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HomeMy WebLinkAboutReso 1986-12465 RESOLUTION NO. 12465 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ARCHITECT ROBERT F. ARMSTRONG TO DEVELOP PLANS FOR CONSTRUCTING A NEW FIRE STATION AT THE SITE OF THE CURRENT STATION AT 80 EAST "J" STREET, APPROPRIATING FUNDS AND AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Architect ROBERT F. ARMSTRONG, to develop plans for constructing a new fire station at the site of the current station at 80 East "J" Street dated the 6th day of May , 1986, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $11,090 be, and the same is hereby appropriated from the unappropriated balance of the General Fund and transferred to Account 1240-5201. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~bl~4cWinters, Director of Thomas J. H'arron, ./ a Safety City Attorney THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agree.m. ent 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 E±ghty $±× BETWEEN the Owner: THE CITY OF CHULA VISTA, a municipal corporation and the Architect: ROBERT F. ARMSTRONG For the following Project: (Includedetaileddescrip~onofProiectlocationandscope.) Architectual Services to Desgin a New Fire Station at 80 East "J" Street in the City of Chula Vista The Owner and the Architect agree as set forth below. ~/;,/ / TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE I ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approva] of governmental authorities hay- include normal structural, mechanical and electrical ing jurisdiction OVer the Project. engineering services and any other services included in Article 15 as part of Basic Services. 1.4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.1.2 The Architect shall provide a prelim[nan/ evalua- 1.5 CONSTRUCTION PHASE--ADMINISTRATION OF THE CONSTRUCTION CONTRACT lion of the program and the Project budget requirements, 1.$.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, wile terminate when final payment to the rive 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 mutua[ly 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 shale submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable ConstrL:ction Cost based on current lion as set forth below and in the edition of A[A Docu- area, volume or other unit costs, ment A201~ General Conditions of the Contract for Con- 1.2 DESIGN DEVELOPMENT PHASE structlon, 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- tot shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tact shale 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 cbaracter 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 be appropriate. 1.5.4 The Architect shall visit the site at intervals ap- 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 DOCU.MENTS 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- tact 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 lions 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 [nBs 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- ~rcb. itect shall not have control or cha.r, ae'~ ~/~j tion of the necessary bidding information, bidding forms, and. sh~l~ n~,.4ae,~espon$ib~~rn~ans~ [k ~.1~ the Conditions of the Contract, and the form of Agree- ~;:, ,~; ["~ ment between the Owner and the Contractor. ~~..~':~'-~'._::Z .~u, 1.3.3 The Architect shall advise the Owner of any adjust- ~~~tm-~. ~on with the ~ ~.any other persons performln~, *,,;, ,-,E ~ necessary or advisable for the implementation of the intent Work, or ' of'th ...... iI .W°rk' °r~e Onft~tahcern to ~arry' .out the ~f the Contract Documents, tbeArchitect will have author- ity to require special inspection or testing of the Work in .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, 1.5.7 The Architect shall determine the amounts owing stalled or completed. to the Contractor based on observations at the site and on 1..5.13 The Architect shall review and approve or take 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 5hop 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.S.4 and on the data comprising the Contractor's Application for Payment, that ~he Work assembly of which the item is a component. has progressed to the point indicated; that, to the best of 1.5.14 The Architect shall prepare Change Orders for the Architect's knowledge, information and belief, the qua[- the Owner's approval and execution in accordance with I ity of the Work is in accordance with the Contract Docu- the Contract Documents, and shall have authority to order ments (subject to an evaluation of the Work for con- minor changes in the Work not involving an adjustment formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time i which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, Documents. to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- l 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 t~e Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents i However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by 1 not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- i examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the Contract Sum. 1.5.16 The extent of the duties, responsibilities and lim- 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 uirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- ,ne performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 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 thq 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 from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an 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 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 intheW°rk, but the furnishing of such project representa- artistic effeci shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obiiga- 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, shall be subject to arbitration as provided in this Agree- The following Services are not included in Basic merit and in the Contract Documents. Services unless so identified in Article 15. They shall 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. 4 B141-1977 AIA DOCUMENT ~14r · OWNER-ARCHITECr AGREEMENT · THIRTEENTH EDiTiON · JULY 1977 · A[A'i~ , © 1977 T]-~E AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, 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 sites, and preparing special surveys, studies and submis- Construction. sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducibJe 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. terns 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- nished by the Owner. and maintenance, and consultation during operation. 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 requested by the Owner. 1.7.20 Preparing to serve or serving as an expert witness 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 1.7.9 Providing Detailed Estimates of Construction Cost, c[uded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectura] practice. tity surveys or inventories of material, equipment and labor. 1.8 TIME 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 or regulations subsequent to the preparation of such doc- exceeded by the Architect. urnents or are due to other causes not so]ely 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 tl~'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 bc 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. 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 representative shall examine the documents submitted by 3.1.3 Construction Cost does not include the compen- the Architect and shall render decisions pertaining thereto sation of the Architect and the Architect's consultants, promptly, to avoid unreasonable delay in the progress of the cost of the land, rights-of-way, or other costs which the Architect's services, are the responsibility of the Owner as provided in Arti- 2.4 The Owner shal] furnish a legal description and a cie2. 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 £va[uations of the Owner's Project budget, State- lng 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 ' below grade, including inverts and depths, nor the Owner bas control over the cost of labor, mate- 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 ~Jnd 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- [ished 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 put- 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 menu 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 thereof, amount of any increase in the Contract Sum occurring 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 2.10 The Owner shall furnish required information and iusted 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 ~ubparagraph 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 re4 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 designed or specified by the Architect. Paragraph 10.2, or (4) cooperate in revising the Proiect 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~ if,/the Drawings and Specifications as necessary to comply 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 tot 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 sucl~ portions of the Project shal~ 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 b d or negot ated 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 emplc~yee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SFJJVICES 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 5.1 Reimbursable Expenses are in addition to the Com- upon presentation of the Architect's statement of services pensation for Basic and Additional Services and include rendered or expenses incurred. 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 WorJ( 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 the Project. 6.4.1 If the Project is suspended or abandoned in whole 5.1.2 Expense of reproductions, postage and handling of or in part for more than three months, the Architect shall he 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 Architect's consultants, abandonment, together with Reimbursable Expenses then 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. 5.1.4 If authorized in advance by the Owner, expense of shall be equitably adjusted. overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. ARCHITECT's ACCOUNTING RECORDS 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 raining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis 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 ARTICLE 6 Owner's authorized representative at mutually convenient -- times. PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT DE BASIC SERVICES .ARTICLE 8 6.1.1 An initial payment as set forth in Paragraph 14.1 is OWNERSHIP AND USE OF DOCUMENTS the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of sen/- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Sen/ices 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 forth in Article 14. cJuding reproducible copies, of Drawings a~d Specifica- 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 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- ~ Termination Expenses include expenses d rec~'~'a~- tion of this Project by others provided the Architect is not t_r.i? .~a~to termination for which the Archit is not writing and with appropriate compensation to the Archi- percentage o~ total Basic and Add~'~5'na] Compensa- tect. tion~ea,,r~ned to the~,.~of terminaJj,~'C,, as follows:' I).2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the .1 ~S during t~l; Sche- Project is not to be construed as publication in derogation ~~'"'~ ........ of the Architect's rights. Develop~rl'~Phase; or ~TM ........ .2 ~CC~uring the Designj ARTICLE 9 C~Y/ ~ta~:. terminati°n °ECU rs du ring~se-' ARBITRATION ARTICLE 11 All claims, disputes and other matters ~ parties to this Agreement, arising t MISCELLANEOUS PROVISIONS to this Agreement or the breach thereof, be 11.1 Unless otherwise specified, this Agreement shall be deci arbitration in accordance with the governed by the law of the principal place of business of tion ustqz Arbitration Rules of the Americ Arbitra- the Architect. then obtaining unless the; J- 11.2 Terms in this Agreement shall have the same mean- therwise. No arbitration, arisin or re-. lng as those in AIA Document A201, General Conditions [ating to Agreement, shall include~ of the Contract for Construction, current as of the date joinder or ~ other manner, any ,erson not of this Agreement. a part' consent con- 11.3 As between the parties to this Agreement: as to raining a this and signed acts or failures to act by either party to this Agreement, by the Architect, : Owner, and sought to be joined. An) involving an ad- any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to ditional person or constitute consent to have accrued in any and all events not later than the rele- arbitration of any therein or with rant Date of Substantial Completion of the Work, and as any person not therein. This Agree- to any acts or failures to act occurring after the relevant merit to arbitrate and ar reement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or I: duly consented to by the issuance of the final Certificate for Payment. parties to this Agreeme be specifically enforceable under the prevailing; aw. 11.4 The Owner and the Architect waive all rights 9.2 Notice of the against each other and against the contractors, consult- J~bitration shall be filed in writing with the party to th~ Agreement and with ants, agents and employees of the other for damages coy- the American A an Associatio~l. The demand sba ered by any property insurance during construction as set be made withi,~y nable time ai~t~ the Claim, dispute forth in the edition of AIA Document A201, General Con- or other m~t.~r Jn question has arisen~ln no event shall ditions, current as of the date of this Agreement. The the deman~for arbitration be made aft~l: the date when Owner and the Architect each shall require appropriate ins}~tulio~/o.f' legal or equitable proceedings based on similar waivers from their contractors, consultants and SUCh c~a~,, cl~spute or other matter in ques~n would be agents. 'rely the applicable statute of h~ni~ations.~ i~udh~ema~Wna, rdm~endered by the arbitrators shaX be final, ARTICLE 12 judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS )licable law in any court having jurisdiction ther~f. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTICLE 10 representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tires 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. 10.2 This Agreement may be terminated by the Owner ~ARTICLE 13 upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. EXTENT OF: AGREEMENT 13.1 This Agreement represents the entire and integrated 10.3 in /he 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~,.-~-d.~ -.. ~'--~-~.. .... . ~__~. .~ ....... - ............. ;c:;. ~^~, ....... ,~ . amended only by written instrument signed by both Owner and Architect. 0 ~]141-1~77 AIA DOCUMENT B141 · OWNER-ARCH TECT AGREEMENT · THI~TEENTFI EOITION · UE¥ 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECrS 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C, 20006 .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 TWO Thoglsand Four Hundred Sixty ........... -dollars ($ 2,460.0(} 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: See Exhibit A. 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: Schematic Design Phase: ) TO be paic], initially Design Development Phase: ) as indicated in 14.1 percent ( 10 %) Construction Documents Phase: percent ( 15 %) Bidding or Negotiation Phase: percent ( 50 %) Construction Phase: percent ~ 15 %) percent ( 10 %) 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. 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: ........... ,;~ *pec,,/c services to WhiCh parttcular method~ of compensation Pappfy· if ne~le~sYaer)e,~) e,~d identify £rlncipaf~ See Attachment A, Paragraph 7 14.4.'~, FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and e ectric I ~eilg~ ..eering services and those provided under Subparagraph 1·7.21 or identified in Article 15 as par di- tional S'L~'~ges, a multiple of ~ tim~,~ to the Arch:_ ._ ~h services. · ~~ounts billed 14.5 F~de 15 as Reim- b~irc t :1, ec ~A lmSouanStsReie~-' 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within ( ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 15 OTHER CONDITIONS OR SERVICES This Agreement entered into as of the day and year first written above. OWNER ay~ r ,~y / ARCHITECT d~,nL ..... ~3 19~6 City of Chuia Vista Fire Department 447 F. Street ~ ~. ~-l~a, CA. 92010 Attn: ~z~iam d. Winters ~.srector of Public oa~y Gentlemen: · "~ ~e respectfully submit this proposal for architectural, structural electrical, and mechanical d~sign and We appreciate the opportunity to quote our fee for 'these 1. A complete set of working drawings ~,, ~ .... d~,g the architectural, ~ructural, mechanical and -~--~--~- ~u=~ ~=a~ +or the proposed New Fire Stataion ~2 ~ - ~w 80 ~ ~OLa~u at ~. d Street. ~ Provide complete book of specifications. 3. Assistance in bidding the project, review of bids, and assistance in preoaring the contract for the Fir*- Department. 4. Drawings prepared to meet all codes and ordinances, submittal for a plan check aod building permit and ..... ~ - o¢ =h~ City o¢ Chu!a Vis%a. co ...... on~ any rejections o~ ~ - ~ ~4~ will provide ~n ¢. '~ ~' - .-~ TUZ~ sets O~ drawings and ~oeczfzcations. A,~ other printino costs ~ bm =-,- ~he Fire Department. ~ 6. Minor change~ in the drawings~ not covered by th~ terms of the signed contract. 7. During the construction phase, the architect and engln~mrs wil~l provide shop drawing checking and ~ield inspection at an hourly rate of ~40.00 per hour. Th~ aqoreqate total ~ ~ ~- ~.. =h~ service will not ..... =~ ~1250~ 8. The client will be responsible for orovidi a description and establishment of wrop_~ =y ii .... a~ corners. This. office will pro,)i~e = ~'~ ~ grading gathered from thm ~ ~'-~ - c .... ng u,f grade sbmts o~ the existing site. 9. We will use th standard AiA conbrmct which ~a~ with the first proposal. ~ r~ ~or Eh~ .... - · - .... ~-=~:. ~ total ~'r ¢9840.00 ¢4~ .... ~ plus =~). acceptmd~ we ,~.~,,~ ~ A deposit o~ ~¢-~-=~6~. ,.'~ ,' = · ~e tB pazd as mutually agreed upon in th~ c~n~ ..... .......... uzscuss~no the proceedures with '~n~ .... -,,,~,, on the ~i~. they i,.d.c=~=~ that a lot of water is used in a drill. I feel this could bm a problem especially since the ground seems to have a matural slope to the new building from the back portion of the lot. in reading the report of 11/4/85, it seems there is an ) At ~lis indication of a qle~n air room to be built on the location of ) t~, the County weather station. If this office is asked to ) is not provide any drawing for this faci!ity, this will be an ) of ~e a~ditional cost to be agreed upon. ) pr0j~t. Thank you again for the opportunitv- to submit this proposal and a~ait your ~--~ ' ' ~obert F. ~rmstrong