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HomeMy WebLinkAboutCOURTLAND PAUL/ ARTHUR BEGGS - 1970-07-06u r E :/ ORIGINAL COPY for 'Master File MUST BE RETURN� CONTRACT FOR T R CITY CLERK • 5 2 A`RCHITECTURAL 'SERVICES 3 4 THIS AGREEMENT, by and between the CITY OF HUNTINGTON BEACH, ' V, ' 5 a municipal corporation of the Stage of CaliforniAx hereinafter 6 ca led "CITY", and COURTLAND PAUL / ARTHUR BEGGS, hereinafter, ,t 7 referred to as "ARCHITECT", g W I T N B S S E T H 10 11 WHEREAS, %ITY proposes to construct SPh.L111 12- NEIGHBORHOOD PARK, an a^ea of approximately eleven (11) acres; 13 and 14 ARCHITECT is a landscape architectural firm the rin',pal P , p 15 members of which are duly registeree;._nder the laws of the State• q -� - 16 of California; and '~ <' 17 The DIRECTOR OF PUBLIC WORKS is the representative of CITY; 1.8 and ARCHITECT has completed the Master Defelopment Plan for } 18 Springdale -Heil Park, together with the necessary preliminary 20 studies, v 21 NOW THEREFORE, IT IS PfiJTUALLY AGREED between thu parties 22 hereto that: 23 1. ARCHITECT shall prepare and; furnish to CITY, complete 24 and reakA, for use, all necessary additional studies, estimates, 25 working drawings and specifications, shall check shop drawings, I 26 catalog cuts, material lists as submitted by the construction till 27 contractor; shall furnish consultation a^d advice as required by 28 CITY during construction, including supervision and evaluation ^9 of specified tests as further defined herein, (but ,lot including 30 the day-to-day superintendence of the construction work, which + 31 will be provided by CITY) and shall fur vaish all other archi- 32 tectural and engineering services, (except those provided by 4 t7'7 ' U •r a 1 by•CITY as At may require in SPRIN4DALE-HEIL PARK, without any 2 additional cost, except that said drawings, etc, cannot be used 3 for other parks in the city. 4 3• The CITY shall furnish a certified land survey of the 5 site giving, as applicable, grades and lines of streets, pavements, 6 and adjoining property; right's -of -way, restrictions, easements, 7 encroachments, boundaries and. contours of the site; other improve- 8 ments; and full information concerning available service and 9 utility lines both public and private. 10 The CITY shall furnish the services of a soils engineer, 11 when such services are deemed necessary by the Landscape Architect, ' 12 including reports, test borings, test pit,, soil bearing values 13 and other necessary operations for determining subsoil conditions. 14 The CITY shall furnish structural, mechanical, chemical and 15 other laboratory tests, inspections and reports as required by law 16 or the Contract Documents. 17 The CITY shall furnish legal, accounting and insurance 18 counselling services as may be necessary for the Project,, and such 19 auditing services as he may require to ascertain how or for what 20 purposes the Contractor has used the moneys paid to him under the 21 Construction Contract. 22 The services, information, surveys and reports required above 23 shall be furnished at the CITY's expense, and the Landscape 24 Architect shall be entitled to rely upon the accuracy thereof. ! 25 If the CITY observes or otherwise becomes aware of any fault 26 or defect in the Project or non-conformance with the Contract 27 Documents, he shall give prompt written notice thereof to the 2,8 ARCHITECT. 29 The OITY shall furnish information required of him as 30 expeditiously as necessary for the orderly progress of the work. 31 The, CITY shall provide all necessary offsite sanitary sewer i 32 engineering and storm sewer engineering :or the CITY's Master 1 Plan of Drainage. 2 4. ARCHITECT shall visit the site and shall hold monthly con- 3 ferences with representatives of CITY and take such other antics s` 4 as may be necessary to obtain tale data upon which to develop the s 5 design showing the contemplated project in accordance with the 6 following: 7 (a) Design Development Phase: ARCHITECT shall complete the 8 design development phase from the approved Master Development 9 Plan and within City directives. Such drawings, site plans, 10 elevations and outline specifications will fiat and describe the 11 final size and character of the project. Structural, topographical, 12 and engineering systems will be designed in detail and a refined s 13 Statement of Construction costs will be submitted. Within sixty 14 (60) days after receipt of survey and data .from the CITY, this 15 phase shall be submitted to the Director of Public Works fo.v � -- 16 signature approval. ARCHITE(Ir shall change the design develop-• 17 r;:ent plans for the project to the extent necessary to meet the 18 requirements of the DIRECTOR OF PUBLIC WORKS. The CITY shall ( 19 complete the review of this phase within sixty (60) days there- 20 after. After approval by signature of the Director, ARCHITECT 21 shall furnish necessary prints of the approved design development 22 plans to the Director as specified in Exhibit "A". 23 (b) The Construction Documents Phase; After approval of 24 the design development phase plans and estimates, ARCHITECT shall 25 proceed with the preparation of complete working drawings and 26 specifications as required by the DIRECTOR OF PUBLIC WORKS for .�4 27 the construction of said project. An original and five (5) copies . 28 of the working drawings, specifications and estimates shall be 29 delivered to the DIRECTOR OF PUBLIC WORKS within one hundred 30 sixty five (165) calendar days after approval of the design 31 development phase. After working drawings and specifications 32 have been approved by CITY, as indicated by the signature thereon 4 y NJ of the Director, ARCHITECT shall furnish sets of prints of the approved working drawings and sets of ;he approved specifications as may be required by the Director as per Exhibit "A". 5. Upon approval of final plans, ARCHITECT shall deliver to CITY one (1) set of tracings and specifications in such medium r; 6 and on such materials as may be required by the DIRECTOR Or, 7 PUBLIC WORKS suitable for printing, showing complete approved 8 construction requirements. Such tracings as are delivered shall 9 be signed by the Director as an indication ..f approval thereof v 10 and shall become and remain the property of the CITY. 11 6. ARCHITECT shall perform and provide all necessary archi-- t 12 tectural and engineering services of every kind in connection- 13 with the studies, designs and the preparation of drawings and 14 specifications, but said services shall not, unless otherwise 15 d stipulated, include surveys and soil ..ests or superintendence of 16 construction work executed from the drawings and specifications, 'i 11' provided, however, that, ARCHITECT shall furnish supervision and, 18 upon request and without additional compensation, such amplifi- 19 cations and explanations and attend such conferences as may, in 20 the opinion of the DIRECTOR OF PUBLIC WORKS, be necessary to 21 clarify the intent of the drawings and specifications and shall 22 afford the benefit of his advice on questions that may arise in 23 connection with the construction of the project. s 24 7. ARCHITECT shall, without additional fee, correct or ' 25 revise the drawings and specifications if the DIRECTOR OF PUBLIC s 25 WORKS finds that such revision is necessary to correct errors or 27 deficiencies for which ARCHITECT is responsible. r 26 8. All services to be rendered hereunder shall be subject ' A 29 to the direction and approval of the DIRECTOR OF PUBLIC WORI{S. 30 Approval b, said Director of drawings, designs, specifications s 31 and other incidental a-rchitectural and engineering work or 32 materials Purr_shed hereunder shall not in any way relieve i w5- A = - ;. 1 ARCHITECT of responsibility for the technical adequacy of the work. 2 9. The cost to CITY for tl°? aforementioned architectural 3 and engineering services shall be Twelve Thousand Dollars 4 (412,000.00) less Fifteen Hundred Dollars ($1,500.00) which is the S amount paid for the Master Development Plan and creditable toward } 6 this contract. 7 10. The cost for the work, including the fees and reimburse- 8 ment items, will be billed by ARCHITECT to CITY monthly in pro- 9 portion to the work accomplished and to ':he extent that the 10 reimbursable items are incurred, said bills to be submitted to the 11 DIRECTOR OF PUBLIC WORKS for his approval before payment may be 12 made by CITY Finance Director. Such bills will be payable upon 13 receipt and approval, provided that payment of the basic fee shall 14 not exceed the following percentages of the total at the following 15 stages of work: 16 Design 17 (a) Desi,,. Development Phase 35% 18 (b) Construction Document Phase so% 19 (c) Upon award of construction 20 contract or not more than 21 ninety (90) days after (c), 22 whicheve\r occurs first 90% 23 (d) Upon completion of 24 construction 100% r 25 11. ARCHITECT will keepg records of time ,accurate accounting 26 and expenditures, which records will be available for inspection 27 by CITY at reasonable times. 28 12. When all work has teen substantially performed in 29 accordance with this contract, with the exception of formal pre- 30 sentation or acceptance, the final billing may be presented, and 31 not more tb"n two percent (2%) of the fee may be withheld pending 32 scheduling of formal presentati.:>n and,/or acceptance 'by the CITY. 1 If services are required to be rendered over a longer period 2 (whether or not rendered continuously) at the CITY's request or 3 as a result of delays beyond ARCHITECT's control, compensation 4 will be increased by a reasonable amount. 5 13. CITY may, at any time, by writ -tin order of the DIRECTOR 6 1 OF PUBLIC WORKS, make any changes in the services to be performed 7 hereunder. If such changes cause an increase in the cost of doing 8 the work under this agreement or in the time required for its S performance, an adjustment shall be made based on the direct cost 10 to ARCHITECT plus reasonable overhead costs and the contract shall 11 be modified in writing accordingly. Any claim for adjustment 12 under this clause must be made in writing to the DIRECTOR OF 13 PUBLIC WORKS within thirty (30) days from the date the change is 14 ordered; provided, however, said Director, if he determines the 15 facts justify such action, may receive and consider, and adjust 16 any such claim asserted at any time prior to the date of final 17 settlement of the contract. x8 14. Wherever herein the action of the DIRECTOR OF PUBLIC 19 WORKS is required, a representative of said Director, designated 20 in writing, may act on his behalf. 21 15. This Agreement may be terminated by either party upon 22 seven (7) days' written notice should the other party fail sub- 23 stantially to perform in ;accordance with its terms through no 24 fault of the other. In the event of termination due to the fault 25 of others than the Landscape Architect, the Landscape Architect 26 shall be paid his compensation for services performed to termina- 27 tion date, including reimbursable expenses then due and all term- 26 inal expenses. 29 16. All questions in dispute under this Agreement shall be 30 submitted to arbitration at the choice of either party, to be con- 31 ducted in accordance with standard arbitration procedure as 32 adopted by the American Institute of Architects, insofar as same -7- 1 2 3 41 5 6 7 9 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 J (I 24 25 26 27 28 29 30 31 32 X shall not be in conflict with thQ laws of the State of California. 17, Exhibit "A" referred to herein is a part of this con- tract,. WITNESS our hands and teals the dray, month and year appearing below, DATED: July 6, 1970 DATED: City erk APPROVED AS TO FORM: COURTLAND PAUL / ARTHUR BEGGS By 0, (Title) B , a T tle CITY OF HUNTINGTON BEACH a municipal corporation By : `_ _ Mayor Pic' f9M 2! 3 4. 5 8 7 8 9 10 11 �,. 12 13 14 15 16 17 18 19 20 21 22 23 24 28 AMENDMENT NO. 1 This Amendment to Contract for Architectural services entered into this 6th day of daily, 1970, by and between the City of Huntington Beach, a municipal corporation, and Courtland Paul/Arthur Beggs. WITNESSETH Whereas the City of Huntington Beach engaged Paul and Beggs to provide certain services for Springdale -Heil Park; and Whereas, it now becomes necessary to amend said Contract for Services; now Therefore, it is hereby agreed as follou+s; 1. F 6, Paragraph 1, lines #2 through 6, are to -9 changed to read: The coat to CITY for the aforementioned architectural and engineering services shall be SIXTEEN THOUSAND DOLLARS (s16,000.00) less FIFTEEN HUNDRED DOLLARS ($1500.00) which Is the amount paid for the Master Development Plan and creditable toward this contrnot. Imoluded in the LLvhitect7s working draw- ing responsibility will be a phasing plan showing the ultimate development of all future amenities as well as the first phase of development, to a total overall construction cost of TWO HUNDRED THOUSAND DOLLARS ($2000000 00). 2. All other provisions of said contract shall remain in full force and effect. In Witness Whereof the parties hereto have caused this Amendment to be executed on trio day, month and year first 26 herein written. 27 28 29 30 31 At . 32 11 City Cler, City of Huntington Boagh, a Municipal Corporation, By a r PRC► TEM Courtlaod Paul/Arthur B and Associates ,, .T Co r p o r a% -------I ,, 9 10 11 12 13 14 15 if 1'7 18 19 20 211 22 23 24 M 20 27 28 29 SCOPE OF WORK TO BE ACCOMPLISHED , ARCHITECTURAL SERVICES SPRINGDALE-HEIL NEIGHBORHOOD PAR;[ T. Cost Limitations Cost of proposed development shall be limited to $150,000. II. Criteria A. General construction featureis shall conform to requirements of the City Department of Public Works and applicable City, State ind•Federal building codes. B. The work shall include, but not be limited to the following scope. III. Project Description and Scope A. The design development phases will determine the requirements of the project throagh refined studies, drawings and estimates. B. The construction documeatt`phase will include, but not be limited to, the followIng plans and documents: 1. Plans and Specifications (a) Grading and drainage plan. (b) Layout and site plan. (c) Utilities plan. (d) Architectural plans. (e) Planting plan. (f) Irrigation plan. (g) Construction details. (h) Specifications. 30 (1) Cost estimate and time schedule. 31 2. General Documents 32 (a) Bid documents. ZXxlBm "AltW. N 1 2� 3 4 5 6 7 8 9 10 11 12 1 13 1.4 15 16 17 1s 19 20 21 22 !d 23 24 25 26 27 28 29 30 31 32 (b) Invitat,ion to !: :l. (c) Instructions to bidders. (d) Bid proposal farm. (e) Construction contract. (f ) General, conditions. (S) Special conditions.. (h) Specifications. IV. Standards. Work shall be in accordance with requirements of the City Department of Public Works and applicable City State and Federal building codes. V. ARRrivals. Design will be coordinated with the City Administrator's Office, Department of Public Works, and Recreation and Parks Department, securing approvals at the time of submission of the design develop:.-nt stage. VI. Progress Report; and Schedule. Submit a progress report every month during the term of the contract indicating the percentage of completion and brief description of the work accomplished. The following phases of the work shall be submitted to the Director of Public Wo),°lcs for signature approval as indicated: Phase Due Date A. Design Development, Outline Specifications and Detailed Cost Estimates B. Final Construction Documents and Cost Estimates VII. 'Reproduction. Printing and reproduction requirements are as follovTo: A. Design Development: Two (2) sets of plansa, outline specifications and cost estimates and reproducibles of same. -10- EXHIBIT "All _ ` �.. .,.R"" r t. �,•.. , mac' 1, •TdM. ' �va.si.....w.4s.+n Ewa+ta+car�44wW+�kNt�%MM�I:+�YW.'! _ _.. � •• * '� 13 1I l B. Final Submitt:&l: Ten (10) set,g of plans and 2 speolfications plus reproducibles of same. 3 �. 7 {. 9 10 a 14 15 t 17 1$ 19 20 21 t 24 2'a Uti Y, 24 }(6 25 D;� r "' a 2$ 29 1 ?1 30 "r 'i EXHIBIT MIT 32 � s� t i it ` � 3 j, ✓�(,�j� (�1 1 i f ,�`"'1q�6.' `.. {,,yg��t t� °at%".'"f�:[lt •L.. '+.iF n �;w'�.,��5 ,, _ ��t. .. . _ ..."�l!'ii.'�°i L.A."�!:s MEMORANDUM TO, Honorable Mayor and City Council FROM:, Doyle Miller, City Administrator SUBJECT: Final Design Contract, Springdale -Heil Neighborhood Park DATE: June 29, 1970 The firm of Courtland Paul/rrthur-Beggs and Associates, Landscape Architects, have completed she Master Development Plan for the subject park, This preliminary work was to determine the feasibility, prior to final design, of pond and natural lake retention. In detail the architect and ecologists` determined affirmatively that water and wildlife could be contained in the original natural state without undue reconstruction and water replenishment/control problems. Thus, a master plan has evolved, the ecology problem has been solved and detailed design development find construction documents should begin. The community and environmental3jsts in the city have attended a minimum of four open meetings related to park use, placement of the Yoys' Club, and determination of community requirements. The final design contract is now recommended, subject to Donsign Review and Recreation and Parks Commission final approval of the master plan. Starting now, the working drawings and bid documents can be completed in time for the Spring 1971 growing season. The contract allows the architect an s pexceut fee less the $1,500 advanced for the master plan and ecology reports now completed. The contract which is an exact duplicate of the EDAW contract will provide a $150,00 park on eleven acres plus additional staged amenities fol., construction as fuads become available in the future, RECOMMENDATION.: Authorize Mayor and City Clerk to execute contract at a .fee of 8 percent, subject to plan corrections requested by Design Review and Re'Zreation and Parks Commission. l C .ty m. stra�or DM Ts ; gb s