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HomeMy WebLinkAboutJ. DON HARTFELDER, ARCHITECT - 1979-06-19A 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 BEACHHA, a municipal corporation, hereinafter referred to as ", and J. Don. Hartfelder_, Architect a licensed firm, hereinafter referred: to as CONSULTAMT, WITNESSETH: The City Council. of CITY is authorized jo engage the services of a profsssiona.i architect for the performance of necessary architectural services for and on behalf of CITY; and It is necessary and dP-�irable that Professional arc.hitectural services be performed for CITY az more specifically described in the Regijest for Proposal fox, architectural sr-rvioes for Wat-,r Operations 11l ilding hereinafter referred to as PROJECT:. Said proposal is attached hereto, marked Exhibit and by this reference incorporated herein and made a wart hereof., t CONSULTANTshall have a high degree oi' specialized training aad experier^e and skull have all necessary l;,censas therefor to practice and perf rr„ the st-�rvice8 herein contemplated. and J`Cx;bt» In 5/14/79 CGNSI7LTANT ag gees to �:rfox�m the architectural � services necessary for this project; and.; CITY hereby employs CONSULTANT to perform tzie follow- � z. ing zer vic es as .T equ ;. =_-' `. r PROJECT and CONSULTANT agrees to pro- ' vide those services in accordance with :recognized standards of A th.- architectural profession; and , No official c:r employee of CITY has a financial in-'Y' erest in the 8ub7ecz F,.atter of this agreement contemplated r� s ` within the provisions of California Government Code Section 1090- i 1"tip 109 2 ,, and CONSUL'_"ANT wa rants that it shall perform the see, vices, herein contemplated in compliance with the California laws re- laved to minimum hours and wages (California. Labor Code Section 12,71 �-t seq.), Occupa:tionaz. Health and Safety (29 U.S.C. 651 et seq., ane. the California Labor Code Section 6300 et seq.), and fair employme'.. raLtis-es (29 U.S,C. 201 et seq.; and California ` Labor _Code Section 1410 et seq.) to the extent same are applicable herein z and The parties hereto desire to set forth their rights, duties and liabilities in connection with the services to oe pep - formed under this PROJECT. NOW, THEREFORE, it is agreed by CITY and CONSULTANT as f"o.` `ours SECTION 1. GENERAL DESCRIPTION OF WORK. TO BE DONE: (a) CONSULTANT shall provide all engineering services as descrlbod in Exhibit "A" including but not limited to surveys x x_n­astigations, consulvations and advice, estimates of quantities and costs, and any other miscellaneous architectural services required to complete the assignment as outlined: in � z M Exhibit "A. (b) CONSULTANT shall attend and assist in all coordi- ation meetings.,' SECTION ?, DISPOSITION OF PLANS, ESTIMAIPES AND OTHER ice° DOCENTS. B fi CONsUL•2ANT -greps that all ori_gina3 drawings, reports, r =, both iel,' and office notes, calculations, maps and other docu mF;xz t, shall be turned over to CITY upon completion of PROJECT. SECTION 3. DISCRIMINATION. CONSULTANT agrees that in t ;e the terms g performance of of this agreement, it tfill.not engage in, nor permit its agents to engage in, discrimination in employment pe sons because of race, religious creed., _,olor, national origin, ancestry, physi- cal bandleap, meth aal. vondit;ion, marital status, or sex of such persons, except as provided in Sect'= lh20 of the California Labor Code., Violation of this provision may result in the Im- position of penalties referred to i_n Division 2 Part 7;, Chapte I of the California Labor Code SECTION 4 INDEMNIVICATION DEFENSE, 1-40LD HARMUE Z: 7 CONSULTANT hereby agrees to defend, indemnify and bold CITY, its officers, agents and employees From and against any and all liability, damages, costa, losses, claims and expenses,, proxi._ {R 3 y e _ - ``�'�vac}aexezrt..p'8.:. � ��m.>. "Jae::iei..vvti.Yds'Iw.waitYebeil�ili�fSl,'.U4�ii#HA+fi :U... yy mately caused by or in connection with CONSULTANT'S performances of � 34 this rgzeement (including but not limited to such liability, cost, damage, loss, claim or expense arising fromthe death or injury to an agent or employee of CONSULTANT, his subcontractor'' t =r` or CITY, or dama:g-i to the property of CONSULTANT, his subcon- tractor or, CITY), except 'ibere such liability, damages, costs, { . losses, claims or expsr.es arc- caused solely by the negligent or ,f wrongful acts of CITY ar any of its agents or employees ir,:hiding negligen-t', omissions or coz-missions of CITY, its agents or employees, 4 in connection with the general supervision or direction of .he 'fork to be performed hereunder. SECTIO14 5. WORKERS' COMPENSATION. CON51JLTANT shall comply with all of the provisions t or the Vlor�Cers' Corapen3ation Insurance and Safety Acts of the State of California., the applicablf provisions of Divisioi 4 r and 5 of the CG,lifornia Labor Code and all amendments thereto; and all similar State or "Federal acts or laws apply cable; and snail Indemnify and hold ha.rml.t ss CITY from and against all r claims, demands, payments, suit:.., actions, pro�.aedings and Judgments of every nature and �Ieseription, i,a jding aftorneoy's feaa and Losts, p,�eserted;, brought or recovered against CITY, for or on, account of gr4y liability for failure to obtain Workers' Compe_ cation Insura aQ for employees employed by CONSULTANT under tale agreement s SECTION 6. INSURANCE., CONS-UL117ANT .agrees to fiirn.irh to CITY and maintain in force unii the complw�tlon of rt.ROJRCT a general liability in- -NNW surance policy in which CITY is named as an additional insured. { The policy shall insure CITY, its officers and employees while .t acting within the scope of their duties for the acts or omis- sions of CONSULTAINT in connecticn with FROJE —4. The policy shall for less than tte follcwing amounts: Combined single provide not - limit bodily injury and/or property damage of $1,000,000 per , } occurrence. Such policy of insurance shall specifically provide p y - p �f thatany other- insurance carried by CITY which may be applicable shall be deemed excess and CONSULTANT'S insurance prima— despite any conflicting privisions in CONSULTANT'S policy to c^ntrary. 4 SECTION 7. INDEPENDENT CONTRACTORS It is further understood and agreed that CONSULTANT is, and shall be, acting at all tames as an independent contrac- tor herein and not as an employee of CITY. CON")ULTANT shall secure at its expense, and be responsible for any and all pay- ment of income tax, so,ial security, state disability insurance compensation, unemployment compensation and other payroll de- duations ,for CONSULTA14T and its off'xcerz, agents and employees and all bv-11ness licenses, if any, in connection w_�.th the ser- vices to be performed hereunder. SECTION 8. CITY STAPP ASS,.STANCES ``. CITY shall assign a staff coordinator to work directly : with CONSULTANT in connection with the work of this agreement. SZ 0=01: 5. PROVISION FOR PAYMEM : In consideration OZ the performance of the above deV ' sori,beti engineering services, CITY agrees to pay CONSULTANT an 5. amount based upon the fee schedule breakdown act set forth, be- c low FEE SCHEDULE BREAKDOWN � Payment for architectural services shall be as set forth Ab-. in this agreement and outlined in the Request for Proposal and i s- shall be based upon the following hourly rates but shall not emceed $ 2$,500.00 4 Prinelpal $38 00 per hour �>> t. Draftsman $27 e 00 per hour ryFs per hour per hour per hour per, hour - SECTION 10. EXTRA WORK - (a) In the event of authorization, in writ-- be City Engineer of changes from the work as indicated in "All or for other written permission, authorizing additi c, ^k not contemplated herein, additional compensation shay:. for such extra wort but extra compensation shall not percent of the total contract, as speci-Pied above, w, arprov'al of ;PITY. (b) OO9SULTANT shall submit monthly invatces which speeity the area where work was completed and she associated time ror completion to the City Engineer for approval. Mork: performed,, at the request ref CITY, outside: the 11mit specified in this agree- nµ to merit is to be designated as' "EXTRA WOLtK11 on monthly invoices. Work performed in connection with an authorized written change order will be so designated on said invoice. � SECTION 31. TERMINATION OF ':;ONTRACT s � All work shall be do7.� in a Food and workmanlike manner and CITY reserv,=;s the `o terminate services hereunder at any t me with o wil ,e, and whether or not project has been fu1ly completed. An ei-minatton hereof, end any special in- F structions hereunder from CITY shall be Trade through the Gity Engineer, and in writing, which 1—y be delivered in person to •s CONSULTANT or mailed through the nz)rrnal cairse of mail to its ,Tow -established business address. In the event this agreement ° is cancelled, all drawings, designs, specificat=ons and appur- tenant data may be used by CITY without additional cost to CITY. Should CITE decide to terminate this agreement for any reason, :. r. CONSUTRANT ;shall be entitled to payment, on an hourly basis in `! accordance with the rate schedule herein, for work completed 1�,r`?or to written notification. SECTION 12. SUBCONTRACTORS. This agreement is a personal service contrr :t and the t Supervisory work: hereunder shall not be delegated to �,,ny person or entity without the consent of CITY SECTION 13. ADDITIONAL, PROVILIONSz C DNSU£ TANT agrees that no regular-Mployee of CITY shall be employed by its .{"irm=during the time bat this agree- ment if in effect. IN 'OITNIM '';REREOF-, the parties hereto have caused -his t. agreement to be executed by and through their authorized r Officers the day, month and Ajear first above written. CONSULTANT r , lk r� CITY 02 WxTME4GU3;41 BEACH, a map -i£ aI corporation Mayor ATTEST; APPROVED AS To FORM: Y City Clerk �/ City Attorney BEVIEWED AND hPPPOVED - ;✓ � INITIATED AND .APPP O D c ity Administrator' ,r zxector 6,tPTAlic WO 5 i ti r EXHIBIT A Scope of work, architectural services for water operations building_ It is intended that t-he work will be completed in two phases, T and %I, Dutli.red belowt 1. °relimina.ry Work and Soil investigations This plies e includes the finalization of space rL'auirement;s r floor p] -. layout, and a colored arcnifrtotural rendoriny of a: the opal -tons bull.ninq. As a part of this work, soil. ��r•N' borin(js u„d a foundation investigation shall be c:nnmMeted ' by a reg-istered Civil Engineer, spec;ial.iz t,q in suils engineering. 11. Construction plan T and upecificatiOnS This phase- includes tho proparation of all flans, specifics- tzozs, and contract documents for the contraction of the building. An estimated cost of thL- buildzrul, by biro itr--m'sl shall be sub -Pitted. As a part of this phase, a landscaping, plan and estimated cast shall bci suUmitte*d . Return original and three copies of astribuui on: 0olginal - Originating Dept completed certificate to: CERTIFICATE OF INSURANCE After Appruvel Yellow . Risk Manager City at Hupt)b�'ron Bench TO $ll Ch 4 ty Attorney Pink - City Clerk , � Dept., r� �"' �/ t7. I !`sold .-. City Attorney P.0,Box Igo CITY OF HUNTINGTON BEACH, CALIFORNIA Huntington Beach, California 92648 A MUNICIPAL CORPORATION This is to cartify that the policies of insurance as described below have been iss led to tihc insured by the under- ,ioned and are in force at this time, If these policies are wnceiled or changed in such a manner that will all eat this certificate, the insurance company agrees to give 34 days prior written notice, by mad, City of Huntington Beach, P. 0, Box 190, Hurtineton Beach, California 92640» Name of Insured J, DONALD HARTFELDFR Address ofinsu--J. _ 16797 ALGONGUIN, SUITE B, UNTINGTON BEACH, CA. 92649 Location of Insured operations 16797 ALGON rUT , SUITE B, HUNTING'TON BEACH, CA. 92649 ARCHITECT Oescritttiot' 1f Ope ations-,�. D FP-iR POLICIES IN FORCE BOMBER LIMITS OF LIABILITY EFFECTIVE EXLICY 1Ti� A. Workers Compensation Statutory G" 9-3034 42 10-1 78 10-1 7% $100 r G00.00 Employera'' Liability B3 Public Liability: - " 11,000,000 combined single Bodily Injury: limit per occurrence. Maoufacturev'^ and. Contractors 0 $ ° =.ch Person Comprehensive General E GL 689860 2/1/78 2/1/79 G.,ELO_Q,..(Lr_EachAccident {Including p r;ducts cot, plated operations} Property Damage $ �^ £ac: � At :idc)tt C. Automobile Liability: Bodily InjuryFP-9 06909 1-1-79 2-1-80 �c100, 000. 0@arh Pcrsan $3{tfj,,B0a gHachAccident 50,000.00 P:apertyDamage -_-Each Accident Does policy uover: tPiease check at least one) All owned automobiles (X } Yes I } No Nan -awned automobiles (X } Yes i } No Hired automobiles S } Yes 4 X ) No D. Additional Insured Endorsemmnt: ,he insurer agree: that the City W Huntington Beach and its City Council, andor all City Council appointed groups, committees, commissions, boards and or:y other City Council appointed body, and/or elective: and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, fov the actsof the insured, and such insurance shall be primary to any insurance of the'City of Huntington Beach.. s E. Hold Harmless Agreement: ,By Ip red: o � -`� � "-` �� r � I t.1scp-,�.,e.�t rsiiir ature) This Mastered agrees to proitoct, defend, ..idemnify And sate harmless thw _ y of Huntington l3f-sch against loss, damage or expimse by reason of ;tiny suits, claims, deatw)his, judgmentsand �auses of action abused by insured, his employees,: agents or any subcontnutor or by any third party arising out of or in consequence of the performance of all at any operations cxtvered by the certi'floto of insura:tca•. f .. .._ _ APPROVED AS TO FORM: F.: RamerlCs. ra : /,4 . 4 � �� � �, .t eud, ,t GAiL HUTTON ­ ea ng srly requ rerrodt City Attorney ehn, or condition of any ccntra.�i or other � �� respect to *With this Mrtifi.ete or ver'trir tian at )rs�.nt nnrn may � fSVjAd. or Maly perWA$ the ktsuraroce afforded by the policies described herein is '¢»^� n S! it4^ fC,�IttS. i,ktrt iStan and renreFtinric nt`,i,SuayjYp±.lCi1�£�..�+., ByA+C.�.ti 7 CStA orn Bate Jlxri@ 21, 1970'- ,A'UTA. EPRESE OF INSURANCE COMPANY 1nfWRANCC COMPANY By^�- 1Jarne Qb4q` Casu;nity ,r.riStl,lf'i oe CO natti ref Authorized Rai e"otativotmefli _ ,isddrNss s„Q,� e tr tx Address P.O. Bea 1 '9 , Long Beach, Ca. 90801 City�p, }3i r Calif90801 Telpkone2 81 454 9991.. t CfSW t 0FMkOWS INWRAW!* COMPAW .A. 0 50 CALIFORWA STREET, SUITE50 a SAN FRANCISCO, CAL-WORNIA 94111 CERTIFICATE OF INSURANCE THIS Ci=RTiMATE d8 !SSUED AT THE REQUEST OF; CITY OF nUNTINGTON BEACH 2000 Mafia) Street Huntington Beach, CA pAiTE jssueo. June- 18, 1979 THE POLICY INDICATED BELOW BY POLICY NUMBE4,POLICY PERIOD AND 0MIT6 OF LIASILITY HASH[En ISSuEt1 TOz •>.,_.. ---•�--..:�,x.--==:�:c.,���-'�^-•-..---,.--tea^ �--_;zc�.----c�xis�.�._�-� '. J. DON HARTFELVER x 76897 Algonquin, Suite B Huntington Beach, CA.92G49 TYa,E OF ANDR{aNCE LI DATE Mi7S OF LIABILITY POLICY NUMBER MON H GAV YEAR BODILY INJL; Y ANC PR4RERT 'DAMAGE i2 9tU`_i�l Rkf3,�'L�$SIC7NAL.5._ E' 'i•'E:'.YkVf_ !9XI�tRATihtR_s l..tivlIT t'ir t'(Ai jZj3V � bi;RUCi[EILC cowiwuaus , 700723 8/17/78 uturiL a � 500,000 ALL LI s 61000 A CANtELLtrta gaheaaEs accuitt?!'Nce CoMPREHENSIVt GENERAL (EXCLUDING AUTCta4O0tLtiSf CFFECI)VE I EXPiRATtCiN j LIMtI Or, L IA&ILITY CACIf0CCQRRFNCi 04k IV tiff AC, REGAM t CONTINUOUS ...CAT( —N UNTIL �AIvC6LLEa � ,•., .•��Y��• A>Y �` •'__ ,�,...,.,,,.,._.,,y..„,...�. ,> »„..., ,.... - Y0 WHICH l 17E5Catlfi+TLa�k {dh CaS+C3i+fi'Yit��IS AMC3 LpCR7ta!'� ^t't� �+Vi�ltCi-t CERYtt^tCAT !~ #�FPL.JE6. i f ; E+wn.w,.:.......,+ww.,..,�...,;«.......«...,..... ...,ww :... ...-...,...-.«.....�.».w..„w.....,.,,b..�,;+-,.w.,.,...«.,w..,.:....<.+....,�,�....w..,.,.,.:w..�....-.,+.....,-.,.,-.�,...:...'a.»+„v.«.,...�,w...w.«,. ...-....-.,..-a+.> :. 41 r , sia'»�Is��. �aa�isiO�ts �d#xatrf�etv+dir�r any t�utrilrr�i � ir�z»,suca�ndtilorifYt snycq+israe�x gifi�r 4sxitn>attt tvi#s r�rsyAGk I . �. tvPtt�i #ta#a rtll4t�!C� eik #ectltcs4tt,t af''lrultlt�i^A.mx}•;:4IR�titt! tY tfl&T � t7mtrz Ih� f wAj;%n affm*d by , , : LIBIC �S4%IgA spt�lbfsrf !>i�gril;a i�3wt? fa x3i: jr* #,slams, itgohaknUk pm 44"*A9 btIkith 00Alia i1 t, fro:':k�ev:p�«.enr>»r w-.,w._.; ..„,n:..�.q',i�+�:enx. m�un.�+�zxh. ., -"-'P'1�"^•a----r,�.r---,•+^k,:;.-.�me".^.t4.-.rr- ,,..,,„-.,,.s. ' This two ic4te cat i^h51, r4pc8 4'myely it r 0 pf inwrof o atk*#od by the'tompany on policy am wt#arsoiT om fo,ms in use by rhs CLTfts4 ' �Yw i�t�t3:a� �cs; .,+� ki>xtRirf sit�ii �tper�fs� Ra �lt�r+�t r°IsaaK�rtr ti t s+ B ;it K S k i �, . »w ..� a �wb,b.,.. C, AESiO id PAOFESVONALS INSURANCE }*� IAN IL crowell 'ftixl�. �i Att REQUEST FOR CITY COUNCIL ACTION Submitted by Michael Zambory Departmont Public Work--; Dpa ate Prered May-31 �47 9 Backup Material Attached (E Yu No Subject Agreement for Architectural Services, Water Operations Building City Ad,ninistrator's Comments BY ClTX 00jiNCM Approve as recommended ----------- CITT CLEIty, Statement of Issue, Recommendatic;n, Analysis, Funding Source, Alternative Actions: Statement of Issue: An agreement must be executed to retain an architect for the water operations building. !'recommended Act -on: Authorize the Mayor to execute the agreement for architectural services with J. Dan Hartfelder, Architect. Ln4 :1 y �i�s At the April 2nd Council -meeting, the proposal of J. Don Hartfelder, Architect, was accepted to provide architec 'aur%i services fr�r a water ,operations building with a total foe not f---) exceed $28,500.00. A clirective. was issued to prepare the necessary professional services agreement, This agreement has been prepared, approved by the City Attorney and executed by Mr. gartf-elder. Funding Source: Water Account No. 920590. 14Z. Elx Ar CZ REQUEST FOR CITY COUNCIL ACTIO1` � .. H. E. Hartce #,!// public Works Submitted by �..� -�. Department s [date Prepared March 8 , 1979 Backup Material Attached Fx_ 'ss Q No Subject Architectural Services for Water Operations Building City Administrator's Comments ApprQve as recommended. r � F1� V, Statement of Issue, Recommendation, Analysis, Funding Source, AltRrnative Actions: Statement of Issue: At a previous meeting the City Council authorized the purchasing officer to obtainproposals from architects to complete construction plans and sp(:ci 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 Hart.felder, Architect, to complete the work for a sum not to exceed $28,500 and authorize the preparation of a pro- fessional service agreement. Analysis: The original estimate of cost fox the work including soil investigations as previously stated to the City Ccurxcil was $50,000.00. The proposals received are as follows: 1.. J. 'Don Hartfelder (time and materials, not to exceed $28,500) 2.. Tout and Truskier, Architects (hourly rates,not 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) Rased upon e.n analysis of the proposals, it is recommended that J. Don Hartfelder, .Architect, be awarded this project. 1 ulldin . Sources FUR s in t e amount of $50,000 were budgeted ac,r this study in >±Y78-79, Water Account :<>o,, 920-990.. NO we Akr O'irED Dy CITY COUNr3L 19= -- *,RLANNING ZONING DM t SECTIONAL. DISTRICT MAC 1 NOT[ ADPPTE➢ AWE 2P, 7960 tat wN�an4.N.c M Y[Li Y{y-�+prs{- y" /1 -yf—� un SOK ,vSaa+NY. r�r KMrrY �+ ' t, p4j1�A',R•p■.! NKp f q�neyJ eidl JNpp ` a17T 40UNG14 OND,NAXGE KO.. 7T0 e+r[wa8 ro rtT[ra io n!e 4eM[A V ?.LM Ibb[I fir w .d A NP OXP. NP. ANENPEO QRD. NP. 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R6 Rl Rt R .� -sc =It t`sue' maf4mse7.S a R( „� _�.R! Rt�� Rt � Rf � ..�...: R t 1 + R } x RI Rt f =R 1 m 1, i R : .arse . Rt Ri _ 1 RI R# v.cw * Rt Rt Ri 4F E tz7 R1 b iou` g+ J t ..•- '+ �..._ �,, lr.-.. .._ ^'f. R rx1 i Rt �4 t� t `t T ,kF#MS[ IIl.[IC'P,^� '� 1 .k�.-..-.,..... .w^^..-._-,+' Rt iX ...4' #s , Rt Rt Rt Rt. Rl-Rt Rt R1. st t f R# i? t Rt I Q t Rt Ri z t� t; R( Rt a Rt s Rt 6 Rt — Rf t Rt R( R t Y R R i Oft r� z 4 1 T Rt Rt �iG t ' t° wvcr Fit R1 Rt ii t tc f v 1q " 1 (� j �Y 1 .w _ 4 .. J n afu Ave V , "1 � t r, w. PLANNING coo SECTIONAL DISTRICT MAP 2- 6 -11 �. � �t«t liv- CITY O 14 dui HUNTINGTON BEA h& f"I", 0R.A,NGE COUNTY, CA1,1 `ORNIA , USE OF PROPERTY DdAP WATER ©PERAT l ONS BUILDING SITE CARRELO AVE, , _.�.TF i 111 AVE uk j ". �t a4t ck ii S -tiJ. M K O _ ` 'GdfiSMSi " Ygah AO'Yt RYE iGi 'i„ j PY.p...."✓�,.`A„»!l+, x, wfL' w i '-•1 �YCW A Awr Ili M3F t,i�(y ; t ~ f t ir7FONi4 y MID Tpy $ ADAMS AVE. ., -...+� .... �...�....... ,. w+ .....max... s. _..