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HomeMy WebLinkAboutTHIRTIETH STREET ARCHITECTS INC - 2000-04-18 DEPARTMENTAL CHECKLIST FOR TRANSMITTING $20,000 & UNDER AGREEMENTS TO THE CITY CLERK FOR OFFICIAL FILING _ Yes No NIA V ❑ ❑ Are all blanks filled in on agreement? ❑ ❑ Has contractor signed agreement? ® ❑ ❑ Are all other signatures(e.g., City Attorney Approval As To Form) on agreement? ❑ ❑ Does agreement have Exhibits and/or Attachments? If Yes, ® Are Exhibits/Attachments marked? 1P Are Exhibits/Attachments attached? Yes No NIA ® 1 ❑ ❑ Is Insurance required? If Yes, 59 Is Insurance attached? 59 Is Insurance Approved As To Form by City Attorney ❑ x If waived, is Settlement Committee approval attached? ❑ If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes No N/A If this agreement requires documentation to be on file regarding Requests for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search (termination date is required for Clerk's computer program to flag for microfilming/destruction purposes). Description of Agreement (Purpose) (such as Perform Soil Analysis Waterfront Hilton/PCH/Atlanta): h e -r a r Ao&%^•t 9 Ck S Termination Date: RECEIVED APR 1 2 2t,A 00 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THIRTIETH STREET ARCHITECTS, INC. TO PROVIDE ARCHITECTURAL SERVICES THIS AMENDMENT is made and entered into the /Y day of A Pe l 52000, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body,hereinafter referred to as "AGENCY," and THIRTIETH STREET ARCHITECTS, INC., a California corporation, hereinafter referred to as CONSULTANT. WHEREAS, AGENCY and CONSULTANT are parties to that certain agreement, dated December 4, 1997, entitled"Professional Services Contract Between the Redevelopment Agency of the City of Huntington Beach and Thirtieth Street Architects, Inc. to Provide Architectural Services," which agreement shall hereinafter be referred to as the"Original Agreement," and Since the execution of the Original Agreement, AGENCY has requested additional work from CONSULTANT and CONSULTANT has agreed to perform such work; and AGENCY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT, and the additional compensation to be paid in consideration thereof by AGENCY to CONSULTANT, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. ADDITIONAL WORK CONSULTANT shall provide to AGENCY such additional services as described in the letter from James C. Wilson to Tom Andrusky dated March 20, 2000, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, AGENCY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from AGENCY as full payment for services rendered, at the hourly fee schedule as shown on in the Original Agreement, an additional sum not to exceed Nine Thousand Three Hundred Sixty and no/100 Dollars ($9,360.00). The additional sum shall be added to the original sum of Eight Thousand Five Hundred and no/100 Dollars (S8,500,00) for a new total contract amount of Seventeen Thousand Eight Hundred Sixty and no/100 Dollars 3. REAFFIRMATION � Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 g:4:2000.Agree:Amendment No. I Thirtieth Street Architects RLS 00-330 4!6!2000 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. THIRTIETH STREET ARCHITECTS, INC. REDEVELOPMENT AGENCY OF THE A California E(print CITY OF HUNTINGTON BEACH, a public body Executive irector e) ATTEST: _ Its: (circle one)Chairma residen ice President ' Agency Clerk By: co Lb ol; APPROVED AS TO FORM: (print o e LZ p� Its:(circle one)Secret hief Financial Agency Counsel D (1A ep Asst. Secretary- reasurer ��tv y-/y'aG 1.GI�p61A REVIEWED AND APPROVED: INITIATED AND APPROVED. 6&.22 aE�� #a&' -ho irector 6irector of Economic Development f 2 g:4:2000Agree:Amendment No.1 Thirtieth Street Architects RLS 00-330 4/6/2000 EXHIBIT A z0 c 59 L7S8 zL9 7- t77 :9: Oaa?-07—�ItW thirtieth John c.loamis,architect street 3atnes c-wiLson.architect architects elwoad],gu1]ey.architect inn. March 20, 2000 Mr. Tom Andrusky Economic Development City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Andrusky We appreciate the opportunity to submit this proposal for providing additional services to our contract dated December 4, 1997 for work on the Worthy House- Scope of Work We propose the following scope of work: Phase 2 Conduct a Section 106 2.1 Coordinate a Section 106 process. 2.2 Conduct the actual Section 106 process, with the subcontractor PCR, as outlined in the attached proposal dated January 12, 2000. Professional Fees Task 2.1 will be billed hourly plus reimbursable expenses not to exceed $1,000 Task 2-2 is a lump sum $8,360. The professional fees for the task 2.1 above will be. at the following hourly rates: TSA Principal $100.00/hr. TSA Licensed Architect $65.00/hr. TSA Draftsperson $48.00/hr. The total amount of this amendment is not to exceed $9,360. architecture historical rehabilitation planning 2&1 newport bl d. newmrt beach Caii`a a 2926M . '• -` - - _;_.asuali zsame o.Lrom - ZO d 9 3 C N. �'C i OC . :� -4ew r58-�%g- ;L S_0 3__ �''� _S .C�,.-. LLB 7T.L PT:ST 032Z-CZ-�,n ' Reimbursable items such as blueprinting, CAD plotting, photocopying, film developing and printing, delivery services and FAX costs which will be billed at 1.1 times direct costs. Invoicing will occur monthly for work completed and reimbursable expenses incurred. We appreciate the opportunity to work with you on this project, and hope you will call if you have any questions regarding this proposal. Sin e e , J es C. Wilson. Principal Worthy House Amendment-Page 2 20 ' c- 900' -Oh -L,0 : 7 00 , T2 DPW _S r!'02 " APR.13'2000 14:23 7144276818 ;EALEY RENTON ASSOC #2484 P.001/003 -W, CERTIFIC : OF LIABILITY INSUO NCE 3A I TEt /201 04/ 3/200 DRODUCER' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOMER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 111E POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSUGEO INSURERA:St . Paul Fare & Marine i Thirtieth Street Architects INsumEna:Aneri.can Automobile I:�surance Ca. 2621 Newport Boulevard INSUnERC:Associated International InsRA&. C Newport Beach, CA 92663 INSURER 0: �- INeURER E: COVERAGES THE POLICES OF INSURANCE L MO BELAW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLEY PERIOD INDICATED- NOTWITHSTANCING ANY REQUTAEM6NT. TERM OR CONDTfION OF ANY CONTRACT OR 0-1 HER DOCUMENT WITH RESPECT TO WHICH —HS CeRTIFICATE MAY BE SSLIED OR MAY RERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERFM IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ LA TYPE OF INSURANCE POLICYNUMBEti C M -9LICY IAAT!O LIMITS - A 6ENERALLlA81LTPf jRP06650521 05/16/00 05/16/0 EACHoccuRRENCE s1 000 000 X.00MMERCEALGFN-_F3ALLIA9ILrry F!REDAMAGE Qkny One sINCLUDED CLAIMS MADE CCCUR MEP EXP iAn mo ersen 55 a a o FFCLICYFX7. PD� XC'U PERSONA:&ADV INJURY S1 0 0 0 O O O f_..... NTRACTUAL GENERAL AGGREGATE ,s2, 000 G 0 0 - ------ GREGATE LIMIT APPLIES PER; PROD UCTS-COMPIOP AGGI s2 0 0 0 0 0 0 FRO• 7,1 LOC A AUTOMOBILEUABILITY RP06650521 05/16/00 105/16/01 rOM�BIIhdEQGINaLELIMIT 000 , 000 ANYAU70 APPROVED A5 TO FORM- ALL OWNED AUTOS Gi, IiuTTOi� �arvsr "r!juRY ScHE D'J L E D AUTOS AIL I so i s HXMIRED AUTOS I Ir1TY !UR'TEY ff �,---r� BOOr�Y INJURY X I= NON-OWNED AUTOS By.i rrnaeCIdCnt) I �`- Duty City AttorniB7 i PPRerOPERTY DAMAGE s 1 GARAGE LIABILITY AUTO ONLY-EAACCIDEN;; ANY AUTO _ OTHEp THAN P-A ACC I I AUTO ONLY: AGG S EXCESS LIABILITY I I EACM O=UptqENCS f OCCUR �J CLAIMS MAD AGGREEGATE �f 1 I DEDUCTIBLE S I RETENTION S S B WORKERS COMPENSATMN AND WZP80817675 09/01/99 109/01/00 X "`csTATU- OTH j Liml EMFLCYERS LIABILITY E.L.EACI•t ACG10ENT f l 0 0 0 O O Q E-L.DI5EASE-EAEMPLPVE0 s1�4 000 1 I fE.L-DISEASE-POLI", LIMd 91 000 , 000 C rrrHRProfessional AEP450930D 05/13/99 05 13 00 .I $1, 000, 000 per claim Liability I , $1, 000, 000 anni aggr 3 3 DESCRIPTION OF OPERATIONS!LOCATIONSIVEHICL2SIEXCLUSIONSADUED BY ENDO.ClSEMENTISPEOIALPROVISIONS *Except 10 days notice of cancellation for non-payment of premium. Re: Worthy Properties Redevelopment Agency of the City of Huntington Beach, the City of Huntington Beach, its agents, officers,and employees are (See Attached Descriptions) CERTIFICATE HOLDER 1 ADDTRONALIRSURBD IN LErrm CANCELIIITION FMC 0 Pfe-17K - /, 97 fSFMLDANYOFi?IEABOVE06MR9EDPOU.^:FSSECYWOELUDE!SPWETMEEWRA-ION CITY Or HUNTINGTON BEACH 'aATETHEREOP.THE ISSUING INSURI;RWILL5M<VU)UPSCVMAIL3-0--OAnWRfTTEN Risk Management Division NORICETOTMECERTF=TEHOLDEFINANEDTOTMLFFTM 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRL' N7ATIVE ACORD 2S-S(7l97)1 of 2 $#M2 2 3 5 4 -' THC 0 ACORD CORPORATION 19BE APR-13-2000 14:19 714427BB18 97: P-01 �-• APR.13'2000 14:23 7144276818 DEALEY RENTON ASSOC #24$4 P.0021003 DESP `1PTIONS (Continued from 4P 3e 1) additional insureds with respect to general liability coverage. This is primary insurance. 4-13-00 REVISED k AMS 25.3(07/97)2 of 2 #M22354 APP-13-2000 14:19 7144276818 97: P.02 �• APA.13'2000 14:23 7144276818 DEALEY RENTON ASSOC #2484 P.003/003 ` G NERAJGENDO1 __NAMN7 • REVISED In consideration of an additional premium of N/A, it is hereby understood and agreed that : the following applies: (X J A,ADXTION-AL XNSURED REDEVELOPMENT AGENCY OF THE CITY OF flUNTINGTON BEACH,THE CITY OF WJNTINGTON BEACH,US AGENTS,OFFICERS AND EMPLOYEES. is/are Additional Insureds as respects to work done by Named Insured. [X ] PRR'IARX COVERAGE With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the ber efit of the above Additional Insured/s. [ I WAIVER OF SU BR(-)G�AUON It is understood and agreed that the Company waives the right of subrogation against the above Additional Insurod/s for project described in certificate attached hereto. [ ] CRQSS LIA1g LM CL USE The naming of more than one person, fi= or corporation as insureds Linder this policy shall, not, for that reason alone, extinguish any rights of one insured against another, but this endorsement, and the naming of multiple insureds, shall not increase the total liability of the Company under this policy. [X I NOTICE OF CANCELLATION It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of premium, 30 days written notice will be sent to the following by mail CITY OF�-MGOTN BEACH RISK MANAGEMENT DIVISION 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 In the event the policy is canceled for non-payment of premium, 10 days written notice will be sent to the above. Policy No.: RP06650521 Effective Date: 05-16-99 Insurance Company: ST. FATLZ FIRE &MARINE Issu to: TFURTIETH STREET ARCHITECTS Issue Date: 04-13-00 Authonz entative RPR-13-2000 14:19 7144276818 97i P.03 H6 lozk 3 -o 3 AMENDMENT NO. 1 THIRTIETH STREET ARCHITECTS, INTC. 4- 18-00 This contract is a sole source agreement because of the extensive knowledge the contractor has about the project. founding principals • john c. Loomis,architect thirtiet'R james c.wilson,architect street principal 1 elwood 1.galley,architect architects CITY ince rt November_24,.-1997 Office-of-CITY-'ATTORNEY Post Office-Box 190 2000 Main Street Huntington Beach, CA. 92648 Attn: Scott F. Field Deputy City Attorney Re: Contract between Redevelopment Agency of the CijX of Huntington Beach and Thirtieth Street Architects, Inc. Dear Mr. Field: Pursuant to your correspondence dated November 12, 1997, please find enclosed a Professional Services Agreement referenced above, duly executed, as requested. Please fonward a fully executed copy to my attention for our records, once the appropriate City representatives have signed same. Thank you in advance for your professional courtesy in this regard. Very truly yours, Thirtieth Street Architects, Inc. Sharon L. Bosse Office Manager /sb Enclosure: Agreement architecture historical rehabilitation planning 2821 newport Blvd. newport beach, california 92663 fax(714) 673-8547 (714)673-2643 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THIRTIETH STREET ARCHITECTS,INC. TO PROVIDE ARCHITECTURAL SERVICES Table of Contents Section Page I WORK STATEMENT I 2 AGENCY STAFF ASSISTANCE 1 3 TIME OF PERFORMANCE . 2 4 COMPENSATION 2 5 EXTRA WORK 2 6 METHOD OF PAYMENT 3 7 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . 4 8 1NDEMNIFICATION, DEFENSE,HOLD HARMLESS 5 9 INSURANCE . 5 10- CERTIFICATES OF rNTSURAI CE . 6 11 INDEPENDENT CONTRACTOR 7 12 TERMINATION OF AGREEMENT. 8 13 ASSIGNMENT AND SUBCONTRACTING 8 14 COPYRIGHTS/PATENTS 8 15 AGENCY EMPLOYEES AND OFFICIALS 8 16 NOTICES 9 17 IMMIGRATION 9 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED . 9 19 ATTORNEY FEES 10 20 ENTIRETY 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THIRTIETH STREET ARCHITECTS,INC. TO PROVIDE ARCHITECTURAL SERVICES THIS AGREEMENT is made and entered into this 4th day of December 1997, by and between the REDEVELOPMENT AGENCY OF THE - CITY OF HUNTINGTON BEACH, a public body,hereinafter referred to as"AGENCY', and THIRTIETH STREET ARCHITECTS, INC., a California corporation,hereinafter referred to as "CONTRACTOR." WHEREAS, AGENCY desires to engage the services of a contractor to provide economic consulting services in the City of Huntington Beach; and Pursuant to documentation on file in the office of the Agency Clerk,the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and AGENCY desires to enter into this agreement with CONTRACTOR; NOW, THEREFORE, it is agreed by AGENCY and CONTRACTOR as follows: 1. WORK STATEMENT ' CONTRACTOR shall provide all architectural services as reflected on Exhibit "A," attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as"PROJECT." 1 S F/s:FCD:Agee:30[hSt RLS 97-853 1 ll l2/97-92 CONTRACTOR hereby designates James C. Wilson who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of-the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement. The contract will not exceed a two-year period, commencing with the date of the signing of this Agreement, without written authorization by the Agency's Executive Director. 4. COMPENSATION In consideration of the performance of the services described herein,AGENCY agrees to pay CONTRACTOR, as described in Exhibit "A", a fee not to exceed Eight Thousand Five Hundred Dollars (S$,500), inclusive of all costs. 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A", or changes in the scope of services described in Exhibit "A", CONTRACTOR will undertake such work after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 2 S F/s:PCD:Agree:3pthSt RLS 97-853 llf}7;97_#2 :. 6. METHOD OF PAYMENT = A. CONTRACTOR shall be entitled to invoice the AGENCY monthly for work completed based.upon the hourly rates set forth in Exhibit"A." B. Delivery of work project: A copy of every technical memo and report prepared by CONTRACTOR shall be submitted to the AGENCY to demonstrate progress toward completion of tasks. In the event AGENCY rejects or has comments on any such product,AGENCY shall identify specific requirements for satisfactory completion. ,Any such project which has not been formally accepted or rejected by AGENCY shall be deemed accepted. C. The CONTRACTOR shall submit to the AGENCY an invoice for each 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 CONTRACTOR'S firm that the work has been performed in accordance with the 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 AGENCY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, AGENCY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by AGENCY. Such approval shall not be 3 SF1STCD:A0ree:30thSt RLS 97-853 11/12'97-42 unreasonably withheld. If the AGENCY does not approve an invoice, AGENCY shall-notify CONTRACTOR in writing of the reasons for non-approval,within seven(7)calendar days of receipt of the invoice,and the Project set forth in Exhibit"A"shall be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by the AGENCY shall be invoiced separately to the AGENCY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by AGENCY if the work performed is in accordance with the extra work or additional services requested, and if AGENCY 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. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS. The drawings, specifications and other documents prepared by the CONTRACTOR for this Project are instruments of the CONTRACTOR's service for use solely with respect to this Project and, unless otherwise provided, the CONTRACTOR shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The AGENCY shall be permitted to retain copies, including reproducible copies, of the CONTRACTOR's drawings, specifications and other documents for information and reference in connection with the AGENCY's use and occupancy of the Project. 4 SF/s:PCD:Agree;30thSt RLS 97-853 l l/l 2/97-Q i • The CONTRACTOR's drawings, specifications or other documents shall not be used by the AGENCY or others on other projects, for additions to this Project or for completion of this Project by others, unless the CONTRACTOR is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the CONTRACTOR. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the CONTRACTOR's reserved rights. 8. INDEMNIFICATION,DEFENSE,HOLD HARMLESS CONTRACTOR shall protect, defend, indemnify and save and hold harmless AGENCY, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with CONTRACTOR's performance of this Agreement or its failure to comply with any of its obligations contained in the Agreement except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. 9. INSURANCE In addition to CONTRACTOR's covenant to indemnify AGENCY, CONTRACTOR shall obtain and furnish to AGENCY a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR's professional liability in an amount not less than $1,000,000 per claim, and a deductible or self-insured retention that does not exceed $10,000. A claims made policy shall be acceptable if the policy further provides that: 5 S F/s:PCD:Agree:30thSt RLS 97-85" 11/12/97-.12 1. The policy retroactive date coincides with or precedes the CONTRACTOR's start of work(including subsequent policies purchased as renewals or replacements). 2. The CONTRACTOR will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3. If insurance is terminated for any reason,the CONTRACTOR agrees to purchase an extended reporting provision of at least two (2)years to report claims arising from work performed in connection with this agreement. 4. The reporting to the AGENCY of circumstances or incidents that might give rise to future claims. 10. CERTIFICATES OF INSURANCE A. Form. Evidence of insurance coverage and limits as required as required by the City shall be furnished to the City as a certificate holder on the "Accord" or similar form approved by the City Attorney. 1. The insurance policy shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except,after thirty (30)days prior written-notice;however, ten (10)days prior written notice in the event of cancellation for nonpayment of premium is acceptable for all persons or organizations. 6 SF/s:PCD:Agree:3OthSt RLS 97-853 11/12/97-x2 2. The description of work to be performed, the City department involved in the performance, and the City staff contact person must be clearly identified on the"Accord"or similar form evidencing insurance coverage. 3. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shah furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of AGENCY by CONTRACTOR under the Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. B. Approval of Certificate. Insurance certificates must be approved by the City Attorney prior to commencement of any performance under a contract or issuance of any permit, as authorized by the City Charter. C. Acceptability of Insurers. insurance must be placed with insurer with a Best's rating of no less than A: VII and insurer must be a California admitted carrier. 11. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance 7 S F/S:PCD.-A.-ree:3 0LhSt RLS 97-853 11/12/97-42 compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONTRACTOR'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement.by AGENCY shall be made in writing through the Director of Economic Development, notice of which shall be delivered to CONTRACTOR as provided herein. 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of AGENCY. 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. AGENCY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 8 S F/s:PCD:Asree:30thSt RLS 97-853 11/12/97-92 16. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent(as designated in Section I herein above) or to AGENCY'S Director of Economic Development, as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO AGENCY: TO CONTRACTOR: Director of Economic Development James C. Wilson City of Huntington Beach Thirtieth Street Architects, Inc. 2000 Main Street 2821 Newport Boulevard Huntington Beach, CA 92648 Newport Beach, CA 92663 17. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 18. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving Iegal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 9 SF/s:PCD:Agree:3OthSt RLS 97-853 11/12/97-d2 19. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof,each party shall bear its own attorney's fees. 20. ENTIRETY The foregoing, and Exhibits attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. THIRTIETH STREET ARCHITECTS, INC. REDEVELOPMENT AGENCY OF THE a Califo;m' corporation CITY OF HUNTINGTON BEACH, a public body Y. John C. L is, Presi C%aiffn Acting Executive Director A�TD ATTEST: ?ame4sWdson, /Secretary Agenff-glffI£ APPROVED AS TO FORM: c Agency Counsel ll!` REVIEWED AND APPROVED: INITIATED AND APPROVED: Ex�e6 tive Director Diree r of Economic Development 10 S F/s:PCD:Agree:3OthSt RLS 97-853 1 1/12/97-#2 EXHIBIT A fimoding principals thirtieth jnx c.loomwilson,architect }bnxs t.wilSOrr,architect street principal tlwwd L galley.arehitet architects inc. June 30, 1997 Mr. Daniel E. Bruening Economic Development City of Huntington Beach 2000 Main Street Huntington Beach,CA .92648 Dear Mr. Bruening We appreciate the opportunity to submit this proposal for providing Architectural Services for the rehabilitation of the historic Worthy Property at the corner of Walnut and Sixth Street. The site has four structures including garagelapartment building, a retail building with apartments above, a single family residence and a shed building. The buildings are in a state of continuing deterioration at the exterior and may have building and planning code violations at the interior. The program is generally to analyze existing conditions at the interior and exterior of the structures, propose and evaluate alternative corrective measures and prepare drawings,brief written text and statements of probable cost. Scope of Work We propose the following scope of work. Phase 1. Evaluation and.Feasibility Study 1.1 Review existing drawings and determine need for preparation of "as-built" drawings. (It is known that exterior design "as-builts" exist., and it is assumed that just floor plans need to prepared.) Conduct field measurements of existing structures and preparc"as-built"floor plans. 1.2 Meet with City staff and Owners to review program alternatives for rehabilitation, including any known code violations. 1-3 Conduct building and planning code review to determine any violations. architecture historical rehabilitation planning 2821 newport bled. newport beach,california 92M fax(714)67M547 (714)673-2643 sn/7n• a nnn• oN nc: r, )k 7n i nr )t7CO-C J O-n T J - 17 I C I -)-) I T u-Zvu C u I nO 1.4 -Meet with City building and planning staff to review findings and discuss mitigation alternatives. 1.5 Prepare floor plans and exterior elevations depicting a conceptual level of rehabilitation, including exterior and exterior remedial work. Drawings would include floor plans and exterior elevations for each structure. 1.6 Prepare conceptual level Statement of Probable Cost for the rehabilitation. Provide phasing alternatives if requested by staff to spread costs over a longer period of time. 1.7 Prepare brief(5 pages)report describing the work process, product and costs. 1.8 Review progress drawings, costs and report as necessary with staff during the course of the project and implement suggested changes. Please note that Landscape Architecture, Structural, Mechanical, Electrical, Soils and Civil Engineering are not a part of this proposal. Professional Fees The professional, fee for the tasks above will be billed hourly not to exceed 57,800. at the following hourly rates: Principal $100.00/hr. Licensed Architect $65.00/hr. Draftsperson 548.00/hr. Reimbursable items such as blueprinting, CAD plotting, photocopying, film developing and printing, delivery services and FAX costs which will be billed at 1.1 times direct costs. It is estimated the total reimbursable costs will not exceed $700. Therefore the total maximum cost of this proposal is$8,500. Invoicing wi11 occur monthly for work completed and reimbursable expenses incurred. We appreciate the oppormnity to work with you on this project, and hope you wiU call if you have any questions regarding this proposal. S' rel , J Principal City of Huadngwm Beach-Jry a 30.1996-Page 2 s'o/qn ' ,i nnn • om TS': A )r' . Tn Tnr ) rQq_CJ4-VT) : 1qI C� I1gITW)AH Ic u , f