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HomeMy WebLinkAboutARCHITECTURAL RESOURCES GROUP - 2008City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M -30). 7((1 AU _7 Ap, 9, Call 647 -5237 if you have any questions. _ _ _ _ __ ____________ ______________ ________________= t,` The agreement with No. A _c ex) %o All was completed on 6)7,,o I i W and final payment has been made. Revised 07 -23 -07 Department: P A - 1 ,11_ Phone /Ext.: L Signature: d/ VL Date: 1� 13 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 7` / " CJ CLERK OF COUNCIL DATEJJC-l] 5 2008 . tv A Z CONSULTANT AGREEMENT. A- 2008 -104 THIS AGREEMENT, made and entered into this 2nd day of June, 2008 by and between ARCHITECTURAL RESOURCES GROUP, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either parry by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or 4 mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M -20) P.O. Box 1988 and Santa Ana, California 92702 telefacsimile (714) 973 -1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Architectural Resources Group, Inc. 65 N. Raymond Avenue, Suite 220 Pasadena, CA 91103 Telefacsimile (626) 583 -1414 A party may change its address by giving notice in writing to the other parry. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. A PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lau fa Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ARCHITECTURAL RESOURCES GROUP Tax ID# 94- 3211192 JON HYLAND pal EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE April 17, 2008 Pedro Gullen, Associate Planner City of Santa Ana Planning Division 20 Civic Center Plaza / PO Box 1988 Principals Santa Ana, CA 92702 BRUCE D. JUDD, FAIR Dear Mr. Gullen: STEPHENJ. FARNETH, FAIA TAKASHI FUKUDA Architectural Resources Group (ARG) is pleased to submit our qualifications to assist AARONJON HYLAND, ALA you with environmental review projects that related to historic resources. ARG is a full NAOMI O. MIROGLIO, AIA service, 50- person architectural practice with extensive experience working with DAVID P. WESSEL, AIC, FAPT municipalities across California to provide preservation planning assistance. As a firm, ARG brings the following to this project: • Strengths and abilities in working with cities, commission members, applicants, volunteers, and communities throughout California in evaluating and assessing Senior Associates the significance of and impacts to historic resources, developing historic resource AN G. BLYHOLDER, ALA inventories, historic preservation plans and elements, design guidelines, and local preservation plans and ordinances; DEBORAHJ. COOPER, ALA • Practical knowledge of the California Environmental Quality Act as it relates to GEE HECKSCHER, AIA historic resources; ARNIE HOLLANDER • Comprehensive in -house team of planners, historians and preservation architects M. BRIDGET MALEY who have extensive experience evaluating historic resources under federal, CATHLEEN MALMSCROM, ALA state, and local criteria. Our team members meet The Secretary of the Interior's SUSAN MCDONALD, AIA Professional Qualification Standards in various fields; KATHERINE T. PETRIN • Experience writing, applying and administering local ordinances throughout W. DEAN DANDLE, AIA California, including implementing existing ordinances and crafting new ordinance language and amendments; • Experience developing a public outreach process that is a key element of any historic preservation program including public workshops, training sessions for staff and the public, walking tours of significant areas and presentations for public Offices hearings; and .................._....._._ ... • Experience working collaboratively with municipal staff, decision - makers, SAN FRANCISCO stakeholders, and community groups to implement successful historic PASADENA preservation planning policies. SEATTLE PORTLAND ARG welcomes the opportunity to discuss our qualifications and approach to this project and to develop a relationship with your city. We look forward to hearing from you soon. Sincerely, Soutbern California Office Charles Edwin Chase 65 N. Raymond Avenue, No. zzo Associate Principal Pasadena, California 911o3 e -mail arg @arg - la.com 6z6.583.1401 fax 6z6.583.1414 www.arg- la.com Palm Springs Survey Glendale Design Guidelines INTRODUCTION I Architectural Resources Group, Inc. Los Angeles Design Guidelines Founded in 1980, Architectural Resources Group, Inc. (ARG) is a full service architectural practice based in San Francisco with offices in Pasadena, and Portland. ARG provides a wide range of specialized preservation planning, architectural, materials conservation and urban planning services. We believe our firm is a strong candidate to collaborate with the City of Santa Ana on CEQA evaluations for historic resources. The quality and depth of our in -house resources differentiates ARG from other historic preservation practices and architectural firms. We are comprised of planners, architects, and conservators who work together as a group to provide specialized services in historic preservation. Further, the depth and breadth of our preservation planning experience throughout the West will provide the City with the professionals necessary to evaluate projects under CEQA. Our 50 person staff members work collaboratively with our clients to explore architectural and historic design solutions, assess building material conditions, document historical significance and inventory historic resources. Our staff members meet the professional qualification standards set forth by the United States Secretary of the Interior. Working throughout the Western States including California, Arizona, Nevada, Oregon, Hawaii and Alaska, ARG has gained experience through a wide range of projects in cultural resource planning. Services provided include: design and construction; master and preservation planning; historical research and documentation; historic resource surveys; historic structure reports; preservation plans; historic preservation ordinances; design guidelines; design review; national, state, and local register nominations; and Historic Preservation Tax Certification consultation. San Francisco City College INTRODUCTION CONTINUED Foothill College City of Pleasanton Environmental Review & Analysis ARG frequently assists municipalities, government agencies, environmental planning consultants, developers, and private property owners in the environmental review process by preparing Historical Resource Analysis Reports to be included as part of larger environmental assessments. Identification, evaluation, and mitigation of the impacts and effect of proposed projects on historic resources is mandatory under the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act (NHPA), and the California Environmental Quality Act (CEQA), as well as local planning and development guidelines. • Downtown Area EIR, Berkeley, CA • Laguna Honda EIR, San Francisco, CA • Emporium Building EIR, San Francisco, CA • City College of San Francisco, Main Campus EIR, San Francisco, CA • Foothill College, Main Campus EIR, Los Altos Hills, CA • Garden Hacienda Apartments EIR, San Carlos, CA • Vallejo Waterfront, EIR, Vallejo, CA • First Presbyterian Church EIR, Berkeley, CA • West Oakland Redevelopment Area EIR, Oakland, CA • Residential Project EIR, San Mateo, CA • Rosenberg Department Store Building EIR, Santa Rosa, CA • Ellsworth / Second Avenue Project EIR, San Mateo, CA • Sunset Center Draft EIR, Carmel, CA • 25 Isabella, Initial Study Under CEQA, Atherton, CA • Hamilton and Emerson Site Review, Palo Alto, CA • Downtown Historic District Design Review, San Mateo, CA • East Garrison EIR, Fort Ord, CA • Robinsons - May Department Store Historic Resource Assessment for Environmental Review, Beverly Hills, CA Downtown Berkeley Survey INTRODUCTION CONTINUED Oregon State Parks Survey West Hollywood Survey Historic Resource Surveys and Historic Context Statements Historic Resource Surveys serve as an information base and planning tool that municipalities and the public use to make informed land -use decisions regarding identified historic resources. By working with city/county staff, local commissions, historic preservation advocacy groups, and private citizens, ARG has successfully completed many Historic Resource Survey projects throughout California. Historic Context Statements outline historic themes, patterns, or trends that substantiate the significance of a specific event, property, site, or community. Historic Contexts provide a foundation for future planning efforts such as the identification, evaluation, designation, and preservation of historic properties. ARG has recent relevant experience completing historic resource surveys. Select projects include: • City of Palm Springs, Historic Resource Survey, CA • City of West Hollywood, Multi- family Survey, CA • City of Berkeley, Downtown Survey, CA • Oregon State Parks, Historic Resource Survey, Various Sites within State Parks, OR • Foothill College, Campus Survey, Los Altos, CA • City of Fresno, Chinatown and Germantown Survey, CA • City of San Leandro, Historic Resource Survey, CA • Fort Ord, East Garrison Survey, Monterey County, CA • Presidio of San Francisco, Cultural Resource Inventory, CA • City of San Jose, East Downtown Frame Survey, CA • United States Coast Guard, Surveys of Various Sites Throughout California, Alaska, and Washington State Swedenborgian Church NHL INTRODUCTION CONTINUED Glen Alpine Springs NHL Nomination Altenheim NR Historic Site Documentation & Designation The research, documentation, and designation of properties to local, state, and national historic site registers acknowledges the significance of a resource and increases public awareness of an area's heritage. ARG has successfully nominated numerous properties for historic site designation for a range of clients including the National Park Service, local governments, and private property owners. Recent work includes property designations on the National Historic Landmarks list, the National Register of Historic Places, the California Register of Historical Resources, and local historic site registers. Select projects include: • Swedenborgian Church, National Historic Landmark Nomination, San Francisco, CA • California Cotton Mills, National Register Nomination, Oakland, CA • Four WWII - Related Historic Buildings, Rosie the Riveter/ WWII Home Front National Historical Park, National Register Nomination, Richmond, CA • Cowell Lime Works Historic District National Register Nomination, University of California, Santa Cruz, CA • Altenheim Senior Housing Facility National Register Nomination, Oakland, CA • Edge Hill Winery National Register Nomination, St. Helena, CA • NASA/Ames Moffett Field Historic District National Register Nomination, Moffett Field, CA • Beringer Winery Historic District National Register Nomination, St. Helena, CA • Glen Alpine Springs National Register Nomination, El Dorado County, CA Glendale Design Guidelines INTRODUCTION CONTINUED South Pasadena Design Guidelines Tomales Design Guidelines Design Projects & Design Guidelines Context - sensitive design review, historically appropriate design guidelines, and neighborhood character studies assist municipalities and stakeholders in decision making, often resulting in the retention of the significant character - defining features of a historic property or area. Sympathetic new construction that is complementary to the historic character of an area is a design guideline goal. Working with ARG staff architects and conservators, the Planning and History Group undertakes design review studies for public and private agencies and has recently completed design guidelines for the City of Glendale, downtown Los Angeles, and Fort Ord's East Garrison in Monterey County. • City of Glendale, Historic District Design Guidelines, CA • City of South Pasadena, Design Guidelines, CA • Los Angeles Conservancy, Historic Downtown Los Angeles Design Guidelines, CA • Fort Ord, East Garrison Design Guidelines, Monterey County, CA • NASA/Ames, Shenandoah Plaza Design Guidelines, Moffett Field, CA • West Colorado Boulevard, Pasadena, CA • Pismo Beach Historic Downtown Design Guidelines, Pismo Beach, CA • Presidio of San Francisco, Illustrated Guidelines for the Rehabilitation of Buildings at the Presidio of San Francisco, CA • City of San Jose, Willow Glen Revitalization Strategy and Design Guidelines, CA • Stanford University, Main Quad and Campus Design Guidelines for Historic Buildings, Stanford, CA • City of Tomales, Design Guidelines, CA Los Angeles Design Guidelines Glendale Design Guidelines Palm Springs Survey PROPOSED TEAM We have assigned a number of highly qualified preservation planners, architects and historians to this project. The following is a list of the team and their roles and responsibilities that will carry throughout the life of the project. Charles Edwin Chase, AIA Katie Horak Jennifer Trotoux Katherine Petrin Shayne Watson Justine Leong, AIA, LEED AP Primary Contact Person Katie Horak Project Manager 626.583.1401 k.horak @arg- la.com Principal -in- Charge Project Manager Architectural Historian and Preservation Planner Architectural Historian and Preservation Planner Architectural Historian and Preservation Planner Project Architect Palm Springs Survey TIMELINE & HOURLY RATES Glendale Design Guidelines Los Angeles Design Guidelines As this contract would be an on- going, on -call contact, we have proposed a project manager to assess the project needs on a weekly and monthly basis. We do not anticipate having any difficulty in completing tasks and assignments under this contract. Our Pasadena office is fully staffed and can also be supported by our San Francisco office. ARG's approach is to staff our projects with qualified staff members who are committed throughout the life of the project. Before assigning staff to projects, we carefully evaluate workloads and depth of relevant experience to arrive at the best possible combination of team members. The proposed team members have both the experience and the availability to successfully complete this project. Our firm size is 50 including 15 licensed architects, 9 project designers, 8 architectural conservators, 6 architectural historians, and a construction specialist/cost estimator. Due to our size and staff qualifications, we are capable of assigning project team members who will be committed to this project from inception to completion. Our hourly rates and insurance information follow. r ARCHrrEcn GROUP, INC. Archaecu, �Y esemtors N STANDARD BILLING RATES 1. Direct personnel expense shall be billed at the following rates, including time for meetings, public meetings, and presentations: Founding Principal $220.00 /hour Principal $190.00 /hour Associate Principal $170.00 /hour Senior Designer, Architect, Planner, Historian, and Conservator $145.00 to $170.00 /hour Architect, Planner II, Historian II, and Conservator II $125.00 to $140.00 /hour Planner I, Historian I, Conservator 1 $100.00 to $130.00 /hour Designer, Technical Staff and Intern $100.00 to $125.00 /hour Administrative Staff $75.00 /hour 2. Reimbursable Expenses shall be billed at cost plus 15% and shall include the following: a. Reproduction costs such as printing or duplication of drawings, specifications, written reports, and cost estimates, etc. b. Lodging, subsistence, and out -of- pocket expenses for authorized travel in connection with work. c. Travel: (including local) IRS allowable rate, currently $0.505 /mile, plus tolls and parking. d. Data: Long distance telephone /telegraph /telex/fax charges /database access charges, etc. e. Cost of models, special renderings, photography, special process printing, special printed reports or publications and maps. f. Computer time for drafting is included in our standard billing rates. Computer time and labor time for plotting and trimming of drawings for formal submittals and Owner's use, as well as packaging electronic files for Owner or Contractor use, will be charged at $18 per plot or plot file. g. Postage and delivery charges. h. Professional consultants retained with client approval. i. Specialized equipment rental (required by the project). 3. Rates effective January 1, 2008 through December 31, 2008. 4. Rates shall increase 5% each year until the project is completed. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by 9 Authorized Representative Client #: 521 ACORD. CERTIFICATE OF LIABILITY INSURANCE Dm) MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 07/21/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 GENERAL LIABILITY 510 465 -3090 Stefanie Nardelli INSURERS AFFORDING COVERAGE INSURED Architectural Resources Group, Inc. Pier 9, The Em Suite 107 San Francisco, , C CA A 9 941111 1 INSURERA: Travelers Indemnity Co. of Connect INSURER e: XL Specialty Insurance Co. INSURER c: Hartford Casualty Insurance Co. INSURER D: INSURER E: X COMMERCIAL GENERAL LIABILITY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MM/DDM/ LIMITS A GENERAL LIABILITY 68048651-347 09/01/07 09/01 /08 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $500000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10,000 CLAIMS MADE FX] OCCUR PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE s2,0001000 GEN'L AGGREGATE LIM ITAPPL IES PE R: PRODUCTS - COMP /OPAGG s2,000,000 POLICY X PRO LOC JECT C AUTOMOBILE LIABILITY ANY AUTO 57UECAE9903 10101/07 10/01/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ t✓ GARAGE LIABILITY J, AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR E71 CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB7608Y713 09/01/07 09/01/08 X WC Y STATI IT U- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 B OTHER Professional DPR9605916 08/20/07 08/20/08 $2,000,000 per Claim iability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. Ref: Environmental Consulting Services. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, (See Attached Descriptions) r�vr�lc nv�u�rt I IPUUIIIUNALINbUKLL);INZiUMt:KLt:llk:K: LANI.CLLA I IUN SHOULD ANYOF TH E ABOVE DESCRIBED POLK:IES B E CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WIC TO MAIL An DAYSWRITTEN Attn: Bill Apple NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFTjW" K 20 Civic Center Plaza Kxx� Santa Ana, CA 92701 xxcxenrx�c NI wm.! zu-v Irr.7r)l of 2 ;;M201724 NMF © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) volunteers and representatives are included as additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. Insurance is primary and non - contributory. Severability of interests apply per policy form. wms 20.3 (UIMI) 2 of 2 #M207724 POLICY NUMBER: 6804865L347 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 07/21/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION (S): City of Santa Ana Attn: Bill Apple 20 Civic Center Plaza Santa Ana, CA 92701 PROJECT /LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If the injury or damage arises out of the per- formance by you or your subcontractor, of "your work" on or for the project, or at the lo- cation, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to their inde- pendent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the render- ing of or failure to render any "professional services ". b. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in a "contract or agreement requiring insurance" for that additional in- sured, or the limits shown in the Declarations for this Coverage Part, whichever are less This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the Coverage Pa rt. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any CG D3 82 09 06 2006, The St. Paul Travelers Insurance Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Offices, Inc, with its permission COMMERCIAL GENERAL LIABILITY other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. SCHEDULE CONTINUED: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are included as additional insureds. Page 2 of 2 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 82 09 06 Includes copyrighted material of Insurance Services Office, Inc, with its permission.