HomeMy WebLinkAboutEDAW, INC - 1977-05-06C O N T R A C T
FOR
ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered into by and between
OF HUNTINGTON BEACH, California, and hereinafter
referred 'to as "CITY" and EDAW, INC., located at 200 Newport
Center Drive, Suite 20, Newport Beach, California, a California
corporation, hereinafter referred to as "EDAW",
W I T N E S S E T H
WHFRE1413, CITY intends to develop improvements to Huntington
Central Rark as described in attached Scope of Work entitled
Exhibit "A"; and to per -,,;pare construction documents for the
Senior's Recreation Center as described in attached Scope of
Work entitled Exhibit "B",
EDAW is a landscape architectural firm, the principal
members of which are duly registered under the laws of the
State of California,
NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties
hereto that:
1. EDAW shall prepare and furnish to CITY complete and
ready for use, all necessary studies, preliminary sketches,;
schematics, cost estimates, working drawings, specifications,
roports and other architectural and engineering services for
the accomplishment of improvements tc Huntington Central Park,
which have an estimated construction cost of Two Hundred Eighty-
JG: er l .'
4/28/77 `
seven Thousand and no/100 Dollars ($28,7,000.00), more `speci-
fically set forth in Exhibit "A"; and construction documents
for Senior's Recreation Center, which has an estimated construction
cost of Ninety-six Thousand and no/100 Dollars ($96,000.00),
more specifically s�.l< forth in Exhibit "B" . Both exhibits
attached hereto and made a part hex-eof. . EDAW shall also
conform to the technical instructionsas issued by the Director
of Public Works,
2. All drawings, designs, specifications, and other
incidental architectural and engineering Work or materials
furnished hereunder shall be and remain the property of CITY,
and may be used by CITY as it may require, without any addi-
tional cost to the CITY.
3. Assistance by CITY CITY shall provide EDAW with
existing data, reports, records, surveys, policy statement,
and naps that CITY determines are necessary fo, carrying out
project. These data shall be provided EDAW at no charge.
(a) Surveys
CITY shall provide land surveying and soils
investigation data required fcr the work contemplated. Should
additional surveys be needed,, they shall be requested in
writing by EDAW.
4. EDAW shall visit the sites and shall hold at least
five.(5) conferences with CITY representatives, as determined
by the CITY, and take such other reasonable action as may be
necessary to obtain the data upon, which to develop the required
plans and specifications.
2.
5.; Standards, approvals, progress reports and schedule,
and reproduction shall be set forth in Exhibits "All and "B".
6. The cost to CIT1 for the aforementioned landscape
architectural services ,hall be:
Improvements, Huntington Central Park, Twenty-
five Thousand Seven Hundred Sixty-four and no/100 Dollars
($25,764.00).
Construction documents, Senior's Recreation
Center, Six Thousand Six Hundred and no/100 Dollars ($6,60o.00).
7. The cost for the work will be billed by EDAW to
CITY monthly in proportion to the w`rk accomplished; and said
bills shall be submitted to the Director of Public Works for
his approval before payment may be authorized by the CITY
7inance D±re tor. Such bills will be payable upon receipt and
approval, provided that payment of the basic fee shall not
exceed the folly-eing percentages of the total at the following
indica.ed stages bf the work;
Lr?nrot;�cments, Huntington Central Park:
Month : 30%
Month 2, .... 30%
Vionch 3 40%
Corstru,stion documents, Senior's Recreation Center:
Monts 1. — 50%
Month 2 .. 50
8. EDAW will keep acbura.te accounting records of time
and expenditures, which records will be available for inspection
by CITY at reasonable times
3.
9. Where extra work iy authorized, compensation shall
be as determined in. paragraph 10. Cor_sultante and material
expenses shall be at cost plus 10 percent. Payment shall be
made for extra work only after such work has been authorized
by the Directory of Public Works. Extra work is defined as
changes in scope or changes in concept, alignment, grade or
size previously approved by CITY. Extra work will not apply
to architectural or engineering details or vevisions needed
to comply with legal requirements or criteria of other agencies
whose approval is necessary fc- project,
10. CITY may, at any time;, by written order of the
Director of Public Works, make any Changes in the services to
be performed hereunder. Such changes shall constitute a change
in work scope. If such changes cause an increase in the cost
of doing the work under this Agreement or in the time required
for its performance, an adjustment shall be made based on direct
payroll cost as indicated in Exhibit "C", attached hereto and
made a part hereof, and the contract shall be modified in
writing accordingly. Extra work costs shall not Exceed Three
Thousand and no/300 Dollars,($3,000.00). Extra work is
conditioned upon prior approval of the City Council. Any claim
for adjustment under this section must be made in writing to
the Director of Public Works within thirty (30) days from the
date the change is ordei,eds provided, however, said Director,
if he determines the facts justify such action, may receive
and consider and adjust any such claim asserted at any time
prior to the date of final settlement of the contract.
11. Whenever herein the action of the Director of Pt Aic
i
'ay
Works is required, the Director of Public Works may designate,
in writing, his representative to act in his behalf.
12, CITY may cancel this Agreement upon written notice
to EDAW and shall thereafter be liable for fees and costs
accrued to date of the receipt of notice by EDAW, but not
to exceed the maximum set forth i-h Paragraph 7 hereinabove,
and for no other fees or costs.
13 EDAW, upon five (5) days prior written notice tp
CITY, may cancel this Agreement for reasons of noncompliance
with any of the aforesaid provisions by CITY.
14. All questions in dispute under this agreement shall
be submitted to arbitration in accordance with the rules of the
American Arbitration Association, and judgment upon any award
rendered may be entered in any court having jurisdiction.,
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be executed on the day, month and year appearing
below.
DATED ;' ^ ,` c' 1977.
CITY U HUNTINGTON BEACH, a
un corporation 1�1 �.ci�a1
ATTEST:
Alicia M. Wentworth
i City Clerk
ED AND REVIEW�APP�Rty APPROVED AS TO FORM:
Ci Administrator City Attorney
INI ED AND APRO xJt AS« 0 CONTENT:
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