box 190 HOUSING AND COMMUNITY DIVELOPMENT KCV ARCHITECTURE AND PLANNING . September 14, 1981 s REC>:.iVt . Mr. John 0. Cotton, AIA $� Kamnitzer, Cotton, Vreeland 6330 San Vicente Boulevard Los Angeles, California 90048 SUBJECT: NEW SENIOR CITIZENS RECREATION CENTER Dear John: In response to your letter of September 2, 1981 on the subject matter, I would like to provide you with this written notification of termination of your current contract for the design of the proposed Senior Citizens Recreation Center. On Tuesday, September 8, 1981, the City Council took action at its regular adjourned meeting to endorse the relocation of the Huntington Seaview project to another site. The provision of the planned Senior Recreation Center was intended to be in conjunction with this project and this Council action means that the site will be no longer available for this purpose. Please transmit at your earliest convenience the work you have completed to date on this project and an invoice for the services provided by your firm to date. I look forward to the opportunity to work with you and your firm again in the future; and if you should have any questions, please contact me at the number below. Yer ours, Stephen V. Koh er Senior Communi Development Specialist SVK:jb attachment Telephone (714) 536-5542 Tpnsmi,ttal Date: October 22 , 1981 Tfli' Mr . Stephen V. Kohler City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 Re: New Senior Citizens ' Enclosed Herewith X X X Recreation Center Under Separate Cover Via Mail Via Delivery U , P ,S Number of Copies Drawing Number Description 1 set Blueprints of Design Drawings 1 set Photocopy of project file items 2 xeroxes Model photo and rendered axonometric drawing . 1 Invoice No . 1208 For: Remarks: .�A Copies To: F i 1 e . - By: WERNER K. RUEGGER , AIA KAMNITZER COTTON VREELAND t 6330 San Vicente Boulevard Los Angeles,California 90048 Telephone(213)937.3994 Architecture and Planning �w CITY OF HUNTINGTON BEACH 2000 AGAIN STREET CALIFORNIA 92648 P. O. Box 190 , HOUSING AND COMMUNITY DEVELOPMENT September 14, 1981 Mr. John 0. Cotton, AIA. Kamnitzer, Cotton, Vreeland 6330 San Vicente Boulevard Los Angeles, California 90048 SUBJECT: NEW SENIOR CITIZENS RECREATION CENTER Dear John: In. response. to your letter of September 2, 1981 on the subject- matter, I would like to provide you with this written notification of termieatiph of your current contract for the design of the proposed Senior Citizens Recrodtion Center. On Tuesday, September 8, 1981, the City Council took action at it& regular adjourned meeting to endorse the relocation of the Huntington Seaview project to another site. The provision of the planned Senior Recreation Center was untended to be in conjunction with this project and this Council action means th4t the site will be no longer availablo for this purpose. Please transmit.at ,yoyr earli@gt convenience the work you have completed to date on this project and an ifivoice fo' the services provided by your firm t0 date. I look forward to thg opportwit�y to work with you and your firm again in the future; and if you should Mve any questions, please contact me at the number below. Ver ours, r . Stephen V. Koh er Senior Comnuni. y Devel oplrient Specialist SVK:jb . attachment Telephone (714) .536-5542 • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH 4�e Ko To Gail Hutton From Beni o unity City Attorney Oevel Specialist Subject SUPPLEMENTAL AGREEMENT NUMBER 1, Date September 14, 1981 KAMNITZER, COTTON, VREELAND, AIA; SENIOR CITIZENS RECREATION CENTER AT OLD CIVIC CENTER SITE IIm in receipt of your correspondence of September 4, 1981 to James W. Palin on the subject matter. Attached please find a copy of my letter to John Cotton of Kamnitzer, Cotton, Vreeland officially terminating the services of.this firm for this purpose; therefore, Supplemental Agreement No. 1, as previously requested from your office will not be necessary. If you wish, you may forward this, Suppl@d mental Agreement to this office for filing, but no further action is required from you or your staff. As always, I appreciate your cooperation and assistance in this regard$ and if you should have any questions you may call me at extension 5542. SVK:jb, attachment Lei]or CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. O. Box 190 HOUSING AND COMMUNITY DEVELOPMENT September 14, 1981 Mr. John 0. Cotton; AIA Kamnitzer, Cottony Vreeland 6330 San Vicente Boulevard Los Angeles, California 90048 SUBJECT: NEW SENIOR CITIZENS RECREATION CENTER Dear John: In response to your letter of September 2, 1981 on the subject matter, I would like to provide yop with this written notification of termination of your current contract for the d@sign of the proposed Senior Citizens Recreation Center. On Tuesday, September 8, 1981, the City Council took action at its regular adjourned , meeting to endorse the relocation of the Huntington Seaview project to, another site. The provision of the planned Senior Recreation Center was intended to be in conjunction with this project and this Council action means that the site will be no longer available for this purpose. Please transmit at your earliest convenience the work you have completed to date on this project and an invoice for the services provided by your firm to date. I look forward tp the opportunity to work with you and your firm again in the future; and if you should have any questions, please contact me at the number below. Very truly your, Stephen V. Kohler Senior Community Development Specialist SVK:jb attachment Telephone (714) 536-5542 HU1"T1'P;GTr%4 EEACFI J, i�' CITY OF HUNTINGTON BEACH PLANNIr;G DEFT. INTER-DEPARTMENT COMMUNICATION S E P 4 1981 HUNTINGTON BEACH .P• 0. PCX 190 fr To JAMES W. PALIN From GAIL HUTTON Hu-"t "W R-ach, CA 92648 . Development Services Director City Attorney Subject Supplemental Agreement Number 1, Date 4 September 1981 Kamnitzer, Cotton , Vreeland, AIA, Senior Citizens' Recreation Center at Old Civic Center Site We have prepared the supplemental agreement, but have not forwarded it because of information we received that the plans to use that location have changed. If you still want the amendment to the agreement, please advise and we will forward same. GAIL HUTTON City Attorney GH:AJF: lm KAMNITZEK COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,California 90048 Telephone(213)937-3994 Architecture and Planning September 2, 1981 Mr. Stephen V. Kohler Sr. CoMMMity Development Specialist City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 Subject: New Sr. Citizen's Recreation Center Dear Stephen, This is to acknowledge your telephone call of August 24, 1981 notify- ing us to stop work on the above referenced project until further notice. We request a written notification with an indication if the project is temporarily suspended or if our contract has been terminated. Ll hn-0.-Cotton,-ATA WKR*slr Peter Kamnitzer,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects 1 KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,California 90048 Telephone(213)937-3994 August 22, 1981 Architecture and Planning Mr. Stephen V. Kohler Sr. Community Development Specialist City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: New Sr. Citizens Recreation Center Dear Stephen, Following our conversation of August 4, 1981, I met with Frank Mirjahangar (Building) , Savoy Bellavia (Zoning) , and Bill Cooper (Fire) . This is the result of those meetings, based on the preliminary drawings approved by you July 22, 1981: 1. The buildings occupancy is classified as A-2.1, (E-1) , B-2. Construction will be Type V, 1-hour throughout. 2. Maximum height allowable 30'-0". Maximum, height of proposed building 24'-0" - 26'-011. 3. Sprinklers required throughout (any building over 12,000 sq. ft., this building's use in particular) . We did not account for this item in our rough cost estimate. 4. Total lot coverage minus parking and driveways not more than 50%. Preliminary investigation shows 57% open space. 5. Planting area between parking and property line 6 feet wide. We will have to make sane adjustments as our present setback is only 3'-0". Preliminary investigation shows loss of one parking space over the approved design. 6. Variances will have to be obtained for the architectural projec- tion into the front yard setback at Main Street and for the re- duction of required parking spaces. Savoy Bellavia indicates that this will be justifiable. Peter Kamnitzer,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects Mr. Stephen V. Kohler August 22, 1981 Page 2 I am taking this opportunity to inform you once more of the preliminary nature of our construction cost estimate. I strongly recommend that we obtain a detailed cost estimate as soon as possible. It is imperative that we establish a budget for us to work within and possibly make ad- justments in our design before proceeding with working drawings. The time involved to produce the working drawings should not exceed ten weeks, we expect to submit the.project for plan check by the end of October 1981. For your information we include a time schedule, if you see any problems with it please let us know. Our main concern at the moment is to receive an accurate survey of the site and the precise lo- cation of the existing library. Please let me know of the official title for the project as soon as pos- sible. Should you have any questions please do not hesitate to call either John Cotton or myself at this office. 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ONE■N■■■■■■m uio,OE■■■■■■■■■■■■E■■■■■■NO ■i■■im■■■■■■■■■■ ■■■■■■■■■■■■n■�■S■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■�■■■■■■■■■■■■■ NONE Min On On C■■CC■■■■■■■■C�C■NON■..■ ■C■■C■■■mom NOON N■M■■ENN■-■NN ■■■■■■■M■■■ NE■■■ ONE■■ONO N No mom ......■■■■■■...■ ■■■■■■ ■ ....■ mom..EEO..■..■.ONE..■ NAME AND ADDRESS OF AGENCY ASSOCIATION ADMINISTRATORS & CONSULTANTS, INC. COMPANIES AFFORDING COVERAGES 18872 MacArthur Boulevard, Suite 400 Irvine, California 92715 COMPAN LETTER Y A HARTFORD ACCIDENT & INDEMNITY COMPANY Phone (714) 833-0673 L°nER"Y B NAME AND ADDRESS OF INSURED KAMNITZER, COTTON & VREELAND ETTERNY C 6330 West San Vincente Los Angeles, California 90048 ETTERNY COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. POLICY Limits of Liability in Thousands ) COMPANY TYPE OF INSURANCE POLICY NUMBER EACH LETTER EXPIRATION DATE OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM ❑PREMISES—OPERATIONS / PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ OWNED (EACH ACCIDENT) f ❑ HIRED •1 PROPERTY DAMAGE $ BODILY INJURY AND❑ $NON-OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM — $ $ PROPERTY DAMAGE ElOTHFORM COMBINED ER THAN UMBRELLA WORKERS'COMPENSATION STATUTORY and A EMPLOYERS'LIABILITY 72 WJ 401247W 9/1/82 $ 100 (EACH ACCIDENT) OTHER DESK,T�Igt)L f¢,PERATSMfMOrM1_ZNS CENTER - OLD CIVIC SITE �'�(�JtJC J MAIN STREET BRANCH LIBRARY REMODEL Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail —10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: 7/28/81 ck CITY OF HUNTINGTON BEACH DATE ISSUED: Attn: ' Stephan Kohler Senior Community Developer Specialist y `� T P.O. Box 190 Huntington Beach, Calif. 92648 A IVY' ACORD 25(1-79) CERTIFICATE OF INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policy(ies)listed below. Name and Address of Insured: KAMNITZER/VREELAND, INC. AND JOHN OLIVER COTTON ASSOCIATES d/b/a KAMNITZER COTTON VREELAND ARCHITECTURE & PLANNING This certificate or verification of insurance is not an insurance policy and ,!oe,3 not amend 6330 San Vicente Boulevard, 2nd Floor extend or niter the covcr,ge ;-i Forced !;y the Los Angeles, California 90048 p(iJL-Ios, listed herck. P1c;t::it+:.t_;n ing arty co tr:�c of 1©$ItyY de,urns? t vJtli r-,;pe t to ..hich this This is to certify that the policy(ies)of insurance listed below have been is�tiedito.tteinsur6d named aboVearid a'r6 in force at this time. tag i; ,i:d )r rt y ,''::ir in r... f- iar.—I by th` no'l.kv.z d':es:ribed h r:�in is §p0jept t9 all i1n t r ,c;, e" I ions and con ditldrls of such policies. TYPE OF INSURANCE: Architects & Engineers Professional Liability and operations/locations only. covered thereunder NAME OF INSURER: Potomac Insurance Company 414 Walnut Street, Philadelphia, PA 19105 POLICY NUMBER: PE101095 POLICY PERIOD: 17 August 1981 to 17 August 1982 LIMITS OF LIABILITY AND DEDUCTIBLE: $ 500,000. each claim and $ 500,000. in the annual aggregate; subject to a deductible of $ 5,000. Should uld the described policy(ies)be cancelled before its(their)expiration date,the undersigned will endeavor to give days written notice to the certificate holder,but failure to give such notice shall impose no obligation or liability of any kind upon the undersigned or upon the insurer. Name and Address of Certificate Holder: City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Attn: Stephen Kohler Senior Community Developer Specialist Project: Senior Citizens Center/The Old Civic Site Main Street Branch Liabrary Remodel ® SHA RAHAN &COMPANY, INC. On A mer aza, E on, Illin 60201 Date: August 24, 1981 SM 102-9 Qj�iWl BY CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. 0. Box 190 HOUSING AND COMMUNITY DEVELOPMENT July 22, 1981 Mr. John Cotton Kamnitzer, Cotton, Vreeland 6330 W. San Vicente Los Angeles, California 90048 Attention: Werner Ruegger SUBJECT: NEW SENIOR CITIZENS RECREATION CENTER Dear John: This letter constitutes your written authority to commence immediately on the. working drawings and specifications on the New Senior Citizens Recreation, Center to be located at the Old Civic Center site. I have received the proposed amend- ment to the .architeetural services agreement between your firm and the City of Huntington Beach, and.this agreement is now under review by the City Attorney's office. . In the meantime, their remains sufficient dollar authorization on the current agreement to commence the working drawings and specifications. I will inform you of the date upon which the City Council will consider the pro- posed amendment to the contract as soon as it is known. I will be happy to meet with you, or Werner, in the immediate future to discuss the commencement of this effort if you think it advisable. In the meantime, if you should have any questions, please contact me at the number below. Ver y o, rs, St e¢ er Senior Community D vel ophient Specialist SVK:jb Telephone (714) 536-5542 KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard July 16, 1981 Los Angeles,California90048 Telephone(213)937-3994 Architecture and Planning i Mr. Brian Norkaitis Regional Manager The William Lyon Co. 19 Corporate Plaza Newport Beach, CA 92660 Re: Huntington Beach Seaview Project 78080-A Dear Brian, As you are probably aware we have a sizable team working overtime on the Seaview project, and we and the consultants are doing our utmost to complete the drawings in time. Our schedule now is as follows: July 16 (Today) Progress prints of the architectural drawings sent to C.H.F.A., Steve Kohler, Huntington Beach Fire Marshal, and site plans to Huntington Beach Public Works Department and Rainbow Disposal Cozy. July 24 We will submit a set of architectural drawings and consultants drawings for review by the C.H.F.A. August 3 Submittal to Huntington Beach Building Department for plan check, and to C.H.F.A. for second review. August 31 Third submittal to C.H.F.A., Building Permit should be granted by this date. This schedule will leave you a month for closing the loan. We will be able to stick to this time-table only with the support and cooperation of all the agencies involved. Sincerely, %&I"k. %XXV_. Helena Toister Architect cc: John 0. Cotton Mike Casciola Stephen Kohler Myron Thomas Peter Kamnitzer,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects v Transmit* Date: To: ry / . C Aw ��C% (� �i.j►1 � ��; Enclosed Herewith V -1 '11 Under Separate Cover Via Mail ri Via Delivery Number of Copies Drawing Number Description For: ^ Remarks: Copies To: ^^ KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,California 90048 Telephone(213)937.3994 Architecture and Planning l r. / Transmiiil Dater 1 i 2 0 0�1'y1,t t�i�n T 0. (3J�►7C. dj 0 Enclosed Herewith V 3 2G -A 8 Under Separate Cover Nk-16� Via Mail ry*780 BO 7ek Via Delivery Number of Copies Drawing Number Description t For: Remarks: t,l►,•� ter �t�i �/LG�-C-I 1JVf C� A�tAA % n tT �.J ,j Copies Ta r BY: KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,Californ a 90048 'Telephone(213)937.3994 Architecture and Planning `I; Transmilrl Date: To: �Jc I-BOnr 1rLt(,`van R Enclosed Herewith V �1 JZ G.4 B Under Separate Cover Via Mail i 78 og o--A Via Delivery V Number of Copies Drawing Number Description e For: Remarks: {� � � Copies To; K a r� By: KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,California 90046 Telephone(213)937.3994 Architecture and Planning CITY OF HI, NTINGTON BEACH '2 INTER-DEPARTMENT COMMUNICATION HUNIINGION REACH To Gail Hutton From James W. Palin, Director City Attorney Development Services Subject SUPPLEMENTAL AGREEMENT NO. 1 Date July 7, 1981 KAMNITZER, COTTON, VREELAND, AIA The firm of Kamnitzer, Cotton, Vreeland, AIA, was selected by the City Council to provide architectural services for the construction of a new senior citizens recreation center at the Old Civic Center site. This selection was made in 1978, and since that time the concept of the facility has been altered and its size increased. Therefore, it is now necessary to amend, through a Supplemental Agree- ment, the City' s contract with the Kamnitzer, Cotton, Vreeland firm. QUESTION: Please review the attached Supplemental Agreement No. 1 to increase the size of the proposed senior recreation center from 10,000 square feet to 12,600 square feet and to increase the "Not To Exceed" amount from $33,333 to $54,296. This Supplemental Agreement has been scheduled for the Council ' s consideration at its regular meeting of August 3, 1981, and the agenda deadline for this meeting is July 24, 1981. As always, we would appreciate the consideration of this matter in sufficient time to accommodate this deadline. If you should have any questions, please call me at extension 5275. JWP:SVK:jb attachment r SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT NO. 1 to that certain Agreement by and between the CITY OF HUNTINGTON BEACH, a municipal corporation (therein as OWNER) and KAMNITZER, COTTON, VREELAND, a California corporation (therein as ARCHITECT) is hereby .modified and amended, effective on the date shown below, .as follows: 1. Section 2 of Exhibit "A" is modified by the following: "The OWNER shall compensate the ARCHITECT for Basic Services. as de- scribed in Article I the total sum of $54,296 which represents 8.0 percent of an estimated budget of $678,700 and payments shall be made in accordance with the provisions of Article 6; 2. Project size increase from 10,000 square feet.to 12,600 square feet; and 3. To include new Articles 15 through 21. EFFECTIVE THIS day of 1981. CITY OF HUNTINGTON BEACH, a municipal corporation,. OWNER Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED.AND APPROVED: City Administrator Director, Development Services 1. Supplemental Agreement 1 Kamnitzer, Cotton, Vreeland Contract Page Two KAMNITZER, COTTON, VREELAND, a California corporation, ARCHITECTS By Title of Position 2. THE AMtRICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the 29th day of June in the year of Nineteen Hundred and Eighty One. BETWEEN the Owner: The City of Huntington Beach and approvcx.d by the Huntington Beach City Council. and the Architect: xamnitzer Cotton Vreeland For the following Project.: (Include detailed description of Project location and scope.) New Senior Citizens Center at Old Civic Center site: A single story building, approximately 12,600 sq. ft., with on-grade parking and landscaping. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, '1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA® • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 a 1 EXHIBIT "A" The terms and conditions of AIA Document B141, Owner-Architect Agreement, June 1981 Edition.are hereby modified as follows: 1. Article 6 - Payments to Architect - Delete Section 6.1.1 thereof in its entirety and substitute the following therefor: "Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation:" Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 50% Bidding Phase 5% Construction Phase 10% Add wording in Subsection 6.2.1 as follows: "All such statements shall be certified under penalty of perjury by a principal of Architect to be true and correct services performed and in the case of Basic Services, the ratio of such services to the total of any phase of the work to which such services relate." 2. Delete Article 14.1 - 14.3 in its entirety and substitute wording as follows: "The Owner shall compensate the Architect for Basic Services as des- cribed in Article 1 the total sum of $54, 296 which represents 8.0 percent of an estimated construction budged of $678,700 and payments shall be made in accordance with the provisions of Article 6 above." "The Architect shall provide professional services for the project in accordance with the Terms and Conditions of this Agreement. "The Owner and Architect agree in accordance with the Terms and Con- ditions of this Agreement that if the scope of the project is_ changed materially, compensation, shall be subject to renegotiation." 1 ARTICLE 15 OTHER CONDITIONS OR SERVICES .Additional Articles 16�through 21 � inclusive, are attached hereto and incorporated by reference herein. Architect agrees to perform this agreement In nc;cordnnce with the city specifications for this work and the nrchl.tect ' s proposal , which are on file With the city and incorporated by .reference. herein. city' s specifications refer to those "General Requirements•' found in the construction documents . AIA DOCUMENT 8141 OWNER-AR1.1111ECI AGRI EMINI IIIIRII.INIII I.I IIION • IMY Jv77 • ",IP`' [: 1477 IIH: AMERIC'AN INSIIIUIf. (I ARCIIII 01 UP NIAV UMK AWNUf, N.W.. WNWIM.10N, I).(-. :,aar, 11141-1977 11 ARTICLE 16. DISPOSITION OF INSPECTION FINDINGS, REPORTS AND OTHER DOCUMENTS; ARCHITECT agrees that all reports, both field and office notes, calculations, and other documents, shall be turned over to OWNER upon completion of PROJECT. OWNER hereby agrees to indemnify, hold harmless, and defend ARCHITECT for and against any and all claims resulting from or arising out of the use of the reports prepared by ARCHITECT for OWNER. ARTICLE 17 . DISCRIMINATION: ARCHITECT agrees that in the performance of the terms of this agreement, it will not engage in, .nor permit its agents to engage in, discrimination in employment of persons because of race, religious creed , color , national origin, ancestry, physi- cal handicap, medical condition, marital status, or sex of such persons, except as provided in Section 1420 of the California Labor Code. Violation of this provision may result in the imposi- tion of penalties referred to in Division 2 , Part 7 , Chapter 1 of the California Labor Code. ARTICLE 18 , INDEMNIFICATION, DEFENSE, HOLD HARMLESS: ARCHITECT shall defend, indemnify and hold harmless OWNER, its officers, agents and employees, from and against any :and all liability, judgments , damages, costs, losses , claims, includ- ing Workers ' Compensation claims, and expenses resulting from or connected with ARCHITECT 'S negligence or other tortious conduct in the performance of this Agreement . 1 . ARTICLE 19 . WORKERS ' COMPENSATION : ARCHITECT shall comply tith all of the provisions of the Workers ' Compensation. Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable. ARCHITECT shall furnish to OWNER a certificate of Workers ' Compensation insurance. The insurer shall not cancel or modify the policy without thirty (30) days prior written notice to the OWNER. In the alternative, the ARCHITECT may show proof of a certificate of consent to self-insure issued by the Director of Industrial Relations according to California Labor Code Section 3800. ARTICLE 20. INSURANCE: ARCHITECT shall obtain a policy of comprehensive bodily injury and property damage liability insurance, and maintain such policy in effect for the period covered by this agreement, providing coverage for bodily injury and property damage in the minimum amount of $300 , 000 combined single limit per occurrence. The policy shall name, as additional assured, • OWNER and its officers and employees, while acting within the scope of their duties, against all claims, suits , or other actions of any nature brought for or on account of any injuries, damage or loss , including any deaths arising out of or connected with the work of ARCHITECT under this contract. ARCHITECT shall fur- nish OWNER a certificate of insurance from the insurer evidencing compliance with this paragraph and provid_i..nq that the insur(�! 2 . shall not cancel or. modify .the policy without thirty (30) days prior written notice to OWNER. ARCHITECT shall give OWNER prompt and timely notice of any claim made or suit instituted . In addition, ARCHITECT shall furnish to OWNER a certificate of insurance evidencing an errors and omissions insurance policy in an amount not less than the contract price of this agreement. ARTICLE 21. INDEPENDENT CONTRACTOR: It is further understood and agreed that ARCHITECT is, and shall be, acting at all times as an independent contractor herein and not as an employee of OWNER. ARCHITECT shall secure at its expense, and be responsible for any and all .payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for ARCHI- TECT and its .officers , agents and employees , and all business licenses, if any, in connection with the services to be performed hereunder. . REST OF PAGE NOT USED. ti 3. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day, month and year first above written. ATTEST: CITY OF HUNTINGTON BEACH City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City Attorney INITIATED AND APPROVED: Director , Development Services KAMNITZER, COTTON, VREELAND, ARCHITECTS By 4. KAMNITZER VREELAND NC. 6330 San Vicente Boulevard Los Angeles,California 90048 June l2, 1981 Telephone(213)937.3994 Architecture and Planning City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attention: Stephen V. Kohler Re: Huntington Beach - Seaview Dear Steve, Pursuant to our phone conversation of Friday, June 12, 1981, I am writing to obtain further clarification of several issues necessary for us to progress with the work- ing drawings for the Seaview apartments. 1. Would you please verify with Emerald Engineering that the topographic survey they prepared contains all the information found on a standard A.L.T.A. survey. 2. We have never received any final word from your public works concerning the q exact size and location of the various services which will be extended to our property line by the city. 3. Our structural engineer has seen a copy of the existing soils report and has utwV) expressed some concern about it being nearly 2,- years old. This is a condi- tion requiring notification of Associated Soils Engineering, .Inc. as per page GU 2 of their report. In addition, the proposed building varies from the pre- liminary structural information contained on page 4. We now have a four story structure consisting of 3 stories of wood frame over one story of concrete with garage on grade not subterranean. If they need further clarification we will gladly provide the necessary drawings. ,(AVM 4. We would like some update of the city's planned off-site improvements i.e. curbs, sidewalks, etc. Thank you for your help. Sincerely, C4�. Richard Luke cc: Brian Norkaitis Mike Casciola Peter Kamnitzer,member American Institute of Planners Thomas R.Vreeland,Jr.,member American Institute of Architects CITY of HUNTIN6TON BEACH •`: INTER-DEPARTMENT COMMUNICATION HUNTINGTON 8W11 To Vince Moorhouse, Director From James W. Palin; Director Community Services Development Services Subject FINAL .FLOOR PLAN: NEW SENIOR CENTER Date May 26, 1981 RECREATION CENTER Attached please find one copy of the final floor plan for the new Senior Center Recreation Center to be constructed at the Old Civic Center site. This floor plan incorporates the changes requested at the last meeting with the architect, representatives of your staff and the Council on Aging. . Please review this final floor plan and return any comments you may have to us within ten days. This is the only copy of the floor plan that is currently available so please return it as well . JWP:SVK:jb attachment TransmiL.Al � Date: Re: Enclosed Herewith V ��'/�-• Under Separate Cover Via Mail Via Delivery Number of Copies Drawing Number Description Remarks: Ae heAee Copies To: KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,California 90048 Telephone(213)937-3994 Architecture and Planning A,y KAMNITZER COTTON VREELAND 6330 San Vicente Boulevard Los Angeles,California 90048 May 15, 1981 Telephone(213)937.3994 Architecture and Planning Mr. Gene Lai Chief of Architectural Services California Housing Finance Agency 5711 Slauson Culver City, CA 90230 Re: Huntington Beach Seaview Dear Gene: We would like to request that you grant a waiver of the HUD setback re- quirements of 8 feet for area "A" and 13 feet for area "B" shown on the enclosed site plan to 6 feet and 10 feet respectively. The remainder of the required set back would be fulfilled by a permanent open air easement on the adjacent property. This solution would be in accordance with the "Old Civic Center Specific Plan" established by the City of Huntington Beach which very strictly controls the development of the two sites in question. In a letter to the CHFA dated January 29, 1981, Stephen V. Kohler, the Senior Community Development Specialist for the City of Huntington Beach reiterated this position. He has also stated his willingness to work with the CHFA to develop the necessary permanent open air easement. We look forward to hearing from you on this very important issue. Sincerely, Richard Luke RL*slr cc: Brian Norkaitis Mike Casciola Stephen Kohler Cecilia Merriweather . Myron Thomas Peter Kamnit:er,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects CITY OF HUNTINGTON BEACH ? INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To Vivian Borns. Superintendent From Seni Co , unity Recreation & .Human Services Deve a Specialist Subject NOTES FROM MEETING REGARDING NEW Date April 13, 1981 SENIOR CENTER, FRIDAY, APRIL 10, 1981 I would like to ta_ko this :opportunity to relay to you the comments and outcome of the subject meeting.,." In attendance were: Vince; Moorho"use, Community Services Director. Vivian Borns, Rec. & Human Services Superintendent Bill Fowler, Recreation Supervisor Fred- Fro lic , ;council on Aging"President Faye Bourghton, Outreach Coordinator Inga Vincent, Recreation Center Coordinator Werner Ruegger: Architect-Kamnitzer, Cotton, Vreeland Stephenf-Kohler,: Senior .Community Development Specialist - Center staff requested a covered access from the outreach and administrative offices to the kitchen. It was suggested that a door be added from the conference room adjacent .to the kitchen. - The suggestion to move the "outreach" portion of tie building together with the rest of the center was discussed. However, due-to the reduction in the availability of light and air in both portions of the center in conjunction with this, it was discarded. - Fred Froelich, President of* the COA, expressed concern regarding the number of parking spaces. Several alternative parking arrangements were discussed, but it was ultimately agreed that the parking arrangements would remain as proposed. - Faye Boughton suggested the Iaddition of a stage in the multi-purpose room. Werner Ruegger explained that this would change the occupancy requirements of the multi-purpose room and have an impact on the applicable fire codes. As a result, it was agreed that, if necessary, a portable stage could be Added to this room after construction. - The question was raised as to whether or not the kitchen was large enough. . ,After discussion it was agreed that the kitchen was indeed large enough. - The elimination of the shuffleboard courts was discussed. It was mentioned that the shuffleboard courts at the existing center were :uOder utilized, but it was agreed that the shuffleboard courts should remain. It was also agreed that additional. programming efforts by the center staff were required to..-assure that the shuffleboard courts at the new center are fully utilized. ` Vivian Borns April 13, 1981 Page 2 - The center staff expressed concern regarding pedestrian passage between the outreach office and the center during inclement weather. It was agreed that a small enclosed passage should be included between the two portions of the building, and that this should include glass walls and roof to create a "greenhouse" effect. It was also agreed that the outdoor paving material used in the courtyard would be carried into this space. - The movable wall used to separate the two classrooms was discussed. It was agreed that a movable wall in this location was not required, and that a conventional solid wall should be provided instead. It was agreed that the steps remaining in the design of the new senior citizens' recreation center are: - The architect will provide presentation drawings of floor plan and elevations incorporating the comments above. - These presentation drawings will be used to estimate the construction costs of the planned 11,800 square foot facility, and to calculate any required revisions to the architectural services contract. - HCD staff and the Community Services Department will use these presentation drawings and cost calculations to prepare a revised budget for the project. I hope that these comments will be of assistance to you in documenting what transpired at our meeting of April 10, 1981. If you should have any questions, please call me at extension 5542. SVK:jb 90 WILLIAM LYON 19 CORPORATE PLAZA, N EWPORT BEACH, CA 92660 . (714) 833 -3600 March 11, 1981 Kamnitzer, Cotton, Vreeland 6330 San Vicente Blvd Los Angeles, CA 90048 Attention: John Cotton Re: Huntington Beach. Section 8 Dear ,John: Please submit to the City of Huntington, Beach as- soon as possible the utility survey plan showing the footprints of the proposed developments. This is needed to finalize service extensions to the various- new facilities. Sincerely, THB WILLIAM LYON CON PANY Brian V. Norkaiti.s Project Manager BVN:ss cc: Steve Kohler REAL ESTATE DEVELOPMENT City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 k OFFICE OF THE CITY CLERK October 16, 1980 Kamnitzer, Cotton, Vreeland 6330 W. San Vicente Los Angeles , CA 90048 Enclosed is your Certificate of Insurance which you returned to this office. Please sign Section E (Hold Harmless Agreement) and return to this office as soon as possible. If you have any questions please contact this office - 536-5405. Alicia M. Wentworth City Clerk AMW:cb enc. cc: Steve Kohler, HC0 October 8, 1980 Mr. Stephen V. Kohler Senior Community Development Specialist CITY OF HUNTINGTON BEACH P. 0. Box 190 Huntington Beach, California 92648 Dear Mr. Kohler: KAMNITZER, COTTON, VREELAND In accordance with your request, enclosed is the original and three copies of the required certificate of insurance for our insured, Kamnitzer, Cotton & Vreeland, This certificate shows their general liability and workers' compensation coverages . We trust the enclosures to be in order. If you need anything further, please give this office a call . Sincerely, Carol Krotine Assistant Manager Business Insurance Division :ck Enclosures cc: Mrs . Janice Axon ASSOCIATION ADMINISTRATORS & CONSULTANTS, INC. AIRPORT BUSINESS CENTER . DOUGLAS PLAZA . 18872 MAC ARTHUR BLVD. . SUITE 400 • IRVINE, CALIFORNIA 92715 • TELEPHONE (714) 833-0673 Vincent G. (poorhouse Stephen V. Kohler Director of Community Services Senior Community Development Specialist PROGRAM DESIGN FOR NEW SENIOR CITIZEN September 23, 1980 RECREATION CENTER Attached please find a memo from Joan 0 j a of October 31, 1978 providing the organization and employment at the existing Senior Citizen Recreation Center. The information contained in this memo was used as the basis for the schematic design of the new recreation center building. Since there has been substantial personnel and fiscal changes since this information was compiled, please review the attached memo and forward your comments to me taithin ten days. This information is required at this time because the architect for the new facility has commenced work on the working drawings. If you should have any questions, please call me at extension 5542. SVK:s h Attachment J� City of Huntington Beach t P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY ADMINISTRATOR September 16, 1980 Kamnitzer, Cotton, Vreeland 6330 West San Vincente Boulevard Los Angeles, California 90048 SUBJECT: CERTIFICATE OF INSURANCE: SENIOR CITIZEN RECREATION CENTER Attention: Janice Gent lemen: Enclosed please find certificate of insurance forwarded to us by Association Administrators and Consultants, Inc. regarding your participation on the subject contract. Unfortunately, this format is unacceptable to the City's Attorney and we have enclosed the City's form of certificate of insurance. Please have this new form completed by your insurance carrier and return it to us. We regret that you did not receive this form with the copy of your executed contract. If you should have any questions, please call me at (714) 536-5542. Very truly u , i • Ste oh r, Senio omm ity Development pecialist SVK:jb Telepbone (714) 536-5201 c1cord r �'rel AN(. ADDRESS OI AnfNCY ASSOCIATION ADMINISTRATORS & CONSULTANTS, INC COMPANIES AFFORDING COVERAGES 18872 Mac Arthur Boulevard, Suite 400 COMPANY A HARTFORD ACCIDENT AND INDEMNITY COMPAN` Irvine, California 92715 FTTER Phone 714/833-0673 COMPAN LETTER Y B THE EMPLOYER'S FIRE INSU_R_AN_C_E__COMPANY NAMI AND AODWSS Of INSURED KAMNITZER, COTTON & VREELAND LETTE OMPRNY C 6330 West San Vincente ---- -- ------ — — Los Angeles, California 90048 TTER D COMPANY LETTER L. ':to certify that policies of insurance listed below have been issued to the Insured named above and are in force at this time. Notwithstanding any IPqulremWit,term or condition ny contract or other document with respect to which this certificate may be Issued or may pertain,the insurance afforded by the policies descr,hed herein Is subject to all the I,!,Ir15, exclusions and conditions of such policiei. POLICY Limits of Liabilitt�r in Thousan s „ TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE F UCi U R 4 RE H WE AGGREGATE GENERAL LIABILITY �_ -- - -- -- -- � — BODILY INJURY f $ B LAJ)cOMPRFHENSIVE FORM �1 PRFM6(S OPERATIONS PROPE RTY DAMAGE s s [. ) IXPLOSION AND COLLAPSE HAZARD L.� UNDFRGROUND HAZARD FAW 41 73 24 3/l/82 TA, PRODUCTS!COMPLFTED wll' OPERATIONS HAZARD RODII Y INNJJURY ANO i /� F1 (lINTRAC.TUAL INSURANCE PROPfRIYDAMAGE � s 500 s 500 BROAD FORM PROPERTY COMRINED DAMAGE INDEPENDENT CONTRACTORS [-1 Pf RSONAL INJURY Pf RSGNAI !N 11IHo $ 500 AUTOMOBILE LIABILITY — RL,DILY INJURY— ---- ((_ (FACHPERSON) K L .�1 uE OMPRE HENSIVE FORM BODILY INJURY $ B I. wNFn (EACH ACCIDENT, J l J HIRED rROPERTY DAMP,d INJIXl NnN OANFD FAW 41 73 24 3/l/82 Roun Y PROPT RTY AP 4nC,i AN[) $ 500 DAn COMBINEI' 6CESS LIABILITY HOLIL Y INJURY ANI, UMHRLILA FORM 4 ! E _ F'ROFf RI V DAMALI OTHER I HAN UMBRELLA CUMHINF P I I I ORM iWORK ERS'COMPENSATION A and 72WJ 401247W 9/1/81 EMPLOYERS'LIABILITY t IOU OTHER ICI RIPTION OF OPERATIONS/LOCATIONS/VEHICLES PROJECTS: SENIOR CITIZENS CENTER - OLD CIVIC SITE MAIN STREET BRANCH LIBRARY REMODEL Cancellation: Should any of the above described policies be Cancelled before the explr,tlon date thF•reof. the ,sulnft OTTI pany will endeavor to mail J() _ days written notice t,�) the below nanr'd cethfi( II(, ilE)II;ei, I.IIt to mail such notice shall impose no obligation or liability of any kind upon the( cm-ilmny AND ADDRESS OF CERTIFICATE Hot DER CITY OF HUNTINGTON BEACH — -- -- - - -, GATE ,S,uJ September-9, 19�4 - --sd - _ NAME Attn: Stephan Kohler Senior Community Developer Specialist P.O. Box 190 _ -AL}.L11(� RESF N!.ATIVI -- - Huntington Beach, California 92648 - AI.()RI)?5(I 19) September 10, 1980 Mr. Stephan Kohler Senior Community Developer Specialist CITY OF HUNTINGTON BEACH P.O. Box 190 Huntington Beach, California 92648 Mr. Kohler: KAMNITZER; COTTON &'VREELAND At the request of our insured, Kamnitzer, Cotton & Vreeland, we have enclosed a renewal Certificate of Insurance showing their General Liability and Workers' Compensation insurance coverages. We have requested from their Professional Liability insurance carrier, Northbrook Insurance Company, a Certificate of Insurance issued to you. They currently carry a limit of $250,000 with a $5,000 deductible under Policy No. 63-130642. This certificate will be sent to you as soon as we receive it from the company. We trust the enclosed to be in order. Please call this office if you have any questions. Sincerely, Sherall Gradias Senior Casualty Analyst Business Insurance Division :sdg Enclosure cc: Mrs. Janice Axon Kamni.tzer, Cotton & Vreeland ASSOCIATION ADMINISTRATORS & CONSULTANTS, INC. AIRPORT BUSINESS CENTER • DOUGLAS PLAZA . 18872 MAC ARTHUR BLVD. . SUITE 400 • IRVINE,CALIFORNIA 92715 • TELEPHONE (714) 833-0673 Jr-� City. of Huntington Beach P.O., BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY ADMINISTRATOR August 26, 1980 Mr. John 0. Cotton Kamnitzer, Cotton, Vreeland 6330 West San Vicente Los Angeles, California 90048 SUBJECT: STAFF COMMENTS DESIGN OF SENIOR CITIZEN RECREATION CENTER Dear John: Enclosed please find notes of the proceedings of the staff meeting regarding preliminary design for the Senior Citizen Recreation Center. You will note that several issues regarding the previously prepared schematic design are included in these notes. It's been suggested that you, or your representative, meet with those staff members that will be directly involved with the operation of this facility. Please contact me at your earliest convenience to arrange such a meeting and to discuss the enclosed comments. Very truly yours Stephen V. K ler Senior Comm ity Development Specialist SVK:jb Enclosure NEW SENIOR CITIZEN CENTER MEETING Monday, August 25, 1980, 10:30 a.m. Minutes Present: Vince Moorehouse, Vivian Barns, Bill Fowler, Mike Rodgers, Stephen V Koh I er - Arbor, should it be included? At least a low maintenance material should be used. Pressure treated wood? Corten? - "The Wall" Too much money. Use colors and horizontal lines to tie facilities. Skylight OK. Low maintenance a high priority. Control point at main entrance. - Capacity of meeting rooms? Community Service Representative to be appointed. Kitchen to be commercially equipped? Investigate other similar senior centers. Emphasize natural ventilation; not to be air conditioned. Perhaps use mechanical system to provide fresh air. Coordinate architect and COA on housing units too. r City of Huntington Beach ,: • "i CALIFORNIA 62646 P.O. BOX 190 OFFICE OF THE CITY CLERK August 20, 1980 Kamnitzer, Cotton, Vreeland 6330 W. San Vicente Los Angeles, CA. 90048 The City Council of the City of Huntington Beach at its regular meeting held August 18, 1980 approved an agreement between the City and your firm for services regarding the new senior citizens recreation center in the amount of $33,333. Upon receipt of your certificate of insurance, said agreement will be executed and a copy forwarded to you for your records. Alicia M. Wentworth City Clerk AMW:bt Enclosure CC- Steve Kohler, Housing & Community Development l '� t THE AMERICAN INSTITUTE OF ARChi FECTS I AIA Document 8141 Standard Form of Agreement Between Owner and Architect, 19" EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the �� day of G`� �- in the year of Nineteen Hundred and CI y A(- BETWEEN the Owner: The City of Huntington Beach and approved by the Huntington Beach City Council and the Architect: Kamnitzer, Cotton, Vreeland For the following Project: (include detailed description of Project location and scope.) New Senior Citizens Center at Old Civic Center Site The Owner and the Architect agree as set forth below. Copyright 1917,1926, 1948, 19S1, 1953, 1958, 1%1, 1%3, 1966, 1%7, 1970, 1974, ® 1977 by the American In.titute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material her..-in or substantial quotation of Its provisions without permission of the AIA violates the copyright laws of the United states and will be subject to legatl prosecution. AIA DOCUMENT 8141•OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• IULY 1977• AIA*• ®1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 i TERMS AND CONDITIONS OF AGREEMLNT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE—ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the.Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1,2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or. Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shill visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc.- tect shall not fug required to matte exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on site inspection~ to check the quality or quan- ity of the Project or in the Project budget authorized by City of the Work. On the hasis of such on•,ite ohserva- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, in(] ings and Specifications setting forth in detail the require- shall endeavor 10 guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means. the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 8141-OWNER-ARCHITECT AGREEMENT- THIRTEENIH EDITION- IULY 1177 - AIAe• 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINCION, D.C. 2KV6 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Archiler.t will hay e Author- Work in accordance with the Contract Documents. Ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- ,vents, whether or not such Work be then fabricated, in- Work wherever it is in preparation or progress. stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review aoel ave or take to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals evaluations of the Contractors Applications for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 "The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap.review based on the Architect's observations at the site as pro- Hof a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of Which the item is a component. the Contractor's Application for'Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of thct Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.S.15 The Architect shall conduct inspections to deter- rectable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor.The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION.BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor,and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected,em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project reptesenta- artistic effect shall be final if consistent with the intent of lion shall not modify the rights, responsibilities or obliga- the Contract Documents. tions of the Architect as described in Paragraph 1.5. 1.7 ADDITIONAL SERVICES ' The following Services are not included in Basic: Services unless so identified in Article 15. '1i,c), shall be provided if authotited or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the. Whenever, in the Architect's reasonable opinion, it is compensation for fiasic Services. 4 5141-1977 A1A DOCUMENT 3141 -OWNER-ARCHITFCT AGREEMENT- 7111R1EENNI IDITION - 1E11Y 1977 - AIAt - �r�77 THE AMERICAN INSTITUTE OF ARCIIITEC75, 1735 NEW YORK AWNOE, N.W., WAVIINGION, D-* 70vib 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required u1 kramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of perfo nlance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract fur ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during 1.7.4 Providingservices relative to future facilities, s s- construction based on marked-up prints, drawings and y other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- 1 7.18 Providing extensive assistance in the utilization of structed during the Construction Phase. any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform'Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval, a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other docum nt hen such revisions are inconsistent jurisdiction over the Project.This schedule,when approved with written x4,%r instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirement~ for the Project including a program, which objectives, constraints'shall set forth the Owners design ob struction Cost is not commensurate with the services re- 6 j quired of the Architect, provided such Change Orders-are and criteria, including Spa('C requirement, and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.1S Providing consultation concernigg replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project,and their source. AIA DOCUMENT 5141•OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION- µ1LY 1'177 - AIA9- ©1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINCTON, D.C. 20006 814I-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by cation of the Architect and the Architect's consultanis, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. Cie 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade; including inverts and depths. rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect.Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con- tions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation, to de- poses the Contractor uses the moneys paid by or on be- termine what materials, equipment, component systems half of the Owner. and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract DOCU- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof, after execution of the Contract fot Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable. time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost tp the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified.by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- ma►ket rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect,without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 8141 -OWNER-ARCHITECT AGREEMI NT - TIIIRIILNTII EDITION- It4Y 1971- AIM• (q 1977 6 5141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE, NW., WASHINGION, D.C. 2000b with the fixed limit: the providing of such service shall be or extended through no fault of the Arc hilect, cumpema- the limit of the Architect's responsibility arising from the lion for any Batik Service% required for sue h exlendcd establishment of such fixed limit, and having done so, the period of Adnrinictration of the Con,tll.lctiun Conlrac t Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addl- performed, In accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1' No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for dUction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per- 5 .6 Expense of any additional insurance coverage or twining limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the the basiss of a Multiple of Direct Personnel Expense shall Additional Services and services performed on Architect and the Architect's consultants. be kept on the basis.of generally accepted-accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall he permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3. If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT 8141- OWNER-ARCHITECT ACRTLMENT- THIRTEENTH EDITION- JULY 1977 - AIAm - (F1 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASIIINGTON, D.C. M* B141-1977 7 other projects, for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Cornpensa- tect. tion earned to the time of termination, as follows: '8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publicatiort in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 S percent if termination occurs during any subse- ARTICLE 9 quent phase. ARTICLE 11 .1 All claims, disputes and of er matters In ques t MISCELLANEOUS PROVISIONS tween the parties to this Agreement, arising out o or re ing to this Agreement or the breach.thereof, sh be deci d by arbitration in accordance with the Co struc- tion I ustry Arbitration Rules of the America Arbitra- �' tion Ass ciation then obtaining unless the par es mutu- ally agree therwise. No arbitration, arising t of or re- lating to th Agreement, shall include, by onsolidation, joinder or in y other manner,any additi nal person not -61 INS a party to this reement except by wri en consent con- 11.3 As between the parties to this Agreement: as to all taining a specific eference to this Agr ement and signed acts or failures to act by either party to this Agreement, by the Architect,t Owner,and an ther person sought any applicable statute of limitations shall commence to to be joined. Any c sent to arbit tion involving an ad- run and any alleged cause of action shall be deemed to ditional person or per ns shall t constitute consent to have accrued in any and all events not later than the rele- arbitration of any disp not escribed therein or with vans Date of Substantial Completion of the Work, and as any person not named o de ribed therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any reement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or per IT duly consented to by the issuance of the final Certificate for Payment. parties to this Agreeme shall a specifically enforceable under the prevailing ar Itration 9.2 Notice of the mand for arbi tion shall be filed in writing with the er party to this reement and with rt t r r reperty inwrenee during eenstrumien ag t the American A itration Association. he demand shall be ed made withi a reasonable time after t e claim, dispute or other mat r in question has arisen. In o event shall the deman for arbitration be made after t date when institutio of legal or equitable proceeding based on such cl , dispute or other matter in question ould be - barre y the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by-the arbitrators shall be inal, SUCCESSORS AND ASSIGNS ar judgment may be entered upon it in accordance ith pplicable law in any_court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- Ntrrformed to termination date, together with Reimburs- ments, either written of oral, This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT 1141•OWNER-ARCHITECT AGREEMENT • THIRTEEN-114 EDIIION• IIILY 1977 - AIAl • (�1977 a i1141-197r7 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. U r a�ut>d ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement,as follows: 14.1 AN INITIAL PAYMENT of dollars($ ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert haws of compen)ation,including fixed amounts, multiples or percentages, and identify Phases to which part,cular methods of compensa- lion apply, it necessary 1 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate! Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Construction Documents Phase: percent ( . %) Bidding or Negotiation Phase: percent ( "a) Construction Phase: percent 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 1141 - OwwER•ARCHITECT AGREEMENT - THIRTEENTH EDITION,- IDLY 1977 - AIM - 10 19-7 THE AMERICAN INSTITUTE O/ ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1141-1977 9 ARTICLE 15. EXHIBIT "A" : Attached hereto is Exhibit "A" to this Agreement which is - incorporated by reference herein as though fully set forth. ARTICLE 16. DISPOSITION OF INSPECTION FINDINGS , REPORTS AND OTHER DOCUPIFNTS; ARCHITECT agrees that all reports , both field and office notes , calculations , and other documents , shall he turned over to OWNER upon completion of PROJECT. OWNER hereby agrees to indemnify, hold harmless, and defend ARCHITECT for and against any and all claims resulting from or arising out of the use of the reports prepared by ARCHITECT for OWNER. ARTICLE 17. DISCRIMINATION: ARCHITECT agrees that in the performance of the terms of this agreement , it will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of race , religious creed , color , national origin, ancestry , physi- cal handicap , medical condition , marital status, or sex of such persons , except as provided in Section 1420 of the California Labor Code. Violation of this provision may result -In the imposi- tion of penalties referred to in Division 2. , Part 7 , Chapter 1 of the California Labor Code. ARTICLE 18. INDEMNIFICATION , DEFENSE, HOLD HARMLESS: ARCHITECT shall defend , indemnify and hold harmless OWNER , its officers , agents and employees , from and against any and all liability , judgments , damages , costs , losses , claims , includ- ing Workers' Compensation claims , and expenses resulting from or connected with ARCHITECT'S negligence or other tortious conduct in the performance of this agreement. 1 . d ARTICLE 19. WORKERS' COMPENSATION: ° ARCHITECT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable. ARCHITECT shall furnish to OWNER a certificate of Workers' Compensation insurance. The insurer shall not ,cancel or modify the policy without thirty ( 30) days' prior written notice to the OWNER. In the alternative , the ARCHITECT may show proof of a certificate of consent to self-insure issued by the Director of Industrial Relations according to California Labor Code Section 3800. ARTICLE 20. INSURANCE: ARCHITECT shall obtain a policy of comprehensive bodily injury and property damage liability insurance , and maintain such policy in effect for the period covered by this agreement , providing coverage for bodily injury and property damage in the minimum amount of $300 ,000 combined single limit per occurrence. The policy shall name , as additional assured , OWNER and its officers and employees , while acting within the scope of their duties , against all claims , suits , or other actions of any nature brought for or oh account of any injuries , damage or loss , including any deaths arising out of or connected with the work of ARCHITECT under this contract. ARCHITECT shall fur- nish OWNER a certificate of insurance from the insurer evidencing compliance with this paragraph and providing that the insurer 2. shall not cancel or modify the policy without thirty (30) days' prior written notice to OWNER. ARCHITECT shall give OWNER prompt and timely notice of any claim made or suit instituted . In addition , ARCHITECT shall furnish to OWNER a certificate of insurance evidencing an errors and omissions insurance policy in an amount not less than the contract price of this agreement. ARTICLE 21. INDEPENDENT CONTRACTOR: It is further understood and agreed that ARCHITECT is , and shall be , acting at all times as an independent contractor herein and not as an employee of OWNER. ARCHITECT shall secure at its expense , and be responsible for any and all payment of income tax , social security, state disability insurance compensation , unemployment compensation and other payroll deductions for ARCHI- TECT and its officers , agents and employees , and all business licenses , if any, in connection with the services to be performed hereunder. ARTICLE 22. CITY and ARCHITECT hereby agree to delete Sections 11.1 and 11. 4 from the "Standard Form of Agreement between OWNER and ARCHITECT," AIA Document D141. 3• EXHIBIT "A" The terms and conditions of AIA Document B141, Owner-Architect Agreement, July 1977 Edition are hereby modified as follows : 1. Article 6 - Payments to Architect - Delete Section 6 .1.1 thereof in its entirety and substitute the following therefor: "Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation: " Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 50% Bidding Phase 5% Construction Phase 10% Add wording in Subsection 6 . 2.1 as follows : "All such statements shall be certified under penalty of perjury by a principal of Architect to be true and correct services performed and in the case of Basic Services , the ratio of such services to the total of any phase of the work to which such services relate . " 2 . Delete Article 14 in its entirety and substitute wording as follows : "The Owner shall compensate the Architect for Basic Services as des- cribed in Article 1 the total sum of $33,333 which represents 8. 0 percent of a construction budget of $416,667 and payments shall be made in accordance with the provisions of Article 6 above. " "The Architect shall provide professional services for the project in accordance with the Terms and Conditions of this Agreement . " "The Owner and Architect agree in accordance with the Terms and Con- ditions of this Agreement that if the scope of the project is changed materially, compensation, shall be subject to renegotiation. " EXHIBIT "A" J IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day,month and year first above written. ATTEST: CITY OF HUNTINGTON BEACH e t Mayor REVIEAD AND APPROVED: APPROVED AS TO FORM: A/A ;. i y. Administrator City orney INITIATED AND APPROVED AS TO CONTENT: rector of Development Services ARCHITECT: KAMNITZER, CQTTON,VREELAND By Rotukn original and three copies of 4 - Distribution: Original—Originating pt. cdmpleted certificate to: CERTIFICATE OF INSURANCE After Approval Yellow—Risk Manager By City Attorney Pink—City Clerk City of Huntington Beach TO Dept. i..- , Gold—City Attorney P.O.Box 190 : CITY OF HUNTINGTON BEACH,CALIFORNIA Huntington Beach.California 92648 A MUNICIPAL CORPORATION This is to certify"tKat the policies of insurance as described below have been issued to the insured by the under- signed and are in,force at this time. If,these policies are cancelled or changed in such a manner that will affect this certificate;the insurance company agrees to give 30 days prior written notice,by mail,to City of Huntington Beach,P.O. Box 190, Huntington Beach,California 92648. Name of Insured_. KAMNITZER i COTTON & VREELAND Address of Insured ,.6�30 West San Vicente, Los Angeles, California 90048 Senior Citizens enter-u O vIc Site Location of Work or Operations to be performed Mein Street Branch Library ; Description'of Work or Operations Architectural Services . � � � •_ �.•_... :..-:..",„ w:.+x.:;LL.u:.•G.:..J'iay!.w'et.i+riw:u.w�.o..rrlYawwhwrfio...wr:-....r.. POLICI IN FORCE POLICY LIMITS OF LIABILITY ate,: NUMBER EFFECTIVE EXPIRATION A. Workers Compensation ~ Statutory Emplovers' Liability 2t's"40124 9/1/80 9/1/81 $ 100,000 (where,a plicable) B. Public Liability: Bodily Injury: Combll'led` Single Limit Manufacturers and Contractors $ 5006*'100 ® Each Person 'Comprehensive •AW417324 3/1/79 3/1/82 General o $ 500 s*9 .4 Each Accident " (Including,products completed "' operations) ' 500,000 Property Damage $ Each Accident C Automobile Liability: (where applicable) ; Bodily Injury $ * Each Person $ Each Accident Property Damage w) $ * Each Accident Does policy cover: (Please check at least one) All owned automobiles ( ) Yes ( ) No Non-owned automobiles (X ) Yes ( ) No Hired automobiles (X ) Yes ( ) No At least one box must'be checked IYES if automobile insurance applies. D: Additional•Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, 'l servants or employees of the City of Huntington Beach, when acting as such.are additional insureds hereunder, for the 1114. acts of the insured,and such insurance-shall•be•primary-to any-insurance of the City of Huntington.Beach. E. Hold Harmless Agreement: By Insured: (Signature) The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss,damage or expense by reason of any suits, claims, demands,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. Remarks:This,certificate is not an insurance policy and does not F. APPROVED AS TO FORM: amend,extend or alter the coverage afforded by the policy. 0 & 'Above do r of apply to Workers' Compensat'(on`('ol icy GAIL HUTTON:: City Attorney Deputy City Date AUTHORIZED 8, 1980 AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY By ��►� -s—. f Name HARTFORD ACCIDENT & INDEMNITY COMPANY Signature ed R,ee of Authorize 'presentative/Agent horwalK, Calfiornia (Workers= Compensation) 18872 MacArthur Blvd. , 4t10 AddressEhmoinytrm FTRF TNrtllRANrr P.(WPANY Address 18 _ .Arth_.__a_ d. , # Los Angeles, California (Liabil itd) +r ""�' City Telephone 714/833-0673 Ext. 5'3 CERTIFICATE OF INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policy(ies)listed below. Name and Address of Insured: Kamnitzer/Vreeland, Inc. and John Oliver Cotton Associates , dba Kamnitzer Cotton Vreeland, Architecture & Planning 6330 San Vincente Blvd. , Second Floor Los Angeles , California 90048 This is to certify that the policy(ies)of insurance listed below have been issued to the insured named above and are in force at this time. TYPE OF INSURANCE: Architects & Engineers Professional Liability and operations/locations only. covered thereunder NAME OF INSURER: Northbrook Excess and Surplus Insurance Company 100 Allstate Plaza South, Northbrook, , Ill. 60062 POLICY NUMBER: 63 130 642 POLICY PERIOD: 17 August 1980 to 17 August 1981 LIMITS OF LIABILITY AND DEDUCTIBLE: $250 - 000 each claim and 0� in the annual aggregate; subject o a deductible of 5 0 0 Should the described policy(ies)be cancelled before its(their)expiration date,the undersigned will endeavor to give _3-0.-days written notice to the certificate holder,but failure to give such notice shall impose no obligation or liability of any kind upon the undersigned or upon the insurer. Name and Address of Certificate Holder: City of Huntington Beach P. O. Box 190 Huntington Beach, California 92648 Attn: Stephen Kohler Senior Community Developer Specialist Project : Senior Citizens Center/The Old Civic Site Main Street Brancfti rary Remodel _ SJA , 0 HAN&COMPA NC. O PI v sto inois60201Date: g-11-80 sM 102-9 6/7s B m� CERTIFICATE OF INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded.by the policy(ies)listed below. Name and Address of Insured: . KAMNITZER / VREELAND, INC. 6330 West San Vicente Los Angeles, California 90219 This is to certify that the policy(ies)of insurance listed below have been issued to the insured named above and are in force at this time. TYPE OF INSURANCE: Architects be Engineers Professional Liability and operations/locations only. covered thereunder NAME OF INSURER: Northbrook Excess and Surplus Insurance Compan 100 Allstate Plaza South, Northbrook, Ill. 60b62 POLICY NUMBER: 63 127 298 POLICY PERIOD: 22 January 1980 to 22 January 1981 LIMITS OF LIABILITY AND DEDUCTIBLE: $2509 000. each claim and 2250,000. in the annual aggregate;su ec �o a deductible of . "_. Sh uld the described policy(ies)be cancelled before its(their)expiration date,the undersigned will endeavor to give 30days written notice to the certificate holder,but failure to give such notice shall impose no obligation or liability of any kind upon the undersigned or upon the insurer. Name and Address of Certificate Holder: City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 ATTN: Steve Kohler, Senior Community Development Specialist Ref: Senior Citizens Recreation Center Y` SHA 0 HAN&COMPA NC. O e A i PI , v sto inois 60201 Date: SM 102-9 6/78 B September 23, 1980 Mr. Stephen V. Kohler Senior Community DevelopmentSpecialist CITY OF HUNTINGTON BEACH P. O. Box 190 Huntington Beach, California 92648 Dear Mr. Kohler: KAMNITZER; COTTON; VREELAND We have enclosed for your records a Certificate of Insurance showing our insured's professional liability insurance coverage to be with the Northbrook Excess and Surplus Insurance Company. As respects our insured's other insurance coverages, we have requested the insurance carrier to approve your own form and will forward to you just as soon as we receive their approvals. We trust the enclosed to be in order. Sincerely, Carol Krotine Assistant Manager Business Insurance Division :ck cc: Mrs. Janice Axon ASSOCIATION ADMINISTRATORS & CONSULTANTS, INC. AIRPORT BUSINESS CENTER • DOUGLAS PLAZA • 18872 MAC ARTHUR BLVD. • SUITE 400 • IRVINE,CALIFORNIA 92715 • TELEPHONE 1714) 833-0673 acor NAME AND ADDRESS OF AGENCY ASSOCIATION ADMINISTRATORS & CONSULTANTS, INC COMPANIES AFFORDING COVERAGES 18872 Mac Arthur Blvd., #400 LETTER A THE EMPLOYER'S FIRE INSURANC Irvine, California 92715 Phone 714/•�833-0673 COMPAN LETTER Y B HARTFORD ACCIDENT & INDEMNITY C NAME AND ADDRESS OF INSURED KAMNITZER, COTTON & VREELAND ETTER C 6330 West 'San Vicente Los Angeles, California 90048 COMPANY p ETTER L COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Limits of Liability in Thousands COMPANY TYPE OF INSURANCE POLICY NUMBER POLICY EACH LETTER EXPIRATION DATE OCCURRENCE AGGREGATE GENERAL LIABILITY A FC1COMPREHENSIVE FORM FAW 41 73 24 3/1/80 BODILY INJURY $ $ PREMISES—OPERATIONS PROPERTY DAMAGE $ $ ❑EXPLOSION AND COLLAPSE •. HAZARD ❑UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED 500 500 DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) A ❑ COMPREHENSIVE FORM FAW 41 73 24 3/1/8O (EBODILY INJURY ACH ACCIDENT) $ ❑ OWNED ❑ HIRED PROPERTY DAMAGE $ ® NON-OWNED BODILY INJURY AND PROPERTY DAMAGE $5OO COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY B and EMPLOYERS'LIABILITY 72 WJ 401247 9/1/79 $ 100 (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES PROJECTS: SENIOR CITIZENS CENTER - OLD CIVIC SITE MAIN STREET BRANCH LIBRARY REMODEL Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _—I.Q_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF HUNTINGTON BEACH DATE ISSUED: July 13, 1979 Attn: Stephan Kohler Senior Community Developer Specialist P. 0. BOX 190 UTHORIZED REPRESENTATIVE Huntington Beach, California 92648 y ACORD 25(1-79) NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ASSOCIATION ADMINISTRATORS & CONSULTANTS, -INC, 18872 Mac. Arthur Blvd., #400 COMPANY A THE EMPLOYER'S FIRE INSURANCE Irvine, California 92715 LETTER Phone 714/1833-0673 COMPANY • LETTER B HARTFORD NAME AND ADDRESS OF INSURED COMPANY KAMNITZER, COTTON & VREELAND LETTER 6330 West San Vicente - COMPANY D, Los Aggel es, California 90048 LETTER COMPANY E LETTER L. This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousands ) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ A COMPREHENSIVE FORM FAW 41 73 24 3/l/80 PREMISES—OPERATIONS _ - PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 5OO $ 5OO BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) A ❑ COMPREHENSIVE FORM FAW 41 73 24 3/l./80 (EACH Y INJURY DENT) $ ❑OWNED ❑ HIRED PROPERTY DAMAGE $ BODILY INJURY AND C NON-OWNED BODILY DAMAGE $500 COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and B EMPLOYERS'LIABILITY 72 WJ 401247 9/1/79 $ 100 (EACHACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES PROJECTS SENIOR CITIZENS CENTER - OLD CIVIC SITE MAIN STREET BRANCH LIBRARY-REMODEL Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail ---4Q- days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF HUNTINGTON BEACH DATE ISSUED: July 13 1979 Attn: Stephan Kohler e'-C Senior Community Developer Specialist P. O_ Box 190 D RE ENTATIVE Huntington Beach, California 92648 ACORD 25(1.79) NAME AND ADDRESS OF AGENCY ASSOCIATION ADMINISTRATORS & CONSULTANTS, INC. COMPANIES AFFORDING COVERAGES 18872 MacArthur Boulevard, Suite 400 . Irvine, California 92715 ETTER"Y A HARTFORD ACCIDENT & INDEMNITY COMPANY Phone 714/833-0673 COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY C LETTER KAMNITZER; COTTON & VREELAND 6330 West San Vicente COMPANY Los Angeles, California 90048 LETTER D COMPANY LETTER E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousan s LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM - ❑PREMISES—OPERATIONS PROPERTY DAMAGE $ $ ❑EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED .(EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and 72 WJ 401247 W 9/1/8' EMPLOYERS'LIABILITY $ 100 (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES PROJECTS: SENIOR CIZIENS CENTER - OLD CIVIC SITE MAIN STREET BRANCH LIBRARY REMODEL Cancellation: -Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail la _ days written notice .to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF HUNTINGTON BEACH DATE ISSUED:November 9 1979 Attn: Stephan Kohler Senior Community Developer Specialist P. 0. Box 190 Huntington Beach, California 92648 �- ACORD 25(1-79) ' CITY OF HUNTINGTON ACH INTER-DEPARTMENT COMMUNIC TI N HUNTINGTON BEACH To Gail Hutton Fro 0?1ames W. Palin, Director City Attorney C) Development Services Subject REVIEW OF CONTRACTS FOR Da a June 27, 1979 ARCHITECTURAL SERVICES; OLD CIVIC CENTER PROJECT Attached please find two contracts for architectural services between the City and the firm of Cotton, ree an o'11 Los Angeles. One contract is for services relating to the new Senior Citizens Recreation Center and the other is for services relating to the remodel of the Main Street Branch Library. The contracts are identical except . for the fee, and both include the preparation of construction documents and supervision through construction. These items are scheduled for consideration by the City Council on Monday, July 16 , 1979 at 6 : 30 P.M. Therefore, these documents must be forwarded to the City Administrator by July 6 , 1979 . If you should have any questions as a result of your review of these documents, please contact Stephen V. Kohler at extension 5541. As always, we appreciate your cooperation. SVK/dc a W9 oltro -4 r a. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH /J , From � / To Vivian Borns Joan 0 'a Director Seniors Recreation Center ORGANIZATIONAL CHART FOR Subject . SENIORS' CENTER STAFF - Date October 31, 1978 1 Director - full time 1 Secretary 1 Council on Aging Clerk-Typist 2 Job Employment Bank for Seniors 1 Housing Office 1 Discount for Seniors Program 1 Main telephone-Receptionist and Inventory Control. Clerk 2 West Side Receptionists 2 Game Room Monitors (plus Tournament Chairman) 1 Senior Citizens Membership & Council. on Aging Membership and Liaison 1 Arts & Crafts (Posters and Fliers). (In charge of Boutique) 14 Total All employees except Director on a 20 hour per week basis. Senior Center Volunteers - Using Center on a monthly basis: 6 Nurses (Blood Pressure screening) 1 Counselor 1 Para-legal (every Wednesday) 7 Tax-'trained (in all phases) Volunteers State & Federal, Housing rebates, etc. Every Tuesday 6 months out of the year 1 Glaucoma testing doctor all day 4 times per year 1 Audiology testing person (J day - 6 .times per year) 21 Craft classes (Knitting & Crocheting Group) Donating their time. ever Friday from noon until 4:00 PM for our Boutique Sales Money making projects) 38 Total Service Clubs: .4,a(, Boy Scouts/Students Help our Seniors at Center at various times throughout Tom _ _, the Vear. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Vivian Borns From Joan Oja, Director Seniors Recreation Center INFORMATION REQUESTED Subject RE: ORGANIZATIONAL CHART FOR Date October 31, 1978 OUTREACH STAFF 1 Co-ordinator - 35 hrs.' per week . 1 Clerk-Typist - 32 hours per week 2 -Information & Referral - 35 hours per week 2 Nutrition - Meals to the. Home* 1 Driver* 1 Newsletter Editor* 1 Volunteer for Seniors Co-ordinator* 4 Contact and Visitation* *All with asterisks are part-time employees 13 Total Outreach Volunteers using Facilities on a Monthly .Basis: 10 Bright Outlook 5 Community 15 �i' � � c f Y ,r�r �? v .� 1 —�--.•.... �;' ,�.� ,�Gr_ �. c �—., � . _� � t: ..s-x�.. 4' .,� �- .:�• r L r r^� yr i'� . TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents .re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1,1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction.Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE-ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment,or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1,2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by.written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by city of the Work. On the basis Of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard .the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 the Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • IULY 1977 - AIA® - ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- stalled or completed.. 1.5.7 The Architect shall determine the amounts owing stalls The Architect shall review and approve or take to the Contractor based on observations at the site and on 1.5.13 evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is.a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of they Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of the Work for con- in the Contract Sum or'an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum, itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor.The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor,and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected,em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic-form. In the capacity of interpreter and judge; hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project. Repre- result of any interpretation or decision rendered in gocrd sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 . The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES. those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall ment and in the Contract Documents. be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform.to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIAa • ©1977 4 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 0 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project.. . connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi— the Work of the Contractor, or by failure of performance ronmental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis Construction. sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing .documents of alternate, separate or the final.Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded.in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform'Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection; skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval, a, schedule for the performance of the .1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval other documents when such revisions are inconsistent of submissions and for approvals of authorities having jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given, by the Owner, shall not,.except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for th'e Project including,a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect,provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed.appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner, responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project,and their source. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977 - AIA®- Q 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5 2.3 The Owner shall designate, when necessary, a rep-' signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf.with the Architect. respect to the Project:. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR.CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents, proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con- tions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con- half of the Owner. tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- In the construction industry between the date of submis- peditiously as necessary for the orderly progress of the Sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost.(adjusted as provided in Subparagraph 3.2.3) is ex= ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- lion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect,without additional charge, shall mod-- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• 'THIRTEENTH EDITION• JULY 1977 • AIAD• ©1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200D6 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the lion for any Basic Services required for such extended establishment of such fixed limit, and having done so,.the period of Administration of the Construction Contract Architect shall be.entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article S shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the.Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project, or in part for more than three months, the Architect shall 5A.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph . 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested te basis Additional Services and services performed on the t3a by the Owner in excess of that normally carried by the sis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set r_luding reproducible copies, of Drawings and Specifica- forth in Article 1.4. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the.Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT Blot • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION• IULY 1977 • AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 other projects, for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional.Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the.Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publicatiort in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201,.General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner,any additional person not of this Agreement. a party to this Agreement except by written consent con 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner,and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed. to ditional person or persons shall not constitute consent to have accrued in any.and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein: This Agree= to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights - against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives.of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through.no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 - AIAR -Qc 1977 8 5141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, U.C. 20006 T E AMERICAN INSTITUTE OF ARCHI_)�ECTS AIA Document B141 Standard Form of Agreement Between. Owner and Architect IW7 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and, seventy seven BETWEEN the Owner: The City of Huntington Beach -and approved by the Huntington Beach City Council and the Architect: Kamnitzer, Cotton, Vreeland For the following Project: (Include detailed description of Project location and scope.) Main Street Branch. Library Remodel The .Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951,1953, 1958, 1%1, 1%3, 1966, 1%7, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION JULY 1977 • AIAO• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20W6 B141-1977 1 EXHIBIT "A" TO AGREEMENT DATED 1979 , BY AND BETWEEN OWNER AND ARCHITECT The terms and conditions of AIA Document B141, Owner-Architect Agreement, July 1977 Edition are hereby modified as follows : 1. Article 6 - Payments to Architect - Delete .Sectio:i. 6 .1 .1 thereof in its entirety and substitute the following therefor: "Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation: " Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 50% Bidding Phase 5% Construction Phase 10% Add wording in Subsection 6 .2. 1 as follows : "All such statements shall be certified under penalty of perjury by a principal of Architect to be true and correct .services performed and in the case of Basic Services , the ratio of such services to the total of any phase of the work to which such services relate . " 2 . Delete Article 14 in its entirety and substitute wording as follows : "The Owner shall compensate the Architect for Basic Services as des- cribed in Article 1 the total sum of $10, 714 which represents 12 . 0 percent of a construction budget of $89 , 286 and payments shall be made in accordance with the provisions of Article 6 above. " "The Architect shall provide professional services for the project in accordance with the Terms and Conditions of this Agreement. " "The Owner and Architect agree in accordance with the Terms and Con- ditions of this Agreement that if the scope of the project is changed materially, compensation shall be subject to renegotiation . " 3. Add Article 11 . 5. "Architect agrees to indemnify, hold harmless and defend City in all actions arising from all activities pursuant to this .contract . Architect further agrees to provide workers ' compensation insurance and supply proof of such insurance on the City ' s insurance form. Attached hereto is Exhibit "A" to this Agreement which is. incorporated by reference herein as though fully set forth in the place, first appearing in this document. This Agreement executed the day. and year first written above. BY B l— Y Mayor Kairnitzer, Cotton, Vreeland Date: ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED AS TO CONTENT: City Administrator ?1rector of Development Services THE AMEK.,:AN INSTITUTE OF ARC! ECTS AIA Document B141 Standard Form of .Agreement Between Owner and Architect, 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the_ day of in the year of Nineteen Hundred and seventy seven BETWEEN the Owner:. The City of Huntington Beach -and approved by the Huntington Beach City Council and the Architect: Kamnitzer, Cotton, .Vreeland For the following Project: (Include detailed description of Project location and scope.) Main Street Branch Library Remodel The Owner and the Architect agree as set forth below. Copyright 1917,1926,1948, 1951,1953, 1958, 1%1, 1%3, 1%6, 1%7, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977 e AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20" B141-1977 1 EXHIBIT "A" TO AGREEMENT DATED 1979 , BY AND BETWEEN OWNER AND ARCHITECT The terms and conditions of AIA Document B141, Owner-Architect Agreement, July 1977 Edition are hereby modified as follows : 1. Article 6 - Payments to Architect - Delete Sectio:i. 6 .1. 1 thereof in its entirety and . substitute the following therefor: "Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation: " Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 50% Bidding Phase 5% Construction Phase 10% Add wording in Subsection 6 . 2. 1 as follows : "All such statements shall be certified under penalty of perjury by a principal of Architect to be true and correct services performed and in the case of Basic Services , the ratio of such services to the total of any phase of the work to which such services relate. " 2. Delete Article 14 in its entirety and substitute wording as follows : "The Owner shall compensate the Architect for Basic Services as des- cribed in Article 1 the total sum of $10, 714 which represents 12 . 0 percent of a construction budget of $89 , 286 and payments shall be made in accordance . with the provisions of Article 6 above. " "The Architect shall provide professional services for the project in accordance with the Terms and Conditions of this Agreement. " "The Owner and Architect agree in accordance with the Terms and Con- ditions of this Agreement that if the scope of the project is changed materially, compensation shall be subject to renegotiation. " 4 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE-ADMINISTRATION 1:1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and.the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- 1,2 DESIGN DEVELOPMENT PHASE struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope Or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust-. Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - JULY 1977- AIAID- ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu-- Work wherever it is in preparation or progress. menu, whether not such Work be then fabricated, in- stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in.such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of they Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum_. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance .thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of.interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall ment and in the Contract Documents. be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION JULY 1977• AIA®• ©1977 4 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- . structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services-of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform IBasic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval, a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval other documents when such revisions are inconsistent of submissions and for approvals of authorities having Jurisdiction over the Project. with written approvals or instructions previously given, This schedule,when approved are required by the enactment or revision of codes, laws ex the Owner, shall not, except for reasonable cause, be or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the Services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the responsibility of the Owner, including those described in by the Owner. this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project,and their source. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA® • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2. 2.4 The Owner shall furnish a legal description and a .certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- rnents of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con- tions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation, to de- poses the Contractor uses the moneys paid by or on be- termine what materials, equipment, component systems half of the Owner. and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals.and decisions as ex- In the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect,without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 6141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION • IULY 1977 • AIA®• ©1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2WO6 with the fixed limit. The providing of such service shall be . or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition .to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the,interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project, or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per- 5 .6 Expense of any additional insurance coverage or t limits, including professional liability insurance, requested e basis by the Owner in excess of that normally carried by the the basiss of a Multiple of Direct Personnel Expense shall Additional Services and services performed on Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement, ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977• AIA® • C11977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 7 other projects, for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect, tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publicatiort in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal.place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any_other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter In question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA®• ©1977 8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Attached hereto is Exhibit "A" to this Agreement which is incorporated by reference herein as though fully set forth in the place, first appearing in this document. This Agreement executed the day and year first written above. By B Mayor Ka nitz�er, Cotton, Vreeland Date: ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED AS TO CONTENT: City Administrator Director of Development Services THE AMEkiCAN INSTITUTE OF ARCI . ECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION :.r. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH , AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and seventy- Seven BETWEEN the Owner: The City of Huntington Beach and approved by the Huntington Beach City Council and the Architect: Kamnitzer, Cotton, Vreeland For the following Project: (Include detailed description of Project location and scope.) New Senior Citizens Center at Old Civic Center Site The Owner and the Architect agree as set forth below. Copyright 1917,1926,1948, 1951, 1953,1958, 1%1, 1%3, 1%6, 1%7, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 200M. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141• OWNER•ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977• AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20W6 B141-1977 1 V EXHIBIT "A" TO AGREEMENT DATED 1979, BY AND BETWEEN OWNER AND ARCHITECT The terms and conditions of AIA Document B141, Owner-Architect Agreement, July 1977 Edition are hereby modified as follows : 1. Article 6 - Payments to Architect - Delete Section 6 .1.1 thereof in its entirety and substitute the following therefor: "Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation: " Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 50% Bidding Phase 5% Construction Phase 10% Add wording in Subsection 6 . 2 .1 as follows : "All such statements shall be certified under penalty of perjury by a principal of Architect to be true and correct services performed and in the case of Basic Services , the ratio of such services to the total of any phase of the work to which such services relate . " 2. Delete Article 14 in its entirety and substitute wording as follows : "The Owner shall compensate the Architect for Basic Services as des- cribed in Article 1 the total sum of $33, 333 which represents 8 .0 percent of a construction budget of $416 , 667 and payments shall be made in accordance with the provisions of Article 6 above. " "The Architect shall provide professional services for the project in accordance with the Terms and Conditions of this Agreement. " "The Owner and Architect agree in accordance with the Terms and Con- ditions of this Agreement that if the scope of the project is changed materially, compensation shall be subject to renegotiation. " TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE-ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other,subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1,2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall,visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost, familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or Con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project, deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION - JULY 1977 - AIA@ - ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., .WASHINGTON, D.C. 2CW6 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change .Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of the Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonaVy inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be. liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in gocrd sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall ment and in the Contract Documents. be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition- to the Whenever, in the Architect's reasonable opinion, it_is compensation for Basic Services. AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - JULY 1977- AIA® - ©1977 4 B141-1977 THE AMERICAN INSTI rUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform I Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval, a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with 21 The Owner shall provide full information regarding Change Orders to the extent that the adjustment in the p g g Basic Compensation resulting from the adjusted Con- requirements for th'e Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project,and their source. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20W6 B141-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs'which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions,'with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include Con- tions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systerns poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con- half of the Owner. tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the'Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- In the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect,without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT THIRIEENTH EDITION • JULY 1977 • AIA®• ©1977 6 0141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, U.C. 20006 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of. the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5 .6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested te basis Additional Services and services performed on by the Owner in excess of that normally carried by the the basiss of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6,1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement. ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1:3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - IULY 1977- AIAO• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 • other projects, for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default-under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect, tion earned to the time of termination, as follows: . 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publicatiort in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 . 9.1 All claims, disputes. and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. lion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other. party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 16.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • )ULY 1977- AIA®- ©1977 S. B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW 'YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Attached hereto is Exhibit "A" to this Agreement which is incorporated by reference herein as though fully set forth in the place, first appearing in this document. This Agreement executed the day. and year first written above. By 4Kaitzer, Mayor Cotton, Vreeland Date: ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED AS TO CONTENT: City Administrator Director of Development Services R s r . THE HARTFORD Named Insured and Address This endorsement forms a part of Policy NoIZ..Y' 40124 .... KMITZER,:CvrT(X YREELAUND issued by THE HARTFORD INSURANCE GROUP company desig. nated therein,and takes effect as of the effective date of said policy unless another effective date is stated herein. Effective date.y.1 ....................................Effective hour is the same as stated in the Declarations of the Policy. ADDITIOUL. INSURED EMPLOYER ENDORSEMENT IT IS AWEED THAT SUC14 I NSUM-CE AS IS AFFORDED BY THE POLICY ' DOER INSURIR9 AGREEMENT I ALSO APPLIES TO: CITY OFI'UNTIi��OK !EAC AND ITS CITY E{iWCIL AS AN ADDITIONAL INSURED EMPLOYER BUT (MLY AS RESPECTS E14PLOYEES HIRED BY AND CARRIED ON THE PAYROLL- OF WE EMPLOYER RAM} IN ITEM I. OF THE DECLARATION 4F TI3E POLICY. Nothing herein contained shall be held to vary,waive,alter,or extend any of the terms,conditions,agreements or declarations of the policy, other than as herein stated. This endorsement shall not be binding unless countersigned by a duly authorized agent of the company; provided that if this endorsement takes effect as of the effective date of the policy and,at issue of.said policy,forms a part thereof,countersignature on the declarations page of said policy by a duly authorized agent of the company shall constitute valid countersignature of this endorsement. Countersignedby................................................................................................ Authorized Agent G-2240-2 B Printed in U.S.A. 6274 1 • CITY OF Hunfl1GTon BEACH /J DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES P. O..BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5271 June 29 , 1979 Mr. John- O. Cotton Kamnitzer, Cotton, Vreeland 6330 W. San Vicente Los Angeles, California 90048 SUBJECT: Contract for Architectural Services Old Civic Center Project Dear John: Enclosed please find one copy of each of the two Agreements on the subject matter. You will notice that the amount of the construction budget for both the Senior Citizens Recreation Center and Library Remodel is stipulated in the Agreements as is the percentage upon which architectural fees were based. These documents are under review by the City Attorney and are scheduled._ for consideration by the City Council on Monday, July 16, 1979 at 6: 30 p.m. As we have discussed you and the other members of the develop- ment team should plan to attend this meeting. If you should have any questions, plpase give. me a call at (714) 536-5541. Very truly yours, Stephen V. Kohler Senior Community Development Specialist SVK:gc KAMNITZER COTTON VREELAND fy�Filixkdb� 6330 San Vicente Blvd. YGWAHKXK20MK Los Angeles, Calif. 90048 Architecture,Planning,Engineering (213) 937-3994 July 13 , 1979 City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648 Attn: Stephen V. Kohler Senior Community Development Specialist Re: Senior Citizen Center , Old Civic Center Site, and Main Street Branch Library Remodel Gentlemen: This will acknowledge that we are aware of and agree to the following clause inserted in the AIA Standard Form of Agree- ment between Owner and Architect for each of the referenced projects : Article 11.5 The Architects agree to indemnify, hold harm- less, and defend the City from all actions arising from all activities pursuant to this Contract. The Architect further agrees to provide Workman' s Compensation Insurance and to provide proof of such insurance on the City's insurance form. Ver rul y J n O. Cotton, A.I.A. JOC/e j Peter Kamnitzer,member American Institute of Planners John Oliver Cotton,member American Institute of Architects Thomas R.Vreeland,Jr.,member American Institute of Architects ��