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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.