sr-022884-11dC/ED:cF:ivG:ntb
City Council 02/%3/8'1
TC: Mayor and City Council
FRGS';: City Staff
~~ i /
j... j I j',~ 3
I
FFB 2 8 1984
Santa Konica, Cslis"ornia
SUksJECT: n_cotnmendation to yuthorize the City Manager to
~~egoLiate ar,d Execut-~ a Contract for the Development of
Desi;n Guidelim~s for the Third Street Mall.
INTkUDUCTIOP:
This sport recorn:nends chat City Council authorize the City
fanner t0 ncgOLlaLe and eXeCUte a COntCaCt With lhlrtlettl Street
architects for tie cl~veloptner,t of design ouidelir,es for the Third
Street i°~ail. 1':;e report provides a brief background, a
discussion of tha proposed scopa of services and a fiscal impact
analysis.
tsaC~;chcu„D
Cn September 2,, 1~`; City Council approved the 1"r,ird Street
;Mall ~tiork Program which profiled existing conditions on the Third
Street i'iail, lOenLlfled OpportUnltieS IOr reVltall ZatlOn Of the
area and recoir,mended a specific development strategy for
immediate implementation. A cotr,ponent of the development
strategy is the establishment of design guidelines for the Mall.
The Community and Economic Development Department researched
architectural firms and obtained a reference list of twenty who ~~ -~
were sent a copy of the Request for Proposals (kFP) for theFEB28198;
1
design services. Tne krP was issued on December 7, 1983 and
proposals wire r eceived on January 12, 1984. A selection
committee compri sed of the Cha ir os' the Architectural keview
Board (AkB), two Tt;ird Street Development Corporation Board
Members, and two Community and Economic Development Department
staff reviewed the proposals and interviewed four of the
respondents. Tne criteria for selection included experience,
qualifications of staff, fees, approach to task and ability to
undertake required services (Exhibit 1). The Selection Committee
has recommended Ti~irtieth Street Architects as the most qualified
fires io the City hiznager. A copy of the proposal is attached for
your revic~r.
,,,
Di.J IiJJJiVIV
Tt:; guidelines will set architectural standards for the design of
privates i'acades on the 4ta11 «hicti will assist in unifying and
maintaining the retail character of the area. Elements to be
audressed by the guidelines include facades, business signage,
store lighting, graphics and aaindow areas. Additionally, the
consultant will identify structures of low architectural or
historic significance ahict; might provide appropriate sites for
development as pedestrian walkways between the hall and the
parking structures. The consultant is required to participate in
a minimum of two public workshops sponsored by the AkB to receive
community input and comments on the design guidelines. These
guidelines will also be reviewed by the Arts Commission,
Landmarks Commission, Ti:ird Street Development Corporation,
2
Planning Commission and approved by City Council prior to
adoption.
Thirtieth Street :architects has direct experience preparing
design guidelines for other municipalities and commercial
districts. Prior experience includes preparation of design
guidelines for the City of Riverside including a "how to" section
outlining general repair and maintenance procedures; development
of a design guidelines manual for a historic district in the City
cf Foinona; establiscrment of a com:ercial desigr, and financial
assistance progran; for tide City of Fullerton; and provision of
arChiteCtUral SerViCeS iri the d0'WntOwn ~n15tOr1C distrlCt Of Santa
Ana. iiiirtietti Street Architects' personnel is highly qualified
and tCi c' reSpGnSeS t0 the Clty'S ref C-r c'ni2 Ci12C~ Were pOS1 t1VP.
Ail memters of the Selection Committee are pleased with the firm
aa~d confident it wi11 meat the City's expectaticns.
n'U L%'SET/FISCAL Z~PACT
Funds were allocated for tr.e development of design guidelines in
tha 1yo3-3u Agency budget under account number 16-260-263-126-
5G5. As ui;is contract will not exceed the badgeted amount, no
additional appropriatior, is required.
RECOMMEIDATION
Staff YeCOlnrnends that the City GOUnCll oUt'.70rlZe tfle Clty Manager
to negotiate and execute a contract with Ti~irtieth Street
2
Architects for the development of design guidelines for the Third
streat :;all in an a_nount not to exceed $35,OOG.
Prepared by: Iv"ncy Gutierrez
Project 1~lanager
Economic Developaent Division
Community and Economic Deveiopmenc Department
4
EXHIBIT 1
01/19/8
EVALUATION FORM
Design Guidelines
for
The Third Street Mall
Proposer:
Score:
Evaluator:
lease Circle One
0 = unacceptable, 1 = acceptable, 2 = outstanding
Description of how the proposer will undertake required services
(evaluate in terms of comprehensiveness, compatibility with City
goals and consistency with RFP guidelines)
0 1 2 1. Review of existing data and applicable City
Guidelines (past studies, historical surveys,
property development standards)
0 1 2 2. Develop Design Guidelines (thematic design,
pedestrian walkways, community participation)
0 1 2 3. Presentations at meetings and community workshops
(ability to present architectural and planning
issues to public boards, commissions and citizen
groups)
0 1 2 4. Submission of documents (writing ability, graphics
ability, willingness to incorporate comments of
public, commissions, Council and staff)
Detailed Statement of Approach to Task
0 1 2 1. Appropriate distribution of responsibilities
within the organization and between any outside
agencies
0 i 2 2. Proposed approach, steps and methods to be used in
addressing required services (information
gathering and methods of analysis to be used}
0 1 2 3. Ability to meet prcject schedules (workload over
course of project and ability to handle workload
requirements)
3
Description of Proposers Qualifications
0 1 2 1. Qualifications, experience and availability of key
personnel
0 1 2 2. Areas of special expertise; special qualifications
for this project
Experience
0 1 2 1. Experience with projects of similar scope and
character
0 1 2 2. Experience with projects of equivalent or similar
complexit y
Fees
0 1 2 1. Complete and understandable per task fee
structure and detailed breakdown of fees required
(person - hours, consultants, reimburseable
expenses)
0 1 2 2. Reasonableness of proposed fee and fee structure
in relation to proposed work plan
Affirmative Action Guidelines
0 1 2 1. Quality of proposer's affirmative action plan as
determined by responses to affirmative action
questionnarie
PLEASE ADD CIRCLED POINTS TO ARRIVE AT A TOTAL SCORE AND PLACE AT
TOP OF PAGE. TOTAL POSSIBLE: 28 POINTS
k
SECTION 2. SERVICES TO BE PERFORMED BY ARCHITECT.
A. Basic Services.
Architect shall perform the services described herein for
the Third Street Mall, defined as bounded by the streets of 2nd,
4th, Broadway and Wilshire, (hereinafter referred to as "Mall").
The services to be performed by Architect are divided into four
phases and are set forth as follows:
(1) Phase 1: Review Existing Conditions and Data
(a) Preliminary site visitation and photo
documentation of existing storefront conditions to be used
to identify design problems and issues on the Mall;
(b) Evaluate existing data and past studies including
architectural and historic surveys which are relevant to the
planning and design of the Mall:
(1) Santa Monica Central Area Circulation Feasibility
Analysis
(2) Revitalization Options for Santa Monica Mall by
Keyser Marston Associates, Inc.
(3) The Introduction of Housing and an Ice Rink to the
3rd Street Mall by the Community Design Studio,
Southern California Institute of Architecture
(4) Revitalizating the Santa Monica Mall by Steven
Webber, Program and Policy Development Division,
City of Santa Monica
(5) Preliminary Plans for Parking Structure l12
(6) Santa Monica Walk: A Summary of the Basic Design
(7) Final Recommendations, Commercial and Industrial
Development Task Force, Downtown City Center,
Santa Monica, California
(c) Review property development standards affecting
Mall properties including:
(1) Draft Land Use Element
(2) Interim Development Guidelines
(3) Third Street Mal:. Work. Program
(4) Community Needs Assessment Survey in the Resident
Useage of the Third Street Mall
(5) Plot plan and aerial photo
(6) Historic Resources Inventory for the Third Street
Mall
(d) Prepare an announcement for distribution to City
Boards and Commissions, the TSDC and the Chamber of Commerce
introducing the firm, explaining the task at hand, and
describing the procedure for development of the design
guidelines. Include in the announcement a brief survey of
the issues of concern and interest to these organizations.
(e) Identify and document the design problems and
issues on the Mall. Conduct a workshop on these problems
and issues with the TSDC and the Mall Management Team, as
designated by the City. Include in the workshop the
following issues: historic district designation, historic
tax incentives for rehabilitation, facade easements,
potential funding programs, design guideline priorities.
(2) Phase 2: Develop Design Guidelines
(a) Prepare an outline of the proposed text of the
Design Guidelines and example sketches including the
following areas:
(1) Facades (Storefront and rear) - coordination of
materials, colors, textures, patterns, finishes,
lines, contours, and other physical elements.
(2) Signage - types.., placement, proportion and
balance, materials, number of words, color,
legibility and lettering.
(3) Lighting - types of fixtures, intensity,
placement.
(4) Graphics - appropriateness, location, color, image
content.
(5) Windows - treatments, display, proportion,
placement, lighting.
(6) Buildings - rooflines, massing, height, setback
proportion, scale, exterior/interior
relationships.
(~) Maintenance
(b) Submit outline to Mall Management Team for
approval and Notice to Proceed with first draft of the
Design Guidelines.
(e) Begin preparation of first draft of the Design
Guidelines including text and sketches. Conduct open
meetings (2) on the Mall for the purpose of presenting
initial sketches and drafts of the Guidelines and receiving
input and generating participation in the implementation of
the design guidelines by the public and Mall
merchants/owners. The Architectural Review Board (ARB) and
City staff will publicize the events and invite all City
Boards and Commissions.
(d) Complete first draft of the Design Guidelines.
Present draft at public hearing held by ARB.
(e) Prepare second draft Design Guidlelines
incorporating comments from first draft. Present to ARB and
Planning Commission for approval and additional public
comment.
(f) Complete final draft. Present at regularly
scheduled meeting of the City Council.
(g) Make necessary revisions as directed by City
Council and staff.
(3) Phase 3: Pedestrian Walkway
(a) Identify sites of low architectural or historic
significance for possible acquisition for walkways between
the Mall and parking structures.
(b) Design a minimum of three prototypical walkways
utilizing different lot sizes and schemes. Present for
review to the Mall Management Team.
(c) Prepare drawings incorporating comments of Mall
Management Team.
(4) Phase 4: Submission of Documents
Required products are as follows:
(a) One camera-ready and twenty copies of a handbook
of Design Guidelines appropriate for utilization by the ARB,
the development community and City staff. The handbook
shall include illustrations, graphics and other visual aids
which will assist the layperson in understanding and
complying with the design guidelines.
(b) One camera ready and twenty copies of a
descriptive brochure intended for promotional use and
distribution to Mall merchants and owners.
(c) Assist the City in establishing a legally binding
document to be used for enforcement of the design
guidelines.
(d) Assist the City in establishing an architectural
review district.
(e) Submit prototypical walkway design and narrative
report.
B. Additional Services.
(a) In addition to the services specified above,
Architect shall guarantee that both principals of its firm
are current and familiar with the project and able to
complete the required services throughout the term of this
agreement.
(b) Compensation for additional services set forth in
accordance with Section 2 (2) shall be based upon the
following rate: principal at $55.00 per hour, technician at
$38.00 per hour.
(c) Services may be added or deleted with the approval
of City and Architect.
C. Performance.
(1) Time for Performance:
Architect shall complete each of the Phases of Basic
Services described in Section A within the time frame set
forth below. Extensions will be granted only in writing
from the City. Architect will not be held accountable for
delays due to circumstances beyond Architect's control.
nL
1. Review Existing Conditions,
Data; send announcement;
conduct survey
2. Develop Design Guidelines
(a) Complete Outline
(b) Complete First Draft
(c) Complete Second Draft
Completion Date
Three weeks from award
of contract.
Four weeks from award
of contract.
Nine weeks from award
of contract.
Twelve weeks from award
of contract.
(d) Complete Final Draft Sixteen weeks from
award of contract.
3. Pedestrian- Walkway
(a) Identify sites
Six weeks from award
of contract.
(b) Complete draft proto-
typical design
(c) Complete final design
4. Submission of Documents
(2) Manner of Commencement
Twelve weeks from award
of contract.
Sixteen weeks from award
of contract.
Nineteen weeks from
award of contract.
Architect shall commence performance of the specified
portion of services upon receipt of a written Notice to
Proceed from the City, which will indicate the work to be
performed, time of performance and maximum compensation for
services to be performed thereunder. No Notice to Proceed
shall be performed by Architect or paid for by City until
such time as Architect has provided City and City has
accepted a certificate of endorsement of insurance.
SECTION 3 SERVICES TO BE PERFORMED BY CITY.
City shall perform the following services:
A. Provide any publications, reports, records of
existing drawings or other pertinent data available to the
City.
B. Designate a Mall Management Team to coordinate and
oversee the progress of the project.
C. Provide information regarding the requirements of
the project.
D. Responsible for notification and scheduling of
public hearings.
SECTION 4 COMPENSATION TO ARCHITECT.
Architect shall be compensated for services performed by it
or any subcontractor pursuant to Section 2A above for a fixed fee
of thirty-three thousand, three hundred eight dollars
($33,380.00). This amount shall include all travel expenses,
reimbursements, and reproduction costs. Compensation shall be
paid monthly per the schedule below for services rendered but
shall not exceed the amounts shown below.
In addition, City shall withhold an amount equal to ten (10)
percent of the total amount due per month. The total amount
withheld per month shall be payable in one (1) lump sum upon the
satisfactory completion of the Basic Services as determined in
Section 2, Part A as determined by the Director of the Community
and Economic Development Department, City of Santa Monica.
Schedule for Payment
(P Principal @ $55.00/hour; T Technical @ $3$.00/hour)
Number of Compensation Less 10~
Activity Hours Per Phase Retention
Complete Phase 1 50P; 40T $ 4,270 $ 3,843
Phase II
Complete First Draft 158P; 108T 12,794 11,515
Complete Second Draft 60P; 38T 4,744 4,270
Complete Final Draft
Complete Phase 3
Complete Phase 4
Reproduction
Retention 10% per activity
Total to be paid
for services
~ To be billed monthly.
42P; 32T 3,526 3,173
44P; 38T 3,864 3,478
14P; 24T 1,682 1,514
2,500 2,250
3,337
368P; 28oT $ 33,380 $ 33,380
City shall remit all sums due Architect within thirty
(30) days of receipt of the invoice. In the event that
Architect has not performed the services or delivered the
items as set forth in this Agreement to City, City is
authorized to withhold payment until such services have been
performed or such items have been delivered.
SECTION 5. NOTICES.
All notices, demands, requests or approvals to be given
under this Agreement, shall be given in writing and
conclusively shall be deemed served when delivered personally
or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from
Architect to City shall be addressed to City at:
Santa Monica City Ha11
1685 Main Street
Santa Monica, California 90401
Attention: Community and Economic Development
All notices, demands, requests, or approvals from City
to Architect shall be addressed to Architect at:
Thirtieth Street Architects~~~~~
2821 Newport Boulevard
Necaport Beach, California 92663
SECTION 6. INDEPENDENT PARTIES.
Both parties hereto in the performance of this Agreement
will be acting in an independent capacity and not as agents,
employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees shall
have any control over the conduct of Architect or any of
Architect's agents, servants, employees, or subcontractors,
except as herein set forth.
SECTION 7. I*TT£GRATED CONTRACT.
This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the
parties hereto and all preliminary negotiations and agreements
• of whatscever kind or nature are mereed herein. No ver'~al
agreement or implied covenant shall be held to vary the
provisions hereof. Any modification of this Agreement will be
effective only by written execution signed by both City and
Architect.
SECTION 8. COST OF LITIGATION.
If any legal action is necessary to enforce any
provision hereof or for damages by reason of an alleged breach
of any provisions of this Acreement, the prevailing party
shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable
attorneys' fees.
SECTION 9. HOLD HARMLESS.
Architect shall indemnify and hold harmless City, it's City
Council, Boards and Commissions, Officers and Employees from and
against all loss, damage, liability, claims, suits, costs and
expense, including reasonable attorney's fees, caused by the
neglignet act, error or omission of Architect in the performance
or failure to perform professional services under this agreement.
However, the Architect's total liability for all of the
aforegoing matters shall be limited to amounts recovered or paid
on behalf of the Architects, it's Officers, Employees, or
Subconsultants pursuant to the insurance required under Section
17 of this agreement.
Architect shall indemnify, defend and save harmless the
City, its City Council, Boards and Commissions, Officers, and
Employees from and against claims and losses, including
reasonable attorney's fees for any firms or corporations for
whose acts the Architect is leagally liable in the performance or
failure to perform professional service under the agreement.
SECTION 10. PROHIBITION AGAINST TRP,itiSFER5.
Architect shall not assign, sublease, hypothecate, or
transfer this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise without the prior
written consent of the City; any attempt to do so without said
consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest
by reason of such attempted assignment, hypothecation or
transfer.
The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Architect,
or of the interest of any general partner or joint venturer or
syndicate member or cotenant i:f Architect if a partnership or
joint venturer or syndicate or cotenancy, which shall result
in changing the control of Architect, shall be construed as an
assignment of this Agreement. Control means fifty percent
(50~) or more of the voting power of the corporation.
SECTION 11. COliNTER-ARTS.
This Agreement may be executed in several counterparts,
each of which is an original, and all of which together
constitute one and the same document.
SECTION 12. PERMITS A4D LICENSES.
Architect, at its sole expense, shall obtain and
maintain during the term of this Agreement, all appropriate
business and professional licenses and certificates that may
be required in connection with the performance of services
hereunder.
w
SECTION 13. WAIVER.
A waiver by the City of any breach of any term,
covenant, or condition contained herein shall not be deemed to
be a waiver of any subsequent breach of the same or any other
term, covenant, or condition contained herein whether of the
same or a different character.
SECTION 14. TERMINATION.
In the event Architect hereto fails or refuses to
perform any of the provisions hereof at the time and in the
manner required hereunder, Architect shall be deemed in
default in the performance of this Agreement. If such default
is not cured within a period of five (5) days after receipt by
Architect from City of written notice of default, specifying
the nature of such default and the steps necessary to cure
such default, City may terminate the Agreement forthwith by
giving to the Architect written notice thereof.
Both parties shall have the option, at-their sole
discretion and without cause, of terminating this Agreement by
giving thirty {30) days' written notice as provided herein.
L'pon terination of this Agreement, each party shall pay to
the other party that porticn of compensation specified in
Section 4 that is earned and unpaid prior to the effective
date of termination.
SECTION 15. ADVERTISEMENT.
Architect shall not post, exhibit, display or allow *_o
be posted, exhibited, displayed any signs, advertising, show
bills, lithographs, posters or cards of any kind unless prior
written approval having been secured from the City to do
otherwise.
SECTION 16. COMPLIANCES.
Architect shall comply with all laws, State or Federal,
and all ordinances, rules and regulations enacted or issued by
the City.
SECTION 17. INSURANCE.
On or before the commencement of the term of this
Agreement, Architect shall furnish the City with certificates
showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance policies.
Such certificates, which do not limit Architect's
indemnification, shall also contain substantially the
following statement: "The insurance covered by this
certificate will not be cancelled or materially altered,
except after ten (10) days' written notice has been received
by the City."
It is agreed that Architect shall maintain in force at
all times during the performance of this Agreement all
appropriate policies of insurance, and that said policies of
insurance shall be secured from a good and responsible company
or companies, doing insurance business in the State of
California.
Architect shall maintain the following insurance
coverage:
A. Liability Insurance.
General liablity coverage in the following minimum
limits:
Bodily injury -------- $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage ------ $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits.
B. Errors and Omissions.
Errors and omissions insurance, which includes
coverage for professional malpractice, in the amount of
$1,000,000.00. The policy shall provide for coverage of all
claims occurring during the term of the policy notwithstanding
the fact that the claim may be asserted subsequent to the
expiration of the policy.
C. Subrogation Waiver.
Architect agrees that in the event of loss due to
any of the perils for which it has agreed to provide
insurance, that Architect shall look solely to its insurance
for recovery. Architect hereby grants to City, on behalf of
any insurer providing insurance to either Architect or the
City of Santa Monica with respect to the services of Architect
herein, a waiver of any right of subrocation which any such
insurer of said Architect may acouire acainst City by virtue
of the payment of any loss under such insura:ce.
D. Failure to Secure.
If Architect at any time during the term hereof,
should fail to secure or maintain the foregoing insurance,
City shall be permitted to obtain such insurance in the
Architect's name or as an anent of the Architect and shall be
compensated by the Architect for the costs of the insurance
premiums at the maximum rate permitted by law computed from
the date written notice is received that the premiums have
been paid.
E. Additional Insured.
Except with respect to the insurance required by
Subsection B, the City, its City Council, boards and
cor~issions, officers, agents, servants an3 emaloyes shall be
named as additional insureds ander the policies of insurance
required by this Agreement. The naming of ar. additional
insured shall not affect any recovery to which such additional
insured would be entitled under this policy if not named as
such additional insured; and an additional insured named
herein shall not be held liable for any premium or expense of
any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required
to contribute anything towar3 any loss or expense covered by
the insurance provided by this policy. Proceeds from any such
policy or policies shall be payable to the City primarily, and
to the Architect secondarily, if necessary.
SECTION 18. NONDISCRIMINATION.
A. Nondiscrimination in Services.
Architect shall not discriminate in tY:e provision
of services hereunder because of race, color,. religion,
national origin, ancestry, sex, age, or condition of physical
or mental handicap (as defined in 41 CFR 60-741) in accordance
with requirements of State and federal law. for the purpose
of this paragraph, discrimination in the provision of services
may include, but is not limited to the following:
(1) Denying any person any service, or
benefit or the availability of a facility.
(2) Providing any service, or benefit to
any person which is not equivalent, or in a non-equivalent
manner or at a nor.-equivalent time, frcm that provided to
others.
(3) Subjecting any person ±o secregation
or separate treat<;~ent in any manner related to the receipt of
any service.
(4) Restricting ary person in any way in
the enjoyment of any advantage or privilege enjoyed by others
receiving any service or benefit.
(5) Treating any person differently from
others in determining admission, enrollment, quota,
eligibility, membership, or any other requirement or condition
which persons must meet in order to be provided any service or
benefit.
Architect shall take affirmative action to ensure
that intended beneficiaries of this Agreement are provided
services without regard to race, color, religion, national
origin, ancestry, sex, age, or condition of physical or mental
handicap.
Architect shall further establish and maintain
written procedures under which any person, applying for or
receiving services hereunder, may seek resolution from
Architect of a complaint with respect to any alleged
discrimination in the provision of services by Architect's
personnel.
At the time any person applies for services under
this Agreement, he or she shall be advised by Architect of
these procedures. A copy of such procedures shall be posted
by Architect in a conspicuous place, available and open to the
public, in each of Architect's facilities where services are
provided 'Hereunder.
B. Nondiscrimination In Employment.
(1) Architect certifies and agrees that it
will not discriminate against any employee or applicant for
employment because of race, color, religion, national origin,
ancestry, sex, age, or condition or physical or mental
handicap (as defined in 41 CFR 60-741}, in accordance with
requirement of State or federal law. Architect shall take
affirmative action to ensure that qualified applicants are
employed, and that employees are treated during employment
without regard to race, color, religion, national origin,
ancestry, sex, age, or condition of physical or mental
handicap, in accordance wi*_h requirements of State and Federal
law. Such shall include, but not be limited to, the
following:
(a) Employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation.
(b) Selection for training,
including apprenticeship.
Architect agrees to post in conspicuous
places in each Architect's facilities providing services
hereunder, available and open to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
(2) Architect shall, in all solicitations
or advertisements for employees placed by or on behalf of
architect, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, national origin, ancestry, sex, age, or condition of
physical or mental handicap, in accordance with requirements
of State or federal law.
(3) Architect shall send to each labor
union or representative of workers with which it has a
collective bargaining agreement or other contract or
understanding a notice advising the labor union of workers'
representative of Architect's commitments under this
paragraph.
(4) Architect certifies and agrees that it
will deal with its subcontractors, bidders, or vendors without
regard to race, color, religion, national origin, ancestry,
sex, age, or condition of physical or mental handicap, in
accordance with requirement of state or federal law.
(5) In accordance with applicable state
and federal law, Architect shall allow county, state, and
federal representatives, duly authorized by Director, access
to its employment records during regular business hours in
order to verify compliance with the anti-discrimination
provisions of this paragraph. Architect shall provide such
other information and records as such representatives may
require in order to verify compliance with the
anti-discrimination provisions of this paragraph.
(6) If City finds that any of the
provisions of this paragraph have been violated, the same
shall constitute a material breach of Agreement upon which
City may determine to cancel, terminate, or suspend this
Agreement. While City reserves the right to determine
independently that the anti-discrimination provisions of this
Agreement have been violated, in addition, a determination by
the California Fair Employment Practices Commission or the
Federal Equal Employment Opportunity Commission that Architect
has violated state or federal anti-discrimination laws shall
constitute a finding by City that Architect has violated the
anti-discri,-nination provisions of Agre~nent.
(7) The parties agree that in the event
Architect violates any of the anti-discrimination provisions
of this section, City shall be entitled, at its option, to the
sum of $500 pursuant to Civil Code Section 1671 as liquidated
damages in lieu of cancelling, terminating, or suspending this
Agreement.
(8) Architect hereby agrees that it will
comply with Section 504 of the Rehabilitation Act of 1973, as
amended (29 USC 794), all requirements imposed by the
applicable HE'A regulation (45 CFR Part 84), and all guidelines
and interpretations issued pursuant thereto, to the end that
no qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination under
any program or activity of the Architect receiving Federal
Financial Assistance. ,
SECTION 19. NUISANCE.
Architect shall not maintain, commit, or permit the
maintenance or commission of any nuisance in connection with
the performance of services under this Agreement.
SECTION 20. RECORDS.
Architect shall maintain complete and accurate records
with respect to costs, expenses, receipts and other such
information required by City.
Architect shall maintain adequate recozds on services
provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be
clearly identified and readily accessible. Architect shall
provide free access to the representatives of City or its
designees at all proper times to such books and records, and
gives the City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and
activities related to this Agreement. Such records, together
with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of
three (3) years after receipt of final payment.
If City's audit discloses an error of five percent (5$)
or more in information reported by Architect and City's audit
is correct, Architect shall pay the cost of City's audit
computed on the basis of four (4) times the direct payroll of
the audit staff completing the audit and audit report.
SECTION 21. REPORTS.
Each and every report, draft, work-product, map, recor3
and other document reproduced, prepared or caused to be
prepared by Architect pursuant to or in connection with this
Agreement shall be the exclusive property of the City. City
shall make no use of materials prepared by, Architect pursuant
to this Agreement and construction, repair and maintenance of
the Project.
No report, information or other data given to or
prepared or assembled by the Architect pursuant to this
Agreement shall be made available to any individual or
organization by the Architect without prior approval by the
City.
Architect shall, at such .time and in such form as the
City may require, furnish reports concerning the status of
services required under this Agreement.
SECTION 22. SAFETY REQUIREMENT.
All work performed under this contract shall be
performed in such a manner as to provide safety to the public
and to meet or exceed the safety standards outlined by
CAL-OSilA. The City reserves the right to issue restraint or
cease and desist orders to the Architect when unsafe or
harmful acts are observed or reported relative to the
perfo r...ance of the work under this Agreement.
The Architect shall maintain the work sites free of
hazards to persons and/or property resulting from his
operations. Any hazardous condition noted by the Architect,
which is not a result of his operations, shall immediately be
reported to the City.
SECTION 23. STA::DARD OF CARE.
Architect warrants and guarantees that all services
performed hereunder, including services performed by any
subcontractor, shall be provided in a manner commensurate with
the highest professional standards and shall be performed by
qualified and experienced personnel who are not employed by
the City nor have any contractual relationship with the City.
ti
SECTION 24. SUBCONTRACTOR AP?ROYAL.
Unless prior written consent from the City is obtained,
only those people and subcontractor's whose names and
addresses appear in Exhibit "A" which is attached hereto and
incorporated herein by this reference shall be used in the
performance of this Agreement. Request for additional
subcontracting shall be submitted in writing, describing the
scope of work to be subcontrcted and the name of the proposed
subcontractor. Such request shall set forth the total price
or hourly rates used in preparing an estimated cost for the
subcontractor's services. Approval of the subcontractor may,
at the option of City, be issued in the form of a Rork Order.
Architect may terminate the services of any
subcontractor and replace with a new one, subject to the
approval of the City of the new subcontractor, which approval
shall not be unreasonably withheld or delayed. Every
subcontract or agreement of any kind entered into between
Architect and any subcontractor, consultant or any other
entity engaged to perform services under the scope of this
Agreement (or between any subcontractor or others thereto)
shall contain the following provisions:
The agreement is subject to all of the terms
and conditions of that certain Agreement- entered
into between City of anta Monica and Thirtieth
Street Architect Newport Beach, California.
..
(hereinafter referred to as the "agreement"). I
agree that I am a subcontractor under the
agreement and hereby agree to be bound by all
provisions contained therein.
Insert in the applicable scope of services:
Any addition or modifications that materially
affect the services set forth in Section 2 of the
Agreement shall be approved in writing by City
prior to said additions being performed to the
provider of such services.
C. The compensation schedule set forth in the
agreement and the identification of those individuals who
shall be performing services thereunder is consistent with
that set forth in the Agreement.
SECTION 25. UTILITIES.
Architect shall pay all charges for fuel, gas, water,
electricity, telephone services and all other utilities
necessary to carry on the operations of Architect.
,- a
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed the day and year first above written.
CITY OF SANTA MONICA,
a municipal corporation
HN H. ALSCHULER, JR.
City Manager
APPROVED AS TO FORM:
ARCHITECT:
Thirtieth Street Architects ~NL
~.~4, Iq~
EXHIBIT A
ARCBIREL'LS 2IS` ~C lTIDTTVTf'N1rrAr
Thirtieth Street Architects Inc, is a California Corporation, located at 2821
Newport Blvd., Newport Beach, CA. 92663. The firm's telephone number is
(714)673-2643.
The firm 11 employees: 2 Principals, 1-additional licensed Architect,
7-technical staff n~_mbers, and 1- administrative person.
Thirtieth Street Architects, Inc, was formed seven years ago, and is a wholly
owned Corporation between John C. Loanis and James C. Wilson. Both John and
and Jim previously worked together for three years as Project Architects for a
firm in Newport Beach, California. Their ease in working together, as well as
their mutual professional respect, sparked then into forming this company.
Thirtieth Street Architects Inc. has a diversity of clientele and project
types, from house remodels, new residences, apartments, and wndominiums to
shopping center, office buildings, industrial buildings, municipal projects,
restaurants, and historical rehabilitation projects. This variety of work
insures a broad exposure to many different design problems involving all types
of construction.
Throughout these jobs, two basic goals have been continuously stressed;
service and approach. That is, to provide personal and timely services while
producing an innovative, practical, and economical approach to problem
solving.. As a result of the increasing number of projects in the office, the
firm has steadily grown with the addition of nine talented and experienced
employees.
soffi C. Loomis• President
Education: Bachelor of Arts, Syracuse University, 1969 Bachelor of
Architecture, Syracuse University, 1970.
Experience: Rolly Pulaski, AIA and Associates, Newport Beach
September 1971 - October 1976
October 1976 - Present
Licenses: State of California - Registration 4 C8684
State of Idaho - Registration # AR-1124
National Council of Architectural Registration Boards -
# 21,566
Appointments: Orange County Cultural Resources Advisory Ccnmtittee
Affiliation: Member: National Trust for Historic Preservation
Member: The Victorian Society in American
Member: The Smithsonian Institute
Member: The Cousteau Society
James C. Wilson A.I _ - Secretary and Chief Financial Officer
Education: Bachelor of Architecture, University of California
Berkeley - 1971
Experience: Christopher R. Woljciechowski, AIA, Los Angeles
September 1971 - September 1973
Rolly Pulaski, ALA and Associates, Newport Beach
September 1973 - October 1976
Thirtieth Street Architects Inc.
October 1976 - Present
Licenses: State of California - Registration ~ C8994
State of Hawaii - Registration ~ 4694
National Council of Architectural Registration
Boards - #20,988
Affiliation; Member: American Institute of Architects
Member: National Trust for Historic Preservation
Member: Friends of Terra Cotta
Chairman: of the Historic Preservation Committee foz the
of the Orange County Chapter, American Institute of
Architects
Member: Los Angeles Conservancy
Jerry P. Derasehy - Associate
Education: Bachelor of Architecture, Kansas State University
1973
Experience: Peckham-{~yton, inc., Irvine
May 1973 - May 1975
Rolly Pulaski, AIA and Associates, Newport Beach
May 1975 - January 1977
Ralph M. Sias Architect, Buena Park
January 1977 - August 1977
Thirtieth Street Architects Inc., Newport Beach
August 1977 - Present
Licenses: State of California - Registration #0009715
Thirtieth Street Architects, Inc. is particularly qualified to participate in
this project based on it diversified experience in many city revitalizations
studies, but more importantly, by its experience in program implementation.
Design guidelines should be prepared by experienced professionals who have
experience in both preparing design guidelines and managed construction
projects which have been completed according to design guidelines, using city
backed funding, and adhering to the Secretary of Interior's Guidelines for
Rehabilitation. Thirtieth Street Architects, Inc. has completed over
thirty-five buildings in proposed historic districts, or already listed on the
National Register of Historic Places in California and Hawaii.
- The Firm has close to sixty active jobs and the necessary staff to wntinue
working on those while starting new projects. Thirtieth Street Architects inc.
would utilize one principal (James C. Wilson} and one technical staff person
as the team leaders, with two additional support technical people, plus
administrative personnel.