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HomeMy WebLinkAboutCONSERVART ASSOCIATES, INC. - 2000-03-20PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONSERVART ASSOCIATES, INC. FOR REMOVAL OF ART FROM SEACLIFF VILLAGE AND REINSTALLATION AT THE CIVIC CENTER (PHASE Il) Table of Contents 1 Work Statement.......................................................................................................1 2 City Staff Assistance................................................................................................2 3 Time of Performance...............................................................................................2 4 Compensation..........................................................................................................2 5 Priorities........................................................................................2 6 Extra Work...............................................................................................................2 7 Method of Payment..................................................................................................3 8 Disposition of Plans, Estimates and Other Documents...........................................4 9 Hold Harmless ......:................................... 10 Workers' Compensation Insurance...........................................................................5 11 General Liability Insurance ...................................... I................................................6 12 Professional Liability Insurance..............................................................................6 13 Certificates of Insurance..........................................................:...............................7 14 Independent Contractor............................................................................................8 15 Termination of Agreement.......................................................................................8 16 Assignment and Subcontracting...............................................................................9 17 Copyrights/Patents...................................................................................................9 18 City Employees and Officials..................................................................................9 19 Notices.....................................................................................................................9 20 Immigration..............................................................................................................10 21 Legal Services Subcontracting Prohibited...............................................................10 22 Attorneys Fees.........................................................................................................10 23 Entirety.....................................................................................................................10 i" 12 00agree/conserarV2/25/00 • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONSERVART ASSOCIATES, INC. FOR REMOVAL OF ART FROM SEACLIFF VILLAGE AND REINSTALLATION AT THE CIVIC CENTER (PHASE H) THIS AGREEMENT is made and entered into this 20th day of March 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, CONSERVART ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to remove two murals from Seacliff Village and reinstall at the Civic Center in the City of Huntington Beach (Phase II); and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all services as described in the CONSULTANT's Proposal dated February 23, 2000 (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." 00agree/conserard3/14/00 CONSULTANT hereby designates Duane Chartier who shall represent it and be its sole contact and agent in all .consultations with CITY during the performance of this AGREEMENT. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this AGREEMENT. 3. TIME OF PERFORMANCE Time is of the essence of this AGREEMENT. The services of CONSULTANT are to commence as soon as practicable after the execution of this AGREEMENT and all tasks specified in Exhibit "A" shall be completed no later than two (2) months from the date of this AGREEMENT. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Forty Six Thousand Dollars ($46,000.00). 5. PRIORITIES In the event there are any conflicts or inconsistencies between this AGREEMENT, or the CONSULTANT's Proposal, the following order of precedence shall govern: 1) AGREEMENT, and 2) the CONSULTANT's Proposal. 2 00agree/conserart/2/25/00 6. EXTRA. WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained.. 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A." B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this AGREEMENT; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this AGREEMENT; and 3 00agree/conserard2/25/00 • 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion -of tasks in accordance with this AGREEMENT, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this AGREEMENT is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this AGREEMENT. 8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this 4 00agree/conserart/2/25/00 AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this AGREEMENT is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this AGREEMENT or its failure to comply with any of its obligations contained in this AGREEMENT except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. 10. WORKERS' COMPENSATION INSURANCE .Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 5 00agree/consera rd2/25/00 r1L CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 11. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 6 00agree/conserart/2/25/00 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any.reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this AGREEMENT. D. The reporting of circumstances or incidents that might give rise to future claims. 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and 7 00agree/conserart/2/25/00 C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice; however, ten (10) days prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. INDEPENDENT -CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 15. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this AGREEMENT 8 00agree/con serarr/2/25/00 by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 16. ASSIGNMENT AND SUBCONTRACTING This AGREEMENT is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 17. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this AGREEMENT. 18. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of the applicable provisions of the California Government Code. 19. NOTICES Any notice or special instructions required to be given in writing under this AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Community Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Dr. Duane R.-Chartier ConservArt Associates 4823 Berryman Avenue Culver City, CA 90230-5109 00agree/conserard2/25/00 7 • 0 20. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 22. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 10 00agree/conserart/2/25/00 0 0 23. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire AGREEMENT between the parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. CONSERVART ASSOCIATES, INC. e Duane ane R. Cler, President anne Friend, Secretary REVIEWED AND APPROVED: Cit Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: City Clerk 3— zs- APPROVED AS TO FORM: ty Services l 11 00agree/conserard2/25/00 Fr7" • EXHIBIT A . ConservArt Associates, Inc. TE1310-301.3337 4323 Berryman Avenue, Culver City. CA 90230.5109 IFAX 310-398-3533 . coAsr�PrPO�lne.arA+pur.mCi.na! urals PROPOSALmod 1 of Z SEA CLIFF VILLAGE ART RECOVERY Lucky (Albertson's) Murals BACKGROUND This proposal was prepared on the request of Michael Mudd (City of Huntington Beach) and Ann Thorne (Art Consultant). The proposed work represents the deinstellation and reinstallation of the final two murals remaining at the Sea Cliff Village Shopping Center in Huntington Beach, CA. These were not removed during the campaign In the spring of 1998 because the store remained in service. Since submission of the revised report ("SEA CLIFF VILLAGE SHOPPING CENTER - ART RECOVERY REPORT- October 3, 1997; presented to: The Sea Cliff Village Public Art Committee & City Council of Huntington Beach) there have been significant changes in the position of the property developer and the City of Huntington Beach. In the interim all other art work* wero removed from the Soa Cliff site according to a redistribution plan developed by Ann Thorne and rodovelopmont of the site has been effectively completed except for the quadrant where the grocery store remains. The previous conservation work was essentially completed by April 6, 1999 and the mural inauguration / dedication was held on September 4, 1999 at the Huntington Beach Civic Center. SCOPE OF WORK ConservArt Associates, Inc., will provide the following services: 1) Ceramic file mural deinstal/ation ► deinstallation of the two (2) ceramic tile murals (SW tiles each) flanking the exterior entrance to the Albertsons (previously lucky) store. ► transport of the pieces across the street to the Huntington Beach Civic Center. Z) Mural reinstallation - Huntington Beach Civic Center • the mural sections will be prepared for installation (bottom to top) the wall will be prepared by scoring and pinning (1/8-3/16" bronze or SS rod) ► the mural will be contained within a 1,75" aluminum angle framework secured to the concrete wails by ramsets the mural pieces will be attached by an exterior thinset mortar and grouted appropriately all appropriate repair to damaged surfaces will be made. TIMING: These services will be provided between the approximate dates of April 24 and May 6. 2000; barring any weather related delays. "Jew ME;xi1:c office:- _ .0 ^i........ \IA.1 0'11 A'• r�llL id<.AOi/j� c7MA"" 98% _. _ . C i ConservArt Associates, Inc. TEL 310-391.3S37 4823 Berryman Avenue, Culver city, CA 90230-5109 FAX 310-398.8535 co�sety®ptp0«'dinaumpuf.nlCi.net Luckz ftrals PROPOSALmod 202 TERMS AND CONDITIONS A) The budget Is contingent upon moximized efficiency for site access and the coupling of installation and deinstallation. Delays will result in additional charges billed at normal ConservArt Associates, Inc., rates. B) As professional art conservators ConservArt Associates, Inc., puts a heavy premium on the preservation of works and therefore will not compromise the operation solely for the sake of speed. All reasonable flexibility in scheduling and billing must be exercised. C) ConservArt Associates, Inc., will transport all objects to the reinstallation site at the Huntington Beach Civic Center. D) Removal of all pieces will cause obvious building damages for which ConservArt Associates, Inc., is not responsible in any manner. E) There will be only one contact person designatod by the City of Huntington Beach (presumably, Michael Mudd). That person will have complete authority to negotiate schedule changes and provide final approval for all worts. F) Parking for at most 4 vehicles will be provided in close proximity to both deinstallation and installation sites. G) Access to electrical (120V), water, sanitary, and storage facilities at both sites is guaranteed. H) Storage for oonsorvation materials and a socured work space will be provided at the both sites while work is proceeding. (During the previous installation the storage area under the stairs In the Police Station was more than adequate and quite convenient). CONSERVART WILD. PROVIDE expert conservation services • scaffolding as required all necessary insurances and certificates PAYMENTS' The total payment due for dainutallation and reinstallation of the two murals is $46.000, 1) Deposit due upon acceptance of proposal or contract signing 50% - $23,000 2) Final payment on completion of work (net 30 calendar days) 50% - $23,000 Pailv,e tv pay within tho apec/hd time will ,vault in a 8% lit& penelty. Aaymentr lea by over." rwl*radar deYs will twult in en addir/anal 3% tare fee. All dates are based on 1welor of payment by ConmrvM Aasacietes, Inc. VALIDITY This "scope of work" constitutes an estimate for services that will remain valid for thirty calendar days from February 23, 2000. Notice of i� ttent•tc be — - - received in wri ' i order t formally accept the estimate. February 23, 2000 0 . uane R. Chartler I�la.s, A: covirn rifficei Feb-23-00 05:19pm From-AON RISK SERVICES 2028332457 T-500 P.02/02 F-998 "ODUCER ���•~ ..�.-v.•X L. OA7EGNM/DDiYr1 2/23/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. ONLY AND CONFERS NO RIGHTS UPON .THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR Huntington T. Block Ins Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 1120 20th Street, NN COMPANr Washington, DC 20036-3406 202-223-0673 A ITT Hartford Insurance Grou WSuRED COMPANY Conser'vArt Associates B COMPANY 4823 Berryman Avenue Culver City, CA 90230 C COMPANY D 4Y:Ai4d+x6. • i'iat' �i'ii:�P�a.�clMo�.66Y•'wMh.LMi.�+-•it'.!�'.. .S`f�•n.sYa'+"'i 2.1, �'+e/.•. �I`�rna Yi. is .. �..� •>�• . A.: �;' �•...4e.c� T4^.: ,'k.TS: ..1�ai } �i�i4_'a''ti..... «:'" • .mot•' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERRA 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR nub POLICY aLiP1R POLICY EFFECTIVE DATE WM/WffV) POLICY EXPIATION DATE IMMIDD/YYI LIMITS OENEPAL UAINLOV GENERAL AGGREGATE a .200000( PROOLIM COMPIOPACG a A X COMMERCIAL. GENE'RALLIABILITY CLAIMS MADE [i] OCCUR 42UUCBB2849 10/25/99 10/25/00 PERSONAL 6 AOV INJURY a 100000 ( EACn OCCURRENCE a 100000 ( OWNER'S 6 CONTRACTOR'S PROT FIRE DAMAGE IAny one l-rel a 30000( MEO D EP IAnv aia paraall is 1000 ( A/1TOMOWLE uABB.fTY A Any^LsTO 42DIIC882849 10/25/99 10/25/00 CO►IBinEDSINGLEUMLT a 100000E BODILv INJURY IPIx Pttts/W a ALL OwNEO AUTOS SCrIEDULEO AUTOS X BODILY INJURY War accAenp a MIREDALITos NON-OwNED AUTOS a� iO FOP An :` : i `'; -- - G-t J"' •� X PROPERTY DAMAGE i SARAGE uABR ITY ANY AJTO By ' + y n '- Attorney D s , AUTO OnLV - EA ACCIDENT b OT"FA TmAN AUTO ONLY EACM ACCIDENT a AGGREGATE s E>IICESS LIABLUTY EACH OCCUARENCE a ~~_ AGGREGATE a uMBRELLA FORM a OTHER TnAN UMBRFUA FORM WORKERS COMPENDATION ADD wC STATU- OTn• _ ._ EMPLOYERS* LW$R17Y EL EACH ACCIDENT a TnE PAOPRlETORf INCL PART14ERSAPAECUTIVE EL DISEASE • POLICY LIMIT a EL DISEASE - FA EMPLOYEE -- — a OFFICERS ARE FXCL OTHER DESCRIPTION OF OPERATIONSILOCATI014IYFIRCLE1&rSPECWL ITEMS Certificate Holder is named as Additional Insured regarding the deinstallation of two ceramic tile murals at the Sea Cliff village Sbopping Center and rein- st&l.Llation At the Huntington Beach Civic Center.Work Will be from 4 24-5 20 00 'VLCii).'� � �'� M .n.....• '.•wn A. ^~ x - J,] N .t rI!-<w.r\ra'• '..r :. J'•a n•.. ......AiP.- '.^, r.�..:.i� f.�t':-. :^.1 .'°°a,iF-..'FX",.6,✓n",R`�CSrR44.CFD6[i..^L':l.!i: .�.. : •an: � wsii.ro.4. °�...�C'.•.�". r f��,< SHOULD ANY OF TnE ASOvE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Runtingtaa Beach, its IMPIAATIOI/ GATE THEREOF, TnE LSSUPIO COMPANY w")GROW14 MAIL agents, otticere & a=ployeea 30 DAYS WW"EN NOTICE TO THE C€ k9CATE HOLDER NAMED TO THE LEiT. 2000 Drain Street, P.O Box 190 Huntington Beach, CA 92648 TH EDREYRBSENTATIVe 01217200 ,�yp•j��,�,,�[ �'" ,an ':�3r 'n. ey-ij' a-r-�,r •(:a•.s... K.�1`s' i <-w s. - •...r •AitMfi3M.YR,i. Q.i•t �a�V3.0•+O �tY�/I.1£�i�'Sin:•t'�' •i.�+.t''�.-'w��`Q''"...w4'iliOrbR.n '6�- b.bo.� i'1'Ych<1. /•-•n .w� .�iil'"i•fWt/17K. 4.MJ'��A�'P[1 FEB-23-2000 14:20 2028332457 P.02 P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 STATE COMPENSATION INSURANCE Funs o FEBRUARY 24, F- CERTI DUANE R CHARTIER AND''SUSANNE E DBA CONSERVART ASSOCIATES 4823 BERRYMAN AVE CULVER CITY CA 90230 - 99 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262 (REV. 3-95 STAB a NO SiMtaoo - LL GRAUTI,IMIC Alit I'Aalto MIUM OA TM• Md IMOCXMO AT �CMtG sTAMOAIlO T{M� .30 DAYS a AFTER WRITTEN NOTKM OF SUCH CANCELLATION HAS BEEN PLACM IN TIM MAIL BY STATE FUND TO CURRENT HOLDERS OF CMUFATE OF WORKERS' COMPENSATION INSURANC L NOTHING IN THIS ENOOASCONTAOM 8- 6iALL a 64M To VAIM ALTER. WANE Ow ExTEM ANYOf TH<TIMMIL COM V ION& AGAEEMENTSr ON LpNTATIONs Of THIS POLICY OTHER THAN AS ADOY! STATED. NOTHING ELSEWHERE IN TUN POLICY SHALL 8E NELD TO VARY. ALTER. WANE OR LIMIT THE TERMS. CONOITMS. MREEMENTS OR UUITATIONS OF THIS ENDORSEMENT. UNTERSIGNEO AND ISSUED AT SAN FRANCWO: 7-�rJ V64�� AIJTtIOAt2 EQ AEPAESEMATNE • • FrAmm m CCAA rtNSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARO TIME mm� - MA-37 =1 ENDORSEMENT AGREEMENT ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST: (SPECIFY 3RD PA IT REQUESTING WAIVER, ONE NAME PER ENDORSEMENT) WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY: (POLICY NAME) IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER IT IS FURTHER AGREED THAT PRENQUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 3%. NOTHING IN THIS ENDORSEMENT CONTAINED SI4ALL BE HELD TO VARY. ALTER. WAIVE OR EXTEND ANY OF THE TERMS. CONDITIONS. AGREEMENTS. OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS. CONDITIONS, AGREEMENTS OR LIMITATIONS OF IMS ENDORSEMENT. COUNTERSIGNED AND ISS AUTHORIZED REPRESENTATIVE UE ENT scat aosu owv. 6" 71 2570 IVER TO SOLE SOURCE RECSSIT e�Z�� SOLE SOURCE JUSTIFICATION'O�� ITEM: Removal/Conservation SOURCE: ConservArt & Ann Thnrnp,. FghUc_Ar-t_-Managemer. THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE IT IS: ( ) SUBJECT TO VALID AND EXISTING UNITED STATES PATENTS OR COPYRIGHTS AND NO ACCEPTABLE SUBSTITUTE FOR THIS PRODUCT OR SERVICE IS AVAILABLE { ) A PROPRIETY PRODUCT OR SERVICE NOT OTHERWISE AVAILABLE AND FOR WHICH NO SUITABLE SUBSTITUTE IS AVAILABLE. ( ) OTHER AVAILABLE AND COMPETITIVE ITEMS ARE INCOMPATIBLE OR UNUSABLE WITH EXISTING EQUIPMENT. COMPETITIVE SOURCES ARE AVAILABLE BUT THE REQUIRED DELIVERY SCHEDULE OBVIATES THEIR USE. ( ) COMPETITIVE SOURCES ARE AVAILABLE BUT ARE UNRELIABLE OR THE PRODUCTS OR SERVICES OFFERED LACKS THE REQUISITE QUALITY OR SUFFICIENT QUANTITIES ARE NOT AVAILABLE. ( ) OTHER EXPLANATION OF ITEM(S) CHECKED SOLE SQUeE SIGNATURES I f1ull art Head Signature D uty City Administrator/Chief of Administrative Services v City inistrator's Signature per 3.02.190(c) H.B. Municipal Code ra•21.doc JUpER.TO EMERGENCY REQSITION E RGENCY PURCHASE JUSTIFICATION ITEM: Removal/Conservation SOURCE: ConservArt & Ann Thorne, Public Art Management THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ( ) THERE IS GREAT PUBLIC CALAMITY ( ) THERE IS IMMEDIATE NEED TO PREPARE FOR NATIONAL OR LOCAL DEFENSE. ( } THERE IS A BREAKDOWN IN MACHINERY OR AN ESSENTIAL SERVICE WHICH REQUIRES AN IMMEDIATE PROCUREMENT IN ORDER TO SAFEGUARD THE PUBLIC HEALTH, SAFETY OR WELFARE. ( AN ESSENTIAL, DEPARTMENTAL OPERATION AFFECTING THE PUBLIC HEALTH, SAFETY OR / WELFARE WOULD BE GREATLY HAMPERED IF THE PRESCRIBED PROCUREMENT PROCEDURE WOULD CAUSE AN UNDUE DELAY IN THE PROCUREMENT OF THE NEEDED SERVICES. �Q OTHER EXPLANATION OF ITEM(S) CHECKED There is a schedule to demolish the shopping center in the next 60 days. Conditions of approval for this artwork removal state "not to exceed 60 days with reasonable extension provided as long as removal is occurring in an expeditious manner." A cultural legacy will be destroyed and costs increased if professional services are not provided for removal, conservation, immediate reinstallation and storage. EMERGENCY RIDER SIGNATURES hief of A ministrative Services per 3.02.190(9)(4) H.B. Municipal Code ity Administrator ra-21.doc ATTACHMENT #3 0 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-15 Approve remaining Seacliff Mural Relocation Date: February 23, 2000 funding and contracts for the As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Resolution approving contract funding for the Seacliff Mural relocation." If the Council approves this action (total appropriation of ,$51,700), the estimated unreserved, undesignated General Fund balance at September 30, 2000 will be reduced to $9,305,143. J n Reekstin, Director of Administrative Services Beginning Fund Balance 10/1/99 (unaudited) $ 11,734,000 $ 17,071,000 Plus: Estimated Revenue 114,110,841 114,110,841 Less: Estimated Expenditures (120,169,841) (120,169,841) Pending/Approved FIS's: (1,655,157) Less: FIS 2000-15 - (51,700) Estimated 9/30/00 Balance $ 5,675,000 $ 9,305,143 ESTIMATED GENERAL FUND BALANCE SEPTEMBER 30, 2000 i $10,000,000 $9,000,000 $89000,000 $79000,000 - $6,000,000 - L :.. $9,305,14 $500009000 »� $49000,000 $3,000,000 $29000,000 $1,000,000 $5,675,00 t $- ADOPTED BUDGET CURRENT ESTIMATE ATTACHMENT #4 0 9 14�3m( s 3.03 The Seacliff "Save the Birds" Committee believes that all community resources have been exhausted during Phase I and the time frame for demolition necessitates this urgent request for General Fund support. There are two sites at the Civic Center where the murals can be ideally located. The addition of these murals would bring the total number of murals at the Civic Center to eleven. With this action, all works at Seacliff will be secured. This project is in compliance with the public art element of the general plan. Due to the urgency created by the demolition of the shopping center, staff is recommending an EMERGENCY/SOLE SOURCE REQUISITION to hire both consultants. Environmental Status: N/A Attachment(s): Photos of murals currently at Lucky's site. 2 1 Contracts 3 1 FIS 4. 1 Proposed reinstallation sites CJ