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HomeMy WebLinkAboutDLR Group by Adrian Cohen - President - 2013-07-01Dept ID CS 16-021 Page 1 of 4 Meeting Date 7/18/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/18/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services Travis K Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No 3 to Agreement with DLR Group for preparation of Plans and Specifications for Senior Center Building in the amount of $32,929, for a total contract amount not to exceed $690,279 and extendina the contract term 3 months Statement of Issue An amendment to the Professional Services Contract with DLR Group is needed to complete additional final tasks associated with completion of the Senior Center in Central Park Financial Impact Funds in the amount of $32,929 are available in the project account, 31987001 82200 Recommended Action Authorize the Mayor and the City Clerk to execute "Amendment No 3 to Agreement Between The City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" increasing the contract amount by $32,929 and extending the term to October 31, 2016 Alternative Action(s) Do not approve Amendment No 3 and advise staff accordingly Analysis At the July 5, 2016 City Council Meeting, Council staff requested approval of Amendment No 3 to the professional services contract with DLR Group for Completion of Plans and Specifications for the Senior Center in Central Park Due to questions regarding the overall contract amount and the process followed for prior amendments, Council directed staff to continue the item The following summary is in response to the questions from Council In 2009, a decision was made to halt the senior center project due to legal challenges At the time, the initial EIR for the project was complete and plans and specifications for the projects were being prepared under the terms of an Owner Participation Agreement (OPA) with MAKAR Properties MAKAR was to construct the facility and complete all improvements to satisfy park fee obligations for the Pacific City project which they were the owners and developers of at that time Plans and specifications for the project were prepared by the firm KKE and were approximately 75 percent complete when the decision was made to stop moving forward with the Senior Center project due to various legal challenges HB -331- Item 17• - 1 Dept ID CS 16-021 Page 2 of 4 Meeting Date 7/18/2016 As directed by the legal process, the City completed a Subsequent EIR, (SEIR No 07-002) This EIR was approved by Council on April 16, 2012 Also during this period, MAKAR properties sold the Pacific City site, and on August 23, 2012 City Council terminated the existing OPA, releasing MAKAR of their responsibility to develop and pay for the Senior Center project In 2013, while the Senior Center project was in the process of going through a second legal challenge, staff was directed to place an item on the Capital Improvement Project List (CIP) This item directed staff to work with the project architect to review and update the project plans to reflect the current building codes to get an updated cost to complete the Senior Center project At that time, no decision was made to move beyond updating the plans because the outcome of the legal challenge was unknown and no funding source for the project For that reason, the project moved forward with an incremental process, requiring multiple contract amendments over time The firm of KKE was the original architect of record working with MAKAR However, KKE merged with DLR Group, who then became the owners of the architectural plans For that reason, staff requested and received approval of a Sole Source Justification to contract with DLR, since it would be more cost effective than having a different firm completely re -start the design and engineering for the project As part of the original scope to update the plans to current building codes and completing engineering and design not completed by KKE, DLR brought the plans to 90 percent completion In anticipation of a positive outcome on the legal challenges and since the project had received the required entitlements, staff was directed to finalize the plans for bid and to have a "shovel ready" project should funding become available This direction necessitated a scope change from DLR to bring the plans and specifications to 100 percent completion Preparing the plans and specifications for bid was not included in the original contract Additional services also required included the completion of the interior design and furniture selection, methane barrier coordination and CALgreen Commissioning In an effort to maintain project continuity, interior design services were added to DLR's scope The DLR team had interior designers on staff, and was familiar with the project As a result of the delay in the project from 2009, new requirements needed to be added to the scope of work Additional testing was required to make a final determination on the need to include a methane barrier as part of the project requirements Originally, it was determined a barrier would not be required Due to regulatory changes, additional soil testing and analysis was needed to verify that determination In addition, CALgreen Commissioning, which is covered under the California Green Building Code, was updated since the time the original plans were completed Commissioning under the code now required a third party to review mechanical plans and conduct functional testing (Commissioning) of a buildings energy systems including HVAC, hot water, lighting and irrigation City Council approved these scope changes as part of Amendment No. 1 on June 16, 2014 On August 18, 2014, Council authorized the solicitations of bids for the project Due to the favorable outcome of the bid amounts and with a funding source in place, Council awarded a construction contract to Icon West, Inc to construct the facility At the time, Council also approved Amendment No. 2 to the DLR contract, adding construction support services for the project Utilizing the services of a project architect to provide general interpretation of plans and clarification with the contractor is a common industry practice Through the construction process, the architect of record interprets plans, reviews shop drawings and conducts field inspections to insure that all aspects of the project are constructed per the approved plans DLR provided this support during the 18-month construction period which included over 50 site visits In addition to construction support, the completion of record drawings ("As -Built Plans") was also included in DLR's scope under Amendment No 2 Item 17. - 2 xB -31-32- Dept ID CS 16-021 Page 3 of 4 Meeting Date 7/18/2016 Staff is requesting approval of Amendment No. 3 to the DLR contract for additional landscape, architectural and mechanical design services The originally approved landscape design for the parking lot had to be modified in order to accommodate Fire Department access Landscape islands had to be redesigned to allow for proper clearance and turning radii for fire vehicles Architectural changes were made due to the need for an additional server room to accommodate the low voltage and data needs for the building Modifications to a parapet wall were also required to screen a satellite TV dish This was not included in the original design since it was anticipated that the facility would have cable TV service, which was cost prohibitive Mechanical service changes to the Energy Management System (EMS) and an update to the electrical drawings to reflect needed revisions to the low -voltage plan and power requirements for the server room Costs for these additional services totals $32,929 Including the amount of Amendment 3, the total cost for architecture and engineering for the project totals $690,279 In most cases, direction would likely have been given to enter into a contract with a design firm to include all phases of a project, including preparation of plans and specifications, bid preparation, construction support and record drawings for a project However, given the unique challenges with the senior center project, a more cautious and incremental approach was taken until it was determined that project was ultimately approved Industry standards for "soft costs" such as architecture and engineering for construction projects is generally estimated at ten percent of the overall project budget With an approved overall budget of $22,624,424 for the project, the total amount of the DLR contract including each amendment is well within that standard Staff is therefore requesting Council approval of Amendment No 3 DLR CONTRACT/AMENDEMENT SUMMARY 7/1/2013: Initial Contract Amount: $206,000: Approved by City Council 7-0 Purpose: Update plans and specifications for project — which was halted in 2009 due to legal challenges Plans were updated to comply with current building codes in order to get updated construction costs to complete the project The previous architect, KKE, was acquired by DLR As part of approval process for DLR contract, staff received an approved Sole Source justification since DLR was the owner of the existing plans Plans were about 75% complete when project was put on hold, and starting the plan and specification process over would have been costly to the City of Huntington Beach 6/16/2014: Amendment No. 1 - Amount: $192,000: Approved by City Council, 6-0-1 (Shaw out of the room) Purpose: Per the scope in the initial 2013 contract, DLR brought the plans to 90% completion Complete plans and specifications to 100% were needed in preparation for bidding the construction portion of the project This amendment added CALgreen Commissioning and Methane Barrier Coordination to the project, which were new requirements Interior design was included as well 11/17/14: Amendment No. 2 - Amount: $259,350: Approved by City Council, 6-0-1 (Harper Absent) Purpose: Prior to entering into the construction phase with Icon West, as is customary, it was necessary to retain DLR for construction support services These services included to responding to RFI's and provide other design direction while the project was under construction 7/5/16: Amendment No 3. - Amount: $32,929: Continued to 7/18/2016 by City Council Purpose: A scope change was needed in order for DLR to make unanticipated landscape design adjustments to accommodate Fire Department accessibility requirements Additional changes required included unanticipated design changes to the EMS system (Energy Management System) HB -3J3- Item 17. - 3 J Dept ID CS 16-021 Page 4 of 4 Meeting Date 7/18/2016 Environmental Status The Senior Center in Central Park project was approved in conformance with SEIR No 07-002 and CUP No 078-039R Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 "Amendment No 3 to Agreement Between The City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" 2 Approved Request for Council Action to approve and authorize the execution of a professional services contract with DLR Group for the completion of plans and specification for a new Senior Center in Central Park dated 7/1/2013 3 Approved Request for Council Action to approve and authorize execution of Amendment No 1 to the Agreement between the City and DLR Group for the preparation of plans and specifications for Senior Center building, and, authorize the appropriation of funds dated 6/16/2014 4 Approved Request for Council Action to approve construction contract to Icon West, Inc, and authorize execution of Amendment No 2 to the agreement with DLR group for construction support services for the new Senior Center project, CC 1473 dated 11/17/2014 Item 17. - 4 xs -334- THINok Boom t 1- a �-s, _ - Vic' u _= Y - w - ..r . 1 .7'. a'L AMENDMENT NO 3 TO AGREEMENT BE'f WEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, her einaftei referred to as "City," and DLR Group, a California corporation, heiemaftei referred to as "Consultant " WHEREAS, City and Consultant ate parties to that certain agreement dated July 1, 2013, entitled "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Semot Center Building," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant are parties to "Amendment No I to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," and City and Consultant are parties to "Amendment No. 2 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," and City and Consultant wish to amend the Original Agreement to reflect the additional work to be pet formed, the additional compensation to be paid, and the extension of the term, NOW, THEREFORE, IT IS AGREED by City and Consultant as follows ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including landscape services, architectural services and mechanical and electucal services as set forth as Exhibit D, attached hereto and rncotporated herein by reference 2 ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, an additional sum not to exceed thirty-two thousand nine RLS 6/9/16/16-5299/137893/MV hundred twenty-nine dollars ($32,929 00) This will increase the total compensation of the Agreement to Six Hundted Ninety Thousand Two Hundred Seventy-nine Dollars ($690,279 00) 3 TERM 2016 The sei vices of Consultant are to be completed no later than October 31, 4 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers �I.!- —, —Z0/,6 CONSULTANT, DLR GROUP By Z CO 1 & 1441 ft print name Stss"Ole NMAM ITS (cncle one) Chanman/President/Vice President By: _ -�&z 0 AP646 5--041U rAl Q pl urt name 15;"M eMmafAL ITS (cn cle one) Secretary/Chief financial Offices/Asst �° Secretary - fieasuiet C1 TY OF HUNTINGTON BEACH, a municipal corporation of the State of California A.�64 Mayor �w a4�v 1�hwdAd City Cl i k INITIATE AND APPROVED QC Q—nnr� Direct t Ommunity SeiviLes REVI W D APPROVED Ci n�'get APPROVED AS y AXrney A\/ RLS 6/9/16/16-5299/137893/MV 2 December 2, 2015 City of Huntington Beach Attn David Dominguez 2000 Main Street Huntington Beach, California 92648 T (714) 685-0185 ext 204 RE Huntington Beach Senior Center — Huntington Beach, California Additional Service 003 Construction Administration Services Project No 75-13765-00 Dear David, DLR Group Architecture Engineering Planning Interiors 117 East Colorado Boulevard Suite 500 Pasadena, CA 91105 o 626/796-8230 f 626/796-8735 We appreciate the opportunity to provide Professional Architectural Services for the City of Huntington Beach Senior Center Project in Huntington Beach, California The terms and conditions of the Master Agreement dated July 3rd, 2013 DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs 1.0 Scope of Services 1 1 Landscape Services 1 1 1 Revise landscape and irrigation for parking lot island correction required by Fire Dept 1 1 2 Remove irrigation reclaimed water connection and convert to domestic water per City comment 1 1 3 Relocate long term bike lockers and add more bike racks in front of building 1 1 4 Adjust trees and walkway width to avoid light poles 1 2 Architectural Services 1 2 1 Revisions to EMS Specification 1 22 Low Voltage review and coordination and new server room (Draft, door hardware, etc ) 1 23 Rooftop equipment screening 1 24 Raising up of parapet wall on north east corner of the building for RTU screening Satellite TV dish mounting 1 25 Access into Concealed attic spaces 1 26 Door Hardware — additional card readers for server room and computer room 1 27 Travel Resource Waiting Room — Privacy doors 1 28 Roof Drain Cleanouts 1 3 Mechanical and Electrical Services 1 31 Revisions to EMS Specification 1 32 Coordination with manufacturer's representative for EMS Specifications revisions 1 33 Review EMS submittals, response based on Owner's comments 1 34 Data Low Voltage drawings designated by Plan Net 1 35 Revise the electrical drawings to include the latest requirements as shown in the low voltage drawings including power for A/V, Data, Security systems, new and revised data outlet locations, speakers, server room electrical requirements 1 36 Review HVAC requirements for new server room and revise mechanical provisions as required Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Houston dlrgroup com Kansas City Las Vegas Lincoln Los Angeles Minneapolis Omaha Orlando Phoenix facebook com/dlrgroup Portland Riverside Sacramento Seattle Tucson Washington, DC Dubai Shanghai twitter com/dlrgroup 2.0 Proposed Fees The professional fee to perform the work outlined in the "Scope of Services" above shall be invoiced as follows Task Description Total 1 1 Landscape Services $ 6,05400 1 2 Architectural Services $ 13,575 00 Mechanical and Electrical Services — EMS $ 4,80000 13 Mechanical and Electrical Services — Low Voltage $ 8,50000 Total We appreciate the opportunity to work with you on this project, and look forward to its success If the above meets with your approval, we can simply adjust the master contract we have in place by this additional amount and scope of work Sincerely, DLR Group Brian Arial, AIA Principal CA License #C27582 P ATTACHMENT #2 ,T 7-. c Dept ID CS 13-010 Page 1 of 3 roEr�7 Meeting Date 7/1/2013 1P0Jod&—b 7 —e> CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/1/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Interim Director of Community Services Travis K. Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of a professional services contract with DLR Group for the completion of plans and specifications for a new Senior Center in Huntington Central Park Statement of Issue As part of the 2012/2013 Capital Improvement Project list, City Council approved funding to complete the construction plans and specifications for a new senior center in Huntington Central Park There is a need for City Council to approve a professional services contract with the architectural firm of DLR Group to finalize the plans and specifications Financial Impact Funding in the amount of $300,000 has been approved as part of the FY 2012/13 budget in account #20945005 82800 In addition a total of $91,565 and $28,500 is available from U.S. Department of Housing and Urban Development (HUD), EDI grant # B06SPCAS0090 and HUD, EDI Grant #B09SPCA0130 respectively. The EDI grant #B06SPCA0090 award was approved by City Council on July 2, 2007, EDI grant #B09SPCA0130 was awarded by HUD on April 26, 2011; however, needs to be accepted by the City Council and appropriated for expenditures. Recommended Action A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building' in Huntington Central Park, and, B) Approve utilizing funding in the amount of $234,000 under HUD, EDI for plans and specifications related to the senior project, and, C) Accept the EDI Grant #B09SPCA00130 award of $142,500 from HUD for preparation for a new Senior Center, and, D) Authorize the appropriation of $142,500 from Grant #B09SPCA00130 for drawdown reimbursement in Fund 994 HUD EDI #130 as follows $28,500 in Account 99445102.69365 (Professional Services) and $114,000 in Account 94945102 82800 (Other Improvements), and, E) Authorize the appropriation of $91,565 from Grant #B06SPCAS0090 for drawdown reimbursement in Fund 994 HUD EDI #90 Account 99445101 69365 (Professional Services) Item 5. - 1 Item 17. - 10 HB _40_ ; Dept ID CS 13-010 Page 2 of 3 Meeting Date 7/1/2013 Alternative Action(s) Do not approve professional services contract and funding sources as requested and direct staff accordingly Analysis On April 16, 2012, City Council approved Conditional Use Permit No 07-039(R), Subsequent Environmental Impact Report — SEIR No 07-002 and General Plan Amendment No 11-004, for the construction of a 37,563 square foot senior center in Central Park The approved location for the facility is within an undeveloped portion of the park immediately west of Goldenwest Street and to the immediate south of the terminus of Talbert Avenue Areas surrounding the facility location include undeveloped parkland and the Shipley Nature Center to the north, developed parkland to the west, the disc golf course and Equestrian Center to the south, and the Sports Complex across Goldenwest Street to the east In 2009, the project was halted due to legal challenges Prior to the challenge, MAKAR Properties was responsible for completing the design and construction of a new senior center under the conditions of an Owner Participation Agreement During that time, staff worked with the architectural and engineering firms under contract with MAKAR Properties for the design of the project Prior to the lawsuit being filed, architectural, civil, and traffic engineering plans were approximately 75% complete However, due to the uncertainty and the time required to go through the legal process, a decision was maae to delay the completion of the construction documents until a decision was reached on the legalities of the project As directed by the court, staff completed a Subsequent Environmental Impact Report (SEIR) to further study potential alternative locations for the senior center On April 9, 2013, the City received a copy of the Minute Order from the Superior Court that the SEIR adequately addressed the issues of the lawsuit and was therefore in compliance with CEQA On April 16, 2012, City Council approved the Subsequent EIR No 07-002 along with General Plan Amendment No 11-004 and Conditional Use Permit No 07-039R In anticipation of a positive ruling from the court, City Council approved a project to complete the plans and specifications for the part of the current fiscal year Capital Improvement Project list Funding in the amount of $300,000 has been budgeted in account #20945005 82800 to complete the plans. Additionally, two Economic Development Initiative grants under HUD have also been received for the project Grant #BOSPCA0090 in the amount of $99,000 was approved by City, Council on July 2, 2007 Only one drawdown in the amount of $7,035 was made prior to the project being halted The funding term for this grant will expire on September 31, 2013, and per federal guidelines cannot be extended Due to the anticipated time needed to complete the construction documents, there may not be enough billable work to receive the entire remaining balance in the grant fund The second grant — Grant #B209SPCA0130 in the amount of $142,500 was awarded by HUD on April 26, 2011 This grant requires acceptance by City Council and for appropriation and expenditure on the project Funding amounts in this grant that can be utilized for this stage of the project are limited to $28,500 Staffs intention is to utilize the grant funding available and have the Park Acquisition and Development Fund provide the balance of the $300,000 project total Since the project has received the required entitlements, completion of the remaining architectural, civil and traffic engineering will make the project as originally approved "shovel ready" once funding for construction becomes available Having a fully entitled and construction ready project will also improve opportunities for additional grants and other funding sources Prior to the delays in the project, the firm under contract with MAKAR Properties, KKE Architects completed design on the project, including construction documents to about 75%. KKE Architects has since been acquired by DLR Group and the construction drawings completed by KKE are now the property of DLR Group Staff is therefore recommending that City Council approve entering into Item 5. - 2 H R -44- HB -341- Item 17. - 11 Dept ID CS 13-010 Page 3 of 3 Meeting Date 7/1/2013 a professional services agreement with DLR Group since they own the base documents and are in a unique position to complete the plans and specifications as originally approved Staff received a proposal Identifying a fee not -to -exceed $206,000 to complete the construction documents and specifications including structural, mechanical, plumbing, and electrical engineering as well as updating the plans to comply with current building codes In addition, FUSCOE Engineering and Linscott, Law and Greenspan (LLG) were also part of the original project team under contract with MAKAR Properties FUSCOE Engineering is the civil engineer of record for the plans and it is therefore recommended that their services once again be obtained to complete the civil plans for the project Staff has received a proposal from FUSCOE Engineering to complete the remaining work on a time and material basis not -to -exceed $48,500 LLG has submitted a proposal to complete traffic engineering for the project including traffic signal modifications at Goldenwest Street and Talbert Avenue A total of $7,500 is needed to finalize this work. Based on the substantial and specialized work that has been completed, there is justification to enter into professional services contracts with each of the three firms A constructability analysis and potential phasing plan will also be part of the process to finalize the plans and specifications for the project Staff has received a proposal from Griffin Structures to perform these tasks in the amount of $28,950 As an added benefit, one of the key project team members that was previously with KKE Architects currently works for Griffin Structures and is therefore very familiar with the project Per Administration Regulation Number 228 (AR228), Professional Service Contracts over $100,000 require the approval of City Council — therefore staff is requesting City Council approval and execution of a Professional Services Contract with DLR Group (Attachment 1) Professional Services Contracts under $50,000, however, may be entered into directly by Department Heads per AR228 Sole Source justifications for each of the firms have also been approved per City policy (Attachments 2 through 4) Environmental Status All environmental requirements for the project were obtained as part of SEIR No 07-002. A Notice of Determination was filed by the County Clerk on April 20, 2013. Strategic Plan Goal Improve the City's infrastructure Attachment(s). 1) Professional Services Contract DLR Group 2) Sole Source Justification — DLR Group 3) Sole Source Justification —Fusco Engineering 4) Sole Source Justification — Linscott Law and Greenspan Engineers T TT AC Item 5. - 3 Item 17. - 12 xB -342- ATTACHMENT #1 Item 5. - 4 N R _or._ HB -343- Item 17. - 13 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and DLR GROUP, a California Corporation, hereinafter referred to as "CONSULTANT" WHEREAS, CITY desires to engage the services of a consultant to prepare plans and specifications for Senior Center building; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows- 1 SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates Brian Arial, AIA Principal, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 13-3772/97364 1 Item 17. - 14 HB -3344- 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence on July 1, 2013 (the "Commencement Date") This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than one hundred eighty (180) days from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in wnting by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein l 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Six Thousand Dollars ($206,000.) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 13-3772/97364 2 HB -345- Item 17. - 15 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "A." 7 DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged, negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 13-3772/97364 3 Item 17. - 16 HB -346- 9 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covenng the work performed by it hereunder This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000 00) per occurrence and in the aggregate The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY A claims -made policy shall be acceptable if the policy further provides that A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) B CONSULTANT shall notify CITY of %circumstances or incidents that might give nse to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims ansmg from work performed in connection with this Agreement 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 affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 13-3772/97364 4 1 HB -347- Item 17. - 17 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall A provide the name and policy number of each carver and policy; B state that the policy is currently in force, and C promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment 13-3772/97364 5 Item 17. - 18 HB -348- compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express, written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereuiabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have 13-3772/97364 6 HB -349- Item 17. - 19 any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail -return receipt requested TO CITY City of Huntington Beach ATTN Director of Community Services 2000 Main Street Huntington Beach, CA 92648 17 CONSENT TO CONSULTANT DLR Group Attn Brian Anal, AIA Principal 117 E Colorado Blvd, Suite 500 Pasadena, CA 91105 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are 13-3772/97364 7 Item 17. - 20 HB -3150- included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it 13-3772/97364 8 HB -351- Item 17. - 21 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT 24 ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 13-3772/97364 0 Item 17. - 22 HB -352- 27 SIGNATORIES 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 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 28 ENTIRETY ' The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29 EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney This Agreement shall expire when terminated as provided herein 13-3772/97364 10 f B -353- Item 17. - 23 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers CONSULTANT, CITY OF HUNTINGTON BEACH, A / a municipal corporation of the State of California M. �Jd.t i G V► CC k e t—' Mayor pnntname ITS' (circle one) Chainna resides ce President AND By City Clerk print name ITS (circle one) Secretary/Chief Financial Officer/Asst INITIATED AND APPROVED Secretary- Treasurer Dir of Community Services REVIEWED AND APPROVED- M. � 13-37?2/97364 Item 17. - 24 City Manager APPROVED AS TO FORM: City Attorney bl',D vl�E It� 11 HB -354- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers CONSULTANT, LM print name ITS (circle one) Chairman/PresidentNice President AND � By prm ame IT'S' (circle d�f Financial Officer/Asst Secretary- Treasurer COUNTERPART ' CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED Director of Community Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM City Attorney NID cAL 1 I.-' 13-3772/97364 11 HB -355- Item 17. - 25 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers CONSULTANT, print name ITS' (circle one) Chairrnan/PresidentfVice President AND print name ITS (circle one) Secretary/ChiefFinancial Officer/Asst Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California An 6"�j Mayor 0 0"JV940 10� - City C1 eriv INITIATED AND APPROVED. Dirtq6l of Community Services REVIE D AND APPROVED. oil CjbAiWager APPROVED AS TO FORM Attorney Dya C0�411.3 6.V/3 l 3-3772/97364 11 Item 17. - 26 HB -3156- EXHIBIT A � DLR Group 117 a colorado blvd suite 500 pasadena,ca 91105 626/796-8230 626/796-8735 www dlrgroup com June 3, 2013 City of Huntington Beach Attn. Debbie DeBow 2000 Main Street Huntington Beach, California 92648 T (714) 685-0185 ext 204 RE Huntington Beach Senior Center — Huntington Beach, California Project No Dear Ms DeBow, We appreciate the opportunity to provide Professional Architectural and Engineer) ng Services for the restart of the Cry of Huntington Beach Senior Center Project in Huntington Beach, California DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs This Proposal is based on the drawings that were originally prepared by KKE Architects in 2007 and our understanding of the project scope KKE Architects merged with DLR Group in 2010 and all rights to the drawings are the property of DLR Group PROJECT The Project is a the completion of drawings for a new one-story 45,290 square foot Senior CommunityCenter on a 5-acre site with 225 parking spaces on grade II. BASIC SCOPE OF SERVICES Phase 100. Project Restart and Coordination DLR Group shall attend preliminary meetings with the City, access all drawings and CADD files from archives, and coordinate the restart of the drawings with original consultants familiar with the project Phase 200: Construction Documents Completion After reviewing the drawings that were completed in 2007 it is our understanding that they are 65-75% complete This proposal is to complete the construction documents based on the original program and requirements set forth by the City of Huntington Beach Since 2007 the codes have changed and the drawings require modifications to address these changes Our understanding is the City will handle the project entilements and process with municipal approvals In addition to these updates the following scope of work will be addressed a DLR will provide structural engineering services for the proposed building b DLR will provide Landscape/Hardscape services for the proposed building site. c DLR will provide Interior Design services for the proposed building d DLR will provide Mechanical, Plumbing, and Electrical Engineering Services for the proposed building, Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai xB -3 5 7- Item 17. - 27 EXHIBIT A Huntington Beach Senior Center Page 2 e Civil engineering services for onsite grading and utility plans, off site Improvement plan, parcel map preparation, etc are to be contracted directly by the Owner and are not a part of these services, other than coordination with the services of the disciplines described above f The automatic fire sprinkler system for this facility shall be engineered by a qualified sprinkler engineering consultant employed by the Owner and is not included in the scope of this Proposal g DLR will coordinate the distribution of the documents, provide interpretation and clarification of drawings and specifications in written form and assist with the review of submitted bids h Meetings to provide value engineering and meetings with contractor beyond what is indicated will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses I Changes made to the contract documents for value engineering will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses Trips to and/or meetings with governing agencies shall generally be as deemed necessary for the purpose of clearing permits for the scope of services described above However, in the event that extraordinary governmental submittals or approvals are required beyond that considered normal for this type of work or in the event that the governing agency approval process becomes Inordinately lengthy, the client will be notified of the circumstances for the purpose of providing relief to the Architect A maximum of four (4) trips (submittal and pick-up plus resubmittal and pick-up) to governing agencies are provided herein Additional trips to governing agencies shall be provided on an hourly basis per the rate schedule Phase 300 Construction Administration and Job Site Visits DLR Group will provide normal administration, coordination and preparation of documents during construction such as field reports and change orders, provide general clarification of plans as required bj the General Contractor, review and process shop drawings, review RFI's and issuance of clarifications, review and process normal substitutions as submitted by the General Contractor and approved by the owner DLR Group will provide site visitation and reporting during the Construction Administration period approximately once per month to a maximum of twelve (12) site visits Included in this number of site visits is the pre - construction meeting and final punch list visit DLR will coordinate with Landscape consultant to provide two (2) site visits, including the pre -construction meeting DLR will coordinate with interior Design consultant to provide three (3) site visits Additional Consultant site visits will be billed as an additional service as needed Travel costs associated with site visits will be billed as a reimbursable III. ADDITIONAL SERVICES The above -described basic services are based on routine applications, which do not require special procedures or the preparation of additional information All plans and other documents will be prepared only once Items of service that are not specified in the Scope shall not be assumed to be Included Should any unforeseen changes in the scope of service arise, the Client will be notified of the circumstances If Additional Services/Changes in Services are required they will be performed as authorized by the Client and provided as additional services The compensation of such additional services maybe established based on a stipulated fee or on a Time & Materials basis The Appendix A provides the hourly labor rates IV. EXCLUSIONS The following items are further excluded from the Scope of this Agreement • Interior design services • Civil Engineering Services, • Value engineering, • Entitlements Pasadena Chicago Colorado Spnngs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 17. - 28 xB -358- Huntington Beach Senior Center EXHIBIT A Page 3 • Meetings with the general contractor to review project other than what was indicated above, • Topographic and boundary surveys, • Soils Report • LEED Certification • Environmental Impact Reports, Traffic Studies, Air Quality Studies, • Tentative maps, parcel maps, final maps, record of surveys, lot line adjustments, • Abatement of contaminated soil or hazardous materials, • Construction management and/or inspection services, • Agency fees for plan/document submittal and reviewing, • All off -site work beyond the immediate property line boundaries of the described project, • Pad certifications, special inspections, materials testing or construction surveys of any type, • Extended or Continuous On -Site project representation during the construction phase V. PROPOSED FEE The following fees are for the Basic Scope of Services and the fee does not include Additional Services Phase 100 Phase 200: Phase 300- Project Restart and Coordination Architectural $6,000 00 Structural $2,500 00 Landscape/Hardscape $2,000 00 MEP NA Total ..................................... $10,500.00 Construction Documents: Architectural Structural landscape/Hardscape MEP Total .......... ..... . $75,000 00 $22,000 00 $28,000 00 $35,000 00 .$173,S00.00 Construction Administration and Site Visits - Time and Material until scope of work is identified Sub Total...................................$184,000.00 10% Contingency ...................... $18,400 00 VII. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's employees and consultants In the interest of the Project By signing this Proposal/Agreement, Client agrees to pay all costs, expenses and disbursements incurred by us with respect to the Project Reimbursable expenses include ground and air transportation, Project specific living expenses, electronic and hard copy reproduction costs, including large format scanning, mailing and shipping, electronic data, additional consultants, permits and fees, renderings, models, and costs of photography, consultant fees not included in the Basic Fees For any Reimbursable Expense, a multiple of one and one tenth (110) times the amount expended by the Architect shall apply. Reimbursable expenses generated by additional services will be Wiled separately Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas Clty Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB -3159- Item 17. - 29 EXHIBIT A Huntington Beach Senior Center Page 4 We appreciate the opportunity to work with you on this project, and look forward to Its success Please sign and return a copy of this proposal if It meets with your approval Upon receipt of the signed proposal, we will prepare a formal agreement based on AIA Documents for your signature Sincerely, DLR Group Accepted Brian Anal, AIA Principal CA License #C-27582 City of Huntington Beach Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 17. - 30 xs 60- EXHIBIT E Huntington Beach Senior Center Page 5 APPENDIX A DLR GROUP STANDARD HOURLY BILLING RATES Senior Expert Discipline Leader Senior Professional Professional Professional Support Technical Clerical Effective January 2013 Subject to Periodic Adjustment $350.00 $225 00 $165.00 $140 00 $110.00 $ 85.00 $ 55.00 Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando ' Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB -3161- Item 17. - 31 CERTIFICATE OF LIABILITY INSURANCE rATE (MWDONYYY) 6/27/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions Of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s) PRODUCER UNICO Group, Inc 4435 O Street Lincoln, NE 68510 CONTACT NAME UNIGO Group, Inc. PHDNE AIC Noi 402-434-7272 E MAIL ADDRESS INSURE S AFFORDING COVERAGE NAIC# INSURER A Charter Oak Fire Insurance Company A+ XV INSURED Pasadena - DLR Group Inc of California 117 East Colorado Blvd , Ste 500 - INSURER B Century SuretyAIX INSURER Pasadena CA 91105 INSURER D Travelers Indemnity Company A+ XV INSURER E Travelers Casualty insurance On Amenca 8+ XV INSURER F c INA - 1CMTIC1^ATC KIHRJIRCG con Cn44 REVISION NUMBER THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR L R OF INSURANCE ALJULTYPE INSR WVD SUER POLICY NUMBER MMro0/YYYI' MWDDPOLIC� LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR 630_9185N623-COF-12 10/1/2012 10/1/2013 EACH OCCURRENCE 6 1,000,00 DAMAGE TO RENTED PREMISES Ea occurrence S 300,000 MED EXP (Any oneperson) S 10,000 PERSONAL 3 ADV INJURY S 1000.000 GENERAL AGGREGATE $ 2.000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG $ 2 OOO,OO 10 $ POLICY 7 PRO LOC A AUTOMOBILE LIABILITY 810-9185N623-COF-12 10/1/2012 10/1/2013 (EO,fA sl E LI s 1,000.00 BODILY INJURY (Per person) y ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS AUTOS BODILY INJURY (Per accident) y rnHIREDAUTOS Pp aE�tAMAGENON•OWNEDr__A_�,Lov S 6 ED AS UMBRELLA LIAR OCCUR n EACH OCCURRENCE S AGGREGATE 5 EXCESS LIAR CLAIMS -MADE ` ^7e1fb6{I DED RETENTIONS S S D E WORKERS COMPENSATIDN AND EMPLOYERS' LIABILITY ANY PROPRIETDR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N I A U&9185N623-12 UB-0161P573-12 CAOn N 10/1/2012 10/1/2013 ATU- DEi+ SIIMITS EL EACH ACCIDENT S 1 000 0O EL DISEASE - EA EMPLOYEE $ 1 0 0 EL DISEASE- POLICY LIMIT S 1,000.00 0 If yes describe under DESCRIPTION OF DPERATIONS below B Architects &Engineers Professional Liability Fr$25 CCP271569-11 10/1/2012 10/1/2013 Each Claim $1,000,000 Aggregate $1,000,000 000 (Each Claim) DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD I01 Additional Remarks Schedule Ir more apace Is mitulred) RE Professional Services Contract, DLR Project #75-13765-001 Certificate Holder & Others (as stated In the contract)are Additional Insureds with respects the operations of the named insured under the Commercial General Liability coverage (CG 2010 1001) and Business Auto coverage (CAT3010299) CERTIFICATE HOLDER CANCELLATION 75-13765-00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Huntington Beach CA 92648-2702 AUTHORIZED REPRESENTATIVE _(1i.. �I 'y` .) 6 ,14�wk L �1�4 f�ItAJL_ LIN Robert L Re noldson © 1988-2010 ACORD CORPORATION An rights rnsnrvou ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD CERT NO 16825211 CLIENT CODE. 3299 (LIN) Maxct Elam 6/27/2013 9 18 07 AM Page 1 of 2 Item 17. - 32 xB -362- AGENCY CUSTOMER ID 3299 LOC # ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY UNICO Group, Inc P, NAMED INSURED Pasadena - DLR Group Inc of California 117 East Colorado Blvd , Ste 500 Pasadena CA 91105 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE ODDITION01_ RFMORKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE Certificate of Liability (05/10 CERTIFICATE HOLDER City of Huntington Beach ADDRESS 2000 Main Street Huntington Beach CA 92648-2702 September 30, 2012 Professional Liability Claims -Made Policy, Retro Date 6-1-86, Defense Is Included In The Limit, Policy Limits Are Aggregated, $25,000 Deductible Each Claim ACORD 101 (2008101) The ACORD name and logo are registered marks of ACORD ATTACHMENT CERT NO 16825211 CLIENT CODE 3299 (LIN) Marc1 Elam 6/27/2013 9 18 07 AM Page 2 of 2 HB -363- Item 17. - 33 COMMERCIAL GENERAL LIABILITY POLICY NUMBER, P-63t)-91 SBN623-COF -12 1 ISSUE DATE June 27, 2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or organization. City of Huntington Beach, its elected or appointed officials, agents, officers, employees & volunteers 2000 Main Street Huntington Beach, CA 92648-2702 RE All Operations of the Named Insured for the Certificate Holder, DLR-Pr6je`ct #75-13765-00 (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement,) A. Section tI - Who Is An Insured is amended to seich work, on the project (other than ser- include as an Insured the person or organization vice, maintenance or repairs) to be per - shown in the Schedule, but only with respect to formed by or on behalf of the additional liability arising out of your ongoing operations per- insureds) at the site of the covered op - formed for that Insured. er8bDns has been completed: or B. With respect to the insurance afforded to these (2) That portion of "your work" out of which additional insureds, the following exclusion is the injury or damage apses has been put added to its Intended use by any person or or- 2. Exclusions ganization other than another contractor or subcoritractor engaged In perfomung This insurance does not apply to "bodily in- operations for a principal as a part of the jury" or "property damage" occurring after- same project (1) All work, including materials parts or equipment furnished in connection with CG 20 10 10 01 ® ISO Propertles Inc, 2000 Page 1 of 1 Item 17. - 34 HB -364- POLICY NUMBER COMMERCIAL AUTO ISSUE DATE - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c of the WHO IS AN INSURED provision 1 No liability is assumed by that person or organi- includes the person or organization indicated below, zation for the payment of any premiums stated in but only for his, her or its liability because of acts or the policy or earned under the policy omissions of an "insured" under paragraphs a or b of 2 In the event of cancellation of the policy, written that provision, subject to the following additional pro- notice of cancellation will be mailed by us to that visions person or organization Person or Organization Address City of Huntington Beach, its elected or appointed officials, agents, officers, employees & volunteers 2000 Main Street Huntington Beach, CA 92648-2702 r RE All Operations of the Named Insured for the Certificate Holder, DLR Project #75-13765-00 � CA T3 0102 99 Page 1 of 1 HB -365- Item 17. - 35 ATTACHMENT #2 Item 17. - 36 xB 66- RECEIVED CITY OF HUNTINGTON BEACH JUN 05 2013 Sole -Source Justification (For use on all goods and services acquisitions ) This justification document consists of two (2) pages All information must be provided and all questions must be answered The "Required Approvals" section must include a date for each signature, as appropriate for the transaction = " „k, - Re uestin De artment Information `}' r f ..A ' Date. June 2 2013 Requestor Name. David Dominguez Division Manager. David Dominguez (Type names Do not sign Department, Community Services Department Head: Janeen Laudenback (Typenames Do not si n Must be same as signature below -- r, 4 - Department Contact -Information Contact Name: David Dominguez Street Address: Telephone: x5309 Fax- 714 374-1654 Shipping Address: Cellular hone Re plied Contact-lnformati6n" ` Contractor/Supplier Name DLR Group Contractor/Supplier Address: 117 East Colorado Blvd Suite 500 Contractor/Supplier Ci /State/Zi : Pasadena, CA 91105 Original Contract Amount * Amendment Amount:* (if applicable) New Contract Amount.* $N/A $N/A $206,000 (*Includes original contract and previously ("Includes original contract and all amendments, approved amendments) ("Current amendment only) including current amendment Provide a brief description of the acquisition, including all goods and/or services the contractor will provide Contractor will complete construction documents for a new senior center in Huntington Central Park Contract Type and Term Contract Type: Contract Term: What account number will be used to purchase? Select One ❑ Goods Begin i `c^ t } Business Unit Zd YSDO S ® Service ❑ Goods & Services End 7 - I -I)?, Object Code O t Require A rovals-' �r,' Department Head Fiscal Services IVI nager Director of Finance D�pu City Administrator ❑ Denied Approved ❑ Denied to Ap rQaed� Denied � ❑ App ved ❑ Denied f� pr ed V11� / Signature Signature Signature Sgnature 3 -Zoo Date ,' Date Date 15ate (Transactions exceeding $50,000 must be approved by City Council HB -367- Item 17. - 3 7 CITY OF HUTINGTON BEACH Sole Source Justification (For use on all goods and services acquisitions ) Complete responses must be provided for all of the following items A. THE GOODISERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this goods/services/supplier? (Explain why the acquisition cannot be competitively bid) Prior to delay in the senior center project due to a legal challenge, the firm of KKE was under contract with MAKAR Properties to complete the design and construction documents. KKE has since been acquired by DLR Group and the construction drawings completed by KKE are now the property of DLR. The construction documents are about 76% complete. Going with another design firm to complete the construction documents would require the City to start from scratch - resulting In significant costs and time delays in the project. 2. Provide the background of events leading to this acquisition. As part of the current CIP, City Council approved a budget of $300,000 to complete the construction plans and specifications for the senior center. Staffs intent was to request a proposal from KKE, since they substanially completed most of the work. DLR acquired KKE and therefore own the construction drawings. Staff therefore requested a proposal to complete the work. 3. Describe the uniqueness of the acquisition (why was the good/servicelsupplier chosen?). DLR owns the rights to the construction plans - which are approximately 75% complete. DLR Is in a position to simply complete the remaining 25%. Contracting with another firm would result in the design and engineering process to re -start from the ground level. 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? Going with another supplier would result in a large cost increase for the project. The approved funding in the current CIP budget would not be sufficient to complete the project. 5. What market research was conducted to substantiate no competition, Including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed ) No research was conducted due to the unique situation of DLR owning the rights to the construction documents and the fact that they have the ability and experience to complete the project. B. PRICE ANALYSIS - - was the price offered determined to be fa ; .., isonable? Item 5. - 23 Item 17. - 38 HB -368- (Explain what the basis was for comparison and include cost analyses as applicable ) The cost to complete the plans was reviewed by the City Engineer and were determined to be in -line with current industry rates. 2., Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier There will be a significant cost savings in only having to complete the remainding 25% of the construction documents. Remit completed form to City of Huntington Beach — Purchasing Division 2000 Main Street, Huntington Beach, CA 92648-2702 Item 5. - 24 H R -66- HB -369- Item 17. - 39 City of Huntington Beach Tnai Balance Report Object Adopted Revised Actual Encumbrance Avail Funds Account FY 2012/13 FY 2012/13 FY 2012113 FY 2012/13 FY 2012/13 20945005 - Central Park Senior Center 82800 - Other Improvement 300,000 300,000 82000 - Improvements 300,000 300,000 50000 - EXPENDITURES 300,000 300,000 Item 17. - 40 xB -370- ATTACHMENT Hs -371- Item 17. - 41 RECEIVED - � CITY OF HUNTINGT ON BEACH JUN :051013 Sole -Source Justification (For use on all goods and services acquisitions ) ac This justification document consists of two (2) pages All information must be provided and all questions must be answered The "Required Approvals" section must include a date for each signature, as appropriate for the transaction Requei;ting Department Information Date. June 2, 2013 Requestor Name: David Dominguez Division Manager: David Dominguez (Type names Do not sign Department: Community Services Department Head: Janeen Laudenback _gype names Do not sin Must be same as signature below w - a `De artrrient-Contact Infor'ma'tion" Contact Name: David Dominguez Street Address. Telephone. x5309 Fax 714.374-1664 Shipping Address: r Cellular hone• =& Re uired-Contact-Information Contractor/Supplier Name- FUSCOE Engineering Contractor/Supplier Address: 16796 Von Karman Suite 100 Contractor/Su tier Ci /State/Zi : Irvine, CA 92606 Original Contract Amount.* Amendment Amount:* (if applicable) New Contract Amount:* $N/A $N/A $48,600 (Includes original contract and previously (Includes original contract and all amendments, approved amendments) (`Current amendment only) including current amendment Provide a brief description of the acquisition, including all goods and/or services the contractor will provide, Contractor will complete the civil engineering portion of the construction documents for a new senior center in Huntington Central Park ,Contract Type and Term Contract Type: Contract Term: What account number will be used to purchase? Select One ❑ Goods Begin i _ 1— Business Unit 20 Y S U U ® Service ❑ Goods & Services End 'j _ / - �'7� Object Code ` r 2- 1t Require Approvals Department Head Fiscal Services Mjinager Director of Finance De ity Administrator ❑ Aeproved ❑ Denied UrApprevey IM Denied ❑ proved ❑ Denied O�,. ppr ed Denied( Signature Sign ture Signature J V Si t r i -� Z°t % 8�q 1,� I Yate I Date �'_ Date Date (Transactions exceeding $50,000 must be approved by City Council Item 17. - 42 xB -372- CITY OF HU TINGTON BEACH Sole Source Justification (For use on all goods and services acquisitions) Complete responses must be provided for all of the following items. A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this goodstservices/supplier? (Explain why the acquisition cannot be competitively bid) Prior to delay in the senior center project due to a legal challenge, FUSCOE Engineering was under contract with MAKAR Properties to complete the civil plans for the project. The plans and specifications for the project are about 75% complete and FUSCOE is the engineer of record for the plans. 2. Provide the background of events leading to this acquisition. As part of the current CIP, City Council approved a budget of $300,000 to complete the construction plans and specifications for the senior center. The services of FUSCOE Engineerign are needed to complete the civil plans for the project. FUSCOE is the engineer of record for the plans and they are very familiar with the project - having completed subtantial work on the plans. 3. Describe the uniqueness of the acquisition (why was the good/serviceisupplier chosen?). FUSCOE is the engineer of record for the plans for the senior center. They have completed substantial work on the plans and their familiarity with project puts them in the best position to complete the plans in a cost effective and timely manner. 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? Going with another supplier would result in a large cost increase for the project. The approved funding in the current CIP budget would not be sufficient to complete the project. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable The names and addresses of suppliers contacted and the reasons for not considenng them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed) No research was conducted due to the unique situation of FUSCOE being the engineer of record for the plans. Additionally, current staff from FUSCOE have first-hand experience with the project and are in a position to complete the remaining worked required in a cost-effective and timely manner. 1. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable) H R -69- TtPm S- ') 7 HB _;7;_ Item 17. - 43 The cost to complete the plans was reviewed by the City Engineer and were determined to be in -line with current industry rates., 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. There will be a significant cost savings in only having to complete the remaindmg 25% of the construction documents. Remit completed form to City of Huntington Beach — Purchasing Droision 2000 Main Street, Huntington Beach, CA 92W-2702 Tom_--- C no tin ^In Item 17. - 44 xB 74- City of Huntington Beach Trial Balance Report Object Adopted Revised Actual Encumbrance Avail Funds Account FY 2012/13 FY 2012/13 FY 2012113 FY 2012/13 FY 2012113 20945005 - Central Park Senior Center 82800-Other Improvement 300,000 300,000 92000 - Improvements 300,000 300,000 50000 - EXPENDITURES 300,000 300,000 xB -375- Item 17. - 45 ATTACHMENT li Item 17. - 46 xB -376- RECEIVED CITY OF HUNTINGTON BEACH JuN tag 2013 r Sole -Source Justification (For use on all goods and services acquisitions ) This justification document consists of two (2) pages All information must be provided and all questions must be answered The "Requlred Approvals" section must include a date for each signature, as appropriate for the transaction '- , #Re" uestin ,De artment Information Date: June 2, 2013 Requestor Name. David Dominguez Division Manager: David Dominguez (Type names Do not sign Department: Community Services Department Head- Janeen Laudenback (Typenames Do not sin Must be same as signature below �'''d '" •, De artment Contact Infbi riation Contact Name: David Dominguez Street Address: Telephone- x5309 Fax: 714 374-1654 Shipping Address: Cellular hone: -�"Re uired Contact Information,` Contractor/Supplier Name: Linscott Law and Green an E ineers Contractor/Supplier Address- 2 Executive Circle Suite 250 Contractor/Supplier Ci /State/Zf : Irvine, CA 92614 Original Contract Amount:* Amendment Amount-* (if applicable) New Contract Amount:* $NIA $N/A $7,500 (*Includes original contract and previously (*Includes original contract and all amendments, approved amendments) (*Current amendment only) including current amendment Provide a brief description of the acquisition, including all goods and/or services the contractor willprovide: Contractor will complete the traffic design for the senior center in Huntington Central Park , '7 ' ` Contract Type and Term ? Contract Type: Contract Term: What account number will be used to purchase? Select One ❑ Goods Begin %" (" ► 3 Business Unit 20 /'YS 00 S� ® Service ❑ Goods & Services End Object Code 5- Z ACC) w'FR,`e'uiredA "rovals Department Head Fiscal Services Manager Director of Finance ministrator ❑ A roved ❑ Denied [approved [IDe +ed Signature ❑ Ap oved ElDenied❑ WeC Denied ig mature Signature Si nature o(o / v;; �� Dat�— 6- 3 -doi q,-t'3 Date ki / -T Date I 1 11bale (Transactions exceeding $50,000 must be approved by City Council xB -377- 1Item 17. - 47 CITY OF HUNT'INGTON BEACH Sole Source Justification (For use on all goods and services acquisitions } A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this goods/services/supplier? (Explain why the acquisition cannot be competitively bid ) Prior to delay in the senior center project due to a legal challenge, Linscott, Law and Greenspan (LLG) was under contract with MAKAR Properties to complete the traffic design for the project. The plans and specifications for the project are about 75% complete and LLG has completed subtantial work on the traffic design 2. Provide the background of events leading to this acquisition. As part of the current CIP, City Council approved a budget of $300,000 to complete the construction plans and specifications for the senior center. The services of LLG are needed to complete the traffic design for the project 3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?). Under contract with MAKAR, LLG has completed subtantial work on the plans and are in a unique position to complete the remaining design in a cost-effective and timely manner, 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? Going with another supplier would result in a large cost increase for the project The approved funding in the current CIP budget would not be sufficient to complete the project. 5. What market research was conducted to substantiate no competition, Including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, Including a summary of how the department concluded that such altemabves are either inappropriate or unavailable The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanabon of why the survey or effort to Identify other goods/services was not performed ) No research was conducted due to the unique situation of LLG previously working on the project before being halted due to the legal challenge. LLG staff having first-hand experience with the project places them in the best position to complete the remaining design work at a lower cost than another traffic engineering firm unfamiliar with the project. . PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and Include cost analyses as applicable ) •r 11 Item 5. - 31 Item 17. - 48 HB -378- The cost to complete the plans was reviewed by the City Engineer and were determined to be in -line with current industry rates 2. Describe any cost savings realized or costs avoided by acquiring the goodsiservices from this supplier. There will be a significant cost savings in only having to complete the remainding 25% of the construction documents Remit completed form to City of Huntington Beach — Purchasing Division 2000 Main Street, Huntington Beach, CA 92648-2702 Item 5. - 32 WR _'7a_ HB -379- Item 17. - 49 City of Huntington Beach Trial Balance Report Object Adopted Revised Actual Encumbrance Avail Funds Account FY 2012M3 FY 2012113 FY 2012/13 FY 2012/13 FY 2012/13 20945005 - Central Park Senior Center 82800 - Other Improvement 300,000 300.000 82000 - Improvements 300.OW 300,000 50000 - EXPENDITURES 300,000 300.000 Item 17. - 50 xB-380- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk July 3, 2013 DLR Group Attn Brian Anal, AIA Principal 117 E Colorado Blvd Ste 500 Pasadena, CA 91105 Dear Mr Arial. Enclosed for your records is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" in Huntington Central Park Sincerely, Jo L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand Hs -381- Item 17. - 51 _m T t A Uri'M y ter ;: z.: r+.�'= _ = 4 sac � �. — ! "q µ r7 1 Lei`? Dept ID GS 14-014 Page 1 of 2 Meeting Date 6/16/2014 �- o U-7- CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/16/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services Travis K Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No 1 to the Agreement between the City and DLR Group for preparation of plans and specifications for Senior Center building, and, authorize appropriation of funds Statement of Issue An amendment to the Professional Services Contract with DLR Group is needed to complete additional tasks associated with final delivery of the plans and specifications for the new senior center building Financial Impact An appropriation of $81,000 from the Park Acquisition and Development Fund balance (Fund 209) is required Recommended Action A) Approve and authorize the Mayor and City Clerk to execute "Amendment No 1 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," and, B) Authorize the appropriation of $81,000 from the Park Acquisition and Development Fund balance (Fund 209) to Central Park Senior Center account 20945005 82800 Alternative Action(s) Do not approve and direct staff accordingly. Analysis On June 17, 2013, City Council approved a professional services contract with DLR Group to complete plans and specifications for a new senior center building in Huntington Central Park The initial scope for DLR Group was to update and complete the plans and specifications for the senior center building The plans were approximately 75% complete prior to the protect being put on hold in 2009 As part of their original scope, DLR Group was to complete the plans and specification and to update sections of the plans already complete in order to comply with current building codes DLR Group and its design team have brought the plans to 90% completion in order to finalize all aspects of the plans, additional tasks are needed These tasks include interior design, site furnishings and commissioning services for the HVAC system Prior to the protect being put on hold, MAKAF�JProperties was responsible for completing all elements of the plans — including interior design and site furnishings MAKAR subcontracted these services to an rxB Item 17. - 52 -;g2- Dept ID CS 14-014 Page 2 of 2 Meeting Date 6/16/2014 outside design firm At the time of entering into the current contract with DLR Group, staff anticipated contracting directly with another design firm to complete the tasks While working through completion of the plans, DLR Group has indicated that their design team can provide the needed services to finalize the interior design and furnishings for the site They have submitted a scope of work to complete the tasks as well as to provide commissioning services for the HVAC system Commissioning is intended to insure that HVAC systems operate at peak efficiency — in terms of energy climate control Prior to 2010, commissioning was only a recommendation and also part of the process to make a facility LEED compliant Commissioning is now part of the California Green Building Code Standards and is now a requirement DLR Group is prepared to provide the support needed to complete the commissioning The cost to provide these additional tasks totals $192,000, including contingency and reimbursable expenses A total of $103,000 is currently available in the FY 2013-14 Central Park Senior Center budget Therefore, a new appropriation from the Park Acquisition and Development Fund (PAD) of $81,000 is required to fully fund the amendment Should City Council approve the amendment, staff anticipates the plans to be complete by the end of June and out to bid in early August Per Administration Regulation Number 228 (AR228), Professional Services Contracts and amendments over $100,000 require the approval of City Council — therefore staff is requesting City Council approval and execution of Amendment No 1 between the City and DRL Group for completion of plans and specifications for a Senior Center building. Environmental Status All environmental requirements for the project were obtained as part of SEIR No 07-002 A Notice of Determination was filed by the County Clerk on April 20, 2013 Strategic Plan Goal Improve the City's infrastructure Attachment(s) 1) Amendment No 1 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" 2) Professional Services Contract— DLR Group, dated 7/1/2013 3) Scope of Work for Additional Services NR Itam 1 r% - 7 HB -383- Item 17. - 53 M Room 'Mh-a Z #1' � 1 Aun 3; Item 17. - 54 xB -384- AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING Tlus Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and DLR Group, a California corporation, hereinafter referred to as "Consultant " WHEREAS, City and Consultant are parties to that certain agreement dated July 1, 2013, entitled "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed, the additional compensation to be paid, and the extension of the term, NOW, THEREFORE, IT IS AGREED by City and Consultant as follows* ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including interior design, site furnishings and commissioning 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, an additional sum not to exceed one hundred ninety-two thousand dollars ($192,000.00) 2014. TERM The services of Consultant are to be completed no later than December 31, 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect 14-4252/110078 HB -385- Item 17. - 55 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers. CONSULTANT, By. 131kI AN A 0.14 L print name ITS: (circle one) Chairman/Preside ice Piesident AND print name ITS' (cis cle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer CqP CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 0 0 JA A04*44f *0-)-- City Clerk ab 11g1'1 INITIATED AND APPROVED: Director of Community Services APPROVED AS TO FORM: /amity Attorney 1 , S s, 23- tt� 14-4252/110078 2 Item 17. - 56 HB 86- IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers prim name ITS: (circle one) Chairms restden Ice President AND By: print name ITS. (circle one) Secretary/Chief Financial Officer/Asst. Secretary- Treasurer COUNTERPART 14-4252/110078 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED. Director of Community Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: AL-" I � ) , "' Cit Attorney 1413 -387- Item 17. - 57 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 19, 2014 DLR Group Attn. Brian Arial, AIA Principal 117 E Colorado Blvd, Ste 500 Pasadena, CA 91105 Dear Mr. Aria]: Enclosed for your records is a duplicate original of "Amendment No. 1 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building." Sincerely, te�—J,011 too V a TjnqL. Flynn, CMC City Clerk JF pe Enclosure Sister Cities. Anjo, Japan • Waltakere, New Zealand (Telephone 714.536.5227) Item 17. - 58 HB -388- xB 89- Item 17. - 59 ATTACHMENT #4 7-,GiCiS �ccJ Dept ID PW 14-069 Page 1 of 3 Meeting Date 11/17/2014 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/17/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works Janeen Laudenback, Director of Community Services SUBJECT: Award and authorize execution of a construction contract in the amount of $11,611,508 to Icon West, Inc, waive the minor irregularities in the Icon West bid, authorize fifteen percent (15%) in construction change orders, and authorize execution of Amendment No 2 to the Agreement with DLR Group for construction support services for the new Senior Center Project, CC-1473 Statement of Issue On October 14, 2014, bids were opened for the New Senior Center Project, CC-1473 City Council action is requested to award the construction contract to Icon West, Inc, the lowest responsive and responsible bidder Additionally, during the construction, support from the design consultant, DLR Group will be required and an Agreement Amendment is necessary to secure their services. Financial Impact: Funds in the amount of $15,000,000 from bond financing are available in Account No 40140107 In addition $142,000 is available from a HUD Grant in Account No 99445102 HOAG Memorial Hospital Presbyterian is donating $2,000,000 for the construction and site work and additional funds for programming at the facility will be brought forward to the City Council as a separate item A total of $17,142,000 is available for the project construction and construction related items Recommended Action A) Waive the minor irregularities in the Icon West, Inc , bid and award the construction contract to the lowest responsive and responsible bid submitted by Icon West, Inc , in the amount of $11,611,508, and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney, and, C) Authorize the Director of Public Works and City Engineer to approve up to fifteen percent (15%) in construction change orders up to $1,741,727, and, D) Authorize the Mayor and City Clerk to execute "Amendment No 2 to Agreement between the City of Huntington Beach and DLR Group for preparation of plans and specifications for the Senior Center Building" to include construction support services in the amount of S i^Vq $259,350 a'1r Alternative Action(s) 1 Uphold the bid protest by Woodcliff Corporation and accept Woodcliff Corporation as the lowest responsive and responsible bid 2 Reject all bids and provide staff with an alternative direction Item 17. - 60 HB -390- Dept ID PW 14-069 Page 2 of 3 Meeting Date 11/17/2014 Analysis On August 18, 2014, the City Council authorized the solicitation of bids for the New Senior Center Project, CC-1473 In early September, plans and specification were made available to the contracting community In addition, contractors were invited to attend a pre -bid meeting on September 18, 2014 to review the project The bids were publically opened on October 14, 2014 A favorable economic climate resulted in bids well below the pre -bid estimate of $16,500,000 The bids are listed below Bidding Contractor Bid Icon West Inc $11,611,508 RC Construction $11,838,000 Woodcliff Corp12 52,000 W E. O'Neil $12,575,000 Pinner Construction $12,742,000 Erickson Hall $12,888,000 Sinanian Construction $13,288,000 AWI Builders Inc $13,985,911 USS Cal Builders t14.600 000 T. B Penick & Sons 15 094 000 Icon West, Inc, (Icon West) was the apparent low bidder at time of bid opening at $11,611,508 Staff performed their due diligence in reviewing the bids for their responsiveness' to the requirements for the 3 apparent lowest bidders The reference check for Icon West provided acceptable responses from past clients On October 31, 2014 the City received a protest from Woodcliff Corporation regarding the Icon West and R C Construction Services, Inc, bids The protest claims have been reviewed by Legal Counsel In part, Woodcliff's protest claims that information provided by Icon West in response to the BID was deficient First, Woodcliff claims that Icon West's subcontractor's information was not provided as set forth in the BID Second, Woodcliff claims Icon West did not meet the experience requirements in the BID Staff investigated the claims and determined that 1) the subcontractor information was provided by Icon West, 2) Icon West meets the experience requirements despite some minor irregularities which Staff recommends waiving The irregularities are as follows Icon West did not submit a project for a municipality or county, and, one of the projects did not meet the requirement that the project includes a building greater than 10,000 sf Icon West submitted projects for UCLA which is a public entity that must follow public contracting laws The projects submitted by Icon West included student housing construction which presents a more challenging construction environment than the Senior Center project Therefore, Staff recommends the City council waive the above mentioned minor irregularities in the BID specifications because the projects submitted do not materially differ from the New Senior Center Project in the type of construction and scale Waiving these minor irregularities and awarding the contract to Icon West in the amount of $11,611,508 is $400,000 less than the BID submitted by Woodcliff As part of the overall Senior Center project, it is also necessary to amend the Agreement with DLR Group for construction support from the architectural design team in the amount of $259,350 HB -391- Item 17. - 61 Dept ID PW 14-069 Page 3 of 3 Meeting Date 11/17/2014 In summary, in addition to the construction contract and DLR Group amendment, construction costs for contingency, construction management, environmental monitoring, testing and inspection, monument and signage, fixtures, furnishing and building equipment are included in the project budget Therefore, the total cost of up to $17,140,646 is anticipated for the construction phase of this project Environmental Status. The New Senior Center Project was approved in conformance with SEIR No 07-002 and CUP No 07-039 R Strategic Plan Goal Improve the City's infrastructure sMcr F-O (� Attachment(s) S�� -�1 Amendment No 2 to Agreement between the City of Huntington Beach and DLR Group for preparation of plans and specifications for the Senior Center Building 2 Bid Protest by Woodcliff Corporation Item 17. - 62 HB -392- HB -393- Item 17. - 63 AMENDMENT NO 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and DLR Group, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated July 1, 2013, entitled "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant are parties to "Amendment No 1 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed, the additional compensation to be paid, and the extension of the term, NOW, THEREFORE, IT IS AGREED by City and Consultant as follows. 1. ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including geotechnical evaluation, construction administration and kitchen consultation and design services. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, an additional sum not to exceed two hundred fifty-nine thousand three hundred fifty dollars ($259,350 00). 3. TERM The services of Consultant are to be completed no later than July 30, 2016 14-4252.001/113726 Item 17. - 64 HB -394- HB -395- Item 17. - 65 4 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers. / ►'DV&an6, - / 7, '2-0 /� CONSULTANT, i By v I1� pnnt name ITS: (cu cle one) ChairrnanEE3pice President AND By pnnt name ITS. (cucle one) Secretary/Chief rmancial Officer/Asst Secretary - Treasurer 14-4252 001/113726 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California May ety Jerk INITIATED AND APPROVED irector of Commune Se es APPROVED AS TO FORM City Attorney OZ 1 U 1 Item 17. - 66 HB -396- xB _;97_ Item 17. - 67 Dept ID CS 16-021 Page 1 of 2 Meeting Date 7/5/2016 C ON%7�vu6r'y 70 %1JI.7. le, CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/5/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services Travis K Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No 3 to Agreement with DLR Group for preparation of Plans and Specifications for Senior Center Building in the amount of $32,929, for a total contract amount not to exceed $690,279 and extendmq the contract term 3 months _ Statement of Issue An amendment to the Professional Services Contract with DLR Group is needed to complete additional final tasks associated with completion of the Senior Center in Central Park Financial Impact Funds in the amount of $32,929 are available in the project account, 31987001 82200 Recommended Action Authorize the Mayor and the City Clerk to execute "Amendment No 3 to Agreement Between The City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" increasing the contract amount by $32,929 and extending the term to October 31, 2016 Alternative Action(s) Do not approve Amendment No 3 and advise staff accordingly Analysis The DLR Group contract to prepare plans and specifications for the Senior Center in Central Park was originally approved on July 1, 2013, in the amount of $206,000 Amendment No 1 in the amount of $192,000 was approved on June 6, 2014, for additional services including interior design, site furnishings and commissioning Amendment No 2 in the amount of $259,300 was approved on November 17, 2014, for construction support services as part of the award of the construction contract to ICON West Amendment No 3 in the amount of $32,929 was necessitated as a result of project changes which involved revised landscaping to accommodate for fire department accessibility, architectural revisions for the main entry, and design of the energy management system as detailed in Exhibit D With this amendment, the final cost of the contract will total $690,279 Environmental Status The Senior Center in Central Park project was approved in conformance with SEIR No 07-002 and CUP No 078-039R HB -195- Item 10. - 1 Dept ID CS 16-021 Page 2 of 2 Meeting Date 7/5/2016 Strategic Plan Goal Enhance and maintain infrastructure Attachments) 1 "Amendment No 3 to Agreement Between The City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" Item 10. - 2 HB -196- AMENDMENT NO 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, heieinaflei iefeiied to as "City," and DLR -_ Group, —a California corporation, lfeiemaftei refeiied to as "Consultant" - ---- - "-- WHEREAS, City and Consultant are parties to that certain agreement dated July 1, 2013, entitled "Professional Seivices Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," which agreement shall heremaftei be ieferied to as the "Original Agreement," and City and Consultant are pasties to "Amendment No 1 to Agreement Between the City of Huntington Beach and DLR Group foi Preparation of Plans and Specifications for Senior Center Building," and City and Consultant are parties to "Amendment No 2 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications foi Senior Center Building," and City and Consultant wish to amend the Original Agieernent to reflect the additional work to be performed, the additional compensation to be paid, and the extension of the term, NOW, THEREFORE, IT IS AGREED by City and Consultant as follows ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including landscape services, architectural services and mechanical and electrical services as set forth as Exhibit D, attached hereto and incoipoiated heiein by reference 2 ADDITIONAL COMPENSATION In consideration of the additional services to be perfoil-ned as described above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment foi services iencleied, an additional sum not to exceed thirty-two thousand nine RLS 6/9/16/16-5299/137893/MV hundred twenty-nine dollars ($32,929 00) This will increase the total compensation of the Agreement to Six Hundred Ninety Thousand Two Hundred Seventy-nine Dollais ($690,279 00) 3 TERM 2016 The services of Consultant are to be completed no later than Octobei 31, 4 -- - - -REAFFIRMATION-- - - -- - - - - - - -- Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and tluough their authorized officers CONSULTANT, DLR GROUP By _q/700. print name Ses'" Ole fOR(AM ITS (circle one) Chaiiman/President/Vice Piesident By: APr—IdP' pant name �QL 0L4 lr J f.�L ITS (cncle ore) Secretary/Chief Fnancial Officei/Asst f� Sect etary - Ti eases er RLS 6/9/16/16-5299/137893/MV CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATE AND APPROVED- - Direct i" ommunity Services REVIEWED AND APPROVED City Manager APPROVED AS T rty A riney m� 2 EXHIBIT D 16 DLR Group Architecture Engineering Planning Fnienora December 2, 2015 City of Huntington Beach Attn• David Dominguez 2000 Main Street Huntington Beach, California 92648 T (714) 685-0185 ext 204 117 East Colorado Boulevard Suite 500 Pasadena, CA 91105 o 626/796-8230 f 626/796-8735 Huntington Beach Senior Center— Huntington Beach, California_ - - - ----RE - - -- ------ ---- ---------- - - --- -- - - -- Additional Service 003. Construction Administration Services Project No 75-13765-00 Dear David, We appreciate the opportunity to provide Professional Architectural Services for the City of Huntington Beach Senior Center Project in Huntington Beach, California The terms and conditions of the Master Agreement dated July 3rd, 2013 DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs 1.0 Scope of Services 1 1 Landscape Services 1 1 1 Revise landscape and irrigation for parking lot island correction required by Fire Dept 1 1 2 Remove irrigation reclaimed water connection and convert to domestic water per City comment 1 1 3 Relocate long term bike lockers and add more bike racks in front of building 1 14 Adjust trees and walkway width to avoid light poles 1 2 Architectural Services 1 2 1 Revisions to EMS Specification 1 22 Low Voltage review and coordination and new server room (Draft, door hardware, etc ) 1 23 Rooftop equipment screening 1 24 Raising up of parapet wall on north east corner of the building for RTU screening Satellite TV dish mounting 1 25 Access into Concealed attic spaces 1 26 Door Hardware — additional card readers for server room and computer room 1 27 Travel Resource Waiting Room — Privacy doors 1 28 Roof Drain Cleanouts 1 3 Mechanical and Electrical Services 1 3 1 Revisions to EMS Specification 1 32 Coordination with manufacturer's representative for EMS Specifications revisions 1 33 Review EMS submittals, response based on Owner's comments 1 34 Data Low Voltage drawings designated by Plan Net 1 35 Revise the electrical drawings to include the latest requirements as shown in the low voltage drawings including power for A/V, Data, Security systems, new and revised data outlet locations, speakers, server room electrical requirements 1 36 Review HVAC requirements for new server room and revise mechanical provisions as required Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Houston dlrgroup com - Kansas City Las Vegas Lincoln Los Angeles Minneapolis Omaha Orlando Phoenix facebook com/dlrgroup Portland Riverside Sacramento Seattle Tucson Washington, DC Dubai Shanghai twitter com/dlrgroup 2.0 Proposed Fees The professional fee to perform the work outlined in the "Scope of Services" above shall be invoiced as follows Task Description Total 11 Landscape Services $ 6,05400 12 Architectural Services $ 13,575 00 Mechanical and Electrical -Services — EMS _ _ $_ 4,800 00 - --- 13 - -- Mechanical and Electrical Services — Low Voltage $ 8,50000 Total $ 32,929 00 We appreciate the opportunity to work with you on this project, and look forward to its success If the above meets with your approval, we can simply adjust the master contract we have in place by this additional amount and scope of work Sincerely, DLR Group / 3 -? Ltl; Brian Arial, AIA Principal CA License #C27582 Esparza, Patty From: Mark Bixby [mark@bixby org] Sent: Tuesday, July 05, 2016 11 46 AM To. Agenda Comment Cc: Fikes, Cathy, CITY COUNCIL Subject: 7/5/2016 CC agenda item 10 senior center contract AGENDA COMMENT Hi city council, Could somebody please ask staff at tonight's meeting why the senior center contract amendment includes a revision to change the irrigation from reclaimed water back to domestic water? See the RCA attachment in the agenda. This sends a terrible message on sustainability in times of ongoing drought. Thanks. Mark B. SUPPLEMENTAL COMMUNICATION Meeting Date: Z Agenda Item No. 1 Esparza, Patty From: Estanislau, Robin Sent Tuesday, July 05, 2016 3 54 PM To. Dombo, Johanna Cc: Esparza, Patty Subject: RE Response to Supplemental Item The supplement packet has been distributed and published —the staff member responsible for this item can simply respond to the statement during the presentation, and the minutes will reflect that From: Dombo, Johanna Sent: Tuesday, July 05, 2016 3:52 PM To: Agenda Alerts; Agenda Comment Subject: Response to Supplemental Item Is there any way to add the response below to the Mark Bixby's question that is in the Supplemental items for tonight's meeting? Maybe as an announcement?: "The City does not currently have any reclaimed water supply." Johanna Dom6o # Executive Assistant # City of Muntington F)each # 714 536 5575 V;Y City ®f Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ♦ wwv\r.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 19, 2016 DLR Group Attn Brian Anal, AIA Principal 117 East Colorado Blvd , Ste 500 Pasadena CA 91150 Re Professional Services Contract Amendment Mr Anal, Enclosed for your records is a copy of the fully executed "Amendment No 3 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building " Sincerely, Robin Estanislau, CMC City Clerk RE pe Enclosure Sister Cities Anjo, Japan o Waitakere, New Zealand 7,� Dept. ID PW 14-069 Page 1 of 3 Meeting Date: 11/17/2014 CITY OF HUNTINGTON REACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/17/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Janeen Laudenback, Director of Community Services SUBJECT: Award and authorize execution of a construction contract in the amount of $11,611,508 to Icon West, Inc., waive the minor irregularities in the Icon West bid, authorize fifteen percent (15%) in construction change orders, and authorize execution of Amendment No. 2 to the Agreement with DLR Group for construction support services for the new Senior Center Project, CC-1473 Statement of Issue: On October 14, 2014, bids were opened for the New Senior Center Project, CC-1473. City Council action is requested to award the construction contract to Icon West, Inc., the lowest responsive and responsible bidder. Additionally, during the construction, support from the design consultant, DLR Group will be required and an Agreement Amendment is necessary to secure their services. Financial Impact: Funds in the amount of $15,000,000 from bond financing are available in Account No. 40140107. In addition $142,000 is available from a HUD Grant in Account No. 99445102. HOAG Memorial Hospital Presbyterian is donating $2,000,000 for the construction and site work and additional funds for programming at the facility will be brought forward to the City Council as a separate item. A total of $17,142,000 is available for the project construction and construction related items. Recommended Action: A) Waive the minor irregularities in the Icon West, Inc., bid and award the construction contract to the lowest responsive and responsible bid submitted by Icon West, Inc., in the amount of $11,611,508; and, se' B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, `s %A C) Authorize the Director of Public Works and City Engineer to approve up to fifteen percent (15%) in construction change orders up to $1,741,727; and, D) Authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement between the City of Huntington Beach and DLR Group for preparation of plans and specifications for the Senior Center Building" to include construction support services in the amount of $259, 350. Alternative Action(s): 1. Uphold the bid protest by Woodcliff Corporation and accept Woodcliff Corporation as the lowest responsive and responsible bid. 2. Reject all bids and provide staff with an alternative direction. Item 5. - I HB -40- Dept. ID PW 14-069 Page 2 of 3 Meeting Date: 11/17/2014 Analysis: On August 18, 2014, the City Council authorized the solicitation of bids for the New Senior Center Project, CC-1473. In early September, plans and specification were made available to the contracting community. In addition, contractors were invited to attend a pre -bid meeting on September 18, 2014 to review the project. The bids were publically opened on October 14, 2014. A favorable economic climate resulted in bids well below the pre -bid estimate of $16,500,000. The bids are listed below: Bidding Contractor Bid Icon West Inc. $11,611,508 RC Construction $11 838 000 Woodcliff Corp12 052 000 W.E. O'Neil $12,575,000 Pinner Construction $12,742,000 Erickson Hall $12 888 000 Sinanian Construction $13,288,000 AWI Builders Inc. $13,985,911 USS Cal Builders $14 600,000 T. B. Penick & Sons $15 094 000 Icon West, Inc., (Icon West) was the apparent low bidder at time of bid opening at $11,611,508. Staff performed their due diligence in reviewing the bids for their responsiveness to the requirements for the 3 apparent lowest bidders. The reference check for Icon West provided acceptable responses from past clients. On October 31, 2014 the City received a protest from Woodcliff Corporation regarding the Icon West and R.C. Construction Services, Inc., bids. The protest claims have been reviewed by Legal Counsel. In part, Woodcliff's protest claims that information provided by Icon West in response to the BID was deficient. First, Woodcliff claims that Icon West's subcontractor's information was not provided as set forth in the BID. Second, Woodcliff claims Icon West did not meet the experience requirements in the BID. Staff investigated the claims and determined that: 1) the subcontractor information was provided by Icon West; 2) Icon West meets the experience requirements despite some minor irregularities which Staff recommends waiving. The irregularities are as follows: Icon West did not submit a project for a municipality or county; and, one of the projects did not meet the requirement that the project includes a building greater than 10,000 sf. Icon West submitted projects for UCLA which is a public entity that must follow public contracting laws. The projects submitted by Icon West included student housing construction which presents a more challenging construction environment than the Senior Center project. Therefore, Staff recommends the City council waive the above mentioned minor irregularities in the BID specifications because the projects submitted do not materially differ from the New Senior Center Project in the type of construction and scale. Waiving these minor irregularities and awarding the contract to Icon West in the amount of $11,611,508 is $400,000 less than the BID submitted by Woodcliff. As part of the overall Senior Center project, it is also necessary to amend the Agreement with DLR Group for construction support from the architectural design team in the amount of $259,350. HB -41- Item 5. - 2 Dept. ID PW 14-069 Page 3 of 3 Meeting Date: 11/17/2014 In summary, in addition to the construction contract and DLR Group amendment, construction costs for contingency, construction management, environmental monitoring, testing and inspection, monument and signage, fixtures, furnishing and building equipment are included in the project budget. Therefore, the total cost of up to $17,140,646 is anticipated for the construction phase of this project. Environmental Status: The New Senior Center Project was approved in conformance with SEIR No. 07-002 and CUP No. 07-039R. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Amendment No. 2 to Agreement between the City of Huntington Beach and DLR Group for preparation of plans and specifications for the Senior Center Building 2. Bid Protest by Woodcliff Corporation Item 5. - 3 HB -42- ATTACHME-NT --- ����®��®ƒ��> �. �a � \ /« «az«_-2.- \`± w.� --.� : �� � / z: f � ` - , |] AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and DLR Group, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated July 1, 2013, entitled "Professional Services Contract Between the City of Huntington Beach which agreement shall hereinafter be referred to as the "Original. Agreement," and City and Consultant are parties to "Amendment No. I to Agreement Between the Senior Center Building," and City and Consultant wish to amend the Original Agr eement to reflect the extension of the term. Consultant shall provide to City such additional services as required by City, including geotechnical evaluation, construction administration and kitchen consultation and design services. In consideration of the additional services to be performed as described above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, an additional sum not to exceed two hundred fifty-nine thousand three hundred fifty dollars ($259,350.00). 3. TERM The services of Consultant are to be completed no later than July 30, 2016. 14-4252.001/113726 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers. / YDl/CI%% / 7, CONSULTANT, By: _ print name ITS: (circle one) ChainnanE31vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California - `)Oel - May fT ?1ty rk INITIATED AND APPROVED: irector of Communil Se es APPROVED AS TO FORM: rn, .-....".".....,may,. City Attorney ( ( U, tt 14-4252.001/113726 2 117 e. colorado blvd. suite 500 pasadena, ca 91105 626/796-8230 626/796-8735 www.dirgroup.com October 24, 2014 City of Huntington Beach Attn: David Dominguez 2000 Main Street Huntington Beach, California 92648 T: (714) 685-0185 ext. 204 RE: Huntington Beach Senior Center — Huntington Beach, California AS #2: Geotechnical Evaluation, Construction Administration Project No.: 75-13765-00 Dear David, DLR Group and our Consultants appreciate the opportunity to provide professional architectural and engineering for the Geotechnical Evaluation; Kitchen Design and coordination; Construction. Administration and Field Visits for the City of Huntington Beach Senior Center Project in Huntington Beach, California. DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs. I. PROJECT The Project is a new one-story 37,563 square foot Senior Community Center on a 4.98-acre site at 18041 Golden West Street in Huntington Beach, California. II. GEOTECHNICAL EVALUATION DLR will provide a pass through for the Ninyo & Moore proposal dated August 15, 2014 for payment only purposes. The work will be performed and contracted directly by the City of Huntington Beach III. KITCHEN DESIGN AND COORDINATION DLR will work with Webb Design for the Kitchen design. The design and engineering team will meet with the City of Huntington Beach and Hoag Hospital to determine the best layout and equipment for the proposed kitchen and Meals on Wheels program. The team will develop a lighting design and an interior finish selection for the new kitchen. DLR Group and the kitchen/engineering team will work to coordinate detailed and process the plans through the building department and health departments. IV. CONSTRUCTION ADMINISTRATION & JOB SITE VISITS DLR will provide normal administration, coordination and preparation of documents during construction such as field reports and change orders, provide general clarification of plans as required by the General Contractor, review and process shop drawings, review RFI's and issuance of clarifications, review and process normal substitutions as submitted by the General Contractor and approved by the owner. DLR will provide site visitation and reporting during the Construction Administration period approximately once per week on an as needed basis, to a maximum of fifty (50) site visits during the normal course of the project. It is understood that no set of plans are perfect and that normal site visits for clarification are anticipated. If additional Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB -45- Item 5. - 6 Huntington Beach Senior Center Page 2 site visits above normal are needed due to inaccuracies in the construction documents, then the client will not be charged. Included in this number of site visits is the pre -construction meeting and final punch list visit. DLR will coordinate with Landscape consultant to provide three (3) site visits, including the pre -construction meeting. DLR will coordinate the Interior Designer to provide eight (8) site visits. MEP and Structural Engineer will provide four (4) site visits. Additional Consultant site visits will be billed as an additional service as needed. V. RECORD DRAWINGS Upon completion of the work, DLR will compile for and deliver to the owner a set of record documents conforming to information furnished to the Architect by the contractor of record. This set of documents shall consist of record drawings showing the reported location of work. Since record drawings are based on information provided by others, DLR Group shall have no responsibility for the accuracy of the information contained in such record documents. VI. PROPOSED FEE The following fees are for the Basic Scope of Services and the fee does not include Additional Services. They will be billed on a lump sum percentage complete basis. Geotechnical Evaluation Architectural Coordination.................................................. $1,200.00 Nlnyo & Moore.................................................................... $8,650.00 Total.................................................................................... $9,850.00 Kitchen Design and Coordination: Architectural Coordination .............................................. $18,000.00 Kitchen Consultant (Webb Design) .................................. $17,500.00 Interior Design................................................................... $7,500.00 MP (includes Grease Interceptor) .................................... $10,000.00 Electrical and Lighting Design .......................................... $20,500.00 Total................................................................................. $73,500.00 Construction Administration and Job Site Visits: Construction Administration ............................................. $28,500.00 Fifty Site Visits ....................................................... $37,500.00* Landscape/Hardscape...................................................... $12,000.00 Interior Design................................................................. $18,000.00 MEP Engineering.............................................................. $18,000.00 Structural......................................................................... $12,000.00 Total............................................................................... $126,000.00 Record Drawings: Architectural...................................................................... $7,500.00 Landscape/Hardscape..................... .... ......... I ....... I......... $1,000.00 InteriorDesign................................................................... $3,500.00 MEP Engineering................................................................ $2,500.00 Structural........................................................................... $2,500.00 Total.................................................................................. $17,000.00 Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle ?ucson. Sacramento Shanghai Item 5. - 7 HB -46- Huntington Beach Senior Center Page 3 Sub Total.......................................................................... $226,350.00 Contingency for unanticipated Issues 10%........................ $22,000.00 Reimbursable Expense Allowance +/- 5% ......................... $11,000.00 Grand Total...................................................................$259,350.00 *Additional Site Visits - $750.00 per visit plus reimbursable. VII. REIMBURSABLE EXPENSES Estimated reimbursable expenses, that are identified in the master agreement, are included in the `Reimbursable Expense Allowance' line item above and will be billed as a percentage complete to cover the expenses occur. We appreciate the opportunity to work with you on this project, and look forward to its success. If the above meets with your approval, we can simply adjust the master contract we have in place by this additional amount and scope of work. Sincerely, Brian Arial, AIA Principal CA License #C-27582 Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesic Omaha Orlando Paim Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB -47- Item 5. - 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and DLR GROUP, a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare plans and specifications for Senior Center building; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PRO.TECT." CONSULTANT hereby designates Brian Arial, AIA Principal, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1'3-1772197364 1 Item 5. - 9 IJB -48- 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. 'FERKTIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on July 1, 2013 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one hundred eighty (180) days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. HEMEMEMMMMMMI In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Six Thousand Dollars ($206,000.). In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 13-3772/97364 2 1-113 -49- Item 5. - 10 CONSULTANT shall be paid pursuant to the terms of Exhibit "A." CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 11 -q772/-973 64 3 Item 5. - 11 HB --50- CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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 affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 13-3772/97364 4 HB -51 - Item 5. - 12 waives the Tight to receive compensation and agrees to indemnify the CITY for any work perfonned prior to approval of insurance by the CITY. 10. CER11FICATE OF INSURANCE Prior to commencing performance of the work- hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shalt at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment I I 'z772/97364 5 Item 5. - 13 11B -52- compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. is. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have 1.3-3772/97364 6 HB -53- Item 5. - 14 any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: City of Huntington Beach ATTN: Director of Community Services 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: DLR Group Attn: Brian Arial, AIA Principal 117 E. Colorado Blvd., Suite 500 Pasadena, CA 91105 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are 11-1772/97364 7 Item 5. - 15 flB -54- included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 13-3772/97364 8 HB -55- Item 5. - 16 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23, LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 13-3772/97364 9 Item 5. - 17 1­113 -56- 27. SIGNATORIES 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 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29, EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 13-3772/97364 10 HB -57- Item 5. - 18 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. TIMMUNFIrk'" print name ITS: (circle one) Chainna: i.re�siden ce President AND 0 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk Dirtjof Community Services City Attorney tA,D .A.# yq� 13-3772/97364 11 Item 5. - 19 HB -58- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Un print name ITS: (circle one) Chairman/President/Vice President Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director of Community Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney I3-3772/97364 11 HB -59- Item 5. - 20 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, print name ITS: (circle one) Chairman/PresidentNice President KIM 17 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst, Secretary - Treasurer a INITIATED AND APPROVED: Dir of Community Services REVIE D AND APPROVED: C' a alter APPROVED AS TO FORM: Attorney � D cA tk 1 i-' r " "772/97364 11 Item 5. - 21 HB -60- ■ 117 e. colorado Blvd. suite 500 pasadena,ca 91105 626/796-8230 626J796-8735 www.dirgroup.com June 3, 2013 City of Huntington Beach Attn: Debbie DeBow 2000 Main Street Huntington Beach, California 92648 T: (714) 685-0185 ext. 204 RE: Huntington Beach Senior Center — Huntington Beach, California Project No.: ,Tii�G#iTa:Z+i�. e appreciate the opportunity to provide Professional Architectural and Engineering Services for the restart of the City of Huntington Beach Senior Center Project in Huntington Beach, California. DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs. This Proposal is based on the drawings that were originally prepared by KKE Architects in 2007 and our understanding of the project scope, KKE Architects merged with DLR Group in 2010 and all rights to the drawings are the property of DLR Group. Tilim- The Project is a the completion of drawings for a new one-story 45,290 square foot Senior Community Center on a 5-acre site with 225 parking spaces on grade. 01 Phase 100; Project Restart and Coordination DLR Group shall attend preliminary meetings with the City, access all drawings and CADD files from archives, and coordinate the restart of the drawings with original consultants familiar with the project. After reviewing the drawings that were completed in 2007 it is our understanding that they are 65-75% complete. This proposal is to complete the construction documents based on the original program and requirements set forth by the City of Huntington Beach. Since 2007 the codes have changed and the drawings require modifications to address these changes. Our understanding is the City will handle the project entilements and process with municipal approvals. In addition to these updates the following scope of work will be addressed: a. DLR will provide structural engineering services for the proposed building. c. DLR will provide Interior Design services for the proposed building. d. DLR will provide Mechanical, Plumbing, and Electrical Engineering Services for the proposed building;. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai f1B -61- Item 5. - 22 Huntington Beach Senior Center Page 2 e. Civil engineering services for onsite grading and utility plans, off site improvement plan, parcel map preparation, etc. are to be contracted directly by the Owner and are not a part of these services, other than coordination with the services of the disciplines described above. f. The automatic fire sprinkler system for this facility shall be engineered by aqua) if ied sprinkler engineering consultant employed by the Owner and is not included in the scope of this Proposal. g. DLR will coordinate the distribution of the documents, provide interpretation and clarification of drawings and specifications in written form and assist with the review of submitted bids. h. Meetings to provide value engineering and meetings with contractor beyond what is indicated will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses. L Changes made to the contract documents for value engineering will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses. Trips to and/or meetings with governing agencies shall generally be as deemed necessary for the purpose of clearing permits for the scope of services described above. However, in the event that extraordinary governmental submittals or approvals are required beyond that considered normal for this type of work or in the event that the governing agency approval process becomes inordinately lengthy, the client will be notified of the circumstances for the purpose of providing relief to the Architect. A maximum of four (4) trips (submittal and pick-up plus resubmittal and pick-up) to governing agencies are provided herein. Additional trips to governing agencies shall be provided on an hourly basis per the rate schedule. Phase 30: Construction Administration and Job Site Visits DLR Group will provide normal administration, coordination and preparation of documents during construction such as field reports and change orders, provide general clarification of plans as required by the General Contractor, review and process shop drawings, review RFI's and issuance of clarifications, review and process normal substitutions as submitted by the General Contractor and approved by the owner, DLR Group will provide site visitation and reporting during the Construction Administration period approximately once per month to a maximum of twelve (12) site visits. included in this number of site visits is the pre - construction meeting and final punch list visit. DLR will coordinate with Landscape consultant to provide two (2) site visits, including the pre -construction meeting. DLR will coordinate with interior Design consultant to provide three (3) site visits. Additional Consultant site visits will be billed as an additional service as needed. Travel costs associated with site visits will be billed as a reimbursable. III. ADDITIONAL SERVICES The above -described basic services are based on routine applications, which do not require special procedures or the preparation of additional information. All plans and other documents will be prepared only once. items of service that are not specified in the Scope shall not be assumed to be included. Should any unforeseen changes in the scope of service arise; the Client will be notified of the circumstances. if Additional Services/Changes in Services are required they will be performed as authorized by the Client and provided as additional services. The compensation of such additional services may be established based on a stipulated fee or on a Time & Materials basis, The Appendix A provides the hourly labor rates. iV. EXCLUSIONS The following items are further excluded from the Scope of this Agreement: • Interior design services • Civil Engineering Services; • Value engineering; • Entitlements Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapoiis Modesto . Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 5. - 23 UB -62- Huntington Beach Senior Center r Meetings with the general contractor toreview project other than what was indicated above; • Topographic and boundary surveys; • Soils Report • UEEDCerbfication m Environmental Impact Reports, Traffic Studies, Air Quality Studies; w Tentative maps, parcel maps, final maps, record ofsurveys, lot line adjustments; • Abatement ofcontaminated soil orhazardous materials; * Construction management and/or inspection services; • Agency fees for plan/document submittal and reviewing; w All off -site work beyond the immediate property line boundaries of the described project; w Pad certifications, special inspections, materials testing or construction surveys of any type; • Extended or Continuous On -Site project representation during the construction phase. The following fees are for the Basic Scope of Services and the fee does not include Additional Services. Phame30U Construction Administration and Site Visits: Time and Material until scope of work is identified VII. REIMBURSABLE EXPENSES Reimbursable expenses are inaddition tocompensation for Basic and Additional Services and include expenses incurred bythe Architect and the Architect's employees and consultants inthe interest ufthe Project. By signing this Proposal/Agreement, Client agrees to pay all costs, expenses and disbursements incurred by us with respect to the Project, Reimbursable expenses include: ground and air transportation; Project specific living expenses; electronic and hard copy reproduction costs, including large format scanning; mailing and shipping; electronic data; additional consultants; permits and fees; renderings, models; and costs of photography; consultant fees not included inthe Basic Fees, For any Reimbursable Expense, a multiple of one and one tenth (1.10) times the amount expended bythe Architect shall apply. Reimbursable expenses generated byadditional services will be billed separately. Pasadena Chicago ColoradoSprings Denver DesMoines Honolulu Irvine KansasCityuncoln Los Angeles Minneapolis Modesto Ornaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai 147AI"!M1111 Huntington Beach Senior Center Page 4 We appreciate the opportunity to work with you on this project, and look forward to its success. Please sign and return a copy of this proposal if it meets with your approval. Upon receipt of the signed proposal, we will prepare a formal agreement based on AIA Documents for your signature. Sincerely, ME= Brian Arial AIA Principal CA License #C-27582 Accepted: zzr � Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 5. - 25 HB -64- EXHIBIT B Huntington Beach Senior Center Page S APPENDIX A DLR GROUP STANDARD HOURLY BILLING RATES Senior Expert Discipline Leader Senior Professional Professional Professional Support Technical Clerical Effective January 2013 Subject to Periodic Adjustment $350.00 $225.00 $165.00 $140.00 $110.00 $ 85.00 $ 55.00 Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB -65- Item 5. - 26 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING This Amendment is made and entered into by and Beach, a California municipal corporation, hereinafter refers Group, a California corporation, hereinafter referred to as "t WHEREAS, City and Consultant are parties to that i 1, 2013, entitled "Professional Services Contract Between tl and DLR Group for Preparation of Plans and Specifications which agreement shall hereinafter be referred to as the "Ori City and Consultant wish to amend the Original Agr additional work to be performed, the additional compensati( extension of the term, ,een the City of Huntington I to as "City," and DLR nsultant." tain agreement dated July City of Huntington Beach r Senior Center Building," ral Agreement," and ment to reflect the to be paid, and the NOW, THEREFORE, IT IS AGREED by City and Consultant as follows: 1. ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including interior design, site furnishings and commissioning. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, an additional sum not to exceed one hundred ninety-two thousand dollars ($192,000.00). 2014. 3. TERM The services of Consultant are to be completed no later than December 31, 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 144252/110078 1 Item 5. - 27 1-113 -66- IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers. CONSULTANT, F-wo M print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CO NTERPART 14-4252/110078 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor it CityC-j1erk Director —of Community Services City Attorney HB -67- Item 5. - 28 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers. pant name ITS: (circle one) Chairma resider = ice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer 14-4252/1 i0078 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: r Dircctot 6f Community Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: Cit Attorney �� i; 's Item 5. - 29 HB -68- 117 e. colorado blvd. suite 500 pasadena, ca 91105 626/796-8230 626/796-8735 www.dirgroup.com June 4, 2014 (Revised) City of Huntington Beach Attn: David Dominguez 2000 Main Street Huntington Beach, California 92648 T: (714) 685-0185 ext. 204 RE: Huntington Beach Senior Center — Huntington Beach, California AS #1: Interior Design, CALgreen Project No.: 75-13765-00 Dear David, We appreciate the opportunity to provide Professional Interior Design Services, CALgreen Compliance Support and Construction Administration and Field Visits for the City of Huntington Beach Senior Center Project in Huntington Beach, California. DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs. PROJECT The Project is a the completion of drawings for a new one-story 45,290 square foot Senior Community Center on a 5-acre site with 225 parking spaces on grade. II. BASIC SCOPE OF INTERIOR SERVICES Interiors Design and Furniture Selection DLR will review the information and drawings provided by Style and complete the interior package and construction documents needed to pull the permit and communicate the design intent. Included in the fee are four (4) meetings with the client to review finishes. DLR Group will also work with the contractor and City to provide reasonable value engineering and alternates material selections to work towards a preferred budget. DLR will prepare a revised color and material board for team approval and make changes as requested. DLR will work with the City to provide furniture selection services and attend eight (8) meetings and or field visits to the site during construction. Additional meetings will be billed as an additional service. CALgreen Commissioning DLR Group and the MEP consultant will work with the third party CALgreen Consultant to provide support for the CALgreen efforts. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai xB -69- Item 5. - 30 Huntington Beach Senior Center Page 2 Ill. PROPOSED FEE The following fees are for the Basic Scope of Services and the fee does not include Additional Services. They will be billed on a lump sum percentage complete basis. Interior Design and Furniture Selection Interior Design Completion ................................................ $48,500.00 Furniture Selection............................................................. $63,000.00 Meetings and site visits........................................................ $8,000.00 Interior Design and Furniture Total ................................. $119,500.00 CALgreen Commissioning Support Third Party Commissioning ................................................ $28,000.00 Architecture......................................................................... $7,500.00 MEP Engineering................................................................ $12,500.00 CALgreen Commissioning Support Total ........................... $48,000.00 Sub Total......................................................................$167,500.00 Contingency for unanticipated Issues +/-10% ................... $16,500.00 Reimbursable Expense Allowance +/- 5% ........................... $8,000.00 Grand Total...................................................................$192,000.00 IV. REIMBURSABLE EXPENSES Estimated reimbursable expenses, that are identified in the master agreement, are included in the 'Reimbursable Expense Allowance' line item above and will be billed as a percentage complete to cover the expenses occur. V. EXCLUSIONS AND CLARIFICATIONS 1. Methane Barrier Coordination 2. Construction Administration 3. Fee assumes that the City of Huntington Beach owns the rights to the drawings prepared by Style 4. Furniture Procurement 5. LEED Certification 6. Environmental Impact Reports, Traffic Studies, Air Quality Studies. 7. Tentative maps, parcel maps, final maps, record of surveys, lot line adjustments. 8. Value engineering services and construction costing estimates, rough order of magnitude cost estimates. 9. Abatement of contaminated soil or hazardous materials on site and/or in building. 10. Construction management and/or inspection services. 11. Agency fees for plan/document submittal and reviewing. 12. Pad certifications, special inspections, materials testing or construction surveys of any type. 13. Fire alarm design, documents, agency reviews/approvals. 14. Fire sprinkler design, documents, and agency review/approvals. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 5. - 31 FIB -70- Huntington Beach Senior Center Page 3 We appreciate the opportunity to work with you on this project, and look forward to its success. If the above meets with your approval, we can simply adjust the master contract we have in place by this additional amount and scope of work. Sincerely, C el Brian Arial, AIA Principal CA License #C-27582 Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB - 71- Item 5. - 32 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca..gov Office of the City Clerk Joan L. Flynn, City Clerk November 25, 2014 DLR Group Attn: Brian Aria], A]A Principal 117 E. Colorado Blvd. Ste 500 Pasadena, CA 91105 Dear Mr. Arial: Enclosed for your records is a copy of "Amendment No. 2 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building." Sincerely, 10 e iJn L. Flynn City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan 0 Waitakere, New Zealand D�t ID CS/1*49-014 Page 1 of 2 Meeting Date: 6/16/2014 ���1)e 6 o CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/16/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services Travis K. Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No. 1 to the Agreement between the City and DLR Group for preparation of plans and specifications for Senior Center building; and, authorize appropriation of funds Statement of Issue: An amendment to the Professional Services Contract with DLR Group is needed to complete additional tasks associated with final delivery of the plans and specifications for the new senior center building. Financial Impact: An appropriation of $81,000 from the Park Acquisition and Development Fund balance (Fund 209) is required. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building;" and, B) Authorize the appropriation of $81,000 from the Park Acquisition and Development Fund balance (Fund 209) to Central Park Senior Center account 20945005.82800. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: On June 17, 2013, City Council approved a professional services contract with DLR Group to complete plans and specifications for a new senior center building in Huntington Central Park. The initial scope for DLR Group was to update and complete the plans and specifications for the senior center building. The plans were approximately 75% complete prior to the project being put on hold in 2009. As part of their original scope, DLR Group was to complete the plans and specification and to update sections of the plans already complete in order to comply with current building codes. DLR Group and its design team have brought the plans to 90% completion. In order to finalize all aspects of the plans, additional tasks are needed. These tasks include interior design, site furnishings and commissioning services for the HVAC system. Prior to the project being put on hold, MAKAR Properties was responsible for completing all elements of the plans — including interior design and site furnishings. MAKAR subcontracted these services to an Item 16. - 1 HB -332- Dept. ID CS 14-014 Page 2 of 2 Meeting Date: 6/16/2014 outside design firm. At the time of entering into the current contract with DLR Group, staff anticipated contracting directly with another design firm to complete the tasks. While working through completion of the plans, DLR Group has indicated that their design team can provide the needed services to finalize the interior design and furnishings for the site. They have submitted a scope of work to complete the tasks as well as to provide commissioning services for the HVAC system. Commissioning is intended to insure that HVAC systems operate at peak efficiency — in terms of energy climate control. Prior to 2010, commissioning was only a recommendation and also part of the process to make a facility LEED compliant. Commissioning is now part of the California Green Building Code Standards and is now a requirement. DLR Group is prepared to provide the support needed to complete the commissioning. The cost to provide these additional tasks totals $192,000, including contingency and reimbursable expenses. A total of $103,000 is currently available in the FY 2013-14 Central Park Senior Center budget. Therefore, a new appropriation from the Park Acquisition and Development Fund (PAD) of $81,000 is required to fully fund the amendment. Should City Council approve the amendment, staff anticipates the plans to be complete by the end of June and out to bid in early August. Per Administration Regulation Number 228 (AR228), Professional Services Contracts and amendments over $100,000 require the approval of City Council — therefore staff is requesting City Council approval and execution of Amendment No. 1 between the City and DRL Group for completion of plans and specifications for a Senior Center building. Environmental Status: All environmental requirements for the project were obtained as part of SEIR No. 07-002. A Notice of Determination was filed by the County Clerk on April 20, 2013. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1.) Amendment No.1 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" 2.) Professional Services Contract — DLR Group, dated 7/1/2013 3.) Scope of Work for Additional Services HB -333- Item 16. - 2 MENEM TA H M N AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and DLR Group, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated July 1, 2013, entitled "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed, the additional compensation to be paid, and the extension of the term, NOW, THEREFORE, IT IS AGREED by City and Consultant as follows: 1. ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including interior design, site furnishings and commissioning. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described above, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, an additional sum not to exceed one hundred ninety-two thousand dollars ($192,000.00). 2014. TERM The services of Consultant are to be completed no later than December 31, 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 144252/110078 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers. CONSULTANT, By: _ 7 (—.oJ0* i3RuAM 401 q 1. print name ITS: (circle one) Chairman/Preside ice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California t-711� Y v �2 Mayor �� ,fir �` kwr�7�w .I� �• •,; City Clerk INITIATED AND APPROVED: Director of Community Services APPROVED AS TO FORM: 0,-7rity Attorney (fig j t: S. a,'%- v 14-4252/110078 2 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by and through their authorized officers. CONSULTANT, By: 4//A print name ITS: (circle one) Chairm Presiden ice President AND By,: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: bii-6-46 of Commurnty Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: Cit Attorney - ;, -S s, a,'%- W 14-4252/110078 2 su ity INSURANCE AND INDEMNIFICATION WAIVER Bexh MODIFICATION REQUEST Hunan 1. Requested by: Jannen Laudenback, Director of Community Services 2. Date: June 9, 2014 3. Name of contractor/permittee: DLR Group Inc of California 4. Description of work to be performed: Parking Citation Processing Service 5. Value and length of contract: $192,000, Services to be completed no later than December 31, 2014. 6. Waiver/modification request: Professional Liability Insurance deductible of $25,000.00 7. Reason for request and why it should be granted: $1OK deductible not necessary based on type of service 8. Identify the risks to the City in approving this waiver/modification: None. 4�-�-Xx a)"— 6/5/14 Department Head Signature Date: APPROVALS , Approvals must.be obtained in the `order listed on this form. Two approvals are required :'fora request to be granted. -Approval "from`the'City Manager's Office is:only required if ' .. Risk Management and ity Attorney's0 ice disagree: 1. Management "_ Kk Approved ElDenied Signature ate 2. City Attorney's Office ,,Approved ❑ Denie LOL, a1 Signat Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the _ -ne City,Attor s O y' Office, the gnce the contracf has be approved, his form is,to be filed with the;Risk Mana ement Division of Human Resources De artment. Waiver Form.doc 6/9/2014 11:26:00 AM A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UNICO Group, Inc. 4435 O Street Lincoln, NE 68510 CONTACT NAME: UNICO Group, Inc. PHONE A/c No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Charter Oak Fire Insurancem + XV INSURED Pasadena - DLR Group inc. of California 117 East Colorado Blvd., Ste 500 INSURER B: United SpecialtyInsurance . A VIII INSURERC: INSURERD: Travelers Indemnity Com n A+ XV Pasadena CA 91105 INSURER E: Travelers CasuaI n r i A+ XV INSURER F : COVERAGES CERTIFICATE NUMBER: 17816369 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP YYY MM/DD/Y LIMITS A - GENERAL LIABILITY 630-9185N623-COF-13 10/1/2013 10/1/2014 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMA E TO RENTED PREMI ES Ea occurrence $ 300,000 CLAIMS -MADE ❑✓ OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMIT APPLIES PER : PRODUCTS -COMPIOPAGG $ 2,000,000 $ POLICY ,/ PRO- JECT �/ LOC A AUTOMOBILE LIABILITY 810-9185N623-COF-13 10/1/2013 10/1/2014 Ea eBcideD SINGLE LIMIT $ 1,000 000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED B SCHEDULED AUTOS GOWNED HIREOAUTOS NON AUTOS ?T `_'YPV.AS To r ` 1D O� BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A�"7?rr.li^_, $ ^*� a nx..��„ '� UMBRELLA LIAR HOCCUR GL, � �._.— � x . a,.y -r.z w EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE c�kh AGGREGATE $ DED RETENTION $ $ $ 7J1111W_ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Ya OFFICER/MEMBER EXCLUDED? N / A UB-9185N623-13 UB-0161 P573-13 CA Only 10/1/2013 10/1/2014 WC ORYLIMU- TORY LIMITS E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. OISEASE - POLICY LIMIT I $ 1,000,000 B Architects & Engineers USA4025024 10/1/2013 10/1/2014 Each Claim: $1,000,000 Professional Liability Aggregate: $1,000,000 Claims -Made Frm Deductible: 25 000 Each Claim DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Professional Services Contract; DLR Project #75-13765-00 Certificate Holder & Others (as stated in the contract)are Additional Insureds with respects the operations of the named insured under the Commercial General Liability coverage (CG 2010 1001) and Business Auto coverage (CAT3010299). CERTIFICATE HOLDER CANCELLATION 75-13765-00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityy of Huntington Beach 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648-2702 AUTHORIZED REPRESENTATIVE Q , J w!�II'_ � . r� LIN Robert L. Re noldson ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 17816369 CLIENT CODE: 3299 (LIN) Marci Elam 9/27/2013 8:50:46 AM Page 1 of 2 AGENCY CUSTOMER ID: 3299 LOC #: ,ac R ADDITIONAL REMARKS SCHEDULE Page of AGENCY UNICO Group, Inc. NAMED INSURED 117 East Colorado Blvd Ste ofCalifornia Pasadena CA 91105 POLICY NUMBER _ CARRIER 71_C CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (05/10) CERTIFICATE HOLDER: City of Huntington Beach ADDRESS: 2000 Main Street Huntington Beach CA 92648-2702 September 27, 2013: Professional Liability: Claims -Made Policy; Retro Date 6-1-86; Defense Is Included In The Limit; Policy Limits Are Aggregated; $25,000 Deductible Each Claim. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT CERT NO.: 17816369 CLIENT CODE: 3299 (LIN) Marci Elam 9/27/2013 8:50:46 AM Page 2 of 2 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-91 85NG23-COF-1 3 ISSUE DATE: 10-15-13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH CONTINUED ON CG T8 04 2000 MAIN STREET HUNTINGTON BEACH CA 92648-2702 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11 — Who Is An Insured is amended to such work, on the project (other than ser- include as an insured the person or organization vice, maintenance or repairs) to be per - shown in the Schedule, but only with respect to formed by or on behalf of the additional liability arising out of your ongoing operations per- insured(s) at the site of the covered op - formed for that insured. erations has been completed; or B. With respect to the insurance afforded to these (2) That portion of "your work" out of which additional insureds, the following exclusion is the injury or damage arises has been put added: to its intended use by any person or or- 2. Exclusions ganization other than another contractor This insurance does not apply to "bodily in- or subcontractor engaged in performing operations for a principal as a part of the jury" or "property damage" occurring after: same project. (1) All work, including materials, parts or equipment fumished in connection with CG 20 10 10 01 0 ISO Properties Inc., 2000 Page 1 of 1 POLICY NUMBER: 810-9185N623-COF-13 COMMERCIAL AUTO ISSUE DATE: 12- 3 -13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision 1. No liability is assumed by that person or organi- includes the person or organization indicated below, zation for the payment of any premiums stated in but only for his, her or its liability because of acts or the policy or earned under the policy. omissions of an "insured" under paragraphs a. or b. of 2. In the event of cancellation of the policy, written that provision, subject to the following additional pro- notice of cancellation will be mailed by us to that visions: person or organization. Person or Organization Address City of Huntington Beach, its elected or appointed officials, agents, officers, employees & volunteers 2000 Main Street Huntington Beach, CA 92648-2702 RE: All Operations of the Named Insured for the Certificate Holder; DLR Project #75-13765-00. CA T3 01 02 99 Page 1 of 1 ..b_.: _ e �� - �: - _ PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and DLR GROUP, a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare plans and specifications for Senior Center building; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Brian Arial, AIA Principal, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 11-1777/97364 1 Item 16. - 11 HB -342- 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on July 1, 2013 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one hundred eighty (180) days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Six Thousand Dollars ($206,000.). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 13-3772/97364 2 HB -343- Item 16. - 12 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "A." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 11-1111/97364 3 Item 16. - 13 HB -344- 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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 affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 13-3772/97364 4 HB -345- Item 16. - 14 waives the right to receive compensation and agrees to indernnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment " ''1''''/97364 5 Item 16. - 15 HB -346- compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. hi the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have 13-3772/97364 6 HB -347- Item 16. - 16 any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Community Services 2000 Main Street Huntington Beach, CA 92648 17, CONSENT TO CONSULTANT: DLR Group Attn: Brian Arial, AIA Principal 117 E. Colorado Blvd., Suite 500 Pasadena, CA 91105 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are t-4--1777t97364 7 Item 16. - 17 HB -348- included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 13-3772/97364 8 HB -349- Item 16. - 18 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 13-3772/97364 9 Item 16. - 19 1-113 -350- 27. SIGNATORIES 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 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 13-3772/97364 10 HB -351- Item 16. - 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: i Q tit Co Mayor print name ITS: (circle one) Chairma residcn cc President AND By. City Clerk print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer INITIATED AND APPROVED: Dir of Community Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: CityAttorney bViD 13-3772/97364 II Item 16. - 21 HB -352- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name Mayor ITS: (circle one) Chairmarr/PresidentNice President Secretary - Treasurer City Clerk INITIATED AND APPROVED: Director of Community Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney N'D O L013 13-3772/97364 11 HB -353- Item 16. - 22 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, print name ITS: (circle one) Chair►nan/President(Vice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 674� &jo� Mayor — q"n? O�' JW40 City ClerlU jjj it (I INITIATED AND APPROVED: Dir of Community Services REVIEWAD AND APPROVED: C' ager APPROVED AS TO FORM: Attorney bv'D ON i (� b _2� - /3 " '-1-1-) /973 64 11 Item 16. - 23 HB -3154- EXHIBIT A 16 DLR Group 117 e. colorado blvd. suite 500 pasadena,ca 91105 626/796-8230 626/796-8735 www.dlrgroup.com June 3, 2013 City of Huntington Beach Attn: Debbie DeBow 2000 Main Street Huntington Beach, California 92648 T: (714) 685-0185 ext. 204 RE: Huntington Beach Senior Center — Huntington Beach, California Project No.: Dear Ms. DeBow, We appreciate the opportunity to provide Professional Architectural and Engineering Services for the restart of the City of Huntington Beach Senior Center Project in Huntington Beach, California. DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs. This Proposal is based on the drawings that were originally prepared by KKE Architects in 2007 and our understanding of the project scope. KKE Architects merged with DLR Group in 2010 and all rights to the drawings are the property of DLR Group. 12-061l-ttf The Project is a the completion of drawings for a new one-story 45,290 square foot Senior Community Center on a 5-acre site with 225 parking spaces on grade. II. BASIC SCOPE OF SERVICES Phase 100: Project Restart and Coordination DLR Group shall attend preliminary meetings with the City, access all drawings and CADD files from archives, and coordinate the restart of the drawings with original consultants familiar with the project. Phase 200: Construction Documents Completion After reviewing the drawings that were completed in 2007 it is our understanding that they are 65-75% complete. This proposal is to complete the construction documents based on the original program and requirements set forth by the City of Huntington Beach. Since 2007 the codes have changed and the drawings require modifications to address these changes. Our understanding is the City will handle the project entilements and process with municipal approvals. In addition to these updates the following scope of work will be addressed: a. DLR will provide structural engineering services for the proposed building. b. DLR will provide Landscape/Hardscape services for the proposed building site. c. DLR will provide Interior Design services for the proposed building. d. DLR will provide Mechanical, Plumbing, and Electrical Engineering Services for the proposed building;. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas Clty Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB -355- Item 16. - 24 Huntington Beach Senior Center Page 2 e. Civil engineering services for onsite grading and utility plans, off site improvement plan, parcel map preparation, etc. are to be contracted directly by the Owner and are not a part of these services, other than coordination with the services of the disciplines described above. f. The automatic fire sprinkler system for this facility shall be engineered by a qualified sprinkler engineering consultant employed by the Owner and is not included in the scope of this Proposal. g. DLR will coordinate the distribution of the documents, provide interpretation and clarification of drawings and specifications in written form and assist with the review of submitted bids. h. Meetings to provide value engineering and meetings with contractor beyond what is indicated will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses. i. Changes made to the contract documents for value engineering will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses. Trips to and/or meetings with governing agencies shall generally be as deemed necessary for the purpose of clearing permits for the scope of services described above. However, in the event that extraordinary governmental submittals or approvals are required beyond that considered normal for this type of work or in the event that the governing agency approval process becomes inordinately lengthy, the client will be notified of the circumstances for the purpose of providing relief to the Architect. A maximum of four (4) trips (submittal and pick-up plus resubmittal and pick-up) to governing agencies are provided herein. Additional trips to governing agencies shall be provided on an hourly basis per the rate schedule. Phase 300: Construction Administration and Job Site Visits DLR Group will provide normal administration, coordination and preparation of documents during construction such as field reports and change orders, provide general clarification of plans as required by the General Contractor, review and process shop drawings, review RFI's and issuance of clarifications, review and process normal substitutions as submitted by the General Contractor and approved by the owner. DLR Group will provide site visitation and reporting during the Construction Administration period approximately once per month to a maximum of twelve (12) site visits. Included in this number of site visits is the pre - construction meeting and final punch list visit. DLR will coordinate with Landscape consultant to provide two (2) site visits, including the pre -construction meeting. DLR will coordinate with Interior Design consultant to provide three (3) site visits. Additional Consultant site visits will be billed as an additional service as needed. Travel costs associated with site visits will be billed as a reimbursable. III. ADDITIONAL SERVICES The above -described basic services are based on routine applications, which do not require special procedures or the preparation of additional information. All plans and other documents will be prepared only once. Items of service that are not specified in the Scope shall not be assumed to be Included. Should any unforeseen changes in the scope of service arise; the Client will be notified of the circumstances. If Additional Services/Changes in Services are required they will be performed as authorized by the Client and provided as additional services. The compensation of such additional services may be established based on a stipulated fee or on a Time & Materials basis. The Appendix A provides the hourly labor rates. IV. EXCLUSIONS The following items are further excluded from the Scope of this Agreement: • interior design services • Civil Engineering Services; • Value engineering; • Entitlements Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 16. - 25 HB -356- f 4:1:i(=�Fii�l Huntington Beach Senior Center Page 3 • Meetings with the general contractor to review project other than what was indicated above; • Topographic and boundary surveys; • Soils Report • LEED Certification • Environmental Impact Reports, Traffic Studies, Air Quality Studies; • Tentative maps, parcel maps, final maps, record of surveys, lot line adjustments, • Abatement of contaminated soil or hazardous materials; • Construction management and/or inspection services; • Agency fees for plan/document submittal and reviewing; • All off -site work beyond the immediate property line boundaries of the described project; • Pad certifications, special inspections, materials testing or construction surveys of any type; • Extended or Continuous On -Site project representation during the construction phase. V. PROPOSED FEE The following fees are for the Basic Scope of Services and the fee does not include Additional Services. Phase 100: Project Restart and Coordination Architectural ................................... $6,000.00 Structural ........................................ $2,500.00 Landscape/Hardscape .................... $2,000.00 MEP.......................................................NA Total ........................................... $10,500.00 Phase 200: Construction Documents: Architectural ................................. $75,000.00 Structural ...................................... $22,000.00 landscape/Hardscape .................. $28,000.00 MEP .............................................. $35,000.00 Total .......................................... $173, 500.00 Phase 300: Construction Administration and Site Visits: Time and Material until scope of work is identified Sub Total...................................$184,000.00 10% Contingency ........................ $18,400.00 VII. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's employees and consultants in the interest of the Project. By signi ng this Proposal/Agreement, Client agrees to pay all costs, expenses and disbursements incurred by us with respect to the Project. Reimbursable expenses include: ground and air transportation; Project specific living expenses; electronic and hard copy reproduction costs, including large format scanning; mailing and shipping; electronic data; additional consultants; permits and fees; renderings, models; and costs of photography; consultant fees not included in the Basic Fees. For any Reimbursable Expense, a multiple of one and one tenth (1.10) times the amount expended by the Architect shall apply. Reimbursable expenses generated by additional services will be billed separately. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai xB -3 s 7- Item 16. - 26 EXHIBIT Huntington Beach Senior Center Page 4 We appreciate the opportunity to work with you on this project, and look forward to its success. Please sign and return a copy of this proposal if it meets with your approval. Upon receipt of the signed proposal, we will prepare a formal agreement based on AIA Documents for your signature. Sincerely, DLR Group Accepted: /c3-?O Brian Arial, AIA Principal CA License #C-27582 City of Huntington Beach Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 16. - 27 HB -358- Huntington Beach Senior Center Page 5 APPENDIX A DLR GROUP STANDARD HOURLY BILLING RATES Senior Expert Discipline Leader Senior Professional Professional Professional Support Technical Clerical Effective January 2013 Subject to Periodic Adjustment $350.00 $225.00 $165.00 $140.00 $110.00 $ 85.00 $ 55.00 Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine KansasClty Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai xB -359- Item 16. - 28 Z2". tx.4h t ,� `h. ,.� �' s'. � 1' eC 5 5+! �.. 5.c � `S:?c: 'S '-L', M DLR Group 117 e. colorado blvd. suite 500 pasadena, ca 91105 626/796-8230 626/796-8735 www.dlrgroup.com June 4, 2014 (Revised) City of Huntington Beach Attn: David Dominguez 2000 Main Street Huntington Beach, California 92648 T: (714) 685-0185 ext. 204 RE: Huntington Beach Senior Center — Huntington Beach, California AS #1: Interior Design, CALgreen Project No.: 75-13765-00 Dear David, We appreciate the opportunity to provide Professional Interior Design Services, CALgreen Compliance Support and Construction Administration and Field Visits for the City of Huntington Beach Senior Center Project in Huntington Beach, California. DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs. I. PROJECT The Project is a the completion of drawings for a new one-story 45,290 square foot Senior Community Center on a 5-acre site with 225 parking spaces on grade. II. BASIC SCOPE OF INTERIOR SERVICES Interiors Design and Furniture Selection DLR will review the information and drawings provided by Style and complete the interior package and construction documents needed to pull the permit and communicate the design intent. Included in the fee are four (4) meetings with the client to review finishes. DLR Group will also work with the contractor and City to provide reasonable value engineering and alternates material selections to work towards a preferred budget. DLR will prepare a revised color and material board for team approval and make changes as requested. DLR will work with the City to provide furniture selection services and attend eight (8) meetings and or field visits to the site during construction. Additional meetings will be billed as an additional service. CALgreen Commissioning DLR Group and the MEP consultant will work with the third party CALgreen.Consultant to provide support for the CALgreen efforts. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai Item 16. - 29 xB -360- Huntington Beach Senior Center Page 2 III. PROPOSED FEE The following fees are for the Basic Scope of Services and the fee does not include Additional Services. They will be billed on a lump sum percentage complete basis. Interior Design and Furniture Selection Interior Design Completion ................................................ $48,500.00 Furniture Selection............................................................. $63,000.00 Meetings and site visits........................................................ $8,000.00 Interior Design and Furniture Total ................................. $119,500.00 CALgreen Commissioning Support Third Party Commissioning ................................................ $28,000.00 Architecture......................................................................... $7,500.00 MEP Engineering................................................................ $12,500.00 CALgreen Commissioning Support Total ........................... $48,000.00 Sub Total......................................................................$167,500.00 Contingency for unanticipated Issues +/-10% ................... $16,500.00 Reimbursable Expense Allowance +/- 5% ........................... $8,000.00 GrandTotal...................................................................$192,000.00 IV. REIMBURSABLE EXPENSES Estimated reimbursable expenses, that are identified in the master agreement, are included in the 'Reimbursable Expense Allowance' line item above and will be billed as a percentage complete to cover the expenses occur. V. EXCLUSIONS AND CLARIFICATIONS 1. Methane Barrier Coordination 2. Construction Administration 3. Fee assumes that the City of Huntington Beach owns the rights to the drawings prepared by Style 4. Furniture Procurement 5. LEED Certification 6. Environmental Impact Reports, Traffic Studies, Air Quality Studies. 7. Tentative maps, parcel maps, final maps, record of surveys, lot line adjustments. 8. Value engineering services and construction costing estimates, rough order of magnitude cost estimates. 9. Abatement of contaminated soil or hazardous materials on site and/or in building. 10. Construction management and/or inspection services. 11. Agency fees for plan/document submittal and reviewing. 12. Pad certifications, special inspections, materials testing or construction surveys of any type. 13. Fire alarm design, documents, agency reviews/approvals. 14. Fire sprinkler design , documents, and agency review/approvals. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanehai HB -361- Item 16. - 30 Huntington Beach Senior Center Page 3 We appreciate the opportunity to work with you on this project, and look forward to its success. If the above meets with your approval, we can simply adjust the master contract we have in place by this additional amount and scope of work. Sincerely, DLR Group Brian Arial, AIA Principal CA License #C-27582 Pasadena Modesto Item 16. - 31 Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai HB -362- City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 19, 2014 DLR Group Attn: Brian Arial, AIA Principal 117 E. Colorado Blvd., Ste. 500 Pasadena, CA 91105 Dear Mr. Arial: Enclosed for your records is a duplicate original of "Amendment No. 1 to Agreement Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building." Sincerely, e ij L. Flynn, CMC City Clerk JF•pe Enclosure -r. Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) 3, C. 64alz,r S� Rls< Dept. ID CS 13-010 Page 1 of 3 rt� Meeting Date: 7/1/2013 Mma&-b 7 -o CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/1/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Interim Director of Community Services Travis K. Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of a professional services contract with DLR Group for the completion of plans and specifications for a new Senior Center in Huntinaton Central Park Statement of Issue: As part of the 2012/2013 Capital Improvement Project list, City Council approved funding to complete the construction plans and specifications for a new senior center in Huntington Central Park. There is a need for City Council to approve a professional services contract with the architectural firm of DLR Group to finalize the plans and specifications. Financial Impact: Funding in the amount of $300,000 has been approved as part of the FY 2012/13 budget in account #20945005.82800. In addition a total of $91,565 and $28,500 is available from U.S. Department of Housing and Urban Development (HUD), EDI grant # B06SPCAS0090 and HUD, EDI Grant #B09SPCA0130 respectively. The EDI grant #1306SPCA0090 award was approved by City Council on July 2, 2007; EDI grant #B09SPCA0130 was awarded by HUD on April 26, 2011; however, needs to be accepted by the City Council and appropriated for expenditures. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" in Huntington Central Park; and, B) Approve utilizing funding in the amount of $234,000 under HUD, EDI for plans and specifications related to the senior project; and, C) Accept the EDI Grant #B09SPCA00130 award of $142,500 from HUD for preparation for a new Senior Center; and, D) Authorize the appropriation of $142,500 from Grant #B09SPCA00130 for drawdown reimbursement in Fund 994 HUD EDI #130 as follows: $28,500 in Account 99445102.69365 (Professional Services) and $114,000 in Account 94945102.82800 (Other Improvements); and, E) Authorize the appropriation of $91,565 from Grant #B06SPCAS0090 for drawdown reimbursement in Fund 994 HUD EDI #90 Account 99445101.69365 (Professional Services). HB -43- Item 5. - I Dept. ID CS 13-010 Page 2 of 3 Meeting Date: 7/1/2013 Alternative Actioh(s):, Do not approve professional services contract and funding sources as requested and direct staff accordingly. Analysis: On April 16, 2012, City Council approved Conditional Use Permit No. 07-039(R), Subsequent Environmental Impact Report — SEIR No. 07-002 and General Plan Amendment No. 11-004, for the construction of a 37,563 square foot senior center in Central Park. The approved location for the facility is within an undeveloped portion of the park immediately west of Goldenwest Street and to the immediate south of the terminus of Talbert Avenue. Areas surrounding the facility location include undeveloped parkland and the Shipley Nature Center to the north, developed parkland to the west, the disc golf course and Equestrian Center to the south, and the Sports Complex across Goldenwest Street to the east. In 2009, the project was halted due to legal challenges. Prior to the challenge, MAKAR Properties was responsible for completing the design and construction of a new senior center under the conditions of an Owner Participation Agreement. During that time, staff worked with the architectural and engineering firms under contract with MAKAR Properties for the design of the project. Prior to the lawsuit being filed, architectural, civil, and traffic engineering plans were approximately 75% complete. However, due to the uncertainty and the time required to go through the legal process, a decision was made to delay the completion of the construction documents until a decision was reached on the legalities of the project. As directed by the court, staff completed a Subsequent Environmental Impact Report (SEIR) to further study potential alternative locations for the senior center. On April 9, 2013, the City received a copy of the Minute Order from the Superior Court that the SEIR adequately addressed the issues of the lawsuit and was therefore in compliance with CEQA. On April 16, 2012, City Council approved the Subsequent EIR No. 07-002 along with General Plan Amendment No. 11-004 and Conditional Use Permit No. 07-039R. In anticipation of a positive ruling from the court, City Council approved a project to complete the plans and specifications for the part of the current fiscal year Capital Improvement Project list. Funding in the amount of $300,000 has been budgeted in account #20945005.82800 to complete the plans. Additionally, two Economic Development Initiative grants under HUD have also been received for the project. Grant #BOSPCA0090 in the amount of $99,000 was approved by City Council on July 2, 2007. Only one drawdown in the amount of $7,035 was made prior to the project being halted. The funding term for this grant will expire on September 31, 2013, and per federal guidelines cannot be extended. Due to the anticipated time needed to complete the construction documents, there may not be enough billable work to receive the entire remaining balance in the grant fund. The second grant — Grant #8209SPCA0130 in the amount of $142,500 was awarded by HUD on April 26, 2011. This grant requires acceptance by City Council and for appropriation and expenditure on the project. Funding amounts in this grant that can be utilized for this stage of the project are limited to $28,500. Staff's intention is to utilize the grant funding available and have the Park Acquisition and Development Fund provide the balance of the $300,000 project total. Since the project has received the required entitlements, completion of the remaining architectural, civil and traffic engineering will make the project as originally approved "shovel ready" once funding for construction becomes available. Having a fully entitled and construction ready project will also improve opportunities for additional grants and other funding sources. Prior to the delays in the project, the firm under contract with MAKAR Properties, KKE Architects completed design on the project, including construction documents to about 75%. KKE Architects has since been acquired by DLR Group and the construction drawings completed by KKE are now the property of DLR Group. Staff is therefore recommending that City Council approve entering into Item 5. - 2 HB -44- Dept. ID CS 13-010 Page 3 of 3 Meeting Date: 7/1/2013 a professional services agreement with DLR Group since they own the base documents and are in a unique position to complete the plans and specifications as originally approved. Staff received a proposal identifying a fee not -to -exceed $206,000 to complete the construction documents and specifications including structural, mechanical, plumbing, and electrical engineering as well as updating the plans to comply with current building codes. In addition, FUSCOE Engineering and Linscott, Law and Greenspan (LLG) were also part of the original project team under contract with MAKAR Properties. FUSCOE Engineering is the civil engineer of record for the plans and it is therefore recommended that their services once again be obtained to complete the civil plans for the project. Staff has received a proposal from FUSCOE Engineering to complete the remaining work on a time and material basis not -to -exceed $48,500. LLG has submitted a proposal to complete traffic engineering for the project including traffic signal modifications at Goldenwest Street and Talbert Avenue. A total of $7,500 is needed to finalize this work. Based on the substantial and specialized work that has been completed, there is justification to enter into professional services contracts with each of the three firms. A constructability analysis and potential phasing plan will also be part of the process to finalize the plans and specifications for the project. Staff has received a proposal from Griffin Structures to perform these tasks in the amount of $28,950. As an added benefit, one of the key project team members that was previously with KKE Architects currently works for Griffin Structures and is therefore very familiar with the project. Per Administration Regulation Number 228 (AR228), Professional Service Contracts over $100,000 require the approval of City Council — therefore staff is requesting City Council approval and execution of a Professional Services Contract with DLR Group. (Attachment 1) Professional Services Contracts under $50,000, however, may be entered into directly by Department Heads per AR228. Sole Source justifications for each of the firms have also been approved per City policy. (Attachments 2 through 4) Environmental Status: All environmental requirements for the project were obtained as part of SEIR No. 07-002. A Notice of Determination was filed by the County Clerk on April 20, 2013. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1) Professional Services Contract DLR Group 2) Sole Source Justification — DLR Group 3) Sole Source Justification — Fusco Engineering 4) Sole Source Justification — Linscott Law and Greenspan Engineers xB -45- Item 5. - 3 ATTACHMENT #1 Item 5. - 4 HB -46- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLR GROUP FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR SENIOR CENTER BUILDING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and DLR GROUP, a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare plans and specifications for Senior Center building; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Brian Arial, AIA Principal, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 13-3772/97364 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on July 1, 2013 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one hundred eighty (180) days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Six Thousand Dollars ($206,000.). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 13-3772/97364 2 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "A." 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged, negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 13-3772/97364 3 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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 affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 13-3772/97364 4 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment 13-3772/97364 5 compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have 13-3772/97364 6 any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Community Services 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: DLR Group Attn: Brian Arial, AIA Principal 117 E. Colorado Blvd., Suite 500 Pasadena, CA 91105 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are 13-3772/97364 7 included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 13-3772/97364 8 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 13-3772/97364 9 27. SIGNATORIES 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 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 13-3772/97364 10 IN WITNESS WHEREOF, the parties °hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT; CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California r � By: A j r 4 v't Cc, - e o Mayor print name ITS: (circle one) Chairma residen ce President ANI) By: City Clerk print name ITS: (circle one) Secretary/Chief Financial Officer/Asst, INITIATED AND APPROVED: Secretary - Treasurer Dit of Community Services REVIEWED AND APPROVED: COUNTERPART City Manager APPROVED AS TO FORM: City Attorney big-) c l;L:, ' 13-3772/97364 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, print name ITS: (circle one) Chairman/PresidenWice President AND ° By: prin name )[�'S: (circle cr ~ r f Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director of Community Services REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney bYD vAl-1( 13-3772/97364 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, M. print name ITS: (circle one) Chairman/PresidentNice President AND LE print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California O Mayor i a�iriY City Clerl jj� it V INITIATED AND APPROVED: Dirty ir of Community Services REVIEW D AND APPROVED: Ci yAiayager to -2'' '3 13-3772/97364 11 EXHIBIT A 117 e. colorado blvd. suite 500 pasadena,ca 91105 626/796-8230 626/796-8735 www.dirgroup.com June 3, 2013 City of Huntington Beach Attn: Debbie DeBow 2000 Main Street Huntington Beach, California 92648 T: (714) 685-0185 ext. 204 RE: Huntington Beach Senior Center — Huntington Beach, California Project No.: Dear Ms. DeBow, We appreciate the opportunity to provide Professional Architectural and Engineering Services for the restart of the City of Huntington Beach Senior Center Project in Huntington Beach, California. DLR Group is pleased to submit this fee Proposal and we sincerely hope that it meets with your needs. This Proposal is based on the drawings that were originally prepared by KKE.Architects in 2007 and our understanding of the project scope. KKE Architects merged with DLR Group in 2010 and all rights to the drawings are the property of DLR Group. PROJECT The Project is a the completion of drawings for a new one-story 45,290 square foot Senior Community Center on a 5-acre site with 225 parking spaces on grade. II. BASIC SCOPE OF SERVICES Phase 100: Project Restart and Coordination DLR Group shall attend preliminary meetings with the City, access all drawings and CADD files from archives, and coordinate the restart of the drawings with original consultants familiar with the project. Phase 200: Construction Documents Completion After reviewing the drawings that were completed in 2007 it is our understanding that they are 65-75% complete. This proposal is to complete the construction documents based on the original program and requirements set forth by the City of Huntington Beach. Since 2007 the codes have changed and the drawings require modifications to address these changes. Our understanding is the City will handle the project entilements and process with municipal approvals. In addition to these updates the following scope of work will be addressed: a. DLR will provide structural engineering services for the proposed building. b. DLR will provide Landscape/Handscape services for the proposed building site. c. DLR will provide Interior Design services for the proposed building. d. DLR will provide Mechanical, Plumbing, and Electrical Engineering Services for the proposed building;. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai EXHIBIT A Huntington Beach Senior Center Page 2 e. Civil engineering services for onsite grading and utility plans, off site improvement plan, parcel map preparation, etc. are to be contracted directly by the Owner and are not a part of these services, other than coordination with the services of the disciplines described above. f. The automatic fire sprinkler system for this facility shall be engineered by a qualified sprinkler engineering consultant employed by the Owner and is not included in the scope of this Proposal. g. DLR will coordinate the distribution of the documents, provide interpretation and clarification of drawings and specifications in written form and assist with the review of submitted bids. h. Meetings to provide value engineering and meetings with contractor beyond what is indicated will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses. I. Changes made to the contract documents for value engineering will be billed on an hourly basis per the attached Appendix A plus reimbursable expenses. Trips to and/or meetings with governing agencies shall generally be as deemed necessary for the purpose of clearing permits for the scope of services described above. However, in the event that extraordinary governmental submittals or approvals are required beyond that considered normal for this type of work or in the event that the governing agency approval process becomes inordinately lengthy, the client will be notified of the circumstances for the purpose of providing relief to the Architect. A maximum of four (4) trips (submittal and pick-up plus resubmittal and pick-up) to governing agencies are provided herein. Additional trips to governing agencies shall be provided on an hourly basis per the rate schedule. Phase 300: Construction Administration and Job Site Visits DLR Group will provide normal administration, coordination and preparation of documents during construction such as field reports and change orders, provide general clarification of plans as required by the General Contractor, review and process shop drawings, review RFI's and issuance of clarifications, review and process normal substitutions as submitted by the General Contractor and approved by the owner. DLR Group will provide site visitation and reporting during the Construction Administration period approximately once per month to a maximum of twelve (12) site visits. Included in this number of site visits is the pre - construction meeting and final punch list visit. DLR will coordinate with Landscape consultant to provide two (2) site visits, including the pre -construction meeting. DLR will coordinate with Interior Design consultant to provide three (3) site visits. Additional Consultant site visits will be billed as an additional service as needed. Travel costs associated with site visits will be billed as a reimbursable. III. ADDITIONAL SERVICES The above -described basic services are based on routine applications, which do not require special procedures or the preparation of additional information. All plans and other documents will be prepared only once. Items of service that are not specified in the Scope shall not be assumed to be included. Should any unforeseen changes in the scope of service arise; the Client will be notified of the circumstances. If Additional Services/Changes in Services are required they will be performed as authorized by the Client and provided as additional services. The compensation of such additional services may be established based on a stipulated fee or on a Time & Materials basis. The Appendix A provides the hourly labor rates. IV. EXCLUSIONS The following items are further excluded from the Scope of this Agreement: • Interior design services • Civil Engineering Services; • Value engineering; • Entitlements Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai EXHIBIT A Huntington Beach Senior Center Page 3 • Meetings with the general contractor to review project other than what was indicated above; • Topographic and boundary surveys; • Soils Report • LEED Certification • Environmental Impact Reports, Traffic Studies, Air Quality Studies; • Tentative maps, parcel maps, final maps, record of surveys, lot line adjustments; • Abatement of contaminated soil or hazardous materials; • Construction management and/or inspection services; • Agency fees for plan/document submittal and reviewing; • All off -site work beyond the immediate property line boundaries of the described project; • Pad certifications, special inspections, materials testing or construction surveys of any type; • Extended or Continuous On -Site project representation during the construction phase. V. PROPOSED FEE The following fees are for the Basic Scope of Services and the fee does not include Additional Services. Phase 100: Project Restart and Coordination Architectural ................................... $6,000.00 Structural ........................................ $2,500.00 Landscape/Hardscape .................... $2,000.00 MEP.......................................................NA Total ........................................... $10,500.00 Phase 200: Construction Documents: Architectural ................................. $75,000.00 Structural ...................................... $22,000.00 Landscape/Hardscape .................. $28,000.00 MEP .............................................. $35,000.00 Total .......................................... $173, 500.00 Phase 300: Construction Administration and Site Visits: Time and Material until scope of work is identified Sub Total...................................$184,000.00 10% Contingency ........................ $18,400.00 VII. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's employees and consultants in the interest of the Project. By signing this Proposal/Agreement, Client agrees to pay all costs, expenses and disbursements incurred by us with respect to the Project. Reimbursable expenses include: ground and air transportation; Project specific living expenses; electronic and hard copy reproduction costs, including large format scanning; mailing and shipping; electronic data; additional consultants; permits and fees; renderings, models; and costs of photography; consultant fees not included in the Basic Fees. For any Reimbursable Expense, a multiple of one and one tenth (1.10) times the amount expended by the Architect shall apply. Reimbursable expenses generated by additional services will be billed separately. Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai EXHIBIT A Huntington Beach Senior Center Page 4 We appreciate the opportunity to work with you on this project, and look forward to its success. Please sign and return a copy of this proposal if it meets with your approval. Upon receipt of the signed proposal, we will prepare a formal agreement based on AIA Documents for your signature. Sincerely, DLR Group Brian Arial, AIA Principal CA License #C-27582 Accepted: City of Huntington Beach Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai EXHIBIT B Huntington Beach Senior Center Page 5 APPENDIX A DLR GROUP STANDARD HOURLY BILLING RATES Senior Expert Discipline Leader Senior Professional Professional Professional Support Technical Clerical Effective January 2013 Subject to Periodic Adjustment $350.00 $225.00 $165.00 $140.00 $110.00 $ 85.00 $ 55.00 Pasadena Chicago Colorado Springs Denver Des Moines Honolulu Irvine Kansas City Lincoln Los Angeles Minneapolis Modesto Omaha Orlando Palm Springs Phoenix Portland Riverside Seattle Tucson Sacramento Shanghai 64�.. CERTIFICATE ®F LIABILITY INSURANCE DATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UNICO Group, Inc. 4435 O Street Lincoln, NE 68510 CONTACT NAME: UNICO Group. In PHONE 1 No E t 4- AIC No: 4 - 4- E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # - INSURERA: Charter Oak FireInsurance Company A+ INSURED Pasadena - DLR Group inc. of California INSURER B : Century Surety Company A- IX 117 East Colorado Blvd., Ste 500 INSURER C: INSURER D: Tra+ Pasadena CA 91105 INSURER E: Travelers CasuaI rl A+ XV INSURER F : COVERAGES CERTIFICATE NUMBER: 16825211 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDDNYYY LIMITS A GENERAL LIABILITY 630-9185N623-COF-12 \ 10/1/2012 10/1/2013 EACH OCCURRENCE $ 1,000,000 (RENTED DAMAG'PREMISES PREMISESS Ea occurrence $ 300,000 COMMERCIAL GENERAL LIABILITY -) MED EXP (Any one person) $ 10,000 CLAIMS -MADE I:z OCCUR PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY ,/ JFCT PRO ,/ LOC - A AUTOMOBILE LIABILITY 810-9185N623-COF-12 10/1/2012 10/1/2013 CEOMaBcaeDtSINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ ,/ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS Peoaca eMDAMAGE $ $ A S T Yit{3�IED UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED Ll RETENTION$ $ !►A $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN UB-9185N623-12 UB-0161 P573-12 CA Only 10/1/2012 10/1/2013 C STATU- OER TWORY LIMITS E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N I A E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Architects & Engineers CCP271569-11 10/1/2012 10/1/2013 Each Claim: $1,000,000 Professional Liability Aggregate: $1,000,000 Claims -Made Frm I Deductible: $25,000 (Each Claim) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) r RE: Professional Services Contract; DLR Project #75-1-3765-00 Certificate Holder & Others (as stated iri the contract)are Additional Insureds with respects the operations of the named insured under the Commercial General Liability coverage (CG 2010 1001) and Business Auto coverage (CAT3010299). CERTIFICATE HOLDER CANCELLATION 75-13765-00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ClIt. yy of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648-2702 AUTHORIZED REPRESENTATIVE - gp i lr LIN Robert L. Re noldson ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 16825211 CLIENT CODE: 3299 (LIN) Marci Elam 6/27/2013 9:18:07 AM Page 1 of 2 AGENCY CUSTOMER ID: 3299 LOC #: •. A � ADDITIONAL REMARKS SCHEDULE Page of AGENCY UNICO Group, Inc. NAMED INSURED 117 East Colorado Blvd., Ste ofCalifornia Pasadena CA 91105 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: AUUI I IUNAL THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (05/10) CERTIFICATE HOLDER: City of Huntington Beach ADDRESS: 2000 Main Street Huntington Beach CA 92648-2702 September 30, 2012: Professional Liability: Claims -Made Policy; Retro Date 6-1-86; Defense Is Included In The Limit; Policy Limits Are Aggregated; $25,000 Deductible Each Claim. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rlgnts reservea. The ACORD name and logo are registered marks of ACORD ATTACHMENT CERT NO.: 16825211 CLIENT CODE: 2299 (LIN) Marci Elam 6/27/2012 9:18:07 AM Page 2 of 2 COMMERCIAL GENERAL LIABILJTY _. _ __ - June 27, 2013 POLICY NUMBER: P-63fl--9185N6�3-Ct7F-j 2 1 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL OWNERS, R CONTRACTORS PERSON !' `" A TION This endorsement modifies Insurance provided under the follov ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its elected or appointed officials, agents, officers, employees & volunteers 2000 Main Street Huntington Beach, CA 92648-2702 RE: All Operations of the Named Insured for the Certificate Holder; DLR-Project #75-13765-01 0._, (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement,) A. Section H — Who Is An Insured is amended to such work, on the project (other than ser- include as an insured the person or organization vice, maintenance or repairs) to be per - shown in the Schedule, but only with respect to formed by or on behalf of the additional Lability arising out'of your ongoing operations per- insureds) at the site of the covered op - formed forthat insured. erations has been completed; or B. With respect to the insurance afforded to these (2) That portion of "your work" out of which additional insureds, the following exclusion is the injury or damage arises has been put added: to its intended use by any person or or- 2. Exclusions ganization other than another contractor This insurance does not apply to "bodily in- or subcontractor engaged in performing pp y y operations for a principal as a part of the jury" or "property damage" occurring after. same project. (1) Ali work, including materials, parts or equipment furnished in connection with CG 20 10 10 01 0 ISO Properties Inc., 2000 Page I of 1 POLICY NUMBER: COMMERCIAL AUTO ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision 1. No liability is assumed by that person or organi- includes the person or organization indicated below, zation for the payment of any premiums stated in but only for his, her or its liability because of acts or the policy or earned under the policy. omissions of an "insured" under paragraphs a. or b. of 2. In the event of cancellation of the policy, written that provision, subject to the following additional pro- notice of cancellation will be mailed by us to that visions: person or organization. Person or Organization Address City of Huntington Beach, its elected or appointed officials, agents, officers, employees & volunteers 2000 Main Street Huntington Beach, CA 92648-2702 RE: All Operations of the Named Insured for the Certificate Holder; DLR Project #75-1.3765-00_ CA T3 01 02 99 Page 1 of 1 2 -ATTACHMENT ti II���TdtiGT v RECEIVED CITY F — N T O N BEACH 1 H S -Source Justification Ole C 4 (For use on all goods and services acquisitions.) This justification document consists of two (2) pages. All information must be provided and all questions must be answered. The "Required Approvals" section must include a date for each signature, as appropriate for the transaction. _RequestingDepartment Information : Date: June 2, 2013 Requestor Name: David Dominguez Division Manager: David Dominguez (Type names. Do not sign.) Department: Community Services Department Head: Janeen Laudenback (Type names. Do not sign. Must be same as signature below. .., Dep arfinent Contact'Information Contact Name: David Dominguez Street Address: Telephone: x5309 Fax: 714.374-1654 Shipping Address: Cellular hone: nfore"Cact Rmation : Contractor/Supplier Name: DLR Group Contractor/Supplier Address: 117 East Colorado Blvd Suite 500 Contractor/Supplier City/State/Zip: Pasadena, CA 91105 Original Contract Amount:* Amendment Amount:* (if applicable) New Contract Amount:* $N/A $N/A $206,000 (*Includes original contract and previously ("Includes original contract and all amendments, approved amendments) (*Current amendment only) including current amendment) Provide a brief description of the acquisition, including all goods and/or services the contractor willprovide: Contractor will complete construction documents for a new senior center in Huntington Central Park. e ; . Contract Type, and Term Contract Type: Contract Term: What account number will be used to purchase? Select One: ❑ Goods Begin: i't^ Business Unit. - Service ❑ Goods & Services End: i - 1 - !Y �c - C Object Code: V Z i) C) 0 Re wired A royals 4g. Department Head Denied Fiscal Services Manager Approved Director of Finance D ut City Administrator ❑ Denied Approved ❑ ('2 Denied /•❑ App ved ❑ Denied jrpr ed j �/� �— I Signature t Signature Signature S' nature 00&zz1 G - 3 - Zo 3 �o�2y�t Date Date Date ate (Transactions exceeding $50,000 must be approved by City Council) CITY OF HUNTINGTON BEACH Sole Source Juscation (For use on all goods and services acquisitions.) R V =&'I I V LOA 111 o I i 21. Why is the acquisition restricted to this goods/services/supplier? (Explain why the acquisition cannot be competitively bid.) Prior to delay in the senior center project due to a legal challenge, the firm of KKE was under contract with MAKAR Properties to complete the design and construction documents. KKE has since been acquired by DLR Group and the construction drawings completed by KKE are now the property of DLR. The construction documents are about 76% complete. Going with another design firm to complete the construction documents would require the City to start from scratch - resulting in signcant costs and time delays in the project. 2. Provide the background of events leading to this acquisition. As part of the current CIP, City Council approved a budget of $300,000 to complete the construction plans and specifications for the senior center. Staffs intent was to request a proposal from KKE, since they substanially completed most of the work. DLRI acquired KKE and therefore own the construction drawings. Staff therefore requested a proposal to complete the work. k;. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?). DLR owns the rights to the construction plans - which are approximately 751 complete. DLR is in a position to simply complete the remaining 25%. Contracting with another firm would result in the desi and engineering process to re -start from the ground level. I 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? Going with another supplier would result in a �large cost increase for the project. The approved funding in the current CIP budget would not be sufficient to complete the project. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.) No research was conducted due to the unique situation of DLR owning the rights to the construction documents and the fact that they have the ability and experience to complete the project. B. PRICE ANALYSIS 1. How was the price offered determined to be fe HB -65- isonable? Item 5. - 23 (Explain what the basis was for comparison and include cost analyses as applicable.) The cost to complete the plans was reviewed by the City Engineer and were determined to"be-in-line with current industry rates. 2. Describe any cost savings realized or costs avoided by acquiring the goodsiservices from this supplier. There will be a significant cost savings in only having to complete the remainding 26% of the construction documents. Remit completed form to: City of Huntington Beach — Purchasing Division 2000 Main Street, Huntington Beach, CA 92648-2702 Item 5. - 24 HB -66- City of Huntington Beach Trial Balance Report Object Adopted Revised Actual Encumbrance Account FY 2012/13 FY 2012/13 FY 2012113 FY 2012/13 20945005 - Central Park Senior Center 82800 - Other Improvement 300,000 Avail Funds FY 2012/13 300,000 82000 - Improvements 300,000 300,000 AP T I$b i E 9u t ��� � �== �- �t� Nilti�N��i""�-FIN ME�, 50000 - EXPENDITURES 300,000 300,000 s^ p r I t , �� I i �� —_._ RECEIVED CITY OF HUNTINGTON BEACH JUN 0412013 Sole -Source Justification >' (For use on all goods and services acquisitions.) This justification document consists of two (2) pages. All information must be provided and all questions must be answered. The "Required Approvals" section must include a date for each signature, as appropriate for the transaction. �r R equesting Department Information rr Date: June 2, 2013 Requestor Name: David Dominguez Division Manager: David Dominguez (Type names. Do not sign.) Department: Community Services Department Head: Janeen Laudenback (Type names. Do not sign. Must be same as signature below.) D"e artrrient Contact Information ,<x Contact Name: David Dominguez Street Address: Telephone: x5309 Fax: 714.374-1654 Shipping Address: Cellular hone: Re wired Contact�lnformation Contractor/Supplier Name: FUSCOE Engineering Contractor/Supplier Address: 16795 Von Karman Suite 100 Contractor/Supplier City/State/Zip: Irvine, CA 92606 Original Contract Amount:* Amendment Amount:* (if applicable) New Contract Amount:* $N/A $N/A $48,500 (*Includes original contract and previously (*Includes original contract and all amendments, approved amendments) (*Current amendment only) including current amendment) Provide a brief description of the acquisition, including all goods and/or services the contractor will provide: Contractor will complete the civil engineering portion of the construction documents for a new senior center in Huntington Central Park. M C y ontracf Type and Term Contract Type: Contract Term: What account number will be used to purchase? Select One: ❑ Goods Begin: �1 1 Business Unit: ZU j '/ S U U ® Service ❑ Goods & Services End: Object Code: 2r 2 �—ocj 4 Re ulred A _ rovals _ Department Head Fiscal Services M nager /Denied Director of Finance aproved De g ity Administrator ❑ roved ❑ Denied M Apprev ❑ ❑ Denied ppr ed Denied t�N Si ture & ��7 I date Signature /0� ice_ Signature -� - Zol,3 Sign ture Date Date Date (Transactions exceeding $50,000 must be approved by City Council) CITY OF HUNTINGTON BEAM Sole Source Justification (For use on all goods and services acquisitions.) J i I 1. Why is the acquisition restricted to this goodstservices/supplier? (Explain why the. acquisition cannot be competitively bid.) Prior to delay in the senior center project due to a legal challenge, FUSCOE Engineering was under contract with MAKAR Properties to complete the civil plans for the project. The plans and specifications for the project are about 75% complete and FUSCOE is the engineer of record for the plans. 2. Provide the background of events leading to this acquisition. As part of the current CIP, City Council approved a budget of $300,000 to complete the construction plan - and specifications for the senior center. The services of FUSCOE Engineerign are needed to complete t - civil plans for the project FUSCOE is the engineer of record for the plans and they are very familiar with the project - having completed subtantial work on the plans. I 3. Describe the uniqueness of the acquison (why was the goodiservice/supplier chosen?). FUSCOE is the engineer of record for the plans for the senior center. They have completed substantial work on the plans and their familiarity with project puts them in the best position to complete the plans in a cost effective and timely manner. 4. What are the consequences of not purchasing the goodstservices or contracting with the proposed supplier? Going with another supplier would result in a large cost increase for the project. The approved funding ir the current CIP budget would not be sufficient to complete the project. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.) No research was conducted due to the unique situation of FUSCOE being the engineer of record for the plans. Additionally, current staff from FUSCOE have first-hand experience with the project and are in a position to complete the remaining worked required in a cost-effective and timely manner. 1. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) I HB -69- Item 5. - 27 reef -d-I felvel I-rrr*-c 7W, current industry rates. 2. Describe any cost savings realized or • avoided by acquiring the goodsiservices from this supplier. There will •' a significant cost savings in • having to complete the remainding 25% of the: construction documents. Remit completed form to: City of Huntington Beach — Purchasing Division 2000 Main Street, Huntington Beach, CA 92648-2702 Item 5. - 28 . -HB -70- City of Huntington Beach Trial Balance Report Object Adopted Account FY 2012113 20945005 - Central Park Senior Center 82800 - Other Improvement 300,000 Revised Actual Encumbrance Avail Funds FY 2012113 FY 2012/13 FY 2012/13 FY 2012113 300,000 82000 - Improvements 300,000 300,000 HUMAN 50000 - EXPENDITURES 300,000 300,0005 -ATTACHMENT #4 RECEIVED 1013 '' ., Y, OF �� y ;, O BEACH - a Sole -source if Ii•i v, •eill (For use on all goods and services acquisitions.) �vG�F :1�F4/11 This justification document consists of two (2) pages. All information must be provided and all questions must be answered. The "Required Approvals" section must include a date for each signature, as appropriate for the transaction. w Re ` uestin .,De artment lnforrr>ation Date: June 2, 2013 Requestor Name: David Dominguez Division Manager: David Dominguez (Type names. Do not sign.) Department: Community Services Department Head: Janeen Laudenback (Typenames. Do not si n. Must be same as signature below. De artrnent Contact')nformation, .. Contact Name: David Dominguez Street Address: Telephone: x5309 Fax: 714.374-1654 Shipping Address: Cellular hone: k =` Itousred C6ntact`l6format1on t . ' s Contractor/Supplier Name: Linscott Law and .Green an E ineers Contractor/Supplier Address: 2 Executive Circle Suite 250 Contractor/Supplier City/State/Zip: Irvine, CA 92614 Original Contract Amount:* Amendment Amount:* (if applicable) New Contract Amount:* $NIA $NIA $7,500 ("Includes original contract and previously ("Includes original contract and all amendments, approved amendments) "Current amendment only) including current amendment) Provide a brief description of the acquisition, including all goods and/or services the contractor will provide: Contractor will complete the traffic design for the senior center in Huntington Central Park. Contract Type and Term { Contract Type: Contract Term: What account number will be used to purchase? Select One: ❑ Goods Begin: 7 I ' 13 Business Unit: 2-0 /Y5 00 S� ® Service ❑ Goods & Services End: Object Code: Z �� `Re,' uired'A6rovals ,� - .s .... . Department Head Fiscal Services Manager Director of Finance D Ci ministrator ❑ Ag roved ❑ Denied [Approved ❑ De +ed Signature ❑ Ap oved ❑ Denied p ved ❑ Denied O1ignature Signature Si nature �lo/03 /12, 1atg,,' �^ 6-3-do 3 ���1� Date Date bale (Transactions exceeding $50,000 must be approved by City Council) CITY OF HUNTINGTON BEACH Sole Source Justification (For use on all goods and services acquisitions.) I. Why is the acquisition restricted to this goodsiservices/supplier? (Explain why the acquisition cannot be competitively bid,) Prior to delay in the senior center project due to a legal challenge, Linscott, Law and Greenspan (LLG) was under contract with MAKAR Properties to complete the traffic design for the project, The plans and specifications for the project are about 75% complete and LLG has completed subtantial work on the traffic design. 2. Provide the background of events leading to this acquisition., As part of the current CIP, City Council approved a budget of $300,000 to complete the construccition plan and specifications for the senior center. The services of LLG are needed to complete the traffic design the I project T1116 =1161411011166w, -11142111ILI MIA= 4. 11hat are the consequences of not purchasing the goods/services or contracting with the proposed supplier? Going with another supplier would result in a large cost increase for the project The approved funding in the current CIP budget would not be sufficient to complete the project. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goodstservices was not performed.) No research was conducted due to the unique situation of LLG previously working on the project before being halted due to the legal challenge. LLG staff having first-hand experience with the project places them in the best position to complete the remaining design work at a lower cost than another traffic engineering firm unfamiliar with the project. .. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) IHB -73- Item 5. - 31 The cost to complete the plans was reviewed by the City Engineer and were determined to be in -line with current industry rates. 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. There will be a significant cost savings in only having to complete the remainding 25% of the construction documents. Remit completed form to: City of Huntington Beach — Purchasing Division 2000 Main Street, Huntington Beach, CA 92648-2702 Item 5. - 32 1 _1413 -74- Object Account City of Huntington Beach Trial Balance Report Adopted Revised Actual Encumbrance Avail Funds FY 2012/13 FY 2012/13 FY 2012/13 FY 2012/13 FY 2012/13 20945005 - Central Park Senior Center 82800 - Other Improvement 300,000 300,000 82000 - Improvements 300,000 300,000 50000 - EXPENDITURES 300,000 300,000 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk July 3, 2013 DLR Group Attn: Brian Arial, AIA Principal 117 E. Colorado Blvd. Ste 500 Pasadena, CA 91105 Dear Mr. Arial: Enclosed for your records is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and DLR Group for Preparation of Plans and Specifications for Senior Center Building" in Huntington Central Park. Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand