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RDA INTER DSGN SVCS 11-06-89
NOVEMBER'6, 1989 REDEVELOPMENT AGENCY NO. 5 Inter- TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR CHRISTINE SHINGLETON, COMMUNITY DEVELOPMENT DIRECTOR AUTHORIZATION FOR PROFESSIONAL SERVICES/INTERIOR DESIGN SERVICES FOR TUSTIN CIVIC CENTER RENOVATION/EXPANSION RECOMMENDATION It is recommended that the Redevelopment Agency approve the agreement for interior design services with Laura McCants and authorize the Executive Director to execute said agreements subject to City Attorney approval as to form. BACKGROUND In conjunction with the design of the Tustin Civic Center expansion/renovation project, professional interior design services. in conjunction with aYchitectural services will be necessary. Appropriately, agency staff requested qualification statements from interior design firms. Requests for qualifications were sent to interior design firms either located in Tustin or firms.qualified in design of public facilities as recommended by the American Society of Interior Designers as well as by a number of public agencies who have recently completed Civic Center projects (see Attachment A - Proposal Request). In response to the request for qualifications, responses were received from nine~firms. A committee made up of representatives from a variety of City Departments reviewed and ranked each proposal and selected the four most qualified firms (based on a predetermined set of criteria) for additional oral interviews. The four firms interviewed were as follows: - Sanchez Kamps Associates - Cartwright Company - Laura McCants - Architects Orange Upon conclusion of the oral interviews, the committee unanimously ranked Laura McCants as the most qualified firm consistent with the Agency's goals and objectives and rating criteria to complete the Tustin project. Ms. McCants' proposal also includes subcontract services with the firm of Reel Grobman & Associates who are completing the City of Orange Police facility project. William.Huston November 6, 1989 Page two Ms. McCants' recent related interior design work includes work on the Aliso Viejo Fire Department, City of Cypress Recreation Center, City of Tustin Senior Center, Yorba Hills Fire Department, HOAG Hospital Cancer Center and Greater Bakersfield Memorial Hospital. A proposed professional service agreement and anticipated scope of services is attached. The billing rate for proposed services would be at an hourly rate of $65 per hour not to exceed a maximum of $61,305 or a little less than $1.00 per square foot of proposed improvements (which is an indUstry standard for interior design services). Design services for the Civic Center have been included in the 1989-90 Redevelopment Agency Budget. CAS: kbc Community Development Department August 22, 1989 STATEMENT OF.QUALIFICATIONS INTERIOR DESIGN CIVIC CENTER PROJECT Legal name of firm LAURA MCCANTS - INTERIOR DESIGN AND PLANNING Address of firm 327 CARROLL PARK EAST, LONG BEACH, CA 90814-2212 ~ype of ownership SOLE PROPRIETERSHIP - MBE How Ionfl in business 11 YEARS 7 YEARS SELF - EMPLOYED 4 YEARS EMPLOYED UNDER OTHER FIRMS Financial references SECURITY PACIFIC NATIONAL BANK EASTBLUFF BRANCH SEAL BEACH BRANCH BELMONT SHORE BRANCH Size of firm 2 SENIOR DESIGNERS 1 ARCHITECT (Part }ime - as needed) irms Qualifications and Project Managers' Qualifications & Educational Background The Proj. ect Manager would be LaOra McCants. Bache.lor of Fine Arts - Environmental Interior Design California State University. of Long Beach Laura McCants has been personally involved in many projects with these same requirements as well as size. These pro the the sel the Cen wit dur jec Ar Fu ect se ter h all able, ts involved coordination between Cl lentts Staff, chitect, the Contractor, the Furniture Suppliers, rniture Dealers as well as Signage and Artwork ion and installation. I have recently completed similar tasks for the Tustin Senior Recreation and feel that I had a good working relationship team members which produced a functional and as well as a beautiful interior. August 22, 1989 STATEMENT OF QUALIFICATIONS INTERIOR DESIGN CIVIC CENTER PROdECT PAGE 2 Role of principal in this project LAURA MCCANTS (PRINCIPAL) WILL BE IN ALL ASPECTS OF THIS PROJECT. PERSONALLY INVOLVED Recent experience in related projects (Listed alphabetically) ACEOvlAT I C TRANSMI SS I ON CORPORATE HEADQUARTERS Programming, Spaceplanning & Interior Design Contact: Mr. Chris Benjamin --President (805) 584-6000 · ( 1988 ) 8,000 sq.f.t. ALISO VlEJO FIRE DEPARTMENT (1989) Interior Design 5,500 sq.ft. Contact: Mr. Ralph Hastings AIA, Partner Hastings, Lundtrom Architects (714) 250-0224 CITY OF CYPRESS RECREATIONAL CENTER (1989) Lighting Consultation and Design Contact: Mr. Marvin DeCar Io Director of Recreation and Parks (714) 229-6780 CITY OF TUST Interior Des Contact: IN SENIOR RECREATION CENTER ign 12,000 sq.ft. Ms. Susan Jone:s Recreation Superintendent (714) 544-8890 Mr. William E Skinner "AIA- Architect (714) 546-3400 ( 1989 ) CITY OF TUSTIN - OFFI'CE PLANNING (1988) Relocation of staff/Recreation & AdminiStrative Contact: Ms· Roy leen White Director of Community & Administrative (714) 544-8890 Services Services August 22, 1989 STATEMENT OF QUALIFICATIONS INTERIOR DESIGN CIVIC CENTER PROJECT PAGE 3 Recent experience in related projects - Continued GREATER BAKERSFIELD MEMORIAL HOSPITAL (1988) Interior Design 225,000 sq.ft. Contact: Mr. David Larson, AIA Project Architect Langdon & Wilson-Arch'itect% (213.) 250-1186 Mr. Herman Ruddel I - Vice President Greater Bakersfield Memorial Hospital (805) 327-1792 HOAG HOSPITAL CANCER CENTER (1989) Interior Design 66,000 sq.ft. Contact: Mr. Tom Brown, Senior Construction Manager Hoag Hospital (714) 760-2279 PANEL CONCEPTS CORPORATE HEADQUARTERS (1989) Programming, Spaceplanning and Interior Design Contact: Mr. David Blackburn, Vice President Panel Concepts (714) 979-3680 Mr. Craig Kelford, AIA Architect. (213) 832-4334 12,000 P & M MANUFACTURING (1989) In~erior Des.ign 15,000 sq.ft. Contact' Mr. Wayne Parker , Vice President Ms. Elaine Appel, Project Coordinator P & M Manufacturing (714) 862-0616 Mr. Wil I iam. E. Skinner AIA Architect (714) 546-3400 sq.ft. August 22, 1989 STATEMENT OF QUALIFICATIONS INTERIOR DESIGN CIVIC CENTER PROJECT PAGE 4 Recent experience in related projects - Cdntinued . YORBA HILLS Interior De Contact: Mr Ms Ha (? Mr. Co (7 (PLEASE SEE FIRE DEPARTMENT (1989) sign · Ralph Hastings, AIA Partner · Susie Mutter, AIA Project Architect stings, Lundstrom Architects 14) 250-0224- · Paul D. Peters, Project Manager unty of Orange - GSA 14) 834-5883 RESUME FOR OTHER PROdECTS) Outside Consultants GRAPHIC DESIGN AND S I GNAGE K/NMI NSKY KANEKO Ms. Mar ion Kaneko (See Attached Resume) (213) 478-6678 RENDERER M. RANDALL MYTAR Professional Renderer Preliminary Estimated Cost of Services for Interior Design All Interior Design services would have a "Not to contract. All hours spent in the previous month would billed against that limit until the job is complete or "Not to Exceed" contract limit is reached. Principal/Project Manager $65.00 per hour Drafting $45.00 per hour Secretarial Staff (Included in hourly Exceed be the rate) Reimbursable Expenses Photocopying & Blueprinting Mileage Telephone Messenger Billed at direct cost Not charged unless over 60 miles per outing· Not charged unless outside of CA Not charged unless requested by client CLIENT LIST 1979 - PRESENT CORPORATE OFF ICES Including Cit¥~ Count¥~ SLate and Industrial ACE~TIC TRANSMISSION, INC. - Simi Valley, CA Programming, Spaceplanning and Interior Design 8,000 sq.ft. ALISO VIEJO FIRE DEPARTMENT - Orange County, CA Interior Design 5,500 sq.ft. ALBUQUERQUE PUBLISHING COMPANY - Albuquerque, New Mexico Programming, Spaceplanning and Interior Design 100,000 sq.ft. ALLEN, MATKINS, .LECK, GAMBLE AND MALLORY - Newport Beach, CA Programming and Spaceplannin9 25,000 sq.ft. ALVARADO, RUS 'AND MCCLELLAN - Orange, CA Programming, Spaceplanning and Interior Design ANDERSON AND ANDERSON INSURANCE - Irvine, CA Prograrrrning, Spaceplanning and Interior Design 16,000'sq.ft. 50,000 sq.ft. AUTO CLUB OF S.C. DATA PROCESSING CENTER - Santa Ana, CA Spaceplanning 100,000 sq.ft. BOOTH, MITCHELL, STRANGE AND SMITH - Los Angeles, CA Programming, Spaceplanning and Interior Design 25,000 sq.ft. CALIFORNIA STATE UNIVERSITY - FULLERTON - Fullerton, CA Remodel of Student Union Foodservice Area CITY OF CYPRESS RECREATION CENTER - Cypress, CA Lighting Consultation and Design CITY OF TUSTIN SENIOR RECREATION CENTER - Interior' Design 12,000 sq.ft. COLUMBIA S~VINGS AND LOAN - Irvine, CA Remodel of Building Lobby Tustin, CA ENVIRONMENTAL SOLUTIONS, CA - Irvine, CA Programming, Spaceplanning & Interior Design 30,000 sq.ft. H.U.B. DISTRIBUTING (MILLER'S OUTPOST CORPORATE OFFICES) Programming, Spaceplanning and Interior Design 80,000 sq.ft. CLIENT LIST 1979 - PRESENT CORPORATE OFF ! CES Including City~ County~ State and Industrial KOLL CENTER NEWPORT BUILDING 9 & 11 Newport Beach, CA Interior Design of Public Spaces and Graphics KOLL CENTER SAN JOSE - San Jose, CA Interior Design of Public Spaces and Graphics LAGUNA NIGUEL TRAVEL.-Laguna N Programming, Spaceplanning and iguel, CA Interior Design 8,000 MARTIN BUILDERS, INC. - Irvine, Cali.fornia Programming, Spaceplanning and Interior Design 7,500 MESERVE MUMPER AND HUGHES - Newport Beach, CA Programming, Spaceplanning and Interior Design 20,000 MICRON IX, INC. - Laguna Niguel, CA Programming, Spaceplanning and Interior Design 15,000 sq.ft. sq.ft. sq.ft. sq.ft. NEXUS DEVELOPMENT CORPORATION - Newport Tenant PrePlanning and Marketing Aids PANEL CONCEPTS CORPORATE HEADQUARTERS - Programming, Spaceplanning and Interior Beach, CA Santa Ana, CA Design 12,000 sq.ft. P AND"M MANUFACTURING CORPORATE OFFICES - Oceanside, CA Interior Design 15,000 sq.ft. RODI, POLLOCK, PETTKER, GAUBRAITH AND PHILLIPS - Los Angeles., Remodel Existing Offices 7,000 sq.ft. THEODORE' ROBINS FORD - Costa Mesa, CA Remodel All Offices, Showrooms and Exterior . TODD, HuGHES'AND MEREN, INC. - Irvine, CA Remodel Existing Interior 4,000 sq.ft. CA' UNISYS - Mission Viejo, CA Remodel of Lobby, Aud.io Visual Area and Staff Areas 15,000 sq.ft. UNITED RESOURCES, INC. - Santa Aha, CA Spaceplanning and Interior Design 24,000 sq.ft. CLIENT LIST 1979 - PRESENT CORPORATE OFFICES Including City~ County, State and Industrial YORBA HILLS FIRE_STATION - Yorba Linda, Interior Design 3,000 sq.ft. ZIMVIERMAN HOLDINGS, INC. - San Marino, Remodel Existing Offices 3,500 sq.ft. CA CA FINANCIAL INSTITUTIONS AMERICAN INTERSTATE BANK Newport Beach, CA Prograrrrning, Spaceplanning and Interior Design 10,000 sq.ft. CALIFORNIA CANADIAN BANK - Newport Beach, CA Spacep'lanning and Interior Design 7,500 sq.ft. CALIFORNIA FIRST BANK Spaceplanning and tnter-ior - Westminister, CA Design 4,500 sq.ft. COLUMBIA SAVINGS AND LOAN - Spaceplanning and Interior COLUMBIA SAVINGS AND LOAN Spaceplanning and Interior DO/VNEY SAVINGS AND LOAN AND CORPORATE OFFICES Programming, LONG BEACH BRANCH - Design 4,500 sq.ft. Long Beach ,CA - TORRANCE BRANCH - Torrance, CA Design 6,000 sq.ft. COSTA MESA BRANCH - Costa Mesa, CA Spaceplanning and Interior Design 100,000 sq.ft. ~EY SAVINGS AND LOAN - DOWNEY BRANCH - Downey, CA Spaceplanning and Interior Design 7,000 sq.ft. NEWPORT'BALBOA SAVINGS AND LOAN - Newport Beach, CA Spaceplanning and Interior Design 7,000 sq.ft. CLIENT LIST 1979 - PRESENT MEDICAL FACILITIES GREATER BAKERSFIELD MEMORIAL HOSPITAL - Bakersfield, CA Interior Design of Patient Areas 200,000 sq.ft. Including: Cardiac Care Unit, Intensive Care Unit, Labor and Delivery (ABC), Nurseries, Patient Rooms, Radiology and Surgery Remodel of Existing Lobby, Gift Shop and Building Entry 25,000 sq.ft. HOAG HOSPITAL CANCER CENTER - Newport Beach, CA Interior Design of New Facility 66,000 sq.ft. KAISER PERMANENTE CANCER CENTER - Los Angeles, CA Spaceplanning, Interior Design and Artwork Program 100,000 sq.¢t. MEMORIAL MEDICAL CENTER OF LONG BEACH - Long Beach, CA Remodel Patient Tower and Administrative Offices 150,000 sq.ft. MILLS MEMORIAL HOSPITAL, San Jose, CA Remodel Cafeteria and Radiology Areas MISSION VlEJO MEDICAL CENTER - Mission Viejo, CA Interior Design and Graphics Program 50,000 sq.ft. SHRINERS HOSPITAL FOR CRIPPLED CHILDREN Programming, Spaceplanning and Interior ,._ TUSTIN CCA/IVIUNITY HOSPITAL - Tustin, CA Renovation Consultation 40,000 sq.ft. - Shreveport, Louisiana Design 100,000 sq.ft. RESTAURANTS AND HOTELS INN AT THE PARK - Anaheim, CA Interior Design of Meeting Rooms NEWPORTER INN - Newport Beach, CA .Renovation of the Following Areas: The Bistro Cafe, The Palm Restaurant, Meeting Rooms, Guest Rooms, Ballroom Main Lobby, Description of Firm We are a graphic design firm specializing in corporate identity programs, brochures and architectural signing programs. Kaminski Kaneko Design is a corporation, founded in 1978 by Marian Kaneko and is certified as a WBE business. We currently have a staff of five senior designers with an average of twelve years professional experience each. We recently purchased our own building in West Los Angeles, and have an associate office in Jakarta, Indonesia. Team Structure Our design team is typically comprised of one principal, a senior planner, a designer and one other senior person to supervise and produce the contract documents and technical specifications. The day to day manage- ment is controlled by the principal in charge. The project schedule is generally based on the architectural schedule, our four phase program coincides with typical architectural phases. Cost and Budget' The cost of fabrication has several variables, choice of materials, process, etc., all of which greatly affect the final cost of a project. Our phase 1 analysis will provide a preliminary budget for the project. After decisions are made by the client concerning materials and various other items, we develop a final budget. Upon completion of the contract documents, we will assist you in bidding the project to several regional fabricators. Design fees are controlled by hours allocated for each task in each phase of the project. We provide an itemized fee schedule for every project. Our fees are based on a not to exceed budget. In the last four years, we have never exceeded a project fee. If the scope of the project changes or additions are required, we will issue an addendum for approval prior to proceeding with work requested. A principal of the firm is always the client liaison. Design Philosophy As graphic designers it has always been our objective teenhance a project visually as well as functionally. The ultimate goal of a signing program is to efficiently direct the users through the project. Our signing programs are fully integrated with the architecture using materials and forms that not only preserve but enhance the design intent of the architect, while fulfilling all code requirements. Michael Kaminski Partner Kaminski Kaneko Design Michael Kaminski is a partner in the firm of Kaminski Kaneko Design, Inc. Since 1985 the firm has grown to include such major clients as Metropolitan Structures, Howard Hughes Properties and First Interstate Bank. KKD has completed several projects in the Far East. and is currently designing the corporate identity program for Bank Internasional Indonesia. Prior to KKD Mr Kaminski was the Executive Directoi for Follis Design in Los Angeles where he directed a staff of 25 employees on such projects as Getty Plaza, Santa Clara Convention Center and Newport Center.. In 1979 Mr Kaminski was a founding member of GN Associates. During his four years with GN, he designed signing and graphics programs for several major mixed-use projects including Minneapolis City Center, Louisville Galleria and Town Square, St Paul. Mr Kaminski was the Director of Graphic Design for several years for Skidmore Owings & Merrill in New York. While at SC)M, he developed art programs for IBM, Chase Manhattan Bank and Manufacturers Hanover Trust. His major projects with SC)M include the IBM Headquarters, the Chase Manhattan Standards Program and the New Jeddah International Airport. Professional Experience: 1985 to present Kaminski Kaneko Design 1983 - 1985 Follis Design, Executive Director 1979 - 1983 GN Associates, Vice President 1975 - 1979 SOM, Director of Graphic Design 1970 - 1975 MJA, Art Director Affiliations and Awards: 1989 1987 1985 National Endowment for the Arts, Selection Committee Industrial Design Awards, Selection Committee Art Directors' Club of Los Angeles, Award Education: 1970 Pratt Institute, New York City. B.F.A. Architectural Signing and Graphics: Scope of services Phase I' Analysis and preliminary design: . 2. 3. 4. 5. 6. 7. Analysis of project signing requirements. Survey project site conditions. Review architect's plans. Review functional requiremehts with client. Review code requirements for signing, Develop preliminary graphic schedule. Pre.sent preliminary designs and schedule for approval. Phase I1: Final design: . 2. 3. 4. Develop final designs approved in Phase I. Develop type styles, color schemes and materials. Present designs to client for approval. Determine final copy with client. Phase I!1' Contract documents: Provide complete working drawings for all signing. Provide technical specifications for all materials. Provide graphic schedule and location plans. Provide bidder's list. Review project requirements with bidders. Phase IV: Su~3ervision: . 2. 3. 4. 5. Review and approve the fabricator's shop drawings. Review color and material samples. Review work in fabricator's shop. Inspect installation at project site. Prepare punch list and review project with client. Current Projects and References California Plaza, Phase II, Los Angeles, CA Office Tower, four levels of parking, retail area Client: Arthur Erickson Architects Reference: Susan Oakley, 213 278-1915 First Interstate Bank, Los Angeles, CA Interior signing system for all California branches Client: Corporate Facilities Division, First Interstate Reference: Jeffrey Luney, 213 580-6381 Pacific Gardens Hotel, Santa Monica, CA Luxury retirement hotel Client: Century West Development Reference: Kevin McCabe, 213 458-1~31 Bank Internasionai Indonesia Largest commercial bank in Indonesia Client: Califa Prat~ma Reference: Mr Widyanto Trillium, Woodland Hills, CA Two office towers, seven level parking structure, retail area Client: Kravetz Terheggan Partners Reference: Norman Kravetz, 818 716-2000 California Fried Chicken, Jakarta, Hong Kong Fifty fast food restaurants throughout the Far East Client: Dharmala Group Reference: Mr Gondokusumo Palisades Promenade, Santa Monica, CA Office building, retail area, restaurant Client: Century West Development Reference: Harry Mow, 213 458-1631 Howard Hughes Center, Los Angeles, CA 70 acres of mixed use development Client: Howard Hughes Properties Reference: Bob Morrison, 213 417-'5330 Representative project list: Architectural Signing programs Anaconda Tower, Denver, CO Bank of Montreal, New York, NY Brentwood Bar & Grill, Los Angeles, CA California Plaza, Phase II, Los Angeles, CA Chase Manhattan Bank, New York, NY Chase plaza, Jakarta, Indonesia First Interstate Bank, Los Angeles, CA Getty Plaza, Universal City, CA Good Samaritan Hospital, Los Angeles, CA Howard Hughes Center, Los Angeles, CA IBM Headquarters, Armonk, NY Louisville Galleria, Louisville, KY Mattel Toy Corporation, Hawthorne, CA Nautical Inr~, Lake Havasu, AZ New Jeddah Int'l Airport, Saudi Arabia Northrop Plaza, Century City, CA Orange County Intake/Release Center, CA Pacific Gardens Retirement Hotel, Santa Monica, CA Palisades Promenade' Santa Mc~nica, CA Playa Vista, Howard Hughes Properties, CA Pt Duta Anggada, Jakarta, Indonesia - Santa Clara Convention Center, Santa Clara, CA Town Square, St Paul, MN Trillium, Woodland Hills, CA Westwood Place, Los Angeles, CA z 0 n"~ Z Q ,,=,:~ o ~ ~ 0 -- z Z ~ Z I.U Z I:1. 0 LI 0:: rr z O~ 0 (9 co Id6 Inforior I')n.-.k]n i i z ~<'a -- =r ~' ~=~ ~-' ~ ~ ~_ 0 ~'"i"~ o o~ ~ . ~=~ = '. ~ ~J ~ ~ --~.: , , .'-.::::.::.:::. ::::::.::: ..:.;::- ::: :",:-:: :::: :,.:: .....,..... ....., :::.,,. :,:.,', :,::: '=j': ..:...' 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'~" :~'-'" ' " ' -d' ;" ' :'--'"" ' :/';,-'-~..... .?,".'.."";.-:; -- - , . , .'~ -, .., -- .. . .-. -~-~ . ~ . .. ~ ,~:.,:~ :,-'.: . ~ -, ,o .~::~.:..,, ., , ~.::: :. · . . ~ ~ . . : ~ . · .... -. ~ ~ ~ ~ ', . ~l~ ~ ~ ~ ~ 0 ~ ~ '. ..,·: ,, . ~ S]]J : ,. ~ · (.:· . '~,.v. - ..:,, ~::. . :.~m .:-:' ..~ ~ .... :;~:~'.,~,~, ~' ~1~ ,' ~ '-" ' ~'/" %?. '.~"- '-- ~ '~::. ~,.,~. ~--~ :' ~;-:.'~ ~ . . . -. S~ NOI~O ~ :;' ~: ~'"':~" ""': ~ .... : ' '" , ,. - ~ .. ~' ... · . · ,. ~, ... :. ~ = .. , .. .:'.::::. ;...: .: ~ ~ ~ '"' .... : :.' ~a ~ ~ ~ · :.'... '-"- Z * Reel Grobman Reel/Grobman & Associates 3720 South Shsan Street Santa Ana, California 92704 (714) 850-9996 Santa Ana, Los Angeles San Francisco, San Jose September 27, 1989 Ms. Christine A. Shingleton Director of Community Development Tustin Civic Center Project 300 Centennial Way Tustin, CA 92680 Dear Christine: Laura McCants has invited Reel/Grobman and Associates to support her firm on your City Hall, Police Station, Council Chambers, and Community Center expansion project. In this capacity, we would furnish design and drawing services, as required, to supplement Laura's work. Laura McCants Interior Design & Planning would be the prime contractor. Reel/Grobman and Associates has been established for eighteen years, has four offices including the Santa Ana office, and has an excellent commercial interior design reputation. We have been ranked nationally in the top fi~teendesign firms byInteriorDesignMagazine for thepast ten years. We have a local staff of thirty and 'are currently selecting finishes and furniture for the City of Orange's new 60,000 square foot police station. If Laura is selected, we promise to perform our services in a professional and timely manner. Very truly yours, ' ' Chief Operat~ Officer CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and entered into by and between the CITY OF TUSTI'N (herein "City corporation and T.AU~ MCCA~TS "Contractor"). The parties hereto agree as follows' "), a municipal (tlerei n 1.0 SERVICES OF CONTRACT.OR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder, contractor warrants that all services will · be performed in a competent, professional, and satisfactory manner in accordance with the standard.~ prevalent in 1;he industry. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid which shall be incor, porated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of Such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Tustin and any Federal, State or local governmental agency of competent jurisdiction. --1- , . 1.4 Licenses and P' ts. Contractor shall obtain its sole cost and expense such licenses, permits and appro'vals as'may be required by law for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that (a) he has.thoroughly investigated and considered the work to be performed, (b) he has investigated the site of the .work and fully acquainted himself with the--COnditions-there existing, (c) he has carefully considered how the work should be performed, and (d) he fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover a.ny latent or unknown conditions materially differing from those inherent in the work or as represented by the City, he shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer, provided that Contractor shall not be required to --2-- perform any addit~ 1 services without compensat~ Any addition in compensation not exceeding ten percent (10%) of the Contract sum may be approved by the Contract Officer. Any greater increase must be approved by the City Manager. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in .the "Special Requirefnents" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibi% "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. · , 2.0 COMPENSATION . 2.1 For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $61,30S (herein "Contract Sum"). The method of compensation may include a lump sum payment · upon completion, pa. yment i~_acc~rdance with the percentage of completion of the services, payment for time and materials based upon the Contractor's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). Compensation may include reimbursement for .actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and i~surance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "C"). -3- 2.2 Method of Pa. it. Any month in which Contr, r wishes to receive payment, no later than the first (1st) working day of such mont~h, Contractor shall submit to the City in the form approved by tile City's Director of Finance, an invoice for services rendered prior to the date of the invoice. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of said month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "D") for performance of the services rendered to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or neglig~ence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of the Government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency, and unusually severe weather if the Contractor shall within ten (10) days of the commencement of such delay notify the --4-- Contracting Officer all ascertain the facts and t[, xtent of delay, and extend the time for performing the services for the period of the enf°rced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.5 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor: The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized' to act in its behalf wi th respect to the work specified herein and make all decisions in connection therewith: LAURA MCCANTS 327 CARROLL PARK EAST LONG BEACH, CALIFORNIA 90814-2212 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing pr..incipals were a. substantia-1 inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities, of Contractor and' devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor wi.thout the express .written approval of City. -5- ., 4.2 Contract Offic, The Contract Officer shall be h person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that tile Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer 'any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City.. required, hereunder.shall mean the approval of the Contract Officer. 4.3 Prohibition A.~ainst Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Ther~efore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest here.in may be assigned or transferred, voluntarily or by operation of law, without'.~he prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall h'ave any control over the manner, mode or means by which Contractor, its agents or employees, ~o_e_.rfo_r.m the services required herein, except, as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time. or in any manner represent that it or any of its agents or employees are agents or employees of Ci 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Ins~,rance. ~and maintain, at its cost, and submit concurrently with its execution ' A reement, public -6-- liability and pro~ '~ damage insurance aga~ against persons or damages t~ng from Contractor's acts or omissio~or related to Contractor's performance under this A rt. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' .Compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancellable without thirty (30) days' written notice of proposed cancellation to City. A certificate evidencing the foregoing and naming the City as an additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance of the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. The amo~ required hereunder Shall' include compr~al liability, personal -- ~ injury and automob~th limits of at least $1,000,000 combined si_n~~urren~e and_professional liabilil;y coverage with limits 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal.c'osts and attorneys' fees, for inju..ry to or death of pQrson(s), for damage to property (including property owned by the City) ,- . and for errors and omi ssions committed by Contractor, its officers, employees and agents, arising out of or related to Contractor's performance under this Agreement, except for such loss as may be caused by City's own negligence or that of its officers or employees. · , 5.3 Perf___~ormanc~ _~ , Concurrently wi~h executi' ,f this. ~, Contractor shall deliver to City a performance bond in the~ul, of.t_he amount of this Agreement, in the form pr. ovided~ity_Clerk~ which secures the faithful performance of thi~~t,_~nless s. uch .requi~ellent is waived by the Contract. Offi~~ri%e_bond sh_ali contain the.ori_g_inal notarized signature of a.n_~~~ o~ized officer of_ ~h~ surety ?d ~affixed thereto shall beatified a.nd current cop_y of his _power _of attorney. The bond s~main in force during th_e entire term of_the Agre_e,le~t- ~d S h~~~ l ie ril~da nV~ i c do n ~ilt~o ~~o ~hlh ~~ n-AtgrraeC~tl~L t irOmp tly and fai thfu 1 1 y 6.0 RECORDS AND REPORTS . 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement end enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at .all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership. of Documepts. All drawings, spec~fications, reports, records, documents and other materials prepared by Contractor in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract 0fficer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. shall have an un ;ricted right, to use the conceF ~.mbodied therein. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with ~ , the laws of the,State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party~ shall__~.otify the injuring party in writing of its . contentions.by submitting a claim therefor. The injured Party shall continue performing its obligations hereunder so long as the injuring party cures any default within ninety (90) days after service of the notice, or if the cure of the default is commenced within thirty. (30). days after- service of said notice and is cured within a reasonable time after commencement; provided that if the default is an immediate danger to the heal%h, safety and general welfare, the Ci%y may take immediate action under Sec%ion 7.5. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. -9- 7.3 Waiver. No de' or omission in the exercise os qy right or remedy of a nondefaulting party on any default shall impair such ri§ht or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent tO or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declar, ed to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preciude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to' compel s~ecific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.6 Liquidated Damages. Since the determination of actual damage~ delay in performance of this Agreement would be extrem~ifficult or impractical to determine in the event of~of this Agreement~ the Contractor and its sureties shall~le for- an_d' shall_ pay _to the City_ the sum of $ m_ ~l~i~uidated damages for each working day of delay in the perfo~f any servi~,e,,[equired hereunder,_ as s!ec!fied in the Schedu~rformance (Exhibit_"D"). ihe City may_withhold from any mo~~a~lLt~,.~ ,,.-,~ ~ d~~l:~,,,~s~_ of services performed by the Contractor any ......... -10- - 7.7 Termination .Pr .t© Expiration of Term. l-Th'e 'C'; reserves the right to terminate this Agreement at any time, with or without cause, upon thirty {30} days' written notice to Contractor, except that where termination is due to the fault of the Contractor and constitutes an immediate danger to · the health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, C°ntr'actor shall "'immedi-ately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance wi th the Schedule of Compensation {Exhibit "C") or such as may be approved by the Contract Of fi cer. 7.8 Termination for Default of Contractor. If termination is due to the o failure of the Contractor to fulfill its obligations'under this Agreement, City may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent tt~at the total cost for completion of tire services required hereunder exceeds the compensation herein stipulated {provided that the City shall use reasonable efforts to mi ti gte such damages), and City may withhold any payments to the Contractor for tile purpose of setoff or partial payment of the amounts owed the City as previously stated. i . 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. -11- 8.0 CITY OFFICERS AND OYEES; NON DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the. City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects Ilis personal interest or the interest of any · , corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State 'statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and · for itself, its heirs, executors, assigns, and all persons claiming under or through th'em, that-~-h'ere'' shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ., insure that applicants are emplOyed and that employees are treated during · employment without regard to their race, color, creed, religion, sex, . marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVI~-~NS 9.1 Notice. Any no~ice, demand, request, consent, apvroval, communication either party desires or is required to g~ve to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated in forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 Attention: Contract Officer Christine Shingleton, Director of Community Development TO CONTRACTOR: LAURA MCCANTS 327 CARROLL PARK EAST LONG BEACH, CALIFORNIA 90814-2212 9.2 Inte~.rated Agreement. This Agreement contains.all of the agreements $ of the parties and cannot be amended or modified except by written agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. . '-13- 9.4 Severabilit¥. 'n the event that any one or 'e 'of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a'valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or.. sections o~f~.~th~..s Agre_ement which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreelnent- the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of the dates stated below. CiTY OF TUSTIN DATED' City Manager, City of Tustin CONSULTANT DATED' Laura",McCants APPROVED AS TO FORM' JAMES G. ROURKE Attorney -14- EXHIBIT "A" SCOPE OF SERVICES i · See Sections I, II and III of attached memorandum from Laura McCants dated October 6, 1989. EXHIBIT "B" SPECIAL REQUIREMENTS · · · · Whenever ~ity of Tustin is noted in the Agreement it shall mean the Tustin Community Redevelopment Agency and whenever City Manager is noted it shall mean the Executive Director of the Agency. City hereby waives Section 5.3 "Performance Bond" requirements in Agreement. City hereby deletes the first and last sentence of Section 7.6 "Liquidated Damages".requirements in Agreement. City hereby waives Section 5.'1 "Insurance" requirements in Agreement. Pursuant to Section 4.3 of the Agreement, the City hereby approves Reel Grabman and Associates for subcontract design work and Kaminsky Kaneko for graphic design and signage and M. Randall Mytor for rendering services. EXHIBIT "C" SCHEDULE OF COMPENSATION · · · · Payment for services shall be made to contractor on a rate not to exceed the maximum rates by percentage of permitted billing by project phase and total maximum project fee contained in Sections IV, V, VI, and VII of the memorandum (see Exhibit A) dated October 6, 1989 from Laura McCants. In the event that additional services are desired by the City as noted on Section III of the memorandum from Laura McCants dated October 6, 1989 (Exhibit A) in excess of the maximum contract amount identified in Item No. 1, said services and maximum fee for said services shall require prior written approval of the Executive Director. In submitting payment requests, Contractor shall not only provide information on payment requested but also on the amount of remaining phase or contract maximum billing. If serVices are not completed by July, 1992, through no fault of Designer, the hourly compensation rates set forth in Exhibit A shall be adjusted based on written agreement of both parties. The maximum contract amount shall also be adjusted to reflect increased hourly rates subject to written agreement of both parties. EXHIBIT "D" SCHEDULE OF PERFORMANCE q · Services shall be performed within the time frames contained in Schedule VI of the attached memorandum from Laura McCants dated October 6, 1989 (Exhibit A) unless otherwise agreed to in writing by the Contract Officer. .The time scheduling of additional services shall be agreed to in writing prior to authorization to proceed. October 6, 1989 Christine A. Shingleton Director of Community Development City of Tustin 300 Centennial Way Tustin, CA 92680 RE- TUSTIN CIVIC CENTER RENOVATION L..XL! R.-X :XlC UA.NTS PROPOSAL FOR INTERIOR DESIGN SERVICES · I. SCOPE OF SERVICES Scope of services as stated in Phases 1 through 4 applies to all areas within the interior of the bui Idin9 and patios, approximately 63,000 sq.ft. Including City Hall 29,721; Police Facility 21,896; Council Chambers & Community Center 11,299. I I.. BASIC SERVICES. PHASE 1 DESIGN AND PROGRAM ANALYSIS / SPACEPLANNING 1. Consult with Agency staff to determine budget constraints and review alternatives available to keep costs down (i.e. retrofit vs. new). 2. Review work of Architect, specifically floor plans for space and function utilization with Agency staff. 3. Revise space plans, as required. 1 Space plan & 2 Revi-~ions per department. 4. Prepare office and workstation standards. 5. Analyze projected requirements for furniture, 'equipment and function. 6. Coordinate in reviewing alternative concept for colors and materials with Agency staff and Architect. 7. Establish standard furniture budget estimates. 8. Prepare final furniture location plan. October 6, 1989 Tustin Civic Center Page 2 PHASE 2 DESIGN DEVELOPMENT · · Develop General Interior Design for project· Prepar.e design presentation boards including: Door and Frame Selections Cabinetry Finish Selections 'Ceramic Tile Selections Floor Covering Selections Wallcoveri.ng and Paint Selecti.ons Windowcovering Selections Furniture and Accessory Selections Review Architect's plans and specifications to ensure consistency with Approved Design concept (including such coordination items as number and placement of electrical circuits, switch plates, appropriate lighting, etc.) PHASE 3 SPECIFICATION OF FINISHES AND FURNITURE 1. Prepare specifications for all furniture and finishes--.(.not'-Architect's responsibility). Items to be'included: Door and Frame Finish Selections Cabinetry Finish Selections Ceramic Tile & Restroom Finish Selections Floorcovering Selections Windowcovering Selections Furniture and Accessory Selections 2. Submit anticipated time schedule for del'ivery installation. 3. Prepare Bid Documents. 4. Assist Agency in review and selection of bids. and PHASE 4 CONSTRUCTION AND INSTALLATION 1. Review shop drawings and samples for approval. 2. Conduct periodic inspections during construction and installations. 3. Make alternate selections as needed to meet move in schedule. October 6, 1989 Tustin Civic Center Page 3 I I I. ADDITIONAL SERVICES IV. At the request of the Agency staff the Designer shall provide or assist in obtaining services such' as the followi.ng: 1,, Graphic design for directional or identification signage. 2. Artwork selection and super, vi. sion of artwork installation and/or purchase. 3. Models.or renderings. 4. Security devices and hardware. 5. Any work not listed above, 6. Overtime work as requested by client. CHANGE ORDERS V . Should changes in the approved design be requested by the Agency staff, the necessary revisions, will be made only when accompanied by a written request and wi.I I be bi I&e.d &s an Additional Service. o REIMBURSABLE EXPENSES Re Ba in in ex 1. , imbursable expenses are in addition to the fee for sic Services and Additional Services and they clude all actual expenditures made by the Designer the interest of the project for the following penses: Expense outside Expense Travel of long distance telephone calls the L.A. and Orange County calling area. of messenger services. expenses outside of 'L.A.~& Orange County area. 4. Reproduction and 5. Parking expenses. 6. Postage. photography. October 6, 1989 Tustin Civic Center Page 4 VI. FEES AND SCHEDULE OF CCZvlPLETION For Basic Services as compensation shall ~e billed maximum not to exceed fee of Phase Percent of Total described in Pdases 1-4, hour ly against a $6 1,3O5. Completion Fee Schedule Phase 1 30% $17,205 1/90 Phase 2 30% $18,900 3/90 (I) Phase 3 30% $1'8,900 6/90 (I) Phase 4 10% $ 6,300 6/91 (I) 4/90 5/91 7/92 For'Additional Services, as described in I I I, Additional Services, compensation shall be billed at the standard hourly rate; , Standard Hourly Rate Schedule Principal/Project Manager $65.00 per' hour Drafting $45.00 ~er hour Renderings $350.00 - $600.00 (~) VI I. COMPENSATION Designer shall invoice the Agency monthly based on hobrs spent in that month plus reimbursable expenses. If any invoice is in question, Designer expects written inquiry as to its validity .or clarification within 10 days of receipt of i'nvoice. Designer expects paymen.t ~ithin 30 days of receipt of invoice. GENERAL PROVISIONS 1. If the sc services compensat 2. If the se not been fault of -rates ope of the project or the Designer's is changed materially, the amounts of ion shall be e~uitabally adjusted. rvices covered by this Agreement have completed by July, 1992, through no the Designer, the amounts of compensation, ~-e"t ~'orth, shall be equitabal ly adjusted.' OctOber 6, 1989 Tustin Civic Center Page 5 VIII. GENERAL PROVISIONS (CONTINUED) · · · · · In the event that the Designer requires the services ( to complete the project in a timely manner or due to illness or circumstances beyond Designer's control ) the 'Designer shall engage the services of Reel Grobman & Associates, Santa Ana, to assist in completing the project. The Designer shall be responsible for directing their work and compensating them for their work under the terms and conditions of this Agreement. It is mutually understood that the Designer's services and obligations are limited in scope to those items li'sted and that the Designer in no way assumes responsibility for: Work as designed or specifi'ed by ok'he.rs not~ listed in this contract. Failure of others to meet commitments and deadlines. Performance or workmanship of contractors, work- rooms and other tra~e sources· Should the Agency at-anytime decide to termi, nate Designer's services, abandon all or any part of the project, or defer the project for more than 60 days, Designer shall be paid for all services and reimbursable expenses incurred to the date of notice of termination or abandonement. This Agreement shall be governed by the laws of the State of California and professional services shall be perfOrmed in compliance with applicable laws, governmental agencies and regulation.s, building codes, ordinances and requirements of' governmental authorities having jurisdiction over the project which are in effect at the date of this Agreement. Either party may terminate this Agreement with 30 days written notice. . October 6, 1989 Tustin Oivio Center · Page 6 iX. ACCEPTANCE This Agreement the terms are · is hereby accepted as set agreed to as stated above. forth and ACCEPTED Ad,ID APPROVED CITY OF TUSTIN - TITLE DATE LAURA MCC.ANTS DATE