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HomeMy WebLinkAboutJAMES ADAMS & ASSOCIATES - 1991-05-20 (2) r . FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES ADAMS & ASSOCIATES TO PROVIDE PLANNING SERVICES FOR PIER PLAZA THIS AGREEMENT is made and entered into this 21st day of October , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and JAMES ADAMS & ASSOCIATES, corporation, hereinafter referred to as "CONSULTANT. " WHEREAS, CITY and CONSULTANT are parties to that certain contract, dated July 27, 1991, entitled "Agreement Between the City of Huntington Beach and James Adams & Associates to Provide Planning Services and Conceptual Design Drawings for Pier Plaza, " hereinafter referred to as "the Agreement; " and CITY and CONSULTANT wish to amend the Agreement to reflect the extra work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows : 1. SCOPE OF WORK The services provided by CONSULTANT shall include the scope of services set forth in Attachment No. 1, "Additional Scope of Work, " attached hereto and incorporated by reference herein. The work will be completed within six weeks and will include a comprehensive analysis of the existing condition of the pavillion (Maxwell ' s) building. -1- a . r 2 . COMPENSATION In consideration of the additional service described above, CITY agrees to pay CONSULTANT the further sums of : Maxwell ' s Feasibility $24, 000 Site Plan - Between Seventh & Lake Streets 8, 000 Donor Recognition Designs 2, 500 Total Additional $34, 500 Total compensation under this Agreement shall not exceed $84, 000 . 00 . 3 . STRUCTURAL ENGINEER, INSURANCE. CONSULTANT shall retain a structural engineer to perform the services related to the condition of the Maxwell ' s building and prepare designs, drawings, reports, recommendations, and cost estimates . The City Administrator shall approve the retention of the structural engineer in writing prior to retention, and the structural engineer shall comply with paragraphs 9, 10, and 11 of the Agreement relating to insurance and provide CITY with certificates of insurance. In addition, the structural engineer shall provide a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for the structural engineer ' s professional liability in an amount not less than $1, 000, 000 per claim. A claims made policy shall be acceptable. REST OF PAGE NOT USED -2- 4 . REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Agreement shall remain in full force and effect . IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the date first above written. CONSULTANT: CITY OF HUNTINGTON BEACH, JAMES ADAMS & ASSOCIATES muni al corporation ‘ - df t e ate of alifornia airdr Pr- .1! t Mayor J11F44$411463100 ATTEST: By a/SW:id ZAPC40,7 Secretary City Clerk APPROVED AS TO F M: INITIAT D, R1EVIEWED AND APPROVED It/ 4L < 1 City At r ey 4? ` Director of Community Development APPROVED: ity Admi is ra or -3- ATTACHMENT NO. 1 ADDITIONAL SCOPE OF WORK 1. SCOPE OF SERVICES - MAXWELL' S FEASIBILITY 1. A maximum of two site visits to document existing architectural plans and elevations . 2. Code analysis to determine conformance of existing building to the current Uniform Building Code, and handicap accessibility requirements . 3 . Written report outlining recommendations to correct deficiencies that may exist with respect to Uniform Building Code and handicap accessibility requirements . 4 . A maximum of three site visits by structural engineer to perform the following: a. Visual inspection of the building to determine structural condition of existing structure. b. Field investigation of the building to determine structural characteristics of existing building such as framing, foundation, and lateral load resisting system of the structure including diaphragms, shear walls and/or frames, drags, chords, and other related items . 5 . Structural as built drawings using information gathered in items 4a and 4b above. 6 . Structural calculations to determine structural adequacy of existing building and its conformance to the current Uniform Building Code requirements. 7. Written report of all findings with respect to the structural system of existing building. 8 . Outline of recommendations to correct deficiencies that may exist with respect to the Uniform Building Code requirements . 9 . Cost estimate to implement corrective measures based on investigations . 10 . Cost estimate to implement necessary rehabilitation of exterior finishes and materials . 11. Notify the City of Huntington Beach of suspected hazardous building materials, such as asbestos, as may be encountered during investigation. James Adams & Associates does not guarantee or assume responsibility for identifying hazardous materials . ATTACHMENT NO. 2 . SCOPE OF SERVICES - SITE PLAN BETWEEN SEVENTH STREET AND LAKE STREET 1. Design concept for north and south of Pier Plaza area, to tie in with South Beach Task Force. Including a relocation of the Maxwell ' s Restaurant building, the location of a surf museum, development of a new parking lot with landscaping and beach accessways . 2 . Drawings to include building concepts with section drawings relating to the new locations. 3 . SCOPE OF SERVICES - DONOR RECOGNITION DESIGNS 1. Design concept for donor recognition plaques and statuary, and proposed locations . Attachment No. 1 -2- (1062d) r f AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES ADAMS & ASSOCIATES TO PROVIDE PLANNING SERVICES AND CONCEPTUAL DESIGN DRAWINGS FOR PIER PLAZA SECTION PAGE 1 Work Statement 1 2 City Staff Assistance 2 3 Time of Performance 2 4 Compensation 2 5 Extra Work 3 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 5 8 Indemnification and Hold Harmless 5 9 Workers ' Compensation 5 10 Insurance 6 11 Certificates of Insurance; Additional Insured Endorsements 7 12 Independent Contractor 8 13 Termination of Agreement 8 14 Assignment and Subcontracting 8 15 Copyrights/Patents 9 16 City Employees and Officials 9 17 Notices 9 18 Immigration 10 19 Authority 10 20 Entirety 11 7/29/91 . AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES ADAMS & ASSOCIATES TO PROVIDE PLANNING SERVICES AND CONCEPTUAL DESIGN DRAWINGS FOR PIER PLAZA THIS AGREEMENT is made and entered into this :276A day of J4/y , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and JAMES ADAMS & ASSOCIATES, a corporation, hereinafter referred to as "CONSULTANT. " WHEREAS, CITY desires to engage the services of CONSULTANT to provide planning and design services and prepare conceptual drawings for the Pier Plaza area in the City of Huntington Beach and the County of Orange; and CONSULTANT has been selected to perform said services; NOW, THEREFORE, CITY and CONSULTANT agree as follows: 1. WORK STATEMENT CONSULTANT shall provide all services for preparation of detailed conceptual design drawings for the Pier Plaza area. CONSULTANT' S services shall include: (a) site plans, elevations, cross sections and other colored renderings as deemed by CITY necessary to communicate the Pier Plaza design to the community; (b) design specification of construction materials and landscaping; (c) attendance at two public meetings and a meeting of the City Council; (d) analysis of how project construction can be phased and constructed with interim materials to make the project economically feasible; 7/29/91 -1- (e) exploration of alternative project sizes and scope, including identifying additional activities and costs for completion at a later time; and (f) review of any needed changes to the pier entrance to integrate it into the Pier Plaza design, as more fully described in Section I of CONSULTANT' S Proposal for planning and services dated May 30, 1991 (hereinafter referred to as the Proposal) , which is attached as Exhibit A and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as the "PROJECT. " CONSULTANT hereby designates James Adams, who shall represent it and be its contact and agent in all consultations with CITY during the performance of this Agreement. 2 . CITY STAFF ASSISTANCE CITY assigns the Director of Community Development or his designee as staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3 . TIME OF PERFORMANCE Time if of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement, and shall be completed in 120 days . Time limits may be extended with the written permission of the City Administrator. 4 . COMPENSATION In consideration of the performance of the services described in Section 1 above, CITY agrees to pay CONSULTANT a fee of not to exceed Fifty Thousand Dollars ($50, 000 . 00) . -2- 5 . EXTRA WORK In the event of authorization in writing by the CITY of changes from the work described in the Proposal, or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such Extra Work, so long as the prior written approval of CITY is obtained. 6 . METHOD OF PAYMENT A. Progress Payments . CONSULTANT shall be entitled to progress payments toward the fixed fee set forth in Section 4 herein in accordance with the progress on the work described in the Proposal . B. Delivery of Work Product. Copies of site plans, elevations, cross sections and other colored renderings and design drawings, memos and reports ("instruments of service") prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks . In the event CITY rejects or has comments on any such instrument of service, CITY shall identify specific requirements for satisfactory completion. Any such instrument of service which has not been formally accepted or rejected by CITY shall be deemed accepted. C. Invoices . The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT' S firm that the work has been performed in accordance with the -3- provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days ' of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve all or any portion of an invoice, the city shall so notify Consultant within ten (10) calendar days of receipt of the invoice. Consultant shall be paid for that portion of the invoice not in dispute. D. Billings for extras . Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required under paragraph 6C, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. -4- 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original plans, maps, drawings, elevations, designs, submittals, statements, reports, both field and office notes, calculations and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain reproducible copies of all data prepared hereunder. CONSULTANT shall be notified of any changes in the design and provided with copies of any changes; CONSULTANT shall not be responsible for changes to the original design done by others . 8 . INDEMNIFICATION AND HOLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this agreement by CONTRACTOR, its officers or employees . 9 . 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 -5- similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney' s fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall obtain and furnish evidence to CITY of maintenance of statutory workers ' compensation insurance and employers ' liability in an amount of not less than $100, 000 bodily injury by accident, each occurrence, $100, 000 bodily injury by disease, each employee, and $250, 000 bodily injury by disease, policy limit. 10 . INSURANCE In addition to the workers ' compensation insurance and CONSULTANT'S covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, -6- • including blanket contractual liability, of $1, 000, 000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1, 000, 000 . Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT' S insurance shall be primary. 11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 9 and 10 herein. Said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under Section 8 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely -7- manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONSULTANT' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 12 . INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13 . TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT' S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing through the City Administrator, notice of which shall be delivered to CONSULTANT as provided in Section 17 herein. 14 . ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the prior written consent of CITY. CONSULTANT may enter into subcontracts for performance -8- of extra work as described in paragraph 5; provided, however, that CONSULTANT shall not subcontract or retain a subcontractor, consultant or independent contractor to perform this Agreement, any portion thereof, or any extra work as that term is defined in paragraph 5, without the prior written consent of the City Administrator. The CITY reserves the right to approve any and all contracts or agreements entered into between the CONSULTANT and a subcontractor, consultant or independent contractor. 15 . COPYRIGHTS/PATENTS CONSULTANT shall not apply for or assign rights to a patent or copyright on any item or material produced as a result of this Agreement. 16 . CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official or 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 California Government Code Section 1090, et seq. 17. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT' S agent (as designated in Section 1 hereinabove) or to CITY' S City Administrator, as the situation shall warrant, by facsimile transmission, or by enclosing the same in a sealed envelope, first class postage -9- { prepaid, and depositing the same in the United States Postal Services, addressed as follows : TO CITY: City of Huntington Beach City Administrator 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: James Adams & Associates 206B Riverside Avenue Newport Beach, CA 92663 18 . 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 8 U.S.C. § 1324a regarding employment verification. 19 . AUTHORITY The parties executing this agreement warrant and represent that they have authority to execute it on behalf of the entity named. REST OF PAGE NOT USED -10- 20 . ENTIRETY The foregoing Agreement and the Proposal constitute the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONSULTANT: CITY OF HUNTINGTON BEACH, JAMES ADAMS & ASSOCIATES A municipal corporation of the tate of California By President Aiistayor ATTEST: By -� Secretary City Clerk 8/41 APPROVED AS TO FORM: INITIATED, REVIEWED AND APPROVED ( 41.01r i City Attorney in 'Director of //sr f/ Community Development �APR6VED: ,A-5/S/ r City Administrator -11- JAMESADAN\SeDMSOC1ATES 2O6B 1ZINIERSIDE AVE.NEWPORT BEACH GAL.92663 714/645.1791 May 30, 1991 RECTE -• MAY31 'J9i Mr. Michael Adams Dept.of Cc.:,n. Deve:opnent Director of Community Development City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Huntington Beach Pier Plaza - Project No . 91-262 Dear Michael: We are pleased to submit our proposal for conceptual planning and design services in connection with the Pier Plaza site (approximately .7 acres) between the Huntington Beach Pier and Pacific Coast Highway in Huntington Beach, California. The project shall consist of the following combined or individual parts: A. Central pier plaza between new pier terminous and Pacific Coast Highway. Bicycle & emergency vehicle path, pedestrian path and vehicular access corridors to be integrated into concept. B. Beach level plazas shall flank the upper central plaza which are to be located at the terminous of the new pier . Northern beach level plaza to extend approximately 120 ' north of pier . Southern beach level plaza to extend approximately 120 'south of pier . C. Total project concept : Three ( 3) plazas between new pier terminous and Pacific Coast Highway, beach level public plaza to the north, and beach level public plaza to the south. Bicycle & emergency vehicle path, pedestrian path and vehicular access corridors to be integrated into concept. In order to facilitate an orderly communication process the Director of Community Development, Michael Adams, shall be designated as the Client's representative to communicate direction to and, from the Design Director, James Adams & Associates . City of Huntington Beach Project No. 91-262 May 30, 1991 • Page 2 The project shall consist of the following features : I . SCOPE OF SERVICES: SITE PLANNING AND CONCEPTUAL DESIGN Phase One - Preliminary Planning Research A. Purpose: Identification of factors which will influence planning development of the site. B. Task Outline: 1 . Meet project team to review . concept plans, organization, schedules, and identify development : 2. Defilne major issues as well as goals and objectives which may affect development : a. City-wide b. Site specific 3. Analyze on-site and off-site conditions as they relate to the proposed development programs : a. Existing soils and geotechnical data. b. Existing boundary and topographic data. c. Review sewer and water facilities . d . Review drainage concitions . e. Review driveway access conditions and requirements . f . Evaluate other off-site projects in the immediate area as to their potential effect on the proposed project . 4 . Evaluate market assessment : a. Evaluate phasing in response to the financial constraint's of the City of Huntington Beach. 5 . Work study session with the City of Huntington Beach ( the Client) , consultant team members . Phase Two - Development of Conceptual Site Studies A. Purpose: Develop and analyze alternative directions (maximum of two concepts) for the development of the project site. APPROVAL RECEIVED MAY 17, 1991 . City of Huntington Beach Project No. 91-262 May 30, 1991 Page 3 B. Task Outline: 1 . Develop alternative site concepts : a. Land use. b. Circulation and access . c. Service and loading areas . 2 . Provide statiscal summary for alternatives . 3 . Development of conceptual designs using "thumb-nail" sketches to depict the proposed architectural character of the project. 4 . Present conceptual designs at Public Workshop Meeting No. 1 . Phase Three - Refinement of Conceptual Site Design A. Purpose : Through the alternative selection process, identify a preferred plan and design direction and prepare a refined conceptual design package (maximum of one package) . B. Task Outline : 1 . Preparation of a conceptual design package for Public Workshop No. 2 presentation for Preliminary Design Review, including: a. Site plan b. Typical elevations c. Cross sections d. "Thumbnail" sketches 2. Study session with Client to review preliminary submittal package and define construction phasing and sequence. 3 . Initial formal City Planning Department submittal for review and comments . Phase Four - Conceptual Design Review A. Purpose: Prepare a conceptual design package for formal submission to the City Council, incorporation comments from preliminary design review and public workshops . City of Huntington Beach Project No. 91-262 May 30, 1991 Page 4 B. Task Outline: 1 . Refined Conceptual Site Plan, dimensioned and with statistical summary. 2. Conceptual Site Elevation. 3 . Conceptual Cross Section. 4 . Conceptual Material/Color (building, hardscape, and landscape) . 5. Colored Rendering of conceptual design. During the conceptual design phase of the project, the Design Director, James Adams & Associates, shall also coordinate the Client's Consultants in the preparation of other required items . Phase Five - Additional Meetings and Processing A. Purpose: Participate in the necessary meetings with the Director of Community Development, City staff, City Planning Staff, and City Council to coordinate, make presentations, and process project approval . B. Task Outline: 1. Client coordination meetings and presentations, City evaluation, staff meetings, and City Council Meetings. II . PROFESSIONAL FEE A. Professional services shall be provided on an hourly basis . The following is ans estimated budget range for Phases One through Five: PHASE BUDGET Phase One - Preliminary Planning Research $10,000 Phase Two - Development of Conceptual Site Design Studies $15,000 Phase Three - Refinement of Conceptual Site Design $15,000 Phase Four - Conceptual Design Review $10,000 Phase Five - Additional Meetings and Haly Processing a s req'd. James Adams & Associates will not exceed the budget allowance without prior authorization from the Client . City of Huntington Beach Project No . 91-262 May 30, 1991 Page 5 B. Fees for professional services as described will be charged on an hourly basis, based on the following rates : Principal $250/hour Project Manager $ 90/hour Senior Design Personnel $ 85/hour Design Personnel $ 65/hour Clerical $ 45/hour III . SERVICES SPECIFICALLY EXCLUDED A. In the interest of further clarifying the scope of work, especially as it relates to other consultants and work which may be included in a professional service contract, we have identified those services which are specifically excluded from this proposal . The services identified below are not necessarily all inclusive, but rather, outline important areas of involvement which may be required to complete the project, These are available as extra services at our standard hourly rates or at 1 . 35 times out net costs . 1 . Civil engineering, including but not limited to grading studies, plans or drainage, on and off site utilities and tentative tract map processing. 2 . Landscape, planting, and irrigation construction contract documents . 3 . Sales graphics, models, renderings, and photographs . q".) Cost Estimating. Soils reports and evaluations . 6 . Signage design. 7 . Fees for special consultants retained Client approval . 8 . Preparation of Design and Development Standards . 9 . Surveys : Topographical, boundary, etc . 10 . Traffic consultants . 11 . Economists . 12 . Agency submittals requiring additional graphics, presentation drawings, or modifications to design beyond scope of services . 13 . Detailed billing research, time card retrieval, computer read-outs, etc. requested by Client . 14 . Statuary/monument design and consultation with suppliers . 15 . Supplier and/or Contractor meetings . City of Huntington Beach Project No. 91-262 May 30, 1991 Page 6 16 . Meetings and evaluations of materials beyond initial Client approval and selection by James Adams & Associates . 17. Consultation with structural engineer, architect, and other professional design consultants . 18 . Consultation during design development, construction document, and construction administration. 19 . Preparation of design development documents and construction documents . 20. Construction Administration. IV. REIMBURSABLE EXPENSES The following costs shall be reimbursed and are not included in the fees for professinal services and cand either be charged at our standard hourly rates or at 1 . 25 times our net costs . A. Reproduction costs of all drawings, specifications, reports, and costs estimates furnished the Agreement. James Adams & Associates can arrange for all print costs of a reimbursable nature to be billed directly to the Client by a blueprinting company. All reprographic cost of a reimbursible nature will be billed directly to the Client by the Client 's blueprinting company. B. Out-of-pocket expenses such as travel, telephone, FAX, telegraph, delivery charges, mail, etc. , unless specifically included in this Agreement. V. PAYMENT FOR SERVICES A. Payment for services and related expenses shall be made to the Design Director upon presentation of invoice . B. If fees are not paid within fifteen ( 15 ) calender days, James Adames & Associates may stop work,re-assign staff, and the instruments of service may be withheld. A rebilling charge on any unpaid balance shall be added at a rate 1. 5% per month. C. Client hereby agrees that the balance as stated on the invoice from James Adams & Associates is correct, conclusive, and binding on the Client unless the Client, within ten ( 10) days from the date of invoice, notifies James Adams & Associates in writing of the particular item that is in question. City of Huntington Beach Project No. 91-262 May 30, 1991 Page 7 D. Client warrants that funds for payment of fees and expenses fo this agreement are not contingent upon project financing approval pending or contingent upon the completion of the work of this agreements, building VI . EXTENT OF AGREEMENT A. This agreement represents the entire and integrated agreement between the City of Huntington Beach and James Adams & Associates and supersedes all prior negotiations, representations, or agreements either written or oral . This agreement may be amended only be written instrument signed by both the Client and James Adams & Associates . B. In the event work is suspended for a period of six ( 6 ) months or more, this contract is terminated . Should further services be negotiated between parties, they will be subject to a new contract at the then prevailing rates. C. Client shall provide all necessary information regarding the functional requirements of the project which set forth the Client 's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements . D. Client shall furnilsh all necessary site data for a legally unencumbered site, including legal description and a certified land survey, giving, as applicable, grades and lines of streets and adjoining properties; rights-of-way, restrictions easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings and other improvements; trees and other features; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths . E. Conceptual design services of this agreement shall be completed within 120 aggregate days after the effective date of this agreement . Delays not within the control of James Adams & Associated shall not be considered as part of the scheduled timeframe for conceptual design services to be completed . Client shall provide Design Director with written notice to proceed and programmatic direction after each phase (one - five ) and review meeting. City of Huntington Beach Project No. 91-262 May 30, 1991 Page 8 VII . TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven ( 7 ) days wriltten notice . In the event of termination, James Adams & Associates shall be paid full compensation for services performed to termination date, including reimbursable expenses then due. Reproducible copies of all work done by James Adams & Associates at the time of termination will be made available to the Client. VII . OWNERSHIP OF DOCUMENTS A. Drawings and specifications as instruments of service are and shall remain the property of James Adams & Associates, whether the project for which they are intended for is executed or not . They are not to be used by the Client on other projects or extensions of the project except by agreement in writing and with appropriate compensation to James Adams & Associates . IX. AREA AND SQUARE FOOTAGE TABULATIONS James Adams & Associates shall round off tabulated square footages to the nearest 50 square foot increment . Building square footages have been determined by means that the Design Director deems reliable for the purposes intended . While James Adams & Associates has no reason to doubt their accuracy, the Design Director does not guarantee nor assume responsibility for square footage computations . X. PUBLICITY James Adams & Associates ' name shall be used in all press releases, job signs, brochures and other promotional material issued for this project . XI . ASSIGNMENT, HYPOTHECATION. TRANSFER AND SUBLETTING Neither the Owner nor the Design Director shall assign, sublet, transfer or hypothecate his interest in the agreement without first obtaining from the other written permission and consent . XII. BINDING ON SUCCESSORS AND ASSIGNS This agreement and the covenants contained herein shall be binding upon the Owner and James Adams & Associates, their or City of Huntington Beach Project No. 91-262 May 30, 1991 Page 9 its respective partners, heirs, administrators, successors, legal representatives and assigns . XIII.INDEMNIFICATION A. The Owner hereby agrees to indemnify and hold James Adams & Associates, James Adams and Design Director ' s consultants harmless from any action, liability, claim dispute, loss, cost or expense including attorney's fees, relating to or arising out of the construction of the project which is the subject of the plans prepared by James Adams & Associates pursuant to the terms of this agreement unless any such action, cause of action, liability, claim, dispute, loss, cost or expense as determined by a court of competent jurisdiction to arise from the sole negligence of James Adams & Associates . B. The Owner agrees to limit liability to the Design Director and to all construction contractors and sub- contractors on the project, due to the Design Director ' s negligent acts, errors, or omissions such that the total aggregate liability of the Design Director to all those named shall not exceed $50, 000 . 00 or the amount of the Design Director 's fee, whichever is greater . XIV. ATTORNEY'S FEES AND COSTS Should suit be brought or legal action be commenced by either the City of Huntington Beach or James Adams & Associates, in order to enforce any of the provisions in this agreement, the prevailing party shall be entitled to a reasonable attorney's fee plus court costs, whether said suit or action be brought to judgement or otherwise . City of Huntington Beach Project No . 91-262 May 31, 1991 Page 10 If this meets with your approval, please return one executed copy of this letter for our files, along with a payment of Seven Thousand Dollars ( $7, 000 . 00 ) , for services rendered to date of Phase One . We will proceed immediately upon receipt of your signed authorization and payment . Sincerely, APPROVED : JAMES ADAMS & ASSOCIATES CITY OF HUNTINGTON BEACH .10 g j\t/P4‘1 1 - - Adams Michael Adams P - ipal Director of Community Development Date : :.. • , in CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 25, 1991 James Adams & Associates 206-B Riverside Avenue Newport Beach, CA 92663- The City Council of the City of Huntington Beach at the regular meeting held Monday, October 21 , 1991 approved First Amendment to Agreement between the City. of Huntington Beach and James Adams & Associates to provide Planning Services. for Pier Plaza,. • Enclosed is an executed copy, of the agreement for your records. Connie Brockway City Clerk CB:bt • Enc. Tel n ohnnn:7114c 2R..R7771 REQUE:., FOR CITY COUNCIL ACTION October 7, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrato .���" Prepared by: Michael Adams, Director of Community Developme Subject: CONTRACT FOR PIER PLAZA DESIGN SERVICES AND WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS Ra-~$444 /1-"W tZ/V4444..../ Consistent with Council Policy? I] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an amendment to the Scope of Work in the contract with James Adams & Associates for design services on the Pier Plaza design project . This amendment is to add a structural analysis of the existing Maxwell ' s building to the previously approved Scope of Work. RECOMMENDATION: Motion to: "APPROVE AN AMENDED SCOPE OF WORK TO THE CONTRACT WITH JAMES ADAMS AND ASSOCIATES FOR DESIGN SERVICES ON THE PIER PLAZA PROJECT TO INCLUDE AN ANALYSIS OF THE MAXWELL' S BUILDING. " ANALYSIS: At the City Council meeting of July 29 , 1991, Council directed staff to include an analysis of the Maxwell ' s restaurant building as part of the work to be performed with the Pier Plaza design project . Staff has met with the consultant for the Pier Plaza project (James Adams & Associates) and has developed a Scope of Work with a not to exceed budget of $23, 755 . James Adams & Associates will retain the services of a structural engineer to prepare this Scope of Work. Additional work will be completed in four to six weeks and will include a comprehensive analysis of the buildings existing condition (Scope of Work attached) . Staff recommends that the additional cost for this work be added to the current project for a total contract amount of $73 , 555 . 1 7-- NORMS FUNDING SOURCE: City of Huntington Beach CIP Fund ALTERNATIVE ACTION: 1. Motion to: "Continue for additional information. " ATTACHMENTS: 1. Proposed Scope of Work 2 . Approved contract MTU:MA:kjl RCA - 10/7/91 -2- (0938d) Jiis ASSOCIATES 206B R1V RSIDE; AWE.NEWPORT BEACH CAL. 9266,3 714/645.1791 17 September 1991 Mr . Michael Adams Director of Community Development City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: PIER PLAZA: MAXWELL ' S FEASIBILITY - PROJECT NO. 91-262 . 01 Dear Michael : We are pleased to submit our proposal for the feasibility study to rehabilitate the existing two story building which is occu• ied b Maxwell 's Restaurant at the top floor and- . (r.r '' x . The purpose of the study is to evaTuai a ex ing .0 • ing safety and structural conditions in regards to compliance to current building codes an rep x av a • ., k�.:z.�iYx„ ,.1�J�''�tl � 5 ..�y a f�s(1 t��;+'�"r. .;4�,.;�bi.rzl,t�7 i ANOSNiCar�[ v £�hy"f`� �lT>t �C7t;•-Y{ .��� ' iG 14.r�?i it y m {�H4 ,1 '1"10. '..1rfi This work will, add additional services over and above the scope of services described in our original contract with you dated, 2 August 1991 - Project No . 91-262 for the Huntington Beach Pier Plaza . All other conditions on said contract will prevail . COPE OF SERVICES : 1 . A maximum of two site visits to document existing architectural plans and elevations . 2 . Code analysis to determine conformance of existing building to the current Uniform Building Code, and handicap accessibility requirements. 3 . Written report outlining recommendations to correct deficiencies that may exist with respect to uniform building code and handicap accessibility requirements . 4 . A Maximum of three site visits by structural engineer to perform the following: a• _ Visual _inspection of th.eFbuilding to_ determine structural condition of existing structure. ATTACHMENT NO. -- r , City of Huntington Beach Project No. 91-262. 01 Page 2 b, Field investigation of the building to determine structural characteristics of existing building such as framing, foundation, and lateral load resisting system of the structure including diaphragms, shear walls and-/or frames, drags, chords, and other related items . 5 . 4tr,trtural as-built drawings using information gathered in items 4a & 4b above. 6 . Structural calculations to determine structural adequacy of existing building and its conformance to the current Uniform Building Code requirements . 7 . Written report of all findings with respect to the structural system of existing building. 8 . Outline of recommendations to correct deficiencies that may exist with respect to the Uniform Building Code requirements . 9 . Cost estimate to implement corrective measures based on investigations. ns, V�CWiei Yi tf = t o "` xF• :t i ,i—fi C ...s,J'.K P w .'S„rr1: 4 �l'•` s'ir,>:'4..1.,,.r n.,`—:+ ,+'_C"d .-I: '=-.t_, t:SiS, 1,4%'(_�. tea,..!';U3, l — r tY2 �s ��{� � t� �e 7 � n :nryy9 ?ot, 1 f 2 i� JNrHf•=' . e's(�t^«��:3'.i3`T �l � yUti'iS �1 i- `> i ^} >". ' '.., 'a L .,t{.�.�..�.� z.t St rj{a r t } r .ir rt °Y1 r �` -�31,71 'iuy� tti it x� r� i. p y yv �' l5r' t 5�}li Ifti" �^�.. v'77TArrt �!'�-;i 1r R- Y °:h'1`F`„444r fAs xGr3 +fl Pir—a rr ' > t Jit tei� f���l )ti /� � cx. in A r t .. 1 t J I l t t t t r r t x� ..• t t t..tT'4.1��3 ii r t t' r tl!( �•J , r}�{ , k �. i t r "''�t-r rt r t.x—'a � o-�j.--.—�eiB �+� s , F�. n ',; 7,. 74 �cJ � Fy "yi ttst E�{� n},• ii K1r Y .t(}ir• k �. '` ------.{; _-:...�r.�.�..?'.:�......ti-�^-_• �.� ,y • • SERVICES SFEOXFIC,ALLX EXCLUDED; In In the interest of further clarifying the scope of work especially as it relates to other consultants and work which may be included in our feasibility study, we have identified those services which are specifically excluded from this proposal . The services identified below are not necessarily all inclusive, but rather, outline important areas of involvement which may be required to complete the study. Energy compliance investigation (electrical and - - mechanical ) in relation to Title 24 of the California - Administrative Code . City of Huntington Beach Project No. 91-262 . 01 Page 3 2 . Exhaustive investigation for hazardous building materials such as asbestos . 3 . Mechanical (HVAc and plumbing ) and Electrical investigation in conformance to uniform building code, plumbing and electrical codes . COMPENSATION; All services provided for this Phase of the project shall be charged on an hourly basis, with an estimated budget of approximately Twenty-Three Thousand Seven Hundred Fifty-Five Dollars ( $23, 755 . 00 ) . If this meets with your approval, please return one executed copy of this letter for our files . We will proceed immediately upon receipt of your signed authorization. If the following information is available, please forward it to us in order to minimize accumptionc . 1 . Any structural and architectural drawings . 2 . Soils Investigation Report completed for this or any structures in the vicinity. This proposal assumes we will have access to the building as well as cooperation from the owner or his agents and the city of Huntington Beach to complete our investigation . Please note that omissions, inaccuracies, and/or discrepancies may exist in the drawings prepared by us due to lack of complete access to the structural components of the building. Minor investigative demolition will be reviewed and approved by owner or his agents and the City of Huntington Beach prior to proceeding. We are looking forward to proceeding with these services . Please contact us if you have any questions regarding this proposal or if you are ready for us to begin. Sincerely, APPROVED: JAMES ADAMS & ASSOCIATES CITY OF HUNTINGTON BEACH James Adams Michael Adams President Director of Community Development Date: JA/rc AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES ADAMS & ASSOCIATES TO PROVIDE PLANNING SERVICES AND CONCEPTUAL DESIGN DRAWINGS FOR PIER PLAZA SECTION PAGE 1 Work Statement 1 2 City Staff Assistance 2 3 Time of Performance _ 2 4 Compensation 2 5 Extra Work 3 6 Method of Payment 3 7 Disposition of Plans , Estimates and Other Documents 5 8 Indemnification and Hold Harmless 5 9 Workers ' Compensation 5 10 Insurance 6 11 Certificates of Insurance; Additional Insured Endorsements 7 12 Independent Contractor 8 13 Termination of Agreement 8 14 Assignment and Subcontracting 8 15 Copyrights/Patents 9 16 4 City Employees and Officials 9 17 Notices 9 18 Immigration 10 19 Authority 10 20 Entirety 11 7/29/91 ATTACHMENT NOe` -- AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES ADAMS & ASSOCIATES TO PROVIDE PLANNING SERVICES AND CONCEPTUAL DESIGN DRAWINGS FOR PIER PLAZA THIS AGREEMENT is made and entered into this .2 ?'tA day of J uJ , , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and JAMES ADAMS & ASSOCIATES, a corporation, hereinafter referred to as "CONSULTANT. " WHEREAS, CITY desires to engage the services of CONSULTANT to provide planning and design services and prepare conceptual drawings for the Pier Plaza area in the City of Huntington Beach and the County of Orange; and CONSULTANT has been selected to perform said services ; NOW, THEREFORE, CITY and CONSULTANT agree as follows : 1 . WORK STATEMENT CONSULTANT shall provide all services for preparation of detailed conceptual design drawings for the Pier Plaza area . CONSULTANT ' S services shall include : (a) site plans , elevations , cross sections and other colored renderings as deemed by CITY necessary to communicate the Pier Plaza design to the community; (b) design specification of construction materials and landscaping; (c) attendance at two public meetings and a meeting of the City Council; (d) analysis of how project construction can be phased and constructed with interim materials to make the project economically feasible; 7/29/91 -1- (e) exploration of alternative project sizes and scope, including identifying additional activities and costs for completion at a later time; and (f) review of any needed changes to the pier entrance to integrate it into the Pier Plaza design, ` as more fully described in Section I of CONSULTANT ' S Proposal for planning and services dated May 30 , 1991 (hereinafter referred to as the Proposal) , which is attached as Exhibit A and incorporated into this Agreement by this reference . Said services shall sometimes hereinafter be referred to as the "PROJECT. " CONSULTANT hereby designates James Adams , who shall represent it and be its contact and agent in all consultations with CITY during the performance of this Agreement . 2 . CITY STAFF ASSISTANCE CITY assigns the Director of Community Development or his designee as staff coordinator to work directly with CONSULTANT in the performance of this Agreement . 3 . TIME OF PERFORMANCE Time if of the essence of this Agreement . The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement , and shall be completed in 120 days . Time limits may be extended with the written permission of the City Administrator. 4 . COMPENSATION In consideration of the performance of the services described in Section 1 above, CITY agrees to pay CONSULTANT a fee of not to exceed Fifty Thousand Dollars ($50 , 000 . 00) . -2- 5 . EXTRA WORK In the event of authorization in writing by the CITY of changes from the work described in the Proposal , or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such Extra Work, so long as the prior written approval of .CITY is obtained . 6 . METHOD OF PAYMENT A. Progress Payments . CONSULTANT shall be entitled to progress payments toward the fixed fee set forth in Section 4 herein in accordance with the progress on the work described in the Proposal . B . Delivery of Work Product . Copies of site plans , elevations , cross sections and other colored renderings and design drawings , memos and reports ( " instruments of service" ) prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks . In the event CITY rejects or has comments on any such instrument of service, CITY shall identify specific requirements for satisfactory completion. Any such instrument of service which has not been formally accepted or rejected by CITY shall be deemed accepted. C. Invoices . The CONSULTANT shall submit to the CITY an invoice for each progress payment due . Such invoice shall : 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT ' S firm that the work has been performed in accordance with the -3- provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is , satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement , CITY shall promptly approve the invoice, in which event payment 'shall be made within thirty (30) days ' of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve all or any portion of an invoice, the city shall so notify Consultant within ten ( 10) calendar days of receipt of the invoice . Consultant shall be paid for that portion of the invoice not in dispute . D . Billings for extras . Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required under paragraph 6C, and in addition shall list the hours expended and hourly rate charged for such time . Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate . Such approval shall not be unreasonably withheld . Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement . -4- 7 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original plans , maps , drawings , elevations , designs , submittals , statements , reports , both field and office notes , calculations and ' other documents , shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first . In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT oyr as it otherwise sees fit . Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable . CONSULTANT shall be entitled to retain reproducible copies of all data prepared hereunder . CONSULTANT shall be notified of any changes in the design and provided with copies of any changes ; CONSULTANT shall not be responsible for changes to the original design done by others . 8 . INDEMNIFICATION AND HOLD. HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this agreement by CONTRACTOR, its officers or employees . 9 . 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 -5- similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims , demands , payments , suits , actions , proceedings and judgments of every nature and description, including attorney' s fees and costs presented, brought or recovered a'gainst CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement . CONSULTANT shall obtain and furnish evidence to CITY of maintenance of statutory workers ' compensation insurance and employers ' liability in an amount of not less than $100 , 000 bodily injury by accident , each occurrence, $100, 000 bodily injury by disease, each employee, and $250 , 000 bodily injury by disease, policy limit . 10 . INSURANCE In addition to the workers ' compensation insurance and CONSULTANT ' S covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance . A policy of general public liability insurance, including motor vehicle coverage . Said policy shall indemnify CONSULTANT, its officers , agents and employees , while acting within the scope of their duties , against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount : combined single limit bodily injury and property damage, -6- including blanket contractual liability, of $1, 000 , 000 per occurrence . If coverage is provided under a form which includes a designated general aggregate limit , the aggregate limit must be no less than $1, 000, 000 . Said policy shall name CITY, its officers , and employees' as Additional Insureds , and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT' S insurance shall be primary. 11 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 9 and 10 herein. Said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under Section 8 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance . CONSULTANT shall pay, in a prompt and timely -7- manner, the premiums on all insurance hereinabove required . A separate copy of the additional insured endorsement to each of CONSULTANT ' S insurance policies , naming the CITY, its officers and employees as Additional Insureds shall be provided to' the City Attorney for approval prior to any payment hereunder . 12 . INDEPENDENT CONTRACTOR CONSULTANT is , and shall be, acting at all times in the performance of this Agreement as an independent contractor . CONSULTANT shall secure at its expense, and be responsible for any and all payments of all taxes , social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers , agents and employees and all business licenses , if any, in connection with the services to be performed hereunder . 13 . TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner . CITY may terminate CONSULTANT ' S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete . Any termination of this Agreement by CITY shall be made in writing through the City is Administrator, notice of which shall be delivered to CONSULTANT as provided in Section 17 herein. 14 . ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the prior written consent of CITY. CONSULTANT may enter into subcontracts for performance -8- of extra work as described in paragraph 5 ; provided, however, that CONSULTANT shall not subcontract or retain a subcontractor, consultant or independent contractor to perform this Agreement, any portion thereof, or any extra work as that term is defined in paragraph 5 , without the prior written consent oe the City Administrator . The CITY reserves the right to approve any and all contracts or agreements entered into between the CONSULTANT and a subcontractor, consultant or independent contractor . 15 . COPYRIGHTS/PATENTS CONSULTANT shall not apply for or assign rights to a patent or copyright on any item or material produced as a result of this Agreement . 16 . CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official or 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 California Government Code Section 1090 , et seq . 17 . NOTICES Any notices or special instructions required to be given in writing 'under this Agreement shall be given either by personal delivery to CONSULTANT ' S agent (as designated in Section 1 hereinabove) or to CITY' S City Administrator, as the situation shall warrant , by facsimile transmission, or by enclosing the same in a sealed envelope, first class postage -9- prepaid, and depositing the same in the United States Postal Services , addressed as follows : TO CITY: City of Huntington Beach City Administrator 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: James Adams & Associates 206B Riverside Avenue Newport Beach, CA 92663 1B . 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 8 U. S . C. § 1324a regarding employment verification. 19 . AUTHORITY The parties executing this agreement warrant and represent that they have authority to execute it on behalf of the entity named. REST OF PAGE NOT USED -10- 20 . ENTIRETY The foregoing Agreement and the Proposal constitute the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONSULTANT: CITY OF HUNTINGTON BEACH, JANES ADAMS & ASSOCIATES A municipal corporation f the) he tate of California By i)- 21-.J.J.---,--_______ President -/Oor ATTEST: • By 071 4t/1 - elw,,,,a, egly,4f,„,;,:7 Secretary City Clerk SP/ /9/ APPROVED AS TO FORM: INITIATED, REVIEWED AND APPROVED ' _,L,-,..-- 4,6c___, ,„ii r (ke./A1,43, A City Attorney a- Director of 7..3- j/ 1/7-t rI Community Development kk 1DI 6VED: City Administrator -11 y s REQUEL FOR CITY COUNCI ACTION October 21, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administ tTek Prepared by: Michael Adams, Director of Community Development Subject: CONTRACT FOR PIER PLAZA DESIGN SERVICES AND WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS OVER BY GITY ppPR GO'0 sc Consistent with Council Policy? Yes [ ] New Policy or Exception �„/�`--19•'' ' Statement of Issue, Recommendation,Analysis, Funding Source, Alternative A tions, Attachments; STATEMENT OF ISSUE: Transmitted for your consideration is an amendment to the Scope of Work in the contract with James Adams & Associates for design services on the Pier Plaza design project . This amendment is to add additional services to the previously approved Scope of Work. RECOMMENDATION: Motion to: "APPROVE AN AMENDED SCOPE OF WORK TO THE CONTRACT WITH JAMES ADAMS AND ASSOCIATES FOR DESIGN SERVICES ON THE PIER PLAZA PROJECT TO INCLUDE AN ANALYSIS OF THE MAXWELL' S BUILDING, SITE PLAN THE AREA BETWEEN FIRST STREET AND SEVENTH STREET AND DESIGN PROPOSALS FOR PIER DONOR RECOGNITION. " ANALYSIS: At the City Council meeting of July 29, 1991, Council directed staff to include an analysis of the Maxwell ' s restaurant building as part of the work to be performed with the Pier Plaza design project . Staff has met with the consultant for the Pier Plaza project (James Adams & Associates) and has developed a Scope of Work with a not to exceed budget of $24, 000 . James Adams & Associates will retain the services of a structural engineer to prepare this Scope of Work. Additional work will be completed in four to six weeks and will include a comprehensive analysis of the buildings existing condition (Scope of Work attached) . PIO 5/85 In addition, staff is requesting that the scope of the site planning be expanded to include the area between First Street and Seventh Street. This design activity will be combined with the efforts of the South Beach Task Force, coordinated by Community Services, in order to achieve an overall beach improvement Master Plan. The cost of this additional work will be limited to $8, 000 . Finally, the pier project is the major component of the plaza and the entire area; therefore, a recognition program for pier fund donors needs to be considered at the pier entrance. The physical design of this recognition needs to be studied. The cost of this additional work will be limited to $2, 500 . Staff recommends that the additional cost for these expanded tasks be added to the current project for a total contract amount of $84, 500 . FUNDING SOURCE: City of Huntington Beach CIP Fund ALTERNATIVE ACTION: 1. Motion to: "Continue for additional information. " ATTACHMENTS: 1. Proposed additional Scope of Work 2 . Approved contract MTU:MA:kjl RCA - 10/7/91 -2- (0938d) J 1_J 1-,- u_.1 - 7 J. w e i. J. J. .=, •G V J7 a G. !Y I c c • • r- I- . 7 J. i,- y 1TAT1 /ARM1. Y n o§ 7. INSUtANCi ROBERT K. BENTLEY, Agent Auto-Life-Health-Home and Business 567 SAN NICOLAS DRIVE, SUITE 103 NEWPORT CENTER/FASHION ISLAND NEWPORT BEACH, CALIFORNIA 92660 DFF: (714) 644-2400 FAX: (714) 644-8415 July 31 , 1991 JAMES ADAMS JAMES ADAMS & ASSOCIATES 206 RIVERSIDE DR STE B NEWPORT BEACH, CA 92663-4020 Subject: Comprehensive General Liability Business Package Policy # 90-60-2329-5 Dear James, Per my phone conversation with Marge, I have revised the additional insured endorsement naming the City of Huntington Beach to include the cancellation written notice provision. I hope this will satisfy their needs. at this time, but please don't hesitate to call if there is a problem. B= regards . i r'; Rose Gregoi - Account Executive Office Manager /rg cc: JAN RICHARDS THE CITY OF HUNTINGTON BEACH i DEPT OF COMMUNITY DEVELOPMENT 2000 MAIN ST HUNTINGTON BEACH CA 9264E c ' �ornel �'/J/ K �SL +�JT �� / .:17 �, ��.; ty Attorne1T e r C �� J C 'L - .rJu j A aAl iii ) i•-4 II" Aci4:/.1 / 1 of L - lye 0" N ti ATTI��IARM QI C ® INSURANCI MTG,RMKS AGENT COP'' JULY 31 , 1991 AGENT: 24/53 7 POLICY*: 90--60-2329-5 F BUSINESS-OFFICE ADAMS, JAMES & ASSOCIATES 206 RIVERSIDE DR STE B NEWPORT BEACH, CA 926 3-4020 • PHONE*: ( ) 000-000-000C Eff. Date: (07/31/91 ) App -Date: (07/31/91 ) Time: ( : M) **ADDITIONAL INTEREST CHANGES** • Renewal bill to: ( _____---) End bill to: ( __-__--) ADD: Type: (ADDL_INS__) Add 1 i nt N&A: (CITY OF HUNTINGTON BEACf-I _-- { ITS OFFICERS AND EMPLOYEES COPY OF POLICY IS NEEDED. (LpEPTOF COMMUNITY DEVELOPMENT_ (2000 MAIN ST {HUNTINGTON BEACHCA 1264S Loan no . : ( - ----------------- _' -------_.._. REMARKS APPLY TO: Fire REMARKS: (ADDTL INS SECT II L I AEA ONLY W/ 31.E WRITTEN NOTICE OF CANC, 10 DAY (WRITTEN NOTICE OF NONPAY CANC IN RESPECT TO PROJECT: HUNTINGTON BCH PIER PLAZA (PROJECT #: 91-262 DURATION; APF'RX 4 M►OS TO 1 YR FROM THIS DATE 7/31/91 . (WORK INVOLVED: ARCHITECTUAL DESIGN BUT NOT STRUCTURAL OR ENGINEERING DESIGN (LOCATION: PIER PLAZA SITE APPRX .7 ACRES ETWEEN HUNTINGTON BEACH PIER AND ( PACIFIC COAST HIGHWAY IN HUNT I NGN BEACH. ROBERT K. BENTLEY 714-644-8400 INITIALS(RG ) J U L — 3 1 — 9 1 WED 1 4 : 4 6 B O B B E N T L E Y SF P - 19 1 fTATI IARM n 1NSUtANt•Q ROBERT K. BENTLEY, Agent Autp-Lift-Hed,lth-tome and Business Ct' OM IJI00L01,0 IIru'.'e, SUITE Les I4ewromT oeNTonerrti'IHXOI4 SZLAND NEWPORT BEACH, CALIFORNIA 92660 OFF; (714) 644-8400 FAX: (714) 644-8415 July 31, 1991 fAl len !.!lma b, Aaaae s:,Tea 206 RIVERSIDE DR STE B NEWPORT BEACH CA 92663-4020 ATTN MARGE Subject: Comprehensive General Liability uut+s„ess Pattsou rt,11�,. u 70 ,_.p 2]C7 Dear Marge, This is to confirm that we have added the City of Huntington Beach as additional insured in respect to the job site at the soon to be HUNTINGTON BEACH PIER PLAZA. This is effective today, July 31 , 1991. Enclosed is a copy of our request to State Farm Fire 8, Casualty Company to process the necessary policy endorsement. This should take approximately one to two weeks to receive. rs.a 5s.aswal 'i...is..r..aiism rumpsrasra, ik■ 1ia.Viliirrr iu.suwanras .is rws..riira through the above mentioned policy does include the following. 1. Products-Completed Operations 2. Broad Form Property Damage n. rirnnri farm Pmmnrrnrsnsiva rftr ri? I i ehi 1 i tv The policy limit is. $1,000,000 with a $2,.000,000 aggregate. Should you have any questions or require anything further at this time, please do not hesitate to call . B - regar , [ VMLFmth . Rose Gre it Account Executi Office Manager /rg Vcc: JAN RICHARDS THE CITY OF HUNTINGTON BEACH DEPT OF COMMUNITY DEVELOPMENT 2000 MAIN ST HUNTINGTON BEACH CA 92648 Ai��1 FARM [Q) INSUlANC% JULY 31 , 1991 FIRE POLICY STATUS PH. (000)000--0000 ADAMS, JAMES w ASSOCIATES POLICY NO: 90-60-2329-5 F YR ISSUED: 83 206 RIVERSIDE DR STE B LOCATION: 206 RIVERSIDE DR STE B NCWPORT BEACH CA 92663-•4020 NEWPORT BEACH CA 92663 TERM: CONT AMOUNT PAID: 756.00 TYPE: BUSINESS-OFFICE RENEW DATE: MAR•-24-92 DATE PAID : APR-i 5-•9 i PREMIUM: 756.00 BILL TO: �INSD COVERAGE INFORMATION PREV. RISK: 48,000 B-•E4USN PROF' 90900 PREY. FtREM: 438 CONST:FRAME L-BUSN L I AB 1000000 ZONE: 79 GEN AGGREGT 2000000 PPROT. CLASS: 2 • YR BLT: 65 M-MED/PE RSN 1000 M-MED/OCCUR 25000 DEDUCTIBLES APPLIED' 250 ALL PER OTHER DED MAY APPLY MESSAGES: FORMS AND ENDORSEMENTS LOSS PAYEE FP-8153 SPECIAL FORM F RANKL I N THRIFT & LOAN FE-8375 POLICY END 595 CITY DR FE•-8369 TRANSPORT END ORANGE CA 9266E-2912 FE-8379 WATER EXCL F E-8403 LOSS PAYABLE FE-8395.2 POLLUTION EXCi. 1 FE-8356 AGGREGATE L I i•i FE-8398 DEBRIS RF,i-iOVt ACCOUNTING INFORMATION: CA GAR ASMT 3.78 „►Ti FARM ® Qr7 INSURANCI MTG.RMKS AGENT COP JULY 31 . 1991 AGENT: 24/837 F'OL I CY#: 90-60_2329-5 F BUSINESS-OFFICE ADAMS, JAMES & ASSOCIATE.S 206 RIVERSIDE DR STE B NEWPORT BEACH, CA 92663-4020 PHONE *: ( ) Oc:)0-000-000c. Eff. Datc : -(07/31/91 ) App Date: (07/31/91 ) Time:( M) **ADDITIONAL INTEREST CHANGES** Renewal bill to : ( ) En_d bill to:- ( __. ADD: Type: (ADDL. INS ) Addl int N2A: (CIT_YOF HUNTINGTON BEACH ( ITS OFFICERS AND EMPLOYEES COPY OF POLICY IS NEEDED. (DEPT OF COMMUNITY_DEVELDr'•ii iEiv T_ (2000 MAIN ST (HUNTINGTON BEACH CA 52649___ Loan no . : REMARKS S APPLY TO: Fire REMARKS: (ADDITIONAL INSURED SECTION II LIABILITY ONLY •- IN RESPECT TO: ( PROJECT NAME: . HUNTINGTON BEACH PIER PLAZA PROJECT #: 91-B6B ( DURATION: APPRX 4 MONTHS TO- 1 YEAR FROM THIS PRESENT DATE OF 7/31 /91 ( WORK INVOLVED: ARCH I TECTUAL DESIGN BUT NOT STRUCTRUAL OR ENGINEERING DESIGN ( LOCATION: PIER PLAZA SITE APPRX .7 ACRES BETWEEN HUNTINGTON- BEACH PIER AND ( PACIFIC COAST HIGHWAY IN HUNTINITON BEACH. • ROBERT K. BENTLEY 714•-644-S OO INITIALS(RG ) _I L. - 74_ 'y - 'a 1 T1iE - 1 9 Ji=+ t•1ES ADAf1S fif 1_4- _ +14c - 1 5 0 P I� a l�.' l� { ice_ ��1 , _ COSTA MESA CA 626- 1507 '' t• ry�':Y ���.iz•l � we Dug f - I_ nit III,. .1114II 4 •1, •lili i .- 0 ,,275 -512-55D MIS 12 91 $655. 066 1979 MERCEDES uu ! !I)Ar° ,.11✓"f ►fiEM, -.HIS POLICY TINYFORCE UNTILO EB�i12c92 . A LIABILITY • BODILY INJU t 100,000/300 . Q0D r PROPERTY DA MGE 50 000 196. . " ,..., • C MLDICAL PAY trNT 5 ,000 25. ' .�n .,? , trA { i; It {fifffl if! Ili D 10D DED COM H EHEJJSIVE 173. . • mit � ttSit ttttt !>ttt G 250 DEDUCT ''t)LLISION 185. ' H EMERGENCY R'.AD SERVICE 3. : 4-8371 .24 R1 CAR RENTAL/ TRAVEL EXP 9. 1 ,•' ' " ADAMS . JAMES S & SHARON L U UNINSURED ') TOR VEHICLE 206 B RIVERSIDE.AVENUI: BODILY IN0U t' ;' PT BCH CA 92663-4020 110500/300 D 59.: t9 i . 0 VEHICLE PROPERTY DA1r,6E 2. 0 'IK; ,ec PLEASE PAY THIS AMOUNT* 655. 0 w_ i i':l!the! ffigli0,. ,:fr nar t•:rrc ,tv. tPct rotlreerrit une• 1E3D311 6 6bA1VICTidKS # NO MORE THAN 1 ACCIDi:NT . • OVE:' ':. .500 MILES ANNUALLY . - NATI NtAL AVERABE IS 10 ,000 MILES ANNUALLY. ) 0096 MALE OR UNMARRIED FEMALr.'',�E S- .H . LESS THAK ,.9 YEARS DRIVING R�R'�ttiE.. UNLESS RATED ON ANOTHER VFHICL;tieBR 'N T ' N . ASUf USE OR UNDER 30 MILES WEEKLY TO AND :Jf .�}) ;OM SORK OR SCHOOL. lL.i1 M. I , Iggl: I; I i1z.. , . ✓ '+1 x'I•I'�•;. to s 'o thvortsTt In Dana:Ion affecting:cur lr�u,w ice. D i S!;t t U N T S . a,-,aryo:r,-re�rd,' THE PREMIUM AMO i V i' HAS ALREADY Ap .BEEN REDUCED BY THE FOLLOWING : *( d/11..�'.�'OA... ACCIDENT TREE $72. 6 P MULTt��ICTAR 532.E r CONVICTION=d FREE S72.6 - ' ,�,. �;c .Kh•3NTLEY CALIFORNIA EQOD DRIVER S163.7 etp' .,.7 4-644—a4OD . 0903 ! '+ A ' VA'1 .F EI T CA�:itf1AVA ED P3.4Y•DFiiVER Ofi'HAV'E MOVED ETU1ttNi 7ktS PART WITH YO . .~AS,E CO + C 1r A T YT' i � _ PAYABLE TO-STATE F�' r S •JAM .a4 SAROK L F , . . 'I PLfA.%PRY'MIS AMOUP k"• 3' r �3:?359 2?53",-� 2•�55D c"V cus 1979 MERCEDES 12 91 5655.06 "ram, `• 11i17 ' rD • _ .. . 40. !WENCtiki;: :: AY USE STATE FARt ' S ALTERNATE PAYMENT PLAN WHICH••.• ;Q. y� 8 f ESEi�T' ..R J .i INTO Tk4 SEPARATE PAYMENTS. '+ 'f : '1.,4. • ON H.L O: ADO NT DUE . 5327.53 �_ ' fi:I: PL ;�.f� , LiNG CARE OF 2.0D fIN 1: AMCNN7 UE ON AUG 12 91 5329.53 • E :t' 210 HALF WILL Bt DUE ON OCT 11 91 . A REMINDER NOTICE WILL BE SENT. 31'., '; s 1's , -.` . j� ..r,, • T6)44i.'f3*F1a:O9Ec.-' 1B30311 147030000 0516 BOB K BENTLEY 8371-24 0903 .Aft 0021 20032953 050122400065506 4554003892755111 > - 3 i - S 1 TUE 1 '? ' '? JAME •S ADi; 1S _i' 1 4- - 5 :45 - 1 54 0 F .. E14- ,. n,tr rzvr LtACitt ! ► rrLILY [I. INFDRATION PAGE *POLICY NO. 9U-90-947. -- ' COVEUAGL iS 1' ')ViOLD )►Y• ;71f2�► REPLACES NO. 90-43-9028-P STA,TI: FARM FIR AND CASU fY C4mPA0 PO BOX PSO45, 11':TA ANA CP 92799-5045 NCCI CARRIER co '1 • NO. 14842 1 . NAMED INSURED & MAIL.IN ; ADDRLSS ADAAMS JAMES & A ISOCIATFS INC FEIN Rr UESTED 203 RIVERSIDE D? STE r' OTtiIr WORKPLACES IQj SHOWN NFWPORT REACH CP 4Pbfi --4020 AT l r. f J : SFE WC JUU !NS11J U ^ IS A COIL )RATION COPYRI&HT 1987 NATIONAL r• )UNCIL ON COMPENSATION INSURANCE 2. THE POLICY PERIOD ISFROM 05/14/91 TO 05/14/')2 12:01 /1 . S. STANDARD TIME THE INSURED' S MAILINr ADDRESS, 3A. W RKERS COMPENSATION INSURANCE: PArtT ONE OF IHE POLICY 1PDLIES TO THE WORKERS COSMPENSATION l AW OF THE STATES LISTED HERE: CA 'B. -EMPLOYERS LIABILITY I4SUR6NCE : PART TWO OF THE POLICY .1 ,PLIES TO WORK IN EACH STATE LISTED IN ITEM 3A. THE LIMITS OF °Tit LIARILITY UNDER PART TWO ARE: NJDILY INJURY SY ACCIDENT $ 100,[") ) EACH ACCIDENT FODILY INJURY 'JY DISEASE $ 1O0,N ) EACH EMPLOYEE BODILY INJURY `1Y DISEASE $ SOD ['° ) POLICY LIMIT C . OTHER STATES INSURANC': : PART THREE OF THE POLICY APPLI ' ; T.4 ALL STATES EXCEPT NV, ND, 04, W . WV, 0 AND STATES t.ISTFD IN 3A. D . THIS POLICY INCLUDES THESE '_NDORSE'1ENTS AND. SCHEDULES : WCOU0000/c34$4 WC040301/O19 1 FE-44°.i.i F r-47O4. 7 JC04016')/O186 Ff . ' 893/ 1 i 89 4. THE PREMIUM FOR THIS POLICY WILL SE DETERMINED dY OUR r• t )UALS OF RULES CLASSIFICATIONS RATES AND RATING PLANS . ALL INt '1 tMATION' REQUIRED- BELOW IS SUBJttT TO VERIFICATION AND CHANGE 6Y 'U.DIT. PREMIUM BASIS TO- ;ATE/'E100 ESTIMAT CODE NOS. AND TAL 4S.T IMATED AN- 'EMUNERA- ANNUAL CLASSIFICATIONS NUAL RFMUNERATIOP" i iON .PREMIUM 881 0 1 'T,Q00 . 95 1 ,2 DRAFTSMEN 8810 1 ,�S0 . 45 2 CLERICAL OFFI !:E EMPLOYEE'; - N. O. f. l � MINIMUM PREMIUM $ 200 CAL IFORNI ". TOTAL EST fl TEu ANNUAL 'REMIUM $ 1 , 5 PREMIUM ADJUSTMENT PERIOD SMALL RE ANNriAL DEPOSIT ,'REMIUM $ 1 ,5 PREeARED 02/ 21/91 C0f:NTERSir `+F :) , � n '.� � -7 g iiC 00 DO 01 I: :-84 BY AGENT_. _.�/?_G1d�_ � '� " __ i V ^ 3 0 — 1 I. TUE EC 1 1 7 '3c i �r► c 1.4 L H r i -a — c• -r — A -r r� v i Win FARM Ihtdkik:t ,11 ; .Y /591 IIRE F'1..11 ICY G1'ATU5 (0O0)0<:'.' .00c0 ADAMS) :AMES M Am:lCI ATES POLICY NO : 5 I.-60-28E -; ( 1't; I SSUSD 1 83 206 RIVERSIDE DR STE LOCATION: 206 I,I VER I DE i! Sl E 8 NEWPORT ?EACH CA 5a1563-4o2o NEWPORT 8EAOH IA 9E668 l TER Mt t CCNT AMOI.k T PAID; 756.1 TYPt t , SU5INEES-£OFF ICE f;£NEW T ATE t I"AR--24-sla. D 't E PAID:tD: APF-k 5 PR 1IUMt 756.00 2tL1 T©t IN ;r COVERAGE INI-JF MAT IcN REV.IL4'I;3K: 48 r000 B-SUSN PROP 90600 {'REV. I•''Rr'M: k3n CDN!T:FF4AME GEN AOSRF T c'000000 F•r'+DT . CLASS: E YR SLT; M-VIED/PERSN 1000 of-•ME /OOCUR -25004_ DEDUCTIBLES ArrLIEDt 850 ALL PER OTHER jE ir. MAY AI'•FLY MESSAGES: FORII AND ENDORSEMENT' ' LbSS PAYEE FF••8' 53. SPECIAL FOR' FRANXLIN THRIFT °L LOAN FE- »8'a5 POLICY END 595 CITY DR P'E-8369 TRANSPORT El MANGE CA PC1,66-891 ;2 FF:-•837 ' WATER EXCL FE-8403 LOBS F'AYAE?., FE •C39a. . POLLUTION E FE:••••E$S6 A 8RESATE L. F :-039Ci DES? I5 REMC ACCOUNTLNO INFORMATION: CA OAR F'iaMT 3, 7f3. ADDITIONAL INSUREDS ENDORSEMEN DESIGNATED PREMISES ONLY K E C E I V E D Policy No.: 990-60- 2329-5 SEP 0 4 iggi 3 ADAMS JAMES & ASSOCIATES £ Named Insured: Dept.Of Comm. Development Name of Additional Insured(s): CITY OF HUNTINGTON BEACH ITS OFFICERS & EMPLOYEES DEPARTMENT OF COMMUNITY DEVELOPMENT Address of Additional Insured(s): 2000 MAIN STREET '± HUNTINGTON BEACH CA • AS TO 70111 Interest of Additional Insured(s): PROJECT #91-262 AppgoVED G�71 :JTTON CIT BY•Deputy CitY gttorne9 Location of Premises: HUNTINGTON BEACH PIER PLAZA . 7 ACRES BETWEEN HUNTINGTON BEACH PIER & PACIFIC COAST HIGHWAY HUNTINGTON BEACH The word "Insured", wherever used in this policy, also includes the designated person or organization named above as Additional Insured under the provisions of the respective Sections shown as applicable by an "X" below to the extent indicated. a ❑ Section I applicable only as to Coverage A - Buildings. ❑ Section I applicable only as to Coverage B - Business Personal Property. Description of Property: '7 Section II appliclable only to Coverage L - Business Liability and Coverage M - Medical Pay- ments only with 'espect to the ownership, maintenance or use of the premises designated above and operations necesrsary or incidental thereto. These Section II coverages do not apply to: 1. structural alterations or new construction performed by or on behalf of the designated persdh or organization; or 2. personal injury caused by the designated person or organization; or 3. liability assumed by the designated person or organization under a contract; or 4. /any products liability arising out of goods or inventory which are not sold or distributed by the named insured or to any liability arising out of the manufacturing or packaging of such goods or inventory. FE-8402.2 Printed in U.S.A. - _.•+RATIONS h"I`-r U t_a l:(/.5 I / Y. PU S ',;E S S g 0 L I C Y - S P" T A L F O R M 7 'STATI FARM."' j vile will provide the insurance described in II icy in return for the premium and compliance all Coverage afforded by this policy is pros by ©© applicable provisions of this policy STATE F A M FIRE AND CASUALTY C r:°ANY `INSURANCT ° .,_ . LY y+✓-6L-2329-5 P3 BOX 25045, SANTA ANA CA r2799-5045 a Stock Company with Home Offices in Bloomington,Illinois. 3 7 1 / ?4 - • Named Insured and Mailing Address I YOUR POLICY IS AMENDED J7/ 1 /91 A ^" °"5 , JAr'ES 3 ASSOCIATES ! ADDL INSURED NC ' Er ADDEESr A ��D i 2.36 nIJERSIDE DR STE B 1 ENDORSEMENT FE .34 i4 . E ADDED '� , Ei40ORT BEACH CA 97667-407n 1 - i i ! l NAMED INSURED : CORPORATION I ` IHE POLICY ')ERIC)_, P f. INS AN.D ENDS AT 1 ? : U1 R0 1 Automatic Renewal—If the Policy Period is shown as , STANDARD TIME AT T H E PREMISES LOCATIONS 12 months, this policy will be renewed automatically ; 3 3/2 4/ 91 : EFFECTIVE DATE subject to the premiums, rules and forms in effect for ' 12 MONTHS : POLICY PERIOD succeeding policy period. If this policy is ter- each ! r3 3/2 4/9 2 : EXPIRATION 0. ?O L I C E ?Y_ P ' D urinated,we will ive ou and theMortgagee/Lienhoder�,;.r -- s\ ' ' - " - - wn ten notice m comp lance wit t e po icy provisions ` or as required by law cc,v,i Abt� 5 LIMITS OF C. VERA6E A - INFLATION PROPERTY LIAPIL TTY COVERAGE �_ :_nl4 SECTION I COVERAGE-S G.YMER A B!UILDIN_S EXCLUDED PRICE INDEX: 133. ? • EJSINESS PERSONAL 90,800 - I •r PROPERTY OCCUPANCY: OFFICE j. C LOSS OF INCOME $ ACTUAL LOSS LOCATION OF COVERED PREMISES , . -- . • 206 RIVERSIDE DR STE B SECTION II NEWPORT BEACH CA 92663-4020 - .1 L BUSINESS LIABILITY b 1 ,000,000 '' -n MEDICAL PAYMENTS ( EACH" PE---SON) :a 1,000 ry sToIV° A r V♦D E i, ri'j �2RCVIji �' , _ CAZZ, 5',Og. 5 ' - ! C33\L �T Lcz. i )ECLCTIBL=F SECTI)M I ) TN CASE nc LOSS Bs11 � SJ .`.-t,t0 � __1 5.0_...2 A-S, .-..C_--.. - . .-.-_ -�`N- T3,L S +,a1 I C Y ^ �. Cti r.,..- -. j TnE DEDUCTIBLE .ILL ! l I BE APPLIED TO EACH I t ! OCCURRENCE AND WILL ! i ,, 1 _,- DEDUCTED FOON j k; OTHER. DEDUCTISLES MAY ' THE AMOUt T OF THE ! !I •APPLY-RE EF. TO POLICY ; LuSS. I B • q i; FORMS, OPT-IONS AND ENDORSEMENTS ENDORSEMENT y FP-?153 SPECIAL FORM 3 PR=^10IU' NONE u FE-8: 75 POLICY ENDORSEMENT - FF-3769 TRANSPORTATION ENDORSEmE 4T Is E-t,37cr SUBSURFACE WATER EXCLUSION 1 FE-34:3 LOSS PAYABLE ENDORSEMENT E FE-E,3i5 . 2 POLLUTION EXCLUSION ENDORSEMNT 1: --z355 AGGREGATE LIMIT ENi.VPS -m_NT .E-S393 DEBRIS PEMnVAL POLLUT CLEAN UP I' 402 . 2 ADDITIONAL INSURED ENDORSEWENT I; _ LI t !i ;, n CITY OF HUNTINGTON BEACH *")) 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 2, 1991 James Adams & Associates 206B Riverside Avenue Newport Beach, CA 92663 The City Council of the City of Huntington Beach at the adjourned regular meeting held Monday, July 27, 1991 , approved Agreement between the City of Huntington Beach and James Adams and Associates to provide planning services and conceptual design drawings for pier plaza. Enclosed is an executed copy of the agreement for your records. Connie Brockway City Clerk CB:bt Enc. (Telephone:714-536-5227) REQUEF , FOR CITY COUNCI. ACTION July 29, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrate' Prepared by: Michael Adams, Director of Community Developme Subject: CONTRACT FOR PIER PLAZA DESIGN SERVICES AND WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS APPROVED BY CITY COUNCIL. Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception dd 7- 01-9 19._!r1 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: crT STATEMENT OF ISSUE: Transmitted for your consideration is a contract with James Adams & Associates for design services on the Pier Plaza design project. In addition, a waiver of the professional liability insurance requirements is being requested. RECOMMENDATION: Motion to : "APPROVE THE CONTRACT WITH JAMES ADAMS AND ASSOCIATES FOR DESIGN SERVICES ON THE PIER PLAZA PROJECT WITH MODIFICATIONS AND APPROVE A WAIVER OF THE PROFESSIONAL LIABILITY INSURANCE REQUIREMENT. " ANALYSIS: On April 22, 1991, the Council selected the firm of James Adams and Associates for architectural services related to the Pier Plaza design. On May 20, 1991, Council authorized staff to prepare a contract for architectural services . At the July 15, 1991 City Council meeting this item was continued in order for staff to work with the consultant on expanding the scope of work to include the services of a structural engineer. The scope of work to include the preparation of detailed conceptual design drawings for the Pier Plaza area. The design concept to include detailed construction materials and landscape specifications . The submittal shall include site plans, elevations, cross sections and other colored renderings as deemed necessary to communicate the Pier Plaza design to the community. The submittal shall include the three phases of the design: 1) The section from the end of the pier to Pacific Coast Highway; 2) The section on the north side of the pier; and 3) The section on the south side of the pier (the present Maxwell ' s location) . In addition to design work the contract calls for a structural analysis of the existing Maxwell ' s building. y1 PIO 5/85 C' • The consultant will show how the project construction can be phased and constructed with interim materials in order to respond to the City' s current financial constraints. In addition, alternative project sizes and scope will be explored. The first phase will focus on the current pier construction project and any needed changes necessary at the landward end of the pier in order to accomodate the final plaza design. The contract will require two public meetings in addition to a final presentation to the City Council. Total design costs not to exceed $50, 000 with the work being completed within 120 days. James Adams and Associates is requesting a waiver of the professional liability insurance requirement, however, they do possess general liability insurance. This insurance adequately covers the exposure of the consultant to potential liability problems . Professional liability insurance is usually carried by large civil engineering and architectural firms and is appropriate for construction documents, however, it is not necessary for the conceptual design phase. In addition, staff feels that a structural analysis of the existing Maxwell ' s restaurant building should be conducted as part of this contract. Therefore, James Adams and Associates should retain the services of an engineering firm to perform this task and the amount of the contract should be amended to include this additional cost. FUNDING SOURCE: City of Huntington Beach CIP Fund ALTERNATIVE ACTION: 1. Motion to: "Continue for additional information. " ATTACHMENTS: 1. Applicant amended contract 2 . Consultant Proposal dated May 30, 1991 MTU:MA:kjl RCA - 7/1/91 -2- (0006d) REQUES I FOR CITY COUNCIL ACTION July 15, 1991 Date Submittedto: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administra Prepared by: Michael Adams, Director of Community Developmen Subject: CONTRACT FOR PIER PLAZA DESIGN SERVICES AND WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS -,I s pa/ O Consistent with Council Policy? �.Yes [ ] New Policy or Exception Q- " /N , Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is a contract with James Adams & Associates for design services on the Pier Plaza design project . In addition, a waiver of the professional liability insurance requirements is being requested. RECOMMENDATION: Motion to: "APPROVE THE CONTRACT WITH JAMES ADAMS AND ASSOCIATES FOR DESIGN SERVICES ON THE PIER PLAZA PROJECT WITH MODIFICATIONS AND APPROVE A WAIVER OF THE PROFESSIONAL LIABILITY INSURANCE REQUIREMENT. " ANALYSIS: On April 22, 1991, the Council selected the firm of James Adams and Associates for architectural services related to the Pier Plaza design. On May 20, 1991, Council authorized staff to prepare a contract for architectural services . The scope of work to include the preparation of detailed conceptual design drawings for the Pier Plaza area . The design concept to include detailed construction materials and landscape specifications . The submittal shall include site plans, elevations, cross sections and other colored renderings as deemed necessary to communicate the Pier Plaza design to the community. The consultant will show how the project construction can be phased and constructed with interim materials in order to respond to the City' s current financial constraints . In addition, alternative project sizes and scope will be explored. The first phase will focus on the current pier construction project and any needed changes necessary at the landward end of the pier in order to accomodate the final plaza design. P!0 5/85 The contract will require two public meetings in addition to a final presentation to the City Council. Total design costs not to exceed $50, 000 with the work being completed within 120 days . James Adams and Associates is requesting a waiver of the professional liability insurance requirement, however, they do possess general liability insurance. This insurance adequately covers the exposure of the consultant to potential liability problems . Professional liability insurance is usually carried by large civil engineering and architectural firms and is appropriate for construction documents, however, it is not necessary for the conceptual design phase. In addition, staff feels that a structural analysis of the existing Maxwell ' s restaurant building should be conducted as part of this contract . Therefore, James Adams and Associates should retain the services of an engineering firm to perform this task and the amount of the contract should be amended to include this additional cost. FUNDING SOURCE: City of Huntington Beach CIP Fund ALTERNATIVE ACTION: 1. Motion to: "Continue for additional information. " ATTACHMENTS: 1. Applicant amended contract MTU:MA:kjl RCA - 7/1/91 -2- (0006d) !I S E C Ems., fi \%r E D JUL11 1991 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES ADAMS & ASSOCIATES, TO PROVIDE Dept. of Con m, Dcve!opment PLANNING SERVICES AND CONCEPTUAL DESIGN DRAWINGS FOR PIER PLAZA SECTION PAGE 1 Work Statement 1 2 City Staff Assistance 2 3 Time of Performance 2 4 Compensation 2 5 Extra Work 3 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 5 8 Indemnification and Hold Harmless 5 9 Workers ' Compensation 5 10 Insurance 6 11 Certificates of Insurance; Additional Insured Endorsements 7 12 Independent Contractor 8 13 Termination of Agreement 8 14 Assignment and Subcontracting 9 15 Copyrights/Patents 9 16 City Employees and Officials 9 17 Notices 9 18 Immigration 11 19 Entirety 11 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES ADAMS & ASSOCIATES TO PROVIDE PLANNING SERVICES AND CONCEPTUAL DESIGN DRAWINGS FOR PIER PLAZA THIS AGREEMENT is made and entered into this day of , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and JAMES ADAMS & ASSOCIATES, a sole proprietorship, hereinafter referred to as ((oliPtra2101/V "CONSULTANT. " WHEREAS, CITY desires to engage the services of CONSULTANT to provide planning and design services and prepare 1 drawings for the Pier Plaza area in the City of Huntington Beach and the County of Orange; and CONSULTANT has been selected to perform said services ; NOW, THEREFORE, CITY and CONSULTANT agree as follows : 1 . WORK STATEMENT CONSULTANT shall provide all services for preparation of detailed conceptual design drawings for the Pier Plaza area . CONSULTANT ' S services shall include: (a) site plans , elevations , cross sections and other colored renderings as deemed by CITY necessary to communicate the Pier Plaza design to the community; (b) detailed specification of construction materials and landscaping; (c) attendance at two public meetings and a meeting of the City Council ; (d) analysis of how project construction can be phased and constructed with interim materials to make the project economically feasible; -1- exploration of alternative project sizes and scope, including identifying additional activities and costs for completion at a later time; and (f) review of any needed changes to the pier entrance to integrate it into the Pier Plaza design, as more fully described in Section I of CONSULTANT' S Proposal for planning and services dated May 30, 1991 (hereinafter referred to as the Proposal) , which is on file with the Director of Community Development and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as the "PROJECT. " CONSULTANT hereby designates James Adams , who shall represent it and be its contact and agent in all consultations with CITY during the performance of this Agreement . 2 . CITY STAFF ASSISTANCE CITY assigns the Director of Community Development or his designee as staff coordinator to work directly with CONSULTANT in the performance of this Agreement . 3 . TIME OF PERFORMANCE Time if of the essence of this Agreement . The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement, and shall be completed in 120 days . Time limits may be extended with the written permission of the City Administrator . 4 . COMPENSATION In consideration of the performance of the services described in Section 1 above, CITY agrees to pay CONSULTANT a fee of not to exceed Fifty Thousand Dollars ($50, 000 . 00) . -2- 5 . EXTRA WORK In the event of authorization in writing by the CITY of changes from the work described in the Proposal, or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such Extra Work, so long as the prior written approval of CITY is obtained. 6 . METHOD OF PAYMENT A. Progress Payments . CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth in Section 4 herein in accordance with the progress on the work described in the Proposal . B. Delivery of Work Product . Copies of site plans, elevations, cross sections and other colored renderings and design drawings, memos and reports prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks . In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. Invoices . The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall : 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) -Include a certification by a principal member of the CONSULTANT' S firm that the work has been performed in accordance with the -3- provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days ' of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. In the event of a dispute regarding payment of fees, CONSULTANT shall remain obligated to, and at ,CITY' S option shall continue to perform the services . If the CITY does not approve all or any portion of an invoice, the city shall so notify Consultant within ten (10) calendar days of receipt of the invoice. Consultant shall be paid for that portion of the invoice not in dispute. D. Billings for extras . Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required under paragraph 6C, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder -4- of this Agreement . 7 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original plans , maps , drawings , elevations, designs , submittals , statements , reports , both field and office notes , calculations and other documents , shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first . In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit . Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder . 8 . INDEMNIFICATION AND HOLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and_ nployees from any and all liability, including an im of liability and any and all losses or costs arising out of the negligent performance of this agreeme y CONTRACTOR, its officers or employees . V/v 9 . 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, defend and hold harmless CITY from and against all -5- claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney' s fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement . CONSULTANT shall obtain and furnish evidence to CITY of maintenance of statutory workers ' compensation insurance and employers ' liability in an amount of not less than $100, 000 7 bodily injury by accident, each occurrence,, $100, 000,bodily injury by disease, each employee, and $250, 000 bodily injury by disease, policy limit . 'n 10 . INSURANCE JA . himaddition to the workers ' compensatigitvinsurance and CONSULTANT' S covenant to indemnify CITY, CONSULTANT shall obtain i and furnish to CITY the following insurarIce policies covering the PROJECT: A General Liability Insurance. A policy of genera public liability insurance, including motor vehicl coverage. Said policy shall indemnify CONSULTANT, its Oeficer , agents and employees while acting within the s pe of their duties, against y and all claims of arising ut of or in connection wit he PROJECT, and shall provide coverage in not less thafi the following amount : combined single limit bodiJ 'injury and property damage, including products/com eted operations liability and blanket contractual liabil ' y, of $1, 000, 000 per occurrence. If -6- coverage is provided under a form which includes a desi•nated general aggregate limit, the aggregate limit mu be no less than $1, 000, 000 . Said policy shall nam- ITY, its officers, and employees as Additional Insured and shall specifically provide that any other insuranc- coverage which may be applicable to t - •ROJECT shall be deemed excess coverage and that CO - i TANT' S insurance shall be primary. B. Professional Liability Insurance. CONSULTANT shall acquire a p essional liability insurance policy covering the wxytkperformed by it hereunder . Said policy shall provid coverage for CONSULTANT' S professional liability in an a nt not less than $1, 000, 000 per claim. A claims made licy shall be acceptable. 11 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED fA ENDORSEMENTS VNN Prior to commencing performance of t,Ivilawork hereunder, CONSULTANT shall furnish to CITY certific es of insurance subject to approval of the City Attor. -y evidencing the foregoing insurance coverages as 'equired by Sections 9 and 10 herein. Said certificates s . 1 provide the name and policy number of each carrier a, • policy, and shall state that the policy is currently ' force and shall promise to provide that such policies wi not be cancelled or modified without thirty (30) days pr ' or written notice to CITY. CONSULTANT shall maintain he foregoing insurance coverages in force until the work. ender this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance -7- coverag shall not derogate from the provisions for indemnification af, ,TY by CONSULTANT unction 8 of this Agreement . CITY or its representative shall at all times have the right to deman e origina or a copy of all said policies of insurance. CONSULTANT shall pay, a prompt and timely manner, the premiums on all insurance hereinabove required . `h A separate copy of the additional insured endorsement �1 to each of CONSULTANT' S insurance policies , naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . 12 . INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor . CONSULTANT shall secure at its expense, and be responsible for any and all payments of all taxes , social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers , agents and employees and all business licenses, if any, in connection with the services to be performed hereunder . 13 . TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner . CITY may terminate CONSULTANT' S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete . Any termination of this Agreement by CITY shall be made in writing through the City Administrator, notice of which shall be delivered to CONSULTANT as provided in Section 17 herein. -8- 14 . ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the prior written consent of CITY. CONSULTANT may enter into subcontracts for performance of extra work as described in paragraph 5 ; provided, however, that CONSULTANT shall not subcontract or retain a subcontractor, consultant or independent contractor to perform this Agreement, any portion thereof , or any extra work as that term is defined in paragraph 5 , without the prior written consent of the City Administrator . The CITY reserves the right to approve any and all contracts or agreements entered into between the CONSULTANT and a subcontractor, consultant or independent contractor . 4 CONSUL-TAN shall as.s-ume fu esponsibi '�y the work of any such sub ractor, onsultant or n pendent contrac±or . 15 . COPYRIGHTS/PATENTS CONSULTANT shall not apply for or assign rights to a patent or copyright on any item or material produced as a result of this Agreement . 16 . CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official or 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 California Government Code Section 1090 , et seq . 17 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by -9- personal delivery to CONSULTANT'S agent (as designated in Section 1 hereinabove) or to CITY' S City Administrator, as the situation shall warrant, by facsimile transmission, or by enclosing the same in a sealed envelope, first class postage prepaid, and depositing the same in the United States Postal Services, addressed as follows : TO CITY: TO CONSULTANT: City of Huntington Beach James Adams & Associates City Administrator 206B Riverside Avenue 2000 Main Street Newport Beach, CA 92663 Huntington Beach, CA 92648 REST OF PAGE NOT USED -10- 18 . 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 8 U. S.C. § 1324a regarding employment verification. 19 . ENTIRETY The foregoing Agreement and the Proposal constitute the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONSULTANT: CITY OF HUNTINGTON BEACH, JAMES ADAMS & ASSOCIATES A municipal corporation of the State of California Ja s�i Adams,? Principal Mayor t'� m!��"o ATTEST: ? II111 City Clerk APPROVED AS TO FORM: INITIATED, REVIEWED AND APPROVED City Attorney Director of Community Development APPROVED: City Administrator -11- REQUES FOR CITY COUNCIL ACTION July 1, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator0 71, Prepared by: Michael Adams, Director of Community Develop Cal Subject: CONTRACT FOR PIER PLAZA DESIGN SERVICES AND WAIVER j rn OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS ' a Consistent with Council Policy? Yes `� Y• [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: 9X STATEMENT OF ISSUE: Transmitted for your consideration is a contract with James Adams & Associates for design services on the Pier Plaza design project . In addition, a waiver of the professional liability insurance requirements is being requested. RECOMMENDATION: Motion to : "APPROVE THE CONTRACT WITH JAMES ADAMS AND ASSOCIATES FOR DESIGN SERVICES ON THE PIER PLAZA PROJECT AND APPROVE A WAIVER OF THE PROFESSIONAL LIABILITY INSURANCE REQUIREMENT. " ANALYSIS: On April 22, 1991, the Council selected the firm of James Adams and Associates for architectural services related to the Pier Plaza design. On May 20, 1991, Council authorized staff to prepare a contract for architectural services . The scope of work to include the preparation of detailed conceptual design drawings for the Pier Plaza area. The design concept to include detailed construction materials and landscape specifications . The submittal shall include site plans, elevations, cross sections and other colored renderings as deemed necessary to communicate the Pier Plaza design to the community. The consultant will show how the project construction can be phased and constructed with interim materials in order to respond to the City' s current financial constraints . In addition, alternative project sizes and scope will be explored. The first phase will focus on the current pier construction project and any needed changes necessary at the landward end of the pier in order to accomodate the final plaza design. pin 5/85 /�/ Ali "oo• ro A RE UE� . FOR CITY COUNCI� ACTION 0kAd4s Q May 20, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrat r Prepared by: Michael Adams , Director of Community Develop nt c Subject: CONTRACT FOR PIER PLAZA ARCHITECTURAL CRRVTCF$ APPROVED BY CO 7 Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception o • Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attathrrrerrla.d • STATEMENT OF ISSUE: Authorize the preparation of a contract for architectural services with James Adams & Associates , for the execution of the Pier Plaza design concept . RECOMMENDATION: Motion to: "Authorize staff to prepare a contract for the architectural services of James Adams and Associates for Pier Plaza final design concept . ANALYSIS: On April 22, 1991, the Council selected the firm of James Adams and Associates for architectural services related to the Pier Plaza design. The scope of work will include the preparation of detailed conceptual design drawings for the Pier Plaza area . The design concept will include a detailed construction materials and landscape specifications . The submittal shall include site plans, elevations, cross sections and other colored renderings as deemed necessary to communicate the Pier Plaza design to the community. The consultant will show how the project construction can be phased and constructed with interim materials in order to respond to the City' s current financial constraints. In addition, alternative project sizes and scope will be explored, including indentifying additional activities and their related costs which can be completed at a later time. The first phase design will focus on any needed changes to the terininous of the new pier at the landward end concept in order not to preclude the ultimate plaza design. i ;. 1 MOWN The contract will require two public meetings in addition to a final presentation to the City Council . Total design costs not to exceed $50, 000 with the work being completed within 120 days . FUNDING SOURCE: City of Huntington Beach General Fund ALTERNATIVE ACTION: 1. Motion to: "Continue action on the proposed contract in order to obtain addition information" . 2. Motion to: "Deny the proposed contract" . ATTACHMENTS: 1. Conceptual design submittal MTU:MA:kjl RCA - 5/6/91 -2- (9502d) I r--•3 1 U • O • •• •' �l3 bO . r{ ..�� � " • O•••• yam' k ' , � ,_�l r -r 5��.,. ..,... . 11,11--Etia: .‘,7--,-..--..,--_::- x.,,, .„, ,),-_,%_A�.„ __ : 17,--41 - I- • ,ti p �i j [/ ,:;:. • ...... .. %- tidam"►. , Y -) �� R• L1 .' �s!� „�� •-. S /4-' . r ;�/� , 1ft*4,,......." `'.vf-i- .0;-.;1;) .4, .. '?,;.‘,. '.,./o-' ''''Alli. 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JAM6 ADAMS & ASSOCIATES . -Conceptual Design 1.. -_ •a't"•n %A in CITY OF HUNTINGTON BEACH b) INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH J 01ES ane\S To RISK GEMENT DIVISION From GAIL HUTTON City Attorney Subject INSURANCE CERTIFICATE RETURN Date Rejected: 2, k/By: R EX Ats N //- Vf3 The attached certificate is returned to you for the following reason(s) : (as per HB Resolution No. 6023 , May 15, 1989) (1) There is no Additional Insured Endorsement from the insurance company naming the City of Huntington Beach, its Officers and Employees as additional insured. Required for general liability insurance only. ( � ✓ (2) The certificate does not provide at least $1, 000, 000 (,l�v Combined Single Limit (CSL) coverage per occurrence, or $1, 000, 000 in the aggregate, for general liability insurance. (3) The certificate fails to provide the minimum statutory Workers ' Compensation and Employers ' Liability in the amount of not less than $100, 000 bodily injury by accident and not less than $250, 000 bodily injury by disease, policy limit. (3 .a) If there are no employees, then please sign the attached declaration (3 .b) Failed to present certificate of consent to self-insure issued from the Department of Industrial Relations (4) The cancellation clause fails to provide that: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. 10 DAYS WRITTEN NOTICE FOR FAILURE TO PAY PREMIUM OR NON-REPORTING OF PAYROLL. (5) Failure of contractor providing professional service to provide Professional Liability Insurance. Failure to provide a minimum of $500, 000 Professional Liability Insurance. Additional Insured Endorsement not required. /�� (6) OTHER: Apo C c-rL � %- riC 4-7 ' t��g-i'�3- -- 42e1A C%-vt-Y.- 7? form\insur(5/91)