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HomeMy WebLinkAboutJ. DON HARTFELDER, ARCHITECT - 1979-06-18A G R E E M E N T THIS AGREEMENT, made and entered into this day of 197f by and between the CITY OF HUNTING - TON BEACH, CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and J. Don Hartfelder, Architect a licensed firm, hereinafter referred to as CONSULTANT. WITNESSETH The City Council of CITY is authorized to engage the services of a professional architect for the performance of necessary archite,=aural services for and on behalf of CITY; and It is necessary and desirable that professional architectural services be performed for CITY as more specifically described in the Request for Proposal for architectural services for Water Operations Building , hereinafter referred to as PROJECT. Said proposal is attached hereto, marked Exhibit "A," and by this reference incorporated herein and made a part hereof. CON5ULT'ANT shall have a high degree of specialized_ training and experience and shall have all necessary licenses therefor to practice and perform the services herein contemplated; and J 3 JG:bc 1. �,"1 /79 CONSULTANT agrees to perform the architectural services necessary for this project; and CITY hereby employs CONSULTANT to perform the follow- ing services as required by PROJECT and CONSULTANT agrees to pro- vide those services in accordance with recognized standards of the architectural profession; and No official or employee of CITY has a financial in- terest in the subject matter of this agreement contemplated within the provisions of California Government Code Section 1090 109.2; and CONSULTANT warrants that it shall perform the services herein contemplated in compliance with the California laws re- lated to minimum hours and wages (California Labor Code Section 1171 et seq.), Occupational Health and Safety (29 U.S.C. 651 et seq., and the California Labor Code Section 6300 et seq.), and fair employment practices (29 U.S.C.. 201 et seq., and California Labor Code Section 1410 et seq.) to the extent same are applicable herein; and The parties hereto desire to set forth their rights, duties and liabilities in connection with the services to be per- formed under this PROJECT, NOW,, THEREFORE, it is agreed by CITY and CONSULTANT as follows SECTION 1. GENERAL DESCRIPTIONOFWORK TO BE DONE (a) CONSULTANTshall provide all engineering services as described in Exhibit "A" including but not limited to surveys, 2. investigations, consultations and advice, estimates of auantities and costs, and any other miscellaneous architectural services required to complete the assignment as outlined in Exhibit "A.rr (b) CONSULTANT shall attend and assist in all coordi- nation meetings. SECTION 2. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS: CONSULTANT agrees that all original dra?,-ngs, reports, both field and office notes, calculations, maps and other docu- ments, shall be turned over to CITY upon completion of PROJECT. SECTION 3. DISCRIMINATION: CONSULTANT agrees that in the performance of the terms of this agreement, it will not engage in.,, nor permit its agents to engage in, discrimination in employment of persons because of race, religious creed, color, national origin, ancestry, physi- cal handicap, medical condition, marital status, or sex of such persons, except as provided in Section 1.420 of the Calfornia Labor Code Violation of this provision may result in the im- position of penalties referred to in Division 2, Part 7, Chapter 1 of the California Labor Code SECTION 4,. INDEMNIFICATION, DEFENCE, HOLD HARMLESS CONSULTANT hereby agrees to defend, indemnify and hold CITY, its officers, agents and employees from and against any and all liability, damages, costs, losses, claims and expenses, proxi • mately caused by or in connection with CONSULTANT'S performance of this agreement (including but not limited to such liability, cost, damage, loss, claim or expense arising from the death or injury to an agent or employee of CONSULTANT, his subcontractor or CITY, or damage to the property of CONSULTANT, his subcon- tractor or CITY), except where such liability, damages, costs, losses, claims or expenses are caused solely by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omissions or commissionF. of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. SECTION5. WORKERS' COMPENSATION° CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable, and shall indemnify and hold harmless CITY from and against all claims demands, payments, suits, actions, proceedings and _judgments of every nature and description, including attoraneey's fees and costs, presented, brought or recovered against CITY, for or on account of any liability for failure to obtain Workers' Compensation Insurance for employees employed by CONSULTANT under I f this agreement. SECTION 6. INSURANCE: CONSULTANT agrees to furnish to CITY and maintain in force until the completion_ of PROJECT a general liability in ■ �e • surance policy in which CITY is named as an additional insured. The policy shall insure CITY, its officers and employees while acting within the scope of their duties for the acts or omis- sions of CONSULTANT in connection with PROJECT. The policy shall provide for not less than the following amounts: Combined single limit bodily injury and/or property damage of $1,000,000 per occurrence. Such policy of insurance shall specifically provide that any other insurance carried by CITY which may be applicable shall be deemed excess az7rd CONSULTANT'S insurance primary despite any conflicting provisions in CONSULTANT'S policy to the contrary. SECTION 7. INDEPENDENT CONTRACTOR: It is further understood and agreed that CONSULTANT is, and shall be, acting at all times as an independent contrac- tor herein and not as an employee of CITY. CONSULTANT shall secure at its expense, and be responsible for any and all pay- ment of .income tax, social security, state disability insurance compensation, unemployment compensEtion and other payroll de- ductions for CONSULTANT anti its officera, agents and employees and all business licenses, if any, in connection with the ser- vices to be performed hereunder. SECTION 8. CITY STAFF ASSISTANCE: CITY shall assign a staff coordinator to work directly with COIV"'SULTANT in connection with the work of this agreement. SECTION g PROVISION FOR PAYMENT; In consideration of the performance of the above de-- ut� scribed engineering sr -,vices, CITY agrees :"'_ -to pay CONSULTANT an 5• amount based upon the fee schedule breakdown act set forth be- low: FEE SCHEDULE BREAKDOWN Payment for architectural services shall be as set forth in this agreement- and outlined in the Request for Proposal and shall be based upon the following hourly rates but shall not exceed $ 28,500.00 Principal Draftsman $38.00 per hour $27.00 per hour per hour per hour per hour per hour SECTION 10. EXTRA WORK: (a) In the event of authorization, in writing by the City Engineer of changes from the work as indicated in Exhibit "A" or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such extra work but extra compensation shall not exceed 10 percent of the total contract, as specified above, without approval of CITY. (b) CONSULTANT shall submit monthly invoices which specify the area where work was completed and the associated time for completion to the City Engineer for approval. Work performed, a. the request of CITY, outside the limit specified in this agree- 6. ment is to be designated as "EXTRA WORK" on monthly invoices. Work performed in connection with an authorized written change order will be so designated on said invoice. SECTION 11. TERMINATION OF CONTRACT; All work shall be done in a good and workmanlike manner and CITY reserves the right to terminate services hereunder at any time with or without cause, and whether or not project has been fully completed. Any termination hereof, and any special in- structions hereunder from CITY shall be made through the City Engineer, and in writing, which may be delivered in person to CONSULTANT or mailed through the normal course of mail to its .now -established business address. In the event this agreement is cancelled, all drawings, designs, specifications and appur- tenant data may be used by CITY without additional cost to CITY. Should CITY decide to terminate this agreement for any reason, CONSULTANT shall be entitled to payment, on an hourly basis in accordance wj-'h the rate schedule herein, for work completed prior to written notification. SECTION 12. SUBCONTRACTORS: This agreement is a personal service contract and the supervisory work hereunder shall noc be delegated to any person or entity without the consent of CITY. SECTION 13. ADDITIONAL PROVISIONS: CONSULTANT agrees that no regular employee of CITY shall be employed by its .firm during the time that this agree- ment if in effect. IN WITNESS WHEREOF, the parties hereto have caused this 7• agreement to be executed by and through their authorized officers the day, month and year first above written. CONSULTANT ATTEST: City Clerk REVIEWED AND APPROVED: ity Administrator CITY Off' HUNT! JGTOThV BEACH, a mur_j cipal corporation f Mayor APPROVED AS TO FORM: City Attorney 10 NITIkTED` AND APPROVED: ,ector o�7b11c W0 a EXHIBIT A Scope of work, architectural services for water operations building. It is intended that the work will be completed in two phases, I and II, outlined below: 1. Preliminary work and Soil Investigations This phase includes the finalization of space requirements, floor plan layout, and a colored architectural rendering of the operations building. As a part of this work, soil borings and a foundation investigation shall be completed by a registered Civil Engineer, specializing in soils engineering. II. Construction Plans and Specifications This phase includes the preparation of all plans, specifica- tions, and contract documents for the construction of the building. An estimated cost of the building, by bid items, shall be submitted. As a part of this phase, a landscaping ,-)lan and estimated cost shall be submitted. nFr„ ai ata, ;aaapias._f stribution- co{g p`latg rtj3{cterlo: qt^f �t3 , Original Originating Dept. " ";CEfSTIFIC RTE OF INSURANCE After Approval Yellow —Risk Manager City of Hu on B Ee I<7 � TBy City Attorney Pink — City Clerk Dept., _i��/r✓ I� Gold — City Attorney CITY OF HUN,TIN&fON BEACH, CALIFOR NIA P.O. Box 190 Huntington Beach, California 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issuedto the insured by the under- signed and are in force atthis time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance comps^v agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Name cf Insured DONALD HARTFELDER Address of Insured 16797 ALGONGUIN, SUITE B, HUNTINGTON BEACH, CA. 92649 Location of Insured Operations 16797 ALGONGUIN, SUITE B, HUNTINGTON BEACH, CA. 92649 Description of Operations ARCHITECT C POLICIES IN FORCE POLICY NUMBER LIMITS OF LIABILITY EFFECTIVE EXPIRATION A Workers Compensation Statutory G- 9-3034542 10-1 78 10-1 7� $100,000.00 Employers Liability B. Public Liability: * $1,000,000 combined single Bodily Injury: limit per occurrence. Manufacturers and Contractors ❑ $ * Each Person Comprehensive General [i] GL 689860 . ,'1/78 2/1/79 a., n_0_Q� U17G _Each Accident (Including products completed operations) Property Damage $ I TVL Each Accident C. Automobile Liability' Bodily Injury FP-9 06909 1-1-79 2-1-80 $100,000.OQachPerson $3LD Each Accident 50,000.00 Property Damage I $ * Each Accident Does policy cover: (Plecse check at least one) All owned automobiles (x) Yes { ) No Non -owned automobiles (.-) Yes f ) No Hired automobiles I ) Yes ( x) No D. Additional Insured Endorsements The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, 'committees, commissions, hoards and. any other City Council appointed body, and/or elective and appointive, officers,. servants or employees of the City of Huntington Beach, when acting as such are additioi� l insureds hereu ider, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach; E. Hold Harmless Agreement: By In red: 91M (Signature) The insured; agrees to protect, defend, indemnify and save harmless the of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. y APPROVED AS TO FORM: F. Remarks Ae fj, 1 f� € is / C, a t, G,AI L HUTTON et¢i,tan ng any recr rement, term, or condition of any contract or other City Attorney document with respet to which this certificate or verification of insurance may ha or may pertain, the insurance afforded by the policies described herein is sA&:rt:5 to all the terms, exclusions anri cDncUfione of e,,rh pnl cies BY' 1 A orn Date Jute 21, 1979 AUT EPRESEN. t�F INSURANCE COMPAP.NY INSURANCE GOMPAWY d By Name Ohio Casualty Insurance Co Signatur of Authorized Representativ+.,'Agent Address P . O . Box 2491 Address P . O . Box 139, Long Beach, Ca. 90801 City Long Beach, Cal -if. 90801 Telephone (213) 434 9991 CERTIFICATE OF INSURANCE I THIS CERTIFICATE IS ISSUED AT THE REQUEST OF: CITY OF HUNTINGTON BEACH LOGO Main Street • Huntington Beach, CA DATE ISSUED: June 18, 1979 THE POLICY INDICATED BELOW BY POLICY NUMBER, POLICY PERIOD AND LIMITS OF LIABILITY HAS BEEN ISSUED TO: INSURED'S NAME AND ADDRESS:. J. DON HARTFE!_DER 16897 Algonquin, Suite B Huntington Beach, CA 92649 TYPE OF INSURANCE DATE LIMITS OF LIABILITY AND POLICY NUMBER MONTH DAY YEAR BODILY INJURY AND PROPERTY DAMAGE DESIGN PROFESSIONALS' EFFECTIVE EXPIRATiz N LIMITOF LIABILITY: DEDUCTIBLE PROFESSIONAL LIABILITY CONTINL,`° S 7 a 70072J /77 7o 8I6I/t8 UNTIL n n $ 00,000 ALL G n S 6,000 EACH CANCELLED DAMAGES OCCURRENCE COMPREHENSIVE GENERAL LIABILITY EFFECTIVE EXPIRATION LIMIT OF LIABILITY EACH OCCURRENCE OR IN THE tEXCLUDING AUTOMOBILES) AGGREGATE - UNTIL UNTIL. CANCELLED $ DESCRIPTION OF OPERATIONS AND LOCATION TO WHICH CERTIFICATE APPLIES:: SPECIAL PROVISIONS NOTICE Notwithstandfng any requirement, terns, or cor4ition of any contract or other document with respect to L ahich this certifi:.ate or verification of Insurance may be issued or may padain, the insurance afforded by the Wicies described herein is sub- ject to all the terms, exckAfons; - and conditions of such policies. This certificate of insurance is merely a recital of insurance afforded by the company on policy and endorsement forms in use by the coat- pany. Nothing contained herein shalt operate to alter itch insurance. Issued at Newport beach, CA DESIGN PROFESSIONALSINSURANCE COMPANY A'UT"ORrZEDREPRESENTATIVE 4 (ARt 6M1'rd 693- I l R. D. Crowell OPIC973 Jr! City of Huntington Beach -Q P.O. BOX ISO CALIFORNIA 92M OFFICE OF THE CITY CLERK June 25, 1979 J. Donald Hartfelder 16797 Algonquin, Suite B Huntington Beach, CA. 92649 Dear Mr. Hartfelder: Enclosed is an executed copy of the agreement for architectural services for Plater Operations Building which was approved by the City Council at their regular meeting held Monday, June 18, 1979. Sincerely, Alicia M. Wentworth City Clerk AMW: bt Enclosure REQUEST FOR CITY COUNCIL AC71ON Submitted by Michael Zambory121 Department Public Works Date Prepared May 31 79 Backup Material Attached �x Yes No Subject Agreement for Architectural Servicea, Water Operations Building City Administrator's Comments I APPROVED BY CITY COUNCIL Approve as recommended gg7 --''-" 1ITT CLERK I Statement of Issue, `Recommendat;- w, Analysis, Funding Source, Alternative Actions: Statement of Issue: l3 An agreement must be executed to retain an architect for the water operations building. I Recommended Action: Authorize the Mayor to execute the agreement for architectural services with J. Don Hartfelder,, Architect. Analysis At the April 2nd Council meeting, the proposal of J. Don Hartfelder, Architect, was accepted to provide architectural services for a water operations building with a total fee not to exceed $28,500.00. A directive was issued to prepare the necessary professional services agreement. This agreement has been prepared, approved by the City Attorney and executed by Mr. Hartfelder. Funding Source: Water Account, No. 920530. MZ:EAE:jy PIED 3178 Submitted by nn REQUEST F=�A MY COUNCIL ACTION H. E. Hartge h4/1- department Public Works Date Prepared March 8 1 1979 Backup Material Attached LJ' Yes t� No Subject Architectural Services for Water Operations Building City Administrator's Comments Approve as recommended. Y CITY C®z U1W Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: At a previous meeting the City Council authorized the purchasing officer to obtain proposals from architects to complete construction plans and sp'eci- fications for the new water operations building to be located at the southwest corner of Garfield and Huntington. The proposals have been received and evaluated Recommended Action: Accept the proposal from J. Don Hartfelder, Architect, to complete the workfor a sum not to exceed $28, 500 and authorize the preparation of a pro- fessional service agreement. Analysis The original estimate of cost for the work including soil investigations as previously stated to the City Council was $50,000.00. The proposals received are as follows: ; 1., J. Don Hartfelder (time and materials, not to exceed $28,500) 2. Tom and Truskier, Architects (hourly rates,n�t to exceed $30,000) 3. William Blurock & Partners (hourly rates with maximum of $30,000 plus soils investigation cost) 4. John Bartlett Associates (maximum fee not to exceed 7% of construction estimate) Based upon an analysis of the proposals, it is recommended that J. Don Hartfelder, Architect, be awarded this project. Funding Source: Funds in the amount of $50,000 were budgeted for this study in FY 78-79, Water Account No. 920-990. ) w 'LANNING ZONING` OPT SECTIONAL DISTRICT MAP 1-6-I I®-INrEE° NOTE' �� ® GYY ADOPTED COU601L JUNEORDINANCE NC 1960 ORDINANCE NO. 770 ud TELT ANT ZONE ADJOINING — RN:Hr Or wAT u oluc . TO E. rD cxrcrro TO TN[ CENTER a INrc.. AMENDED ORD. NO. AMENDED ORD. No. O w ]UCII wcNr or rur . LEGEND: 5-1-61 834 1- 20-69 1466 �� � ������ BEACH 5-15-61 5-7-62 10-IS-62 900 S32 932. 7-7-71 1657 9-15-75 2011 7+7-75 1989 PI CO-M4LE TY ILYFA RESIDENCE OISTWT � LIGHT INDUSTRIAL 01 TRICT TIONII COMWRdTY FACILITIES (EDUCATIONf D:91PN:T 1-21-63 942 .iE G-3-65 969 COMWNRYFACaIiIES IPEEREATION7 DISTINCT 12-2-63 1021 © HIGHWAY DOMMERCIA4 p/y� �{T 0 R A N V E COUNTYCALIFORNIA 15.6 1062 PA RE4GF1 ildL NaRICULTUPiL 05iAICf i 2-7-64 1 06 © COMMUNITY BUSINESS DISTRICT AMENDED BY ZONE CASE: 4-4-66 use SUFFIX LEGEND 122, 148,150,151,153, 164, 237, 269, 285, 316, 376, 372, 444, 482, 66-3, 66-32, 66-37 , 65-62,75-5, 8-15-66 10-3-66 1243 1259 68-44,71-12, 74-18 I_16-67 1290 ]5 >6--SETBACK EoJC WRN OIL PPOOUCiIOH LINE ]6 ]I GARFIELD AVE. R I f R Rt� ca RI RIj RI R I cuPP=R R 1 oiL x } RI U 752 03 WR46DOOd 37Y.00.RI fL,WWN YFAYEr CR: j <_ L RKPORT V 1 m Z RI i Rl CZ Rl RI Rl RIsCLOIL OWMEAD RI RI ADAMS AVE. r a h� SECTIONAL DISTRICT MAP 2-6--II X4C CITY Off, A 0 I- UNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP WATER OPERATIONS BUILDING SITE GARFIELD AVE. 1 L__ r I E m I ¢ a W N y � O S �N CLAY _r AVE. 5.,:. —1 nPqf:Tl t -7DPI _ �- C_ �COr Im no - �ii1H(lil= _•-- - :. f fill i= __-==-�I11`�� i� �a r,