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HomeMy WebLinkAboutGRAPHIC SOLUTIONS, LTD - 2006-01-31�CONTRACTS SUBMITTAL TO RECEIVED CITY CLERK'S OFFICE 2007FEB 28 PH 3•• 0' a HU 1INGT0N 33EACH To: JOAN FLYNN, City Clerk Name of Contractor: Graphic Solutions, LTD (Amendment #2) Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Design concepts for entry nodes Amount of Contract: $49,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. ❑ to Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ wd,zz,�_ Date:Z��d Name/Extension City Attorney's Office -7/z3//Ot G:AttyMisc/Contract Forms/City Clerk Transmittal U304 5� 3 , wo 4OrEpE Sb� now AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRAPHIC SOLUTIONS, LTD. FOR DESIGN CONCEPTS FOR ENTRY NODES THIS AMENDMENT is made by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and GRAPHIC SOLUTIONS, LTD., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANTS are parties to that certain agreement dated January 31, 2006, entitled "Professional Services Agreement Between the City of Huntington Beach and Graphic Solutions, Ltd. For Design Concepts for Entry Nodes," which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANTS are parties to that certain amendment to the Original Agreement dated August 4, 2006, entitled "First Amendment to Professional Services Contract dated January 31, 2006 Between the City of Huntington Beach and Graphic Solutions, Ltd. For Design Concepts for Entry Nodes" ("Amendment No. 1 "), and CITY and CONSULTANT wish to amend the Original Agreement as amended by Amendment No. 1, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. AMENDMENT OF SECTION 1 ENTITLED "SCOPE OF SERVICES." Since the Original Agreement and Amendment No. 1 were prepared, the "Scope of Services" has been modified by the parties. CONSULTANT hereby agrees to provide all services described in Exhibit "A," attached hereto and incorporated into this Agreement by this reference. 06-725/6266 2. AMENDMENT OF SECTION 3 ENTITLED "TERM; TIME OF PERFORMANCE" Section 3 of the Original Agreement as amended by Amendment No. 1, entitled "TERM; TIME OF PERFORMANCE," is hereby amended to read as follows: 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 by CITY (the "Commencement Date"). This Agreement shall expire on July 31, 2008, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. AMENDMENT OF SECTION 4 ENTITLED "COMPENSATION." Section 4 of the Original Agreement as amended by Amendment No. 1, entitled "COMPENSATION" is hereby amended to read as follows: In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Forty-nine thousand dollars ($49,000). 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement as amended by Amendment No. 1 shall remain in full force and effect. 2 06-725/6266 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on C2 7 2007. GRAPHIC SOLUTIONS, LTD., CITY OF HUNTINGTON BEACH, a A California corporation municipal corporation of the State of aell�;hqtt�o� California By: 8 print name ITS: (circle one) Chairman residen ice President 15ci2: S. 5 , irec Development O OriOm1C AND By: S�cGII/1i8'L� �/ Cit 1 910"M print name OVED AS TO FORM: ITS: (circle one) Secretary/Chief Financial Officer/Ass,. ecretary -Treasurer J �,'j.� �.' Ci y Attorney INITIATED AND APPROVED: Z'�n� Director of Econ is Development 3 06-725/6266 SCOPE OF WORK EXHIBIT A T PROPOSAL AND CONTRACT November 3, 2006 City Of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Mr. Jim Lamb RE: HUNTINGTON BEACH PCH DOUBLE ARCHWAY SIGN PURPOSE To provide design services for a double archway sign incorporating design elements from the entry monuments. SCOPE OF WORK Working in close coordination with the Client, Graphic Solutions will provide the following services: Phase I. Planning and Research A. Review site plan, client provided images of existing site, and related materials. B. Research and review applicable City sign regulations. C. Teleconference with client to discuss project overview, determine program parameters and design approach and identify project signage needs. D. Research imaging and theming appropriate to the character of the project. Phase II. Concept Design A. Provide conceptual plan identifying proposed sign type, size and location. Proposal & Contract City Of Huntington Beach November 3, 2006 Page 2 B. Create up to (3) concept designs incorporating the approved designs for the City entry signs, reflecting recommended treatments for a double archway sign. Concepts will be typical only, for purposes of establishing a comprehensive program of design solutions appropriate to the project. Solutions to include indications for size, materials, colors, lighting and sign location. C. Forward concepts to client for review, comment, and selection. D. Adjust selected concept design per client comments (one round of adjustments). E. Prepare color rendering of selected element. F. Prepare budgetary estimates for treated element. G. Forward concepts, budgetary estimates, and color rendering to client for review and approval. SUBSEQUENT PHASES Subsequent Phases can be provided by addendum or separate contract in addition to the scope of work outlined above and may include: • Design Development • Construction Documents • Construction Administration Proposal & Contract City Of Huntington Beach November 3, 2006 Page 3 ADDITIONAL SERVICES At the client's request, the following services will be provided in addition to the scope outlined above. Services will be provided on a time and materials basis, plus expenses and may include: • logo/identity and camera-ready art • additional concept designs for logo • specifications for use of logo in signage and print applications • design development, camera-ready art for stationery package • color separations, negatives • original photography and/or illustration • printing and print coordination • powerpoint presentations • additional concept designs for listed sign types or for additional sign types • additional rounds of adjustments to design concepts • design development, design intent drawings or working drawings and bid specifications • tenant sign design and/or tenant sign review • site visits and/or meetings in addition to those specifically noted in the scope of work • color renderings/comps other than those specifically noted • preparation of Comprehensive Sign Plan • processing services including revisions to City submittal documents and/or preparation of applications • attendance at hearings/meetings and/or design review committee meetings • preparation of presentation materials requested by City and/or client • prototypes/scaled models • additional rounds of budgetary cost estimates for sign fabrication • construction administration including checking shop drawings and patterns in addition to those specifically noted in the scope of work • fabrication and installation of signage • structural engineering EXHIBIT B BILLING RATES Current Hourly Billing Rates Classification* $120 Principal $95 Design Manager $90 Sr. Designer II $85 Sr. Designer I; Sr. Project Manager; Planning Specialist; Estimator $80 Project Manager III; Designer III $75 Project Manager II; Designer II; Technical Writer/Copywriter $70 Project Manager I; Designer 1 $65 Project Coordinator II; Sr. Production Artist $60 Project Coordinator 1; Production Artist III $55 Production Artist II; Production Coordinator II $50 Production Artist I; Production Coordinator I $45 Production Assistant $40 Clerical/Word Processing * Project assignments are made based on employee skill levels and the type of work being performed. REIMBURSABLES Outside Services/Expenses: In addition to fees, Graphic Solutions shall be reimbursed at cost plus 10% for outside services requiring creative/art direction (e.g., professional photography, renderings, copywriting), and for all other outside services or expenses related to the execution of the work, including, but not limited to: blueprints, vellums, photocopies; photographic supplies and processing; photostats, printing, typesetting, word processing; transportation and accommodations; delivery and shipping. Client may elect to be billed directly by suppliers for project -related expenses. If this election is made, Client shall identify, upon execution of this contract, those expenses for which the Client will make payment directly. Client shall provide to Graphic Solutions its account numbers for suppliers identified for direct billing and payment of expenses. In -House Expenses: Graphic Solutions shall be reimbursed at a flat rate for certain in-house expenses in accordance with the following schedule: • Digital color proofs up to 8-1/2" x 14" $ 5.00 each • Black & white photostats $ 15.00 each • Matte board $ 5.00 per board • PMS paper $ 5.00 per sheet • Photocopies for copy counts exceeding 50 pages $ 0.15 per page • Zip Disk $ 15.00 each • Compact Disk $ 10.00 • Comb Binding $ 5.00 per set ADA COMPLIANCE Graphic Solutions has researched the requirements of the Americans with Disabilities Act (ADA) as it affects signage, and every effort has been made to ensure that your signage meets those requirements. However, ADA compliance is the responsibility of the facility owner and/or owner's representative. Graphic Solutions, its officers and employees assume no legal responsibility for compliance with ADA and no warranty is either expressed or implied by presentation of bid documents, proposals, contracts, designs or signage. No liability is assumed for the outcome of decisions made on the basis of information provided by Graphic Solutions. Consultation with legal counsel is recommended for those affected by ADA. SU IINSURANCE AND INDEMNIFICATION WAIVER To MODIFICATION REQUEST 1. Requested by: Jim Lamb, Econ. Dev. 2. Date: February 26, 2007 3. Name of contractor/permittee: Graphic Solutions Ldt (dba Fabrication Arts) 4. Description of work to be performed: Professional Services to prepare construction documents and administer bid/construction process 5. Value and length of contract: $49,000 total; expires 7/31108 6. Waiver/modification request: $5,000 deductible/professional liability insurance 7. Reason for request and why it should be granted: unable to comply with the city's zero deductible insurance requirement 8. Identify the risks to the City in approving this waiver/modification: None. o�, / 6 -�-- DeparthieQlVead Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Managementand the ity Attorney's Officq disagree. I. iisk Management LN roved ❑ Denied _1 4PP _ lV- rC «: %t�-Z4 01- Signature Da e 2. City Attorney's Office �g proved ❑ Denied Signatur Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver 0207.doc 2/26/2007 11:49:00 AM AC R - CERTIFICATE OF LIABILITY INSURANCE 2/EO6 M/DDIYY) 02//07 PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cavignac & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92101-8005 INSURERS AFFORDING COVERAGE Jeffrey J. Steen INSURED INSURER A: Landmark American Insurance Company Graphic Solutions, Ltd. dba: Fabrication Arta INSURER B:Peerless Insurance Company 2952 Main Street INSURER C: San Diego, CA 92113 INSURER D: I INSURER E: - :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY1 POLICY EXPIRATIONLTR DATE IMMIDDIYYI LIMBS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx I OCCUR X Broad Form CBP9557423 - 01/08/07 01/08/08 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 200, 000 MED EXP (Any one person) $ 5, 000 PERSONAL BADVINJURY $2,000,000 X Contractual Liability GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY PRO X LOC PRODUCTS - COMP/OP AGG $2,000,000 - B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CBP9557423 O AS TO FO M�" ��r ` � 1viLt f! O RNEY 2 01/08/07 4 1 01/08/08 COMBINED SINGLE LIMIT (Ea accident) _ $ 1,000,000 BODILY INJURY (Per person) - $ BODILY INJURY. (Per accident) $ - PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ - - $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY - WC STATUS OTH- y� E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ A OTHER Professional Liability LHR806860 02/04/07 02/04/08 Each Claim $1,000,000 Aggregate $11000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability - claims made form, aggregate limit policy, defense coats included within limits of liability. The City of Huntington Beach, its agents, officers and employees are Additional Insured with respect to General Liability per attached GECG 602 09/04. Professional Liability Each Claim Deductible: $5,000. GEKTIFIGAI It MULULK I j ADDITIONAL INSURED; INSURER LETTER: n I.ANkr LLA I IUN 1V says nut; ror non-payment v& pxaari—. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach Office of City Attorney 2000 Main St., 4th Floor Huntington Beach, CA 92648 USA I ernvn 9S c 17/971 Kath Prins NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 0Ur3AX]il 9X5X1&VD'L "X XOG�70167tlt-0L]t7A7[Ii1FCSXRCKC4IlC747t]tlF7tAQi4E[�OIiXJP76107C7ACXiL9l?C7E]RXa3C7b7C1G1[7�p60[X AUTHORIZED REPRESENTATIVE l ACORD CORPORATION 1988 5641631 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Amendment # 2 Date: 1 /30/2007 1. Department: Economic Development 2. Requested By: J. Lamb?�L- 3. Name of Consultant: Graphic Solutions 4. Amount of Original/Prior Contract: $19,500 original contract; 1st. amendment brought total to $30,000. (2"d. Amendment brings total to $49,000)...........—............................................. ................................. 5. Additional Compensation Requested: $19,000 6. Reason for Contract Amendment: Increase compensation and time to prepare construction documents and help administer construction/BID process 7. Are sufficient funds available to fund this contract? Yes ® No ❑ 8. Company number and object code where funds are budgeted: 10080101.69365 ✓ 10040308. 30580101.69305 '1 Department Head Signature 0 RICHAFD AMADRIL, Mane Central Services Division CITY OF HUNTINGTON BEACH INTER -DEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO: STANLEY SMALEWITZ, DIRECTOR OF ECONOMI VELOPMENT FROM: RICK AMADRIL, CENTRAL SERVICE MANAGE DATE: FEBRUARY 15, 2007 CC: JANET LOCKHART, SR. ADMINISTRATIVE ANALYST JIM LAMB, ECONOMIC DEVELOPMENT PROJECT MANAGER SUBJECT: GRAPHIC SOLUTIONS, LTD. AMENDMENT #2 A Purchasing Certification Amendment #2 was submitted to us in reference to the Graphic Solutions, Ltd. - Design Concepts for Entry Nodes professional services agreement. In reviewing the requested amendment, we noticed that on August 4, 2006 the Director of Economic Development executed a document entitled "First Amendment to Professional Services Contract Dated January 31, 2006 Between the City of Huntington Beach and Graphic Solutions, Ltd - Design Concepts for Entry Nodes." Note that Amendment #1 was not reviewed and approved by the Central Services Manager. Amendment #2 is being requested to increase compensation and time related to the preparation of construction documents and construction administration. We are concern that this phase is going to be administered by Economic Development instead of Public Works. Fn• JI te F CITY OF HUNTINGTON BEACH Interdepartmental Communication CONFIDENTIAL ATTORNEY -CLIENT PRIVILEGE TO: STANLEY SMALEWITZ, Director of Economic Development FROM: JENNIFER McGRATH, City Attorney DATE: December 21, 2006 SUBJECT: RLS 06-725; Amendment to Agreement with Graphic Solutions, Ltd. By way of RLS 06-725, the Departmentof Economic Development requested that we prepare an amendment to the "Professional Services Agreement Between the City of Huntington Beach and Graphic Solutions, Ltd. for Design Concepts For Entry Nodes" dated January 31, 2006 ("Agreement"). In preparing the requested amendment we noted that the terms of the Agreement provided that all tasks included within the scope of services would be completed within four months and that compensation would not exceed $19,500.00. We further noted that on August 4, 2006, the Director of Economic Development executed a document entitled, "First Amendment to Professional Services Contract Dated January 31, 2006 Between the City of Huntington Beach and Graphic Solutions, Ltd. For Design Concepts For Entry Nodes" ("Amendment No. 1"). Amendment No. 1 appears to: 1) extend the time for performance to December 31, 2006; 2) provide for a total compensation of not to exceed $30,000; and 3) increase the scope of services. We have serious concerns regarding the legality of Amendment No. 1 in that Amendment No. 1 was neither reviewed nor approved by the City Attorney as required by City Charter Section 309. However, we have prepared the attached Amendment No. 2 to the Agreement in response to your request. Please note that the Scope of Services includes the work described in the proposals dated November 11, 2005, September 19, 2006 and November 3, 2006, with a total contract amount of not to exceed $49,000.00. JENNIFER McGRATH City Attorney Attachment: Amendment No. 2 to Agreement Between the City of Huntington Beach And Graphic Solutions, Ltd. for Design Concepts for Entry Nodes 06-725/6319 First Amendment to Professional Services Contract dated January 31, 2006 Between the City of Huntington Beach and Graphic Solutions, Ltd, for: DESIGN CONCEPTS FOR ENTRY NODES Paragraph 3, TERM; TIME OF PERFORMANCE: The Term of this Agreement shall be extended and shall now expire on December 31, 2006, unless sooner terminated as provided herein. Paragraph 4, COMPENSATION: Fee is amended not to exceed Thirty Thousand Dollars ($30,000). Paragraph 5, EXTRA WORK: Scope of Services, Exhibit A already includes, but if requested by the City may now extend to SUBSEQUENT PHASES, especially as work may pertain to Design Concepts for additional signs, Construction Specifications and/or Construction Administration. All other Terms and Conditions remain the same. Approved: Consultant, By: Name: jlrvtoN�-IVJR Title�-i- Date: Approved: City of Huntington Beach, By: Stanley Smalewit Director of Economic Development City of Huntington Beach and Title: PT>64 -S Date Z..., :I-" lb !o Effective Date: /Su ity Contracts Submittal to City Clerk's Office RECEIVED Hunt Beach, 2QOG FEB 13 AM 8: 18 To: Connie Brockway, City Clerk Ci f Y CLr- CITY O HjlL'_Tft GT014 ECACH 1. Name of Contractor: GRAPHIC SOLUTIONS, LTD. 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Design concepts for 11 entry nodes. 3. Amount of Contract: Not to exceed $19,500.00. Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept. City Treasurer _,,e' ORIGINAL bonds sent to Treasurer 5S:562 Name/Extension City Attomey's Office Date: February 10, 2006 g:/Attymisc/forms/city clerk contract transmittal.doc . . i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND G(LAPH%c. SC.)LUTICYnS , LTia. FOR bz s 1 GN Comc.�p T s F-00- Gw(sY Iy oDC.s Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices......................................................................................... 7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration............................................................................................................... 9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND I-F 1 C. S Q L u 1-1 o N S i LT Tl i FOR DES 1 &A3 CO 1\XZ PTS FIDe G: KT- Ry 1V oqE S THIS AGREEMENT ("Agreement") is made and entered into this 31, f day of QYlOG 20 04, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and CTf2-A?V+XC. SOLt d 1 y n S, L,T"D , a aLii=pq-y,.%fa. CnVLPo✓c,-TiaY) hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to �CS1S� Cons fo►- I EnT'ry, Y\odEs ;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 these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in 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." CONSULTANT hereby designates S l rao tQ nC1 f Et.-75 who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl 0/1510 1 -A I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: 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 by CITY (the "Commencement Date"). This Agreement shall expire on J V Lj 3 J� ?-OOb, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later thanfrom the Commencement 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 Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed A)jMET 'EN ' kyLjjay,n dive hvYld✓`Q.d Dollars ($ 191 S0(3 9LV- ). 5. 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 agree/forms/profsery 10/15101-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 10/15101 -A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. - CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. 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. agree(f6rmslprofserv10(15/01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy 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 coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profserv10/15101-A 5 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 PROJECT and/or the services to be performed hereunder. 12. 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 the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. 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. agree/forms/profsery 10/15/01 -A 6 15. 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. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY 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, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: -JAF1t S Lgmt3 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Simw ANnr2Etv3 &V'FJj>H1C SoLuTi crv.s, L+4 a95 a Mai N S-r1r1P-1Q t SOU bjero I CA cb. U3 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profsery 10/15101-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profserv10/15/01-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. 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. 23. 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. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profserv10/15101-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profserv10/15101-A 10 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. CONSULTANT, CITY OF HUNTINGTON BEACH, &r Ap 1- 1 C � o LuTI o n S LTD a municipal corporation of the State of California CL4,1F0(LN lA_ Colf f)a '4 Tt o,, By: Ruben Andrews, President print name ITS: (circle one) Chairman/President/Vice President AND By: &I�v Director of C aW. I G e (Pursuant To HG §3.03.100) APPROVED AS TO FORM: -Vz---� 66 City Att t ey Simon Andrews, Secretary/TreasureREVIEWED AP ROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer Ci 4ministrator (only for c ntract $50, 000.00 and over) agree/forms/profservl0/15/01-A 11 Scope of Work EXHIBIT A 02 GRAPHIC MUTIOU. ENVIRONMENTAL GRAPHIC DESIGN '1111 MAIN STREET SAN DIEGO,(A 92113 TEL (619) 239-1335 fAX (619) 235.6018 RECEIVED NOO! 14 2005 PROPOSAL AND CONTRACT OMWIC . r November 11, 2005 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Mr. Jim Lamb RE: HUNTINGTON BEACH ENTRY NODE SIGN DESIGN PURPOSE To provide design services to develop concept designs for entry statements to compliment and enhance primary entry nodes in the City of Huntington Beach, California. SCOPE OF WORK Working in close coordination with the Client, Graphic Solutions will provide the following services: Phase I. Planning and Research A. Coordination meeting with City staff to discuss project overview, determine program parameters and design approach; identify and evaluate character, type, placement, and design elements at entry nodes. B. Perform site study (field survey) and photo documentation of existing site conditions. Includes identification of potential conflicts with pre-existing conditions affecting signage. C. Research and review applicable City development policies, guidelines, and ordinances affecting signage and any other regulatory agency permits necessary to proceed with installation of signs. D. Review downtown map of project area and related materials. E Proposal & Contract City of Huntington Beach 11 November 2005 Page 2 1 E. Research imaging and theming appropriate to the project area, 1 including local history, physical features, environmental setting and cultural character of the City. SCHEDULE: within 2 weeks of notice to proceed and receipt of signed contract. Phase II. Concept Design A. Create up to (3) preliminary alternate concept designs for entry statements. Solutions to include indications for sizes, materials, colors, lighting and sign locations. B. Provide conceptual plan identifying proposed entry statements, sizes and locations for above. C. Forward concepts to City for review, comment and selection of two concepts for consideration by staff. SCHEDULE: within 2 weeks of completion of site visit. D. Adjust and refine selected concept designs per City comments (one round of adjustments). E. Prepare up to 11 color renderings of selected elements as exhibit materials for presentation. F. Prepare and forward budgetary estimates to City for treated elements embodying preferred design direction, including lighting and landscape suggestions. G. Present adjusted concepts, location maps and color renderings at follow-up meeting for review, comments and final selection. SCHEDULE: within 2 weeks of selection of concepts H. Adjust selected design per comments from the meeting. Proposal & Contract City of Huntington Beach 11 November 2005 Page 3 I. Assist in developing a Phasing Plan for Implementation of signage and graphics based on client's priorities. J. Forward adjusted concepts, budgetary estimates, and phasing plan to client for review and comments. SCHEDULE: within 2 weeks of approved concept. K. Final adjustments and preparation of presentation materials. L. Meeting to present recommended program to City Council for approval. SCHEDULE: within 2 weeks of final comments. TOTAL ESTIMATED FEES for Phases I & II ............. $19,500.00 including expenses Retainer due with contract: $3,000 II Meetings and Hearings Up to (5) meetings and (1) site visit are included in the fee estimate. Additional meetings and hearings as required to obtain approval of sign plan submittal by ' various agencies including Community Groups, Planning Department, and Public Hearings or additional site visits will be at the City's request and will be billed on a time and materials basis as an addition to the fee estimate shown above. SUBSEQUENT PHASES Subsequent Phases can be provided by addendum or separate contract in addition to the scope of work outlined above and may include: • Design concepts for additional sign types / graphics applications • Design Development • Design Intent Drawings and Construction Specifications • Construction Administration Proposal & Contract City of Huntington Beach 11 November 2005 Page 4 ADDITIONAL SERVICES At the client's request, the following services will be provided in addition to the scope outlined above. Services will be provided on a time and materials basis, plus expenses and may include: • logo/identity and camera-ready art • additional concept designs for logo • specifications for use of logo in signage and print applications • design development, camera-ready art for stationery package • color separations, negatives • original photography and/or illustration • printing and print coordination • powerpoint presentations • additional concept designs for listed sign types or for additional sign types • additional rounds of adjustments to design concepts • design development, design intent drawings or working drawings and bid specifications • tenant sign design and/or tenant sign review • site visits and/or meetings in addition to those specifically noted in the scope of work • color renderings/comps other than those specifically noted • preparation of Comprehensive Sign Plan • processing services including revisions to City submittal documents and/or preparation of applications • attendance at hearings/meetings and/or design review committee meetings • preparation of presentation materials requested by City and/or client • prototypes/scaled models • additional rounds of budgetary cost estimates for sign fabrication • construction administration including checking shop drawings and patterns in addition to those specifically noted in the scope of work • fabrication and installation of signage • structural engineering Payment Schedule IIT B aTT Of MITIMOn TO fCOn(YA1C XW OP/VT XPAPTIUff InTfP-OfflCf tVAOPAnM To: Contract: Graphic Solutions From: Jim Lamb Re: Exhibit B: Payment Schedule Date: January 24, 2006 • Invoices are to be submitted for approval and processing monthly to City by Consultant based upon hours worked and progress made toward Scope of Services, Exhibit A. • No retainer is required. INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Christi Mendoza, Risk Management 2. Date: February 2.2006 3. Name of contractor/permittee: Graphic Solutions Ltd (dba Fabrication Arts) 4. Description of work to be performed: Professional services to prepare concepts of entry- way signs for the city (no construction: only conceptual work) 5. Value and length of .contract: $19,500: expires July 31, 2006 6. Waiver/modification request: $5 000 deductible/professional liability insurance 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible insurance requirement 8. Identify the risks to the City in approving this waiver/modification: None. Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and tqe City Atto y's office disagree. 1. i k Management KApproved ❑ Denied Sigma ure Date 2. ity Attorney's Office pproved ❑ De - Sig ture Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services 0P ID V DATE i�+''nh �1,! CERTIFICATE OF LIABILITY INSURANCE m�►px_1 E0 01 06 PRIODLICER Cavignac i associates 450 B Street, Suite 1800 San Diego CL 92101-3547 Phone:619-234-6848 E'ax:619-234-8601 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICS INSUR® Graphic l�olutiona , Atd. dba Fabrication Arta 2952 Main Street San Diego CA 92113 INSURER A: peerless Insurance Company 24190 INSURERS. L.aadNark Ll =loan 2ransaft= Cc 33138 In RER � INSURER D: INLSLRER E THE POLICIES OF NMANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING Aff REQUIRMENR', TERM OR CONDITION OF ANY CDNTRAOT OR OTHER DOOLOENT WITH REBPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNIS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AG GREGATE LIMITSSHDWNI NWYHAVE BEEN REDUCED BY PAN) CLAMS. ON TYPE OF INSURANCE POLICY NUMBER DATE DATE LIWTS GENERAL LIABILITY EACH OCCURRENCE $ 1, 0 00 , 0 00 A X X COMMERCIALCEWRALLIABLrnr CLAMS MADE XX OCCUR CBP9557423 01/08/06 01/00/07 PRI3NISES(Eeoccumnce) $100,000 MED EXP (Any cm persanl $ 5 , 0 00 X Broad Form COMBn+= 8nME L33CET PERSONAL a ADY INJURY $1, 0 00 , 000 X Contractual Liab GENERALAGGREZATE $2,000,000 GENT_ AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPW AGG $ 2 , 0 00 , 0 00 POLICY � X U)CZmp Sen. 1,000,000 a AU 00105LE LIMBLITY X ANYIWTO CBP9557423 01/00/06 01/00/07 COMBINED SINGLE LIMIT (Easoddert) $ 1, 0 00 , 000 80DLY INJURY (Per person) $ OLL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraccidert) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMVE tPereccidert) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EA ACC $ PITY ALJTO $ AUTO ONLY: AGG EXIMStIBIBRELLA WIBILRY EACH OCCURRENCE $ OCCUR ❑ CLAIMS M4CE - . - AGGREGATE $ $ YW y $ DEDUCTIBLE $ RETENTM $ WORKERS COMPENSATION AND EIROYEt3' LIABILITY ANY PROPRIEfORFARTNBblEXECUTIVE OFFICER1MEMBER EKCLUCED? If yes, dascrfbe ender SPECIAL PROYISIONIS below N I vie/ � yC� TORY LIMITS ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ Ar OTHER Professional Liab LIM03694 02/04/05 02/04/06 $a Claim 1,000,000 Claims Made I aggregate 1,000,000 DL:SCRFTLON OF OPERATIONS T LOCATIONS r VEKCL851 E)ELUSIONS ADDS BY QrO0RSl9ENT I SPECIAL PRONE she City of Huntington Beach, its agents, officers and employees are maned as additional insureds as respects Oeaeral Liability per GECG602 09/04. $1,000 deductible for Employee Benefits applies as respects General Liability. 05,000 deductible applies as respects Professional (liability. 10 days notice of cancellation for non-paymment of premium. CERTIFICATE HOLDER CANCELLATION - HUMI —1 SHOULD ANY OF TM ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPRATION DATE THEREOF, THE ISSUING N11URER WILL MOVI IOW ML 30X DATE WWTTEN City of Huntington Beach rN)TIM TO THE CERTIFERTE HOLDER NAMED TO THE LEFT, I. Attn: office of City Attorney 2000 Main St., 4th Floor POPFOMPONMW 1 4 - '*-� M � Huntington Reach Ca 92648D 1 ACORD 25 (2001108) 0 ACORD CORPORATION 1888 COMMERCIAL LIABILITY GOLD ENDORSEMENT. NIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION l — COVERAGES.. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIA91UTY 2. Exclusions Item 2.g. 2) -is mplared wish the following. 2.g. 2.) A watercraft you do not own that is: a} less than 50 feet long; and b) Not being used to carry persons or property for a charge. lkm 2g. 8) is added' 6) An aircraft in which you have no ownership interest and that you have chartered with G - The last paragraph of 2. Exclusions is replaced with the foffowiag.- Exclusions c. thiough n. do not apply td damage by firs, eirplasion, sprinkler leakage, or lightning to pfemises while r�Med to you, temporarily occupied by you with the permission of the pwner, or managed by -you under a Written agreement wiftthe owner. A separate grit of insurance applies to this coverage as desoribed-in Section IN —Limits of Insurance. SECTION I — COVERAGES COVERAGE C, MEDICAL PAYMENTS If hfedicel payments `Coverage is provided under this policy, the fdldwing is changed: 3. Linnu Ttie medicat expense limit provided by this policy shall be the greater of: a. $ #0,000; or b. The amount shown in the declarations. Coverage C. Medical. Payments is primary and not contributing with any other insurance, even it that other Insurance is also-Wrnary. The fotbiOng is added: COVERAGE D: PRODUCT RECALL. NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" Incurred by you for the wllhdrawal of your products, provided that: a. Such withdrawal is requirOd because of a determination by you during the policy period, that the use oraonsdmption•of your products Could result in "bodily injury" &'property damage"; and tl: Tyre "productirecall noftation expenses" are incurred and reported to us -during the policy pertoo. The most we will pay fbr "product recall notification cxponscs" during the policy period is $100,000. Inclu�kx capydghtcd motoriol of Insurance services 0IT"s Inc. with its permission. SUPPLEMENTARY RAXMFS y COVERAGES-A'AI�D'$` Item b. and A are replaced- with: b. The'c:ost of tia1.bdeds• fegwibed 17ecauss:of avcidenis ty� trafirb faw�ri6iatioi� rising t' he us of any vebic a to which the Bodily-.lniup.',, Mviiiity. fiver . aPF>�5.:1Ne tio• nAt :t a�ve.to fU�rr�s>:a these bonds. d. All reasonable expenses incurred by-tf*insured-arourrequestto 45s;isEjasin the iiIvestigat(anor qa .. tk�.. dnse of the claim•'or "suit'° indudinq geteal loss -to 0t} of earrtir s upa''day becatise�ti efetime off from V;Ork. SI=O:J }N II - W-MG. rlSAN 11VSURI D Item 4. •Is= replaced with 4.• Any sabsidiaries,.xoff"niies,. owporations-kfirrns,: the policy pariod over -which yogi re Lain a` cvritrr�lkrcg irrtereS# bj.gree#er than. 4°l0 of ttie:stock or assets, will qualify as. aMlalmcxf Ini;urad ifs. . aj -you have the resporisitiility; &'pl' C. irrg ihs'r.,raW such &�O` and b} cova awfor the eirti#y ts• riot olhervrase rTrore spec r;aity,pravid ;`arid �o} tYia!�ntlt�j�isitiborpol`af 'E3rix ariiz d•under't •la4usofEhe l 'ta#est�fAmenca.• However; coverap vnder•lihis. pFovisior does nOt'e plyito "badi(y �n�ury .pr `pro • damq* e" that r p i.•. Y. ".. z.. it • ." , • . • t e, ocoari* Wore you -aroquiied' cu wmeci t(ie. eaMy iir pi ionah injifry trir"'aiive. isrrig injury arising 4lttbf' ai�fi�e� cbrt!tgd before ygtraf rlr fafa,fh.nr�Eity. ,, . i_�: h' �.. ; AS �•�,�, .l .. .. fit• ,.. f���. 4.. /� r� :Craver Rd. Uftd�r U1�S .prflvi�i�Ysls; aff�;cfeit}oi��rdritip�e� a�•�hQi-Mvil�•.N y_'�G;±i'�ti�e•�1 :'c1 ' T ` f the ©e .irroe grirdate'v�'ih�evr 6'eeflierti 'y Waft rq 6 � v, SECTION III ,r UM1TS:OF INSURANCE. P*arg*h 2 Is emended to inakrde: The General Aggregate Umit of -4nsurpnce applies separately to eat h 1pcatibh"-ow[i4* Y6u,'ivited.•lo A, or bcWp ed by 06-with theiraiissgn dif d.qw— n ir- Paragraph 6-is replaced w_nh,ihe fiiAoWng: .6. Subjeci.to 5.. above, ft F1re0Amagn••Llfri .ig't> . r ds iW vli3 'pay nd rC tite:rslg far�dama9as bedause of "property damage' .to -premises; wKierer,�ted ho ycu, terra rarity csccu -by. oti..•wi h permission of fheowner, or mar. ged'by !under a.Writtein agreem.i rtY�NitM'ttie'owner,IMBIRO-out'of anyone ire, expbslon or spr tiler Ieakagjiiracidght. TFae'�F.irei3aitlage-Limik:prbv'tiy�tf:is policy s'i�li:tje'tlieglrester;of: a. $500,000. or b. The• arnou6t shovm in the peclaraf ions. SECTION IV = PQMMERCiAt_ OENERAWASILft GQ4DITI(jN5 Item 2. arts reutaced with: . 2: Mities In The 6veurt.aP0.q& rmme, Offense, Glslnxpr Suit a.. _You •must ppt Y c ta` r rotff us is • efretiute'Wtteh-a, , of r execciti've :officers pariiners =cne r oc I E atliis is ,&Are .o#-tiief; ooc M ncii', offense; chaim,.i ,r "3i if':: Kr�owigdc�e'of �" nei?ae ; 4ifens .d8 OtI suit° is :oihet erri iaye $} does r ire lw-n:d, e�slic knoti+fledge 'tii'.tfiereXbentpossit�je; rat is tti as §ti4'utdariici;. iwtisrr he"va�nrterace" cx affeTrise' took prase; 2) The names and-addiesses.of any I*_, yed person*e .-vltriesses; and . 3) The nature And.. "inn ni any injury or darnade giising out" of the•'ocCurrei ice'°; offense;; claim or suit". • . Inclusies rop}nigh [ed�niaterigU of •InsuFan•'c�Seriri c�-��•#i�c.•With its perrnissior-e. +Lcf`f�.CA�l./f11fIf, A1 item 4. b. 1) b) Is {eplaced with: b. Excess Insurance 1)b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed W you under a written agreement with the owner; or . ' Item 6. is amended to include: C Representabbns d. ff you unimerdonally fail to disclose any hazards existing at the incepthn-date of your policy, -we will not deny coverage under this Coverage Part because of such failure. However, #his provision does not affect our right to collect additional premium or exercise our right of cancellation cr non - renewal. Item B. is replaced with: 8. Transfer of Rights Of. Recovery Against Others To Us a. if the insured has rights to recover all or part of any payment we have made under this Coverage Part, arose rights. are transferred to us. The insured must -do nothing after bss to impair them. At - our request, the insured will brk►g suit or transfer those rights to us and.help as enforce them. b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under that written 'insured contract" for that person or organization and inducted in the "products -completed operations hazard". Item 10. and Item' I f . are added: 10, Cancellation ,Condition If we cancel this policy for any reason other than nonpayment of premium we will m'ai or deliver written notice -,of cancellation to the first Named Insured at. least 80 days prior to the effective date of cancellation. 11_ Liberalization If we adopt a -change In our forrrrs or rules which would broaden your coverage without art extra :charge, the bfbader coverage will apply to this policy. This extension is effective upon the approval -of such broader coverage in your state. SECTION V — DEFIN(TIONS The following definitions are added or changed: 8. "insured c or act' a. Ls changed to. a. A contract for a lease of premises_ However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises _'while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owfier is not an "insured contract". 23 end 24 are added; 23. 'Location" rneans premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or rigtrt-of-way of 8 railroad. 24. 'Product recail notification expenses" means the reasonable additional expenses (including, but not limited to, oast of oorrespondenre, newspaper and magazine advertising, radio or* television -announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged preiducts. Includes cvpyrigrrred rn(ferisi at Insurame services Offices InC. Wh its permission. ^reef% &Af lnnMA% T.-trO16161119 Provisions aft also adde4to this Covirade. . part: - A,' AlObIT.10kAL INSURED$.— BY CONTRACT, AGREEM I Ulf- OR PERMIT de .am mpN2-,.jjnder!'SECTIQN41w-...�WHOrl3A[4 NSUR_ XQ-'i8VMndOdtoIMju -aV'tqinsured 'eny.-persbn' cir.br;9- nloon,0010 ondsucti Perpon 66*6nitODrvbi oe agreemInt. or Pem'it.th61 such person or'organiatioh -'ea i6mal-insbir - Md 'insurafics such- as Is afforded-Onder this GOV" Pa'Such 6 19. riot K' noficO3 that we are reqyi(ed'to- sdW to tt* -Named- insured: mia-Is"W v kdWnaI--'Instj'rO,b1nlq sobbv to lipbUIP.@n9ing out of: -W fdrlbwperw-orvbaiior. rep to pnovisio im, qPove, a. •pem-n.'s 'o( oroanizatoftit status !as-. an,insiured'uN endw oeseht ergs%�berf' your operations for that pe!son or-organizatkiare. COM P)etefj b.. qbdw,'--a Vwwj's r' o(gariJ'z"!s,"tjas...#p,j4urgd urger this' 6�sernent Ws _b p"IsM. I 6nd when their C"re A -Pori 4 P PaSw 2;. `�MibfteSIM 411000 lif6-11 notwoly- ar- to ffie"rAt,n9vW,e?kOxbW- %L':orioit h9s�1j*h prior the VtVew the -W tw .0 e nal'an'd Miverfisiqg H6q% ap or ppm V b1b6dily-Wiur -66rap _e- ft g th'�6ch work.h.t1he M 'On IJ' * 6 � b-A M" i a -d sin behalf -the 10ai AiOtbhciriot��*, addifarial insbrod s) at.thd slid of thoQDV4W Qpbrafloh� iait(eeh-.comO6Ift,:or Idh the injury or iarnagpg6ga Wldeft� (2) AM portm of Wr we out of whirl ptito ifs'iritended use; by an-� O-ets9h orph ,n1M.lon 41heillhananott*�0 6di64pr.or*sjuiiIiiorv-a' 0- �j . - �. M _ pa, - "' I'M_ 4. 11!�­ -. .'l 1, -- IN toil IA IWfih-g.OI)64*ddW5q C. Jo ft renoerng of. or follu(e to reader any prok.D t1al sevic96 incudicw but-notill Mted 10 any profei0nal aichi f6l, Q'rtgmeei6 :or sutvaying. s , 6rvicet soli as: 7 , .. .a o.LV V tdWf s. SUN yg,, Id dr (2) -,5UPeM3brY, jnsoodbn, M or enqW,O,Hr,9,.fd1VMe3� Ar"r.9s. opinion,.. d. To "bodily injury`, "property damage or "pe rsonal and advertiging- *Fy"-Wing-Outof'tr4. eid:error.oir ornissionthatresubtornthe aMtIorW 6urid's-' �jq 41WIig9W6.or wtohgdoin _g fj 0. To any person or organization included as ail Indu d uWw provi3ion'13. of dofse�Wnt;,, t To any person- or O'rWnIzaUOPJk*WjudIbd:.as an -insured -by a sep6rate-aN4.'gn;01--inu(W'endorsemer)t ls-WeO by us and Madie" a p' pttf this policy. r MV kw1jaki arnew PqnChjdO;bS aklj .Wfoph�2. ert I .-IL,— i red ia.j pe ion.,- -iagr . -k..*iPnIfen.-OontrAtt.6ra6 fq�erffb- OMMM, e - .. __ - 4' 1 1 - — S under t ts.po*11' t only with t, rovide in utt 9u as afforow uM h1i C 6,m'*-' espe6t' t&'1JpJt Y�'q',ur Pro _y. or, damage" arising of which are disfilbiAk or sold the Q1611 iff;e ZV*0*N;qndiW-t ng oqt, . Nq --.4)u S SU4W)j -Maitionatexclusion'" SIM S 0:016f6lidw V i. 1241. -doeg riot apply The jnsurAnce aff0ttidd! - Oto In df init' 8 v M.-OW-1 She _.y U,q PQq or-.agMdfiift,f. ThiA - �10131 S. -for qq p of 41. ti �Vu tilt vector--,7 att dh ior-, r b. Any e* r 0 ess y-unauth6rized by you; c. Any physical or 06"cal change in the product —made intentionally by the vendor; d. Repackaft, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of f parts. under- instructions from the manufacturer, and then repackaged In the original container; e. Any failure to make such inspec tllons, ad�tstments, tests or servicing as the vendor has agreed to 'make or normally undertakes to make In the course of business, in connection with the distribution or sate of ttte prnduds;. f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products wHich, after distribution or sale. by you, have been. labeled or rolabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or . h. To "bodily injury" or "property damage" arising out of any act, error or omission that rosults from the sdditionai insured's sole negligence or wrongdoing. 2. This insurance d.:)es not apply to any insured person: or organization, from whom you -have acquired such products, or any ingredient, part or container, entering into, accompanyitg t)r cuntaininy such products. Irxkrdescopyrioted matedalof Insurance Services Offices Inc. v01h its permission, CERTHOLDER COPY SD STATE P.O. BOX 420807, SAN FRANCISCO,CA 9414270807 COMPENSATION IN SUFtANCZ FUND CERTIFICATE OF WORKERS` COWENSATION INSURANCE ISSUE DATE: 02-01-2008 GROUP: POLICY NUMBER: 1757390-2006 CERTIFICATE ID: 233 CERTIFICATE EXPIRES: 01-01-2007 01-01-2005/01-01-2007 CITY OF HUNTINGTON BEACH SD 2000 MAIN STREET, 4TH FLOOR HUNTINGTON BEACH CA 92548 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration, This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. MO 1ZZED REPRESENTATI 0PRESIDENT EIPLOYERIS LIABILITY LIMIT INCLUDING DEFENSE COSTS! $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER GRAPHIC SOLUTIONS LTD. (A CORP) AND/OR SD OCCIDENTAL; LLC 2952 MAIN ST SAN DIEGO CA 92113 [B1$,SDI MEV.2-0 PRINTED : 02-01-2006 Su„I ity PROFESSIONAL SERVICE CONTRACTS Hun& Beach® PURCHASING CERTIFICATION 1. Requested by: .J/ M L�-=.-.7� 2. Date: ;) '7 — b 3. Name of consultant: C �v/� 78 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: 7"/ 7 S-ad 6. Are sufficient funds available to fund this contract?' W Yes, ❑ No 7. Company number and object code where funds are budgeted: /vo.c670/pl 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ❑ Yes, W No S 12/-- /�, o(, 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' [Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? Yes, ❑ No ✓11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. ✓13. Attach proposed payment schedule. x 0 RI ARD AM D , Manager rchasing/Central Services If the answer to any these questions is "No," the contract will require approval from the City Council. Documend 2/9/2006 9:09 AM REQUEST FOR PROPOSALS DESIGN SIGNAGE For PRIMARY ENTRY NODES Solicitation List American Society of Landscape Architects Association of Professional Landscape Design Butterfly Signs Chuck Davis —for his contacts in Landscape Architecture Consultants Information Network (clearing house for 125 multi -disciplined firms) Graphics Solutions Joyce Riddell —for her membership Kate Hoffman —for the Allied Arts Board / Arts Community Paul Frank RBF Consulting RRM Design Group Savon Signs Sharp Signs Sign Methods Inc Signs and Serves Superior Signs Ted Palmer, Chair Goldenwest College Architecture Technology Web site —try to get posted quickly Young Signs