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PROFESSIONAL SERVICES CONTRACT BETWEEN 2814 JUN I U AM 11: 15
THE CITY OF HUNTINGTON BEACH AND CITY CLERK
FUSCOE ENGINEERING, INC. CITY OF
FOR MUNTIt4GTON BEACH
ENGINEERING SERVICES 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 Fuscoe Engineering, a California corporation hereinafter referred
to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
engineering services to update and finalize construction documents for a 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 John Olivier, President, who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
13-3844/99651
1
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 i)..& ,,- 1Av4 , 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 Forty -Eight Thousand and Five
Hundred Dollars ($48,500.00).
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
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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.
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
13-3844/99651 3
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.
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
13-3844/99651 4
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 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.
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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 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.
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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 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:
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TO CITY:
City of Huntington Beach
ATTN: Director of Community Services
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Fuscoe Engineering, Inc.
Attn: John Olivier
16795 Von Karman, Suite 100
Irvine, CA 92606
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 doonot 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
13-3844/99651 8
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.
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
13-3844/99651 9
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.
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
13-3844/99651 10
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.
13-3844/99651 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
CONSULTANT,
FUSCOE ENGINEERING, INC.
print name
ITS: (circle one) Chairmq6esidenVice President
AND
B
Y
print name
ITS: (circle on4�ief Financial Officer/Asst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
taw6 Vi, r, LZ Director/Chief
(Pursuant to HBMC § 3.03.100)TM#
APPROVED AS TO FORM:
-7 zz113 VkO City Attorn
13-3844/99651 12
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Scope of Services & Fee Proposal
City of Huntington Beach
Huntington Beach Senior Center Project
May 28, 2013
Task 10. Specifications
Prepare specifications for Sitework portion of project.
Hourly (*Estimate) $3,500
Task 11. Design Phase Project Coordination
Perform design phase project coordination; such as cost Estimates, meeting attendance,
coordination with design team and consultants, special studies as requested by client
and government agency processing. Assumes 30 hours will be sufficient.
Hourly (*Estimate) $7,000
Task 12. Remmbursables
Provide budget for incidental minor reimbursables such as messenger costs and agency
research fees. Reprographics will be provided by ARC.
Hourly (*Estimate) $1,500
TOTAL Fee Proposal $48,500
OPTIONAL SERVICES AVAILABLE BUT NOT INCLUDED
1. Demolition Plan
2. Retaining Wall Plan
3. Off -Site Street, Sewer, Water, Storm Drain Improvement Plans
4. Traffic Signal Plans
5. Traffic Study
6. Dry Utility Coordination
7. Rough Grading Plan
8. Fire Master Plan
9. Legal Descriptions
10. Bid Packaging and Assistance
f u 1 I c i r c l e I h i n k i n u'
16795 Von Korman, Suite 100, Irvine, California 92606 0 tel 949.474.1960 0 fax 949.474.5315 o www,fuscoe.com
Scope of Services & Fee Proposal
City of Huntington Beach
Huntington Beach Senior Center Project
May 28, 2013
suspension, or changes in Project management, or by defects or deficiencies in the work or
services provided by or the termination of other consultants or any Project contractor or in
connection with contractor proposals or claims; or (iii) due to conditions or circumstances not
now anticipated or reasonably foreseeable.
4.5 Restaking or monument relocating necessitated by acts of contractors or other causes beyond
Consultant's reasonable control, or the filing of a Record of Survey in accordance with Business
and Professions Code section 8762, or a Corner Record pursuant to Business and Professions
Code section 8773.
5.0 SERVICE CLARIFICATIONS
5.1. Consultant's services will be performed in a timely manner consistent with good professional
practice and the desire that the Project proceeds as expeditiously as practical; and it will use its
best efforts to meet any mutually agreed upon schedule, which schedule will be adjusted only for
reasonable cause or by mutual consent.
5.2. Consultant's services will be performed in accordance with generally and currently accepted
design professional principles and practices as embodied in the standard procedures and
protocols of Consultant and its sub -consultants, and without warranties, either expressed or
implied. In particular, Consultant will use its best professional judgment in interpreting and
applying the requirements of all laws applicable to the services such as building codes, grading
ordinances, accessibility requirements and statutory functionality standards; but compliance with
these laws as they may eventually be interpreted by others cannot be guaranteed. In no event
will Consultant guarantee cost, schedule or quantity estimates or projections, or any
prognostications as to future events, including the discretionary decisions of governmental
officials; and when used in conjunction with the providing of services pursuant to this Agreement,
such terms as "certify," "warrant," "confirm," "make sure," "insure," "ensure," "assure," or the
like do not constitute a guarantee, but rather a representation based on professional opinion or
judgment.
5.3. All instruments of service provided pursuant to this Agreement including plans, calculations and
estimates shall, unless expressly agreed otherwise in writing, be prepared pursuant to
Consultant's standard procedures and protocols and in its standard formats and level of quality
and detail.
5.4. Consultant will undertake professional responsibility for only the design professional services
expressly undertaken by this Agreement, and not otherwise; and in particular Consultant will not
be legally liable for providing or failing to provide services (i) concerning legal, financial,
planning or environmental matters; (ii) soils, geotechnicol, hazardous waste/toxic substances,
traffic, electrical, mechanical or structural engineering; or (iii) landscape architectural or
irrigation design. Further and without limitation, Consultant will not be responsible for delays or
other matters beyond its reasonable control; for inaccurate or incomplete information provided
by Client or other reasonably reliable sources; for services or instruments of service provided by
others even if incorporated into Consultant's instruments of service for ease of reference or
otherwise; for any subsurface site conditions or any surface or other conditions of which it has
not been timely Informed; for hazardous materials or toxic substance at the Project site; or for
the actions or inaction of others including other consultants, utility companies and governmental
or quasi -governmental agencies.
5.5. In no event will Consultant serve as, supervise or have any responsibility for the performance of
any construction contractors; and in particular Consultant will have no responsibility for
construction means, methods, techniques, sequences or procedures including without limitation
excavation or shoring procedures or for any construction safety procedures or programs.
f u l l c i i c I c t h i n k i n g
16795 Von Korman, Suite 100, Irvine, California 92606 o tel 949.474.1960 o fax 949.474,5315 o www.fuscoe.com
Scope of Services & Fee proposal
City of Huntington Beach May 28, 2013
Huntington Beach Senior Center Project
5.19. Coordination with local gas, electrical, telephone, and cable television companies for the design
and/or preparation of plans and/or service agreements for new and/or relocated service
facilities.
5.20. Preparation of project specifications and construction agreement.
5.21. Construction administration for bidding, award and observation.
5.22. Preparation, approval or processing of site plan.
5.23. Construction phase coordination.
5.24. Conditional use permit processing.
5.25. Preparation of legal descriptions and/or plats.
5.26. Preparation of parking lot striping and/or signage plan.
5.27. Preparation of landscape plans for softscape areas, hardscape areas, and enhanced pavement
areas for driving and/or walking.
5.28. Preparation of irrigation system plans.
5.29. Preparation of site lighting plan for parking lots and walkways.
5.30. Preparation of building fire suppression system plans.
5.31. Preparation of easement or grant deeds.
5.32. ALTA/ACSM land title survey maps lot line adjustments (after map recordation).
5.33. Legal descriptions and plats required for annexation, zone changes or zoning maps.
5.34. Legal descriptions and plats required for formation of or annexation to maintenance, assessment
or other special districts (landscape, water, sewer, etc.).
5.35. Final mapping.
5.36. Condominium plans.
5.37. "Covenants, Conditions and Restrictions" documents.
5.38. Setting off -site monumentation deemed necessary by the governing authority.
5.39. Corner record or certificate tie sheet preparation and filing.
5.40. Utility coordination (quitclaims and/or non-interference letters and will -serve letters).
5.41. Traffic signal plans.
5.42. Construction traffic control plan.
5.43. Supplemental topo.
5.44. Dry utility services.
5.45. Tentative map processing through public agencies.
5.46. Any work resulting from changes to current standards, ordinances and/or governing agency
personnel after the date of the Agreement which materially impact the design or processing of
this Project or which results in redesign or material changes in the design shall be performed as
"Additional Services" and be subject to separate scope and fee negotiation.
5.47. Fees contained in the Agreement do not include title company fees, agency fees, environmental
studies, subordination agreements, relocation of franchise utilities, design of on -site franchise
utilities, traffic impact studies, or traffic signal design.
5.48. Preparation of haul route plan for import/export of soil.
5.49. Guard house and gated entry plans.
5.50. Traffic control plan.
5.51. Excavation plan which may or may not be required by the agency.
5.52. Plans for the drainage system beneath the buildings.
f u I I r i r c I a f 11 i n k i n g
16795 Von Korman, Suite 100, Irvine, California 92606 o tel 949.474.1960 0 fax 949.474.5315 o www.fuscoo.com
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
(See attached)
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the project.
A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to be submitted to CITY 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.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such 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.
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
1
Exhibit B
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0 r
R R1 S C
E M 6 1 M E E R I M 0
Exhibit B
2013 RATE SCHEDULE
CLASSIFICATION
Principal / Sr. Project Manager
Project Manager
Sr. Designer / Sr. Engineer / Sr. Water Resource Engineer
Designer / Engineer / Project Scientist / GIS Coordinator
CADD / Engineering / Environmental Tech. / Graphics Tech.
Information Coordinator
1-Man Survey Crew
2-Man Survey Crew
3-Man Survey Crew
HOURLY RATE
$195
$162
$139
$123
$ 96
$71
$165
$225
$285
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1. Reproduction and other reimbursable expenses (such as overnight deliveries, mileage, permits, and
licenses, etc.) will be billed in addition to the above rates, with a 10% handling surcharge.
2. This rate schedule is subject to change due to the granting of wage increases and/or other
employer benefits to field or office employees during the lifetime of this agreement.
3. Overtime is available for critical deadlines at 1-1/2 times the normal rates for office employees.
Surveyors' rates are also adjusted automatically for overtime or holiday/weekend work in
agreement with the Operating Engineers Union.
Client Initials
full circle I h i n k i n y
16795 Von Karman, Suite 100, Irvine, California 92606 0 tel 949.474.1960 t> fax 949.474.5315 c, www.fuscoe.com
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
DATE
1 0
/15/ 013
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550
Santa Ana CA. 92711-0550
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
INSURERA: Travelers Indemnity Co. of Connecticut
Fuscoe Engineering, Inc.
16795 Von Karman Avenue, Suite 100
Irvine CA 92606
INSURER B: Travelers Proi3erty Casualty Co of Ameri
INSURER C:Travelers Casualty & Surety Co. America.
INSURER D:
INSURER E:
COVERAGES
HE 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
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
PDLICY EFFECTIVE
POLICY EXPIRATIONLTR
DATE (MMMDNYI
LIMITS
A
GENERAL LIABILITY
6807308L456
1/1/2013
1/1/2014
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE Any one fire)
$1,000,000
X CDMMERCIAL GENERAL LIABILITY
CLAIMS MADE ® OCCUR
-
MED EXP (Any one person)
$10 0 0 0
PERSONAL & ADV INJURY
$1,000,000
X Contractual
-
Liability
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OPAGG
$2 0.00 000
POLICY X PRO- LDC
A
AUTOMOBILE LIABILITY
X ANY AUTD
DA7309LO96
1/1/2013
1/1/2014
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTDS
BDDILY INJURY
(Per accident)
$
HIRED AUTOS
X NDN-OWNEDAUTOS
PROPERTY DAMAGE
(Per accident)
$
tf
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHER THAN
�AGG
ANY AUTO
i1�BRAUTO
T
4� C A.
$
EXCESS LIABILITY
DCCUR - CLAIMS MADE
- I _
y `/
EACH DCCURRENCE
$
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
3620T011
1/1/2013
1/1/2014
WC STATU- OTH-
X ORY
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1 0 0 0 0 0 0
C+
OTHER
Professional Liability
Claims Made
105723636
1/1/2013
1/1/2014
Per Claim $1,000,000
Annual Aggr. $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUS IONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional services.
E: Huntington Beach Senior Center
CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER I FTTFR• CANCELLATION I n na., 7,Tn1- i no fnr TTnn _ Aa,lrnonf
HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
City of Huntington.
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Mary Loadsman
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO
2000 Main St.
SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
Huntington Beach CA 92648
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATI -
ACORD 25-S (7197)
OACORD CORPORATION 1988
Nl
R mentInformation
ire Dert l�a
Date: June 2, 2013
Requestor Name: David Dominguez Division Manager: David Dominguez
(lype names. Do not sign.)
Department: Community Services Department Head: Janeen Laudenback
e names- !Do not sii n. Must'be same as signature below.)
I D
epartmentContact: Information!
Contact Name: David Dominguez Street Address:
Telephone: x5309
Fax: 714.374-1664 Shipping. Address:
Cellular phone:
equired.-Contact ltformatiorf
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 provift:
Contractor will complete the civil engineering portion of the construction documents for a new senior center in Huntington —
Central Park.
Term
Contract Type: Conti TermContract lype'anO: What account number will be used to purchase?
Select One: ❑ Goods Begin Business Unit: 2- 0 if es -0 o S—
Service
0 Goods & Services I End: -7 - / - /�/ I Object Code: �r- I Ocj
Re' ;uired Approvals
Department Head. Fiscal Services Manager Director of Finance De ity. Administrator 1
El Approved El Denied eApprovaT Denied Denied r 'e , d
El proved
El �rXpp�avgd Z1 Denied.
pyed
e� -JJA
�/-,�`Signature Signature EOr(r- Sign ure
U
41
A -I
Date' Date i orate I - I/
(Transactions exceeding -$50, 000
1
CITY OF J = I i � r �. i � — BEAC
Sole SourceJustification
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:
I. 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, 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 completethe 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/service/supplier chosen?).
FUSCOEI 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 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 experlencewith the project and are in a
position to complete the remaining worked required in a cost-effective and timely manner.
B. 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.)
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 goodstservices 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
3