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HomeMy WebLinkAboutEMG - 2015-10-12I CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: EMG Purpose of Contract: For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Facilities needs assessment Amount of Contract: $- 4GG-,G8 Copy of contract distributed to The original Insurance certificate/waiver distributed to Risk Management Initiating Dept Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes, ext 5249 Name/Extension City Attorney's Office Date: 9/15/15 a Wo X: cc �i 7-1 wry-�3/^- CL- -4 z gad ZZ Sao stag 0343o3 G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMG FOR FACILITIES CONDITION ASSESSMENT Table of Contents 1 Scope of Services .. ............... ............ .... ......... .... .......... 1 2 City Staff Assistance.... . .... ... . ....... ......... ....... . ....... . ..... . ..2 3 Term; Time of Performance... .. . ........... ..... .......... .... ..... . ..2 4 Compensation .............. .. . ............... ... . .......... ........ . ...... . ...2 5 Extra Work............ . . ........... . ........ ........ . ...... ..... ....... 2 6 Method of Payment.... ......... .......... ...... . ..... .3 7 Disposition of Plans, Estimates and Other Documents ...... ................... ....3 8 Hold Harmless ...... .... ............... ......... ............... 3 9 Professional Liability Insurance ........... ...... ......... . ..... ....... ....... 4 10 Certificate of Insurance .. ......... ..... . .... 5 11 Independent Contractor ............ .. ........ ...... ...... .. ...... ...6 12 Termination of Agreement..... .. .............. . ...... ...... .. ..6 13 Assignment and Delegation ............. ......... .... . ........ ....... ... . ...6 14 Copyrights/Patents .............................. ......... ....... .... ......... .........7 15 City Employees and Officials ........ ... ................... ...... .7 16 Notices ..... . ........... ...... ..... ........... .......... 17 Consent . ..... .... ............. .... ........... ... 8 18 Modification . ..... ..... .. ................... 8 19 Section Headings . ........... . ...... . ....... ...... ....... ..8 20 Interpretation of this Agreement 8 21 Duplicate Original....... . ............. .......... . ... ..... .... ......... ....... 9 22 Immigration ........ ... .. .............. ........... ..... ..... ..9 23 Legal Services Subcontracting Prohibited .... ... ...... 9 24 Attorney's Fees ............. ........... ..... ..........10 25 Survival... .............. . ......... .... ....... ..... ....... ...... . .... ...10 26 Governing Law ..... .... ..... ........... ...... ..... .....10 27 Signatories. ... ... ..... . .... .. .... .10 28 Entirety. ............... ....... ................... ....... ...10 29 Effective Date ........ ... .... .... ... ................ .. .... 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMG FOR FACILITIES CONDITION ASSESSMENT 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 , a EMG, a Maryland Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform a Facilities Condition Assessment; 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 Erik Piller who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree/ surfnet/professional Svcs 50 to 100 10/12 1 of 11 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 October 12, 2015 (the "Commencement Date") This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than Fourteen (14) Weeks 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 Ninety Four Thousand Three Hundred Thirty-five Dollars ($94,335) 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 agree/ surfnet/professional svcs 50 to 100 10/12 2 of 11 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 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 agree/ surfnet/professional Svcs 50 to 100 10/12 3 of 11 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 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000 00) or less is permitted 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 agree/ surfnet/professional svcs 50 to 100 10/12 4 of 11 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 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. shall 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. agree/ surfnet/professional svcs 50 to 100 10/12 5 of 11 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 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 heremabove. agree/ surfnet/professional svcs 50 to 100 10/12 6 of 11 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 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: Jerry Thompson 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional svcs 50 to 100 10/12 7 of 11 TO CONSULTANT: EMG ATTN: Erik Piller, Vice President 23046 Avenida De La Carlota, Suite 430 Laguna Hills, CA 92653 17 CONSENT 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 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 agree/ surfnet/professional Svcs 50 to 100 10/12 8 of 11 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 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 agree/ surfnet/professional svcs 50 to 100 10/12 9 of 11 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 nonprevailing 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 27 SIGNATORIES Each undersigned represents and warrants that its signature herembelow 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, agree/ surfnet/professional svcs 50 to 100 10/12 10 of 11 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, [C0WMYNAME] By: _ 4- Alz Enk Piller print name ITS' (circle one) Chatrman/Presid ice President .AND B y r! Ken Webb print name ITS: (circle o Secret�ary�ihief Financial Officer/Asst Secretary — Treasurer agree/ sur&let/professional sves 50 to 100 10/12 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California / . . A // r '/ City Manager INITIATED AND AP VED: C71/15 Attorney Date to / I I EXHIBIT "A" A STATEMENT OF WORK EMG will compile an Assessment Report of each scheduled City facility Deliverables will include a narrative report for each building and web -accessible database with a summary report of all buildings identified for review The Facility Condition Assessment reports will be provided in hardcopy and electronically through an internet-accessible FTP site At project implementation, EMG will conduct a Kick-off Meeting to introduce team members and present key activities Within this meeting we will address the following 1 Availability, condition, and location of existing drawings and documentation 2 Review of available descriptive building information (year built, history, major renovations) 3 Interview with those familiar with the properties to collect pertinent data (building problems, operating difficulties, equipment characteristics) for integration into the assessment 4 Review of the work plan and schedule for the contract with key milestones 5 Confirmation of the final scope of work EMG will conduct weekly Progress Meetings to maintain communication with the Project Team and the City of Huntington Beach (City) EMG will lead with an agenda focusing on work plan, schedule, and project needs This will permit the opportunity to proactively address challenges encountered so that course adjustments may be made Each meeting will conclude with task assignments, schedules, and goals to be met EMG will provide the City with a weekly written status report that tracks and monitors the progress of the assessments against the schedule EMG's Project Approach has been developed to address specific requirements of the City We have demonstrated experience with County and City buildings and understand the special implementation, sensitivities, management, and communication associated with each EMG will compile an Assessment Report of each facility Deliverables will include a narrative report for each building and web -accessible database with a summary report of all buildings identified for review The Facility Condition Assessment for the City will consist of the following • Present condition and estimated life expectancy of building systems and components • Anticipated maintenance and replacement costs for the systems and components • Identification/documentation of condition of physical assets (grounds, facilities, infrastructure) • Recommendations for corrections of all deficiencies and cost estimates for corrections • Resources needed to routinely maintain operability, sustainability, and value of the physical assets given their current function • Prioritization, categorization, and classification of deficient conditions, corrective actions, and information concerning building systems and deficiency categories • Estimates of replacement costs for each facility The study will serve as a guide for future replacement, repairs, and improvements for the City to keep facilities, grounds, sports complex facilities, and infrastructure in proper working condition EMG will survey and assess all building systems and components to identify deficient conditions and accurately estimate the cost to correct each deficiency EMG Facilities Condition Assessment Exhibit A 1 Facility Condition Assessment EMG will visit each identified facility site to evaluate the condition, and review available construction documents to become familiar with, and comment on the in -place construction systems, life safety, mechanical, electrical and plumbing systems, and general built environment The Team will conduct a building walk-through survey to observe building systems and components, identify physical deficiencies, and formulate recommendations to remedy physical deficiencies The Team will survey 100% of each facility's interior, exterior, and adjacent site improvements EMG will survey exterior and grounds (building envelope exterior, roofs, sidewalk/pavement), and will interview building maintenance on the property's historical repairs/replacements and associated costs, level of preventive maintenance exercised, pending repairs/ improvements, and frequency of repairs/ replacements EMG will develop opinions based on the site assessment, experience gained on similar properties evaluated, and interviews with Building Maintenance Staff, Maintenance Contractors, Municipal Authorities knowledgeable of the subject property's physical condition, ongoing maintenance policies, and procedures and operation, or those knowledgeable of similar systems to gain comparative information to use in evaluation of the property The Team may review documents and information provided by the Building Maintenance Staff aiding in the knowledge of the property's physical improvements and extent and type of use, and/or identify material discrepancies between reported information and observed conditions The assessment will focus on the following prime building system components ■ Site • Structural Frame and Building Envelope • Wall Evaluation ■ Roofing (Non -Invasive Visual) ■ Plumbing ■ Heating and A/C and Ventilation ■ Electrical ■ Life Safety/Fire Protection ■ Interior Elements ■ Code Compliance ■ Special Systems and Equipment ■ Food Service Spaces and Equipment ■ Energy Conservation Analysis Based on observations and information obtained from available on -site personnel, EMG will visually inspect all facilities and properties Specifically, the assessment will focus on the following components 1) Site Work Evaluate the material flatwork at each property, to include sidewalks, walkways, parking lots, canopies, paving, sports fields and facilities, and if applicable playground equipment Further, the site work assessment will include an evaluation of walking/cart paths and fencing The team will identify the presence and condition of drainage/irrigation systems, and lighting EMG Facilities Condition Assessment Exhibit A 2 2) Roofing Observe the general conditions of the roof system such as membranes, flashings, skylights, pitch pans, attachment methods, gravel stops, parapets, miscellaneous appurtenances, and insulation EMG will identify the material roof systems, including roof type, reported age, slope, drainage, etc , identifying any unusual roofing conditions or rooftop equipment The team will observe for evidence of material repairs, significant ponding, or evidence of material roof leaks, and identify the material rooftop equipment or accessories including antennas, lightning protection, HVAC equipment, solar equipment, etc 3) Building Exterior Identify the material elements of the building exterior, to include walls, doors, windows, and fire escapes This will also include the foundation system, floor framing system, roof framing system, facade or curtain -wall system, glazing system, exterior sealant, exterior balconies, doors, and stairways Observations may be subject to grade, accessible balconies, and rooftop vantage points 4) Structural Components Evaluate the columns, footings, foundations, beams, and slabs as part of the structural inspection for soundness 5) Building Interiors Identify common areas, offices, and special use areas and building standard finishes The evaluation includes doors, hardware, flooring, ceilings, walls, stairwells, and handrails EMG will identify material building amenities or special features (i a stage curtains, bleachers, lockers, sports equipment such as backboards, auditoriums, and kitchen equipment) 6) Electrical Systems Identify the electrical service provided and distribution system at the subject property The evaluation will include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems The team will observe general electrical items such as distribution panels, type of wiring, energy management systems, emergency power, lightning protection, sensors, and busway systems 7) Plumbing Identify the material plumbing systems at the subject property, including domestic water supply, domestic hot water production, sanitary sewer, or any special or unusual plumbing systems (such as water features, grease traps, fuel systems, gas systems) The team will also observe meters, catch basins, lift stations, and irrigation systems 8) Heating and Cooling Identify burners, insulation, compressors, thermostats, steam traps, valves, heating coils, ventilators, boilers, tanks, and dryers. 9) Ventilation Identify the ventilation systems at the property, such as ductwork, intakes, filter rooms, fan rooms, bearings, hoods, and HVAC centralized zone units 10) Air Conditioning Systems Identify the material air-conditioning, including cooling towers, chillers, window units, insulation, thermostats, heat pumps, and controls 11) Special Systems and Equipment Include all special systems and equipment, such as elevators, escalators, chillers, equipment EMG Facilities Condition Assessment Exhibit A 3 lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems 12) Food Service Spaces and Equipment Assess all Food Service equipment and spaces including the Kitchen, Cafeteria, and Student Dining and serving Areas Food Service equipment will be evaluated for adherence to life / safety code and ventilation requirements as well for condition and capital replacement 13) Fire Protection/Security Systems Identify the material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, and smoke evacuation 14) Environmental Features The assessment team will review the environmental features of the property, to include appearance, cleanliness, acoustics, ventilation, and humidity 15) Lead -based Paint A review of existing testing data and other documentation regarding lead -based paint that is available onsite is included in the cost of the Facility Condition Assessment EMG will evaluate physical condition and will develop cost estimates for remediation of paint necessitated by pending renovations EMG has the capability to provide a licensed lead -based paint inspector to conduct testing using an x-ray fluorescence analyzer at the Project The instrument is completely non-destructive and yields instantaneous results The scope of this testing will be determined with the City after review of existing studies, fee for lead based testing will be based on a daily rate 16) Asbestos A review of existing testing data and other documentation regarding asbestos that is available onsite is included in the cost of the Facility Condition Assessment EMG will evaluate physical condition and will develop cost estimates for remediation of asbestos likely to be disturbed by renovations If asbestos testing is requested, EMG will provide a licensed asbestos inspector to collect samples of suspect asbestos -containing materials at the Project The inspector will determine whether or not the suspect materials are friable (i a crumbled, pulverized or reduced to powder by hand pressure when dry), and identify homogeneous areas of friable and non -friable suspect ACM Bulk samples of suspect ACM will be collected by the Asbestos Inspector Scope of this sampling will be determined after review of existing data, costs will be based on daily rate plus the cost of analysis 17) Energy Conservation Analysis Analysis of all evaluated systems mentioned above and providing projected installed cost and savings estimates resulting from each improvement recommended, and prioritization of projects with most attractive payback potential Based upon our observations, research, and judgment, along with consulting commonly accepted empirical expected useful life (EUL) tables, EMG will render an opinion as to when a system or component will most probably necessitate replacement Accurate historical replacement records provided by the Facility Manager are typically the best source for this data Exposure to weather elements, initial system quality and installation, extent of use, quality, and amount of preventive maintenance exercised are all factors that impact the EMG Facilities Condition Assessment Exhibit A 4 effective age of a system or component A system or component may have an effective age +/- its actual age The RUL of a component or system equals the EUL less its effective age In addition to determining the EUL and the RUL for each system/component, EMG will categorize each cited deficiency within one of the following Five Priorities Priority 1: Currently Critical (Immediate) Requiring immediate action including a cited safety hazard and areas of accelerated deterioration, returning a building component to normal operation Priority 2: Potentially Critical (Year 1)• Requiring action in the next year including components experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to normal operation Priority 3: Necessary— Not Yet Critical (Years 2-3) Requiring appropriate attention to preclude predictable deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further Priority 4: Recommended (Years 4-5) Representing a sensible improvement to the existing conditions (not required for the most basic function of the facility, however, will improve overall usability and/or reduce long-term maintenance costs) Priority 5: Does Not Meet Current Code but "Grandfathered"- No Action required at this time but should substantial work be undertaken correction would be required Classification Deficiencies observed will be classified into categories such as the following, using the Uniformat System 1 Site 2 Architectural 3 Exterior Systems 4 Exterior Finishes 5 Life Safety Systems 6 Heating, Ventilation, and A/C Systems 7 Plumbing Systems 8 Electrical Distribution Systems 9 Service Distribution Systems 10 Special Electrical Systems 11 Fire Suppression Systems 12 Special Construction 13 Interior Systems 14 Interior Finishes 15 Telephone Infrastructure and Systems 16 Data Infrastructure and Server Rooms Cost Estimating Each report will include an estimated cost for each system or component repair or replacement anticipated during the evaluation term The report narrative will discuss options for repair of the deficiency, and the capital needs analysis will be presented as an Excel -based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for EMG Facilities Condition Assessment Exhibit A 5 the repair of each line item A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings In addition to the detailed description of the deficiencies, we will provide cost estimates for the deficiencies noted The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may, at the County option, also include project management costs, construction fees, and design fees Project management costs, construction fees, and design fees will be derived using actual costs from previous projects After determining these costs, we will confirm these costs with the City staff EMG uses the Uniformat system and the RS Means model for cost estimating EMG maintains and updates our cost estimating system with information received from the field Through our construction monitoring work, we have current cost data from hundreds of in progress construction and rehabilitation projects This allows us to project costs based on local conditions and to maintain a cost database that in most cases is more current than published RS Means' models Report Deliverables EMG will provide a written analysis including a detailed description of each building component and system Each report is organized by building system and will include digital photos of major systems and components and of all deficiencies identified Reports will include discussion of current and anticipated repairs and deficiencies, and applicable options for repair or maintenance of building components Deficiencies are summarized in a Capital Needs Analysis Table included throughout each report Reports are submitted as drafts, and once finalized, a program summary report is provided to include a roll -up of all prioritized capital needs across all facilities Reports will reflect a 10-year capital plan based on EMG's 20-year building system evaluation The analysis will include a cost table sorted by building and system and ranked by priority for repair Tables will allow for the customization of reporting and a year -by -year capital needs analysis The report will include • A ten year capital plan with an Executive Summary with graphic presentation of results to provide a quick, "user-friendly" summary of the property's observed condition and estimated costs assigned by category These estimated costs shall be cross-referenced to report sections where an elaboration of cost issues will be presented • Components observed that are exhibiting deferred maintenance issues and provide estimates for "immediate" and "capital repair" costs based on observed conditions, available maintenance history and industry -standard useful life estimates If applicable, this analysis will include the review of any available documents pertaining to capital improvements completed within the last five-year periods, or currently under contract EMG shall also inquire about available maintenance records and procedures and interview current available on -site maintenance staff Recommended schedule for replacement or repairs (schedule of priorities) • Provide a general description of the property and improvements and comment generally on observed conditions e Address critical repairs and life safety issues separately from repairs anticipated over the term of the analysis EMG Facilities Condition Assessment Exhibit A 6 • Identify as to whether there are any documented life safety/code violations on record with local building, zoning, and fire departments • Contains an FCI index number for the building In addition to each building report, EMG will develop a Program -wide report that includes a ranked system -wide Capital Plan for all facilities with programmatic conclusions and recommendations The "Program Report" includes a brief narrative description of each facility / building component and system, and discusses the current, anticipated repairs, deficiencies, and of all buildings assessed The Program Report analyses will include tables sorted by building system and ranked by priority for repair The format of the tables will allow for the several perspectives of reporting by FCI, building, by system, or by priority for repair, and a year -by -year analysis of capital needs Assessment Software: AssetCALCTM EMG proposes utilizing AssetCALCTM as the platform for all data collected on this project AssetCALCTM is a web -based SQL system that allows users to query information regarding specific items or across the entire asset portfolio This streamlines the capital planning process by compiling funding requirements for deficiencies to create budget models based on project priority and life cycle maintenance and repair requirements Prior to populating the database, EMG will work with the City to establish attributes and data points required to be associated with each asset This will include a discussion of relative priority of the asset The first step in populating the database is to create an asset inventory This will include all of the City's assets and will be grouped in a hierarchy based on site location, asset group, and function At the facility assessment/data collection phase, EMG will use AssetCALCTM as the platform in the field for collection and analysis of asset conditions and needs AssetCALCTM data can be exported to an Excel format compatible for upload into most CMMS Systems AssetCALCTM features include • Location Hierarchy • Deficiency Classifications • Deficiency Priority Codes • Reporting Standard Excel reports have deficiencies grouped by priority, location, replacement year, and deficiency classification A cost summary is also included • Searching Individual deficiencies can be searched by location, deficiency classification, and priority • Deficiency Management Add new deficiencies, calculate Facility Condition Index by building or site, and repriontize and reclassify existing deficiencies • Proprietary EMG Cost Database (with adjustable inflation assumptions) • Facility Condition Index Calculation Report (by building) • Backlog and Funding Projection Module (recalculates FCI based on funding assumptions) AssetCALCTM includes many features applicable to asset managers and budget officials, including • Rank and Prioritize Capital Improvement Projects • View Complete Deferred Maintenance Backlog • Report (by building, priority, system, or dollar deficiency amount) • Innovative Search Screen Allows deficiency classifications, reporting, and management • Capital Budget Planning • Year -by -Year Capital Needs Analysis • 5, 10, or 20-Year Breakdown Reports EMG Facilities Condition Assessment Exhibit A 7 • Priority Codes • Standardized Cost Database • Searching Ability (property names, age, cost, deficiency status/priority) Actual screen shots of EMG's AssetCALCTm Database are provided in the Appendix B CITY'S DUTIES AND RESPONSIBILITIES • Provide existing drawings and documentation for facilities to be assessed to the extent that the information exists in City records • Facilitate meetings and exchange of information between Consultant and City staff to provide pertinent data (building problems, operating difficulties, equipment characteristics) for integration into the assessment • Review and approve work plan, schedule and other materials timely to coincide with key milestones C WORK PROGRAM/PROJECT SCHEDULE Based on the sample schedule below the expected duration of the project is 14 weeks from project commencement/notice to proceed Date specific schedule will be determined by City and EMG at project commencement EMG Facilities Condition Assessment Exhibit A 8 gr y and Program Planning I s abase Review and Customlzaoon A Program Assessments and Report Pilot Program Assessment and Leah Report Pilot Review Meeting Pilot Report Review- City of Huntington Beach Pr000cal antl Procedures Revisions 11 Team 1 - Administrative and Budding Assessments 12 Team 2 - Essential Facilities Assessments 13 Progress Mae" tY3t 11 Asset Data Development and Publication 15 Cost Estimating and Report Wnmg 18 Cost Review 17 City of Huntington Beady Renew of Draft Reports 18 Eaeculive summary Report Development 19 Revisions to Drafts 20 Final Presentation and Stall' Training on SaMrare System 911E Task Eatemal Milestone 0 Manual Summary Rollup Split nadave Task Manual Summary Project Proposed FCA Schedule Milestone Inactive Milestone Start -only C Date: Wed 7!Ult Summary lmmmmmmmmm1 Inactive Summary Finish -only Project Summary Manual Task ® Progress EfaemaI Tasks DuraCarvonly Deadline iS Pape I EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules These fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all ether miscellaneous expenses applicable to the work related to this project. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY as necessary to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3 CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall occur not more than one time per month for the duration of the project. Each invoice shall: A) Reference this Agreement, B) Describe the services performed, C) Show the total amount of the payment due, D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement, and E) For all payments include an estimate of the percentage of work completed. EMG Facilities Condition Assessment EXHIBIT B 1 Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time as set forth in paragraph 1 above Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. EMG Facilities Condition Assessment EXHIBIT B 2 LIST OF PROPOSERS FIRM NAME LOCATION BASE PROPOSAL PRICE Westberg + White, Inc Tustin, CA $585,400 Bureau Ventas North America, Inc. Costa Mesa, CA $94,408 ISES Corporation Duluth, GA $113,400 EMG Walnut Creek, CA $94,335 IDS Group Inc Irvine, CA $57,530 Kitchell Costa Mesa, CA $125,411 Aecom Technical Services, Inc Orange, CA $399,086 Applied Management Engineering, Inc (AME) Virginia Beach, VA $98,230 Owen Group Inc Irvine, CA $164,795 TTG Engineers Anaheim, CA $420,696 Amec Foster Wheeler Environment & Infrastructure, Inc Los Angeles, CA $117,655 CivilSource Irvine, CA $99,230 The proposals range from a high of $585,400 to a low of $57,530 with a median fee of $115, 528 '`�� ©� CERTIFICATE OF LIABILITY INSURANCE DATE (MM 09/09/12015 09/09/2015 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 pollcy(les) 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 1-617-391-0245 CONTACT NAME Green Insurance Exchange, LLC PHONE FAX N A/C No ADDRESS 184 High Street PRODUCER CUSTOMER D Suite 602 Boston , MA 02110 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA NAUTILUS INS CO 17370 INSURER B EMG CORP INSURER 10461 Mill Run Circle, Suite 1100 INSURER Owings Mills, MD 21117 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 44932941 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 BR POLICY EFF POLICY EXP POLICY NUMBER MM/DD MM/DD LIMBS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-il OCCUR ECP2012618 09/03/1 09/03/16 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES Ea occuE ence $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY 7 PR0. LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS APPROVES A r 13y. ?A. *j- Mi aal �orney 1 ® FORM COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERAVEMBER EXCLUDED? (Mandatory in NH) If yes descnbe under DESCRIPTION OF OPERATIONS below N I A WC STATU- OTH- TORY LIt, E-L EACH ACCIDENT $ E L DISEASE - EA EMPLOYE $ E L DISEASE - POLICY LIMIT $ A �ProfessionalLiability -T-ECP2012618 09 0 1 09 Eac C aim 1,000, 00 Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Insurance L,LKIIrIC:AI r- r1ULUr- City of Huntington Beach 200 Main Street Huntington Beach , CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE y USA Chernandez ACORD 25 (2009/09) 44932941 V 98SS-ZUUB AGUKU GUKI-UKAI IUN All rlgnLS reserVea. The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH Professional Service Approval Form RECEIVED Is PART l MAY 0 7 21115 Date 5/6/2015 Project Manager Name Jerry Thompson Finance pepai tment Requested by Name if different from Project Manager Q}Debra Jubinsky Department Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement Perform a city-wide comprehensive Facilities Needs Assessment and develop a plan that identifies and prioritizes facility maintenance and infrastructure needs 2) Estimated cost of the services being sought - $ 100,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain 4) Check below how the services will be obtained ® A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ❑ MC 3 03 08(b) — Other Interagency Agreement procedure will be utilized ❑ MC 3 03 08 — Contract Limits of $30,000 or less exempt procedure will be utilized 5) Is this contract Council? If tho Fiscal Ily described on the list of professional service contracts approved by the City to this question is "No," the contract will require approval from the City Council ) ® Yes ❑ No nature (Purchasing Approval) Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit object # Fiscal Year 2014 —f�, Fiscal Year Fiscal Year 10040314 82200 $10 000 $ $ • A & B g Approval Head SignaMe(s) gnature Manager's Signature ager's Signature S//b Date Date ,✓ Date 6-ZSy-I4�- Date 74 - IS Date professional service approval form - part i doc REV February 2015 \NJ Grc �`r tyt =�UNTN�if CITY OF HUNTINGTON BEACH Professional Service Approval Form PART II Date 8/25/2015 Project Manager Jerry Thompson Requested by Name if different from Project Manager Debra Jubinsky Department Public Works RECEIVED SEP 01 2015 Finance DeC3ar meni PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS, 1) Name of consultant EMG 2) Contract Number PWK 2015-09 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract $100,000 Account number Contractual Dollar Amount Business unit object # Fiscal Year 2015 Fiscal Year Fiscal Year 10040314 82800 - $100,000 $ $ 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to the contract ) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number) 9) 10) Fiscal Attach Exhibit A, which describes the proposed scope of work Attach E"it B, whicly describes the payment terms of the contract Budget Manger Ap'p H Director of Finance (bfdesignee)' �,'3/ -/S-- ng) Date 'e 136te 14- ql(0115-- iqnature I Date I professional service approval form - part a doc REV February 2015