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HomeMy WebLinkAboutINTEGRATED DESIGN SERVICES, INC. - IDS - 2006-09-18Council/Agency Meeting Held: 2za4o02 Deferred/Continued to: �.AP-pr ved ondition I r v d ®D Hied i;" Ci le k' ignat r Council Meeting Date: 7/6/2009 Department ID Number: BD 2009-01 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AN ITY COUNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST R PREPARED BY: ROSS CRAMMER, DIRECTOR OF B LDING & SAFETY TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBLIC WORKS 2�' STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC_ DEVELOPMENT/DEPUTY EXECUTIVE DIRECTOR SUBJECT: ADDITIONAL FUNDING AND CHANGE ORDER LIMIT FOR CITY HALL SEISMIC UPGRADE, CC-1306 �Hem:e:ntf Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On January 7, 2008, City Council awarded the City Hall Seismic Upgrade Project to Metro Builders & Engineers Group. Work began in March 2008. Progress was stopped in June 2008 due to the discovery of a material used for waterproofing that today is considered hazardous. The work to remediate this material has substantially expanded the project. To finish the project, an additional $600,000 funding will need to be appropriated. Funding Source: The project is funded by a $3 million grant from FEMA and $5,268,274 appropriation from the Redevelopment Agency. An additional appropriation of $600,000 from the Merged Redevelopment Agency Capital Projects Fund. City Council Action: Motion to: 1. Approve Amendment No. 1 to the professional services contract between the City of Huntington Beach and Integrated Design Services, Inc. for construction management and support services for the Seismic Upgrade of the Civic Center Tower and authorize the Mayor and City Clerk to execute the amended agreement. REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 7/6/2009 DEPARTMENT ID NUMBER: BD 2009-01 2. Authorize the Director of Building & Safety to expend an additional $120,000 for the contract with Integrated Design Services for a total contract amount not to exceed $388,530. 3. Authorize the Director of Public Works to expend an additional $480,000 in change orders for a total of $1,660,968 (28%). Redevelopment Agency Action: Motion to: 1. Approve the appropriation of $600,000 from the Merged Redevelopment Agency Capital Project Fund, into account 305. Alternative Action(s): Provide staff with an alternative direction. Analysis: The existing six -story City Hall Administration Building was constructed in the early 1970s with reinforced concrete moment frame construction standards. Modern seismic analysis has determined that the building is in need of a substantial structural upgrade in order to bring it in line with FEMA minimum life safety standards. The City contracted with design engineers and architects to prepare construction documents to make the building safe for all occupants. Further the construction project was awarded to the lowest bidder on January 7, 2008. Construction began March 2008 and was proceeding on schedule to complete the project by March 2009. Late June 2008, near the end of a waterproofing process, it was discovered that the old material that was removed is now considered a hazardous material. This started a very costly process both in project time and direct costs. DTSC, or the State Department of Toxic Substances Control, has been the agency that has directed and approved all the elements of the process. We are nearing the finish of their involvement but our consultant must prepare a final report after further testing and the report will have to be reviewed and accepted by the DTSC. This process has added almost nine months and an estimated 1.45 million to the project. Much of this cost can be absorbed in the original approved 20% contingency money but additional funding will need to be approved to complete the project. Out of the requested $600,000 appropriation, $480,000 is needed to increase the construction contingency to a total of $1,660,968 or 28%. In addition, the contract with Integrated Design Services, Inc. for construction management and support services needs to be amended. This is a result of the original construction time of 12 months extended up to 9 months longer than anticipated. The not to exceed cost of their services need to be increased by $120,000 to a total of $388,530. This $120,000 represents the remainder of the $600,000 that is needed to be appropriated to finish the project. -2- 6/23/2009 2:29 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING ®ATE: 7/6/2009 DEPARTMENT I® NUMBER: B® 2009-01 Additional funding Information: The Redevelopment Agency (Agency) negotiated a participation payment agreement with the developer of the Hyatt Residential component, which generated one-time revenue to the Agency based upon sales of Sea Colony and Sea Cove homes. Per California Redevelopment Law, this revenue can only be used for projects within the Redevelopment Project Area or which will benefit the Redevelopment Project Area. Seismic strengthening of the City Hall Administration Building meets all eligibility criteria. California Health and Safety Code Section 33445 requires that, with the consent of the City Council and the Agency Members, the Agency may pay all or part of the cost of installation and construction of any publicly owned facility either within or outside a project area. The Agency's agreement to pay the balance of the costs for the project constitutes indebtedness to the Agency for the purpose of carrying out the redevelopment of Project Areas. The appropriate resolutions and findings were adopted by Council under Resolution No. 2005-77 and the Redevelopment Agency by Resolution No. 356. Both documents are in Attachment No. 3. The redevelopment funds for this project are available from Redevelopment Agency Merged Project Area Capital Projects Fund. Public Works Commission Action: The Public Works Commission reviewed and approved the recommended action on June 17, 2009, with a vote of 5-0-2 (Harlow and Spencer absent). Strategic Plan Goal: Maintain and Enhance Public Safety Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): -3- 6/18/2009 10:47 AM i i it I � it ESTIMATED TOTAL PROJECT COST Base Design & Soft Costs $1,100, 000 Base Construction $5,900,000 Approved Change Orders (non -hazardous material) $100,000 Hazardous Material Change Order $1,450,000 Contingency for remaining Project $100,000 Outstanding Contractor Claims $220,000 Redevelopment Agency Funding $5,270,000 FEMA Grant $3,000,000 Short Fall $600,000 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRATED DESIGN SERVICES, INC. FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE SEISMIC RETROFIT OF THE CIVIC CENTER TOWER THIS AMENDMENT No. 1 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 INTEGRATED DESIGN SERVICES, INC., a California corporation hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated September 18, 2006, entitled "Professional Services Contract Between the City of Huntington Beach and Integrated Design Services, Inc. for Construction Management and Support Services for the Seismic Retrofit of the Civic Center Tower" which agreement shall hereinafter be referred to as the "Original Agreement," and Since its execution, City and Consultant wish to amend the Original Agreement to extend the term by one (1) year, and to increase the compensation to be paid in consideration thereof by City to Consultant. NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENDED TERM TIME OF PERFORMANCE Paragraph 3 of the Original Agreement is hereby amended .to read as follows: Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on September 18, 2010, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than four (4) years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 06-497.001/35179 1 1 ADDITIONAL COMPENSATION Paragraph 4 of the Original Agreement is amended as follows: In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a lump sum basis at the rates specified in the Original Agreement, an additional sum not to exceed One Hundred Twenty Thousand Dollars ($120,000.00). This additional sum shall be added to the original amount of Two Hundred Sixty Eight Thousand, Five Hundred Thirty Dollars ($268,530.00), for a new total contract amount of Three Hundred Eighty Eight Thousand Five Hundred Thirty Dollars ($388,530.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers �l. I-V 06 , ':PR(00 INTEGRATED DESIGN SERVICES, INC, By: �07 print name ITS: (circle one) Chairmat widen ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California d94;& /S ek..' Mayor AND ; J By: City Clerk 7f 916b) AA , � ����� � INITIATED AND APPROVED: rmtnaN ITS: (circle on +Secre Chief Financial Officer/Asst.—T c — Secretary - Treasurer Director of Building & Safety 1 w p A '' " �1 71 APPROVED AS TO FORM: c SY ty Attorney 01 D 06-497.001/35179 2 AGaRDDATE :PD SDE24/09, CERTIFICATE OF LIABILITY. IN. 03 OR-1 1MM/DDWM 061 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ,ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (QC)Heffernan Prof. Practices HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1855 W. Hatella,Ave. 055 ALTER THE, COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92867 ,Phond:714-997-8100 Fax:714-46D� 9935 INSURERS AFFORDING COVERAGE INSURED ' 1fl$URERA: Zmployers.FireInsurance INSURER R. One 'Beacon America IDS,Group, Inc. Naid Hilmy, Principal eters-Canyon Rd. 1 #140 Irvine CA 9235,0161 I INSURER C: Beazliity:Group� INSURER D: INSURER'E I I CnVERA (' FR THE'P.OLICIESOF INSURANCE LISTED BELOW HAVE BEEN I . ISSUED TO THE , INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO NIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INWRANCE'AFFORDtO BY THE POLICIES DESCRIBED HEREIN 16 SUBJEGT'TOALL THE TERMS, EXCLUSIONS AND CONOMONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: INbK LTR AL)IJA INSRE TYPEOFINSURANCE FOLICYNUMBER GY-IFFEOTV DATE atjM,0Drf'YjE POLICY EXPIRATION DATE(MM1DOYY): LIMITS GENERAL LIABILITY EACH OCCURRENC . E, $21O00 "000 X �X COMMERCIAL GENERAL LIABILITY 2U132j9 05/01/09 05/01/10 U PREMISES u(E'ato-ow"rence) s300OOO :3 CLAIMS MADE F-1 OCCUR MED EXP (Any one person) 4 5 , 00 0 PERSONAL& AOV INJURY •42,000,000 GENERAL AGGREGATE s4,000,000 GERL AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMPIOP AGG $4,000, 000 :17 Pile LOC POLICY F1 A AUYCMOBILS LIABILITY ANY AUTO 2UI3238, 05/01/09 05/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 2,1'000,0.00 BODILYINJURY (Per Person) 'ALLOWNEDAUTOS SCHEDULEDAUTOS x HIRED AUTOS X NOWOVINED AUTOS APPROVED AS TO FORM cGRATH, W24 10" BODILY INJURY (Per accident) City Attorney OPERTY DAMAGE PROPERTY (P Or accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ EA ACC OTHERTHAN- AUTO ONLY: AGG $ ANY AUTO NO COVERAGIE. $ EXCESSIUMPRELLA LIABILITY EACHOCCURRENCE OCCUR CLAIMS MADE NO COVERAGE AGGREGATE $ DEDUCTIBLE $ RETENTION $ 13 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY. ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? 406027624 05/01/09 05/01/10 x TORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $1000000 Nos describe under 8 EUIAL PROVISIONS bete. El. DISEASE - POLICYLurr s.1000000 OTHER C Professional Liab V15PIXOSPNPA 11/12108 11/12/09 Per Claim 1,000,000 I I I At2gregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS 10 day notice of -cancellation for non payment of premium All operations as required by contract, City of, Huntington Beach and its officers elected or appointed officials, employees, agents and volunteers are named as aaddition.al insured per the attached endorsement %,Ctl I It -It -A I C "ULUMIA %1ANUCLI-A I IV" CITYH-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DO 30 SHALL City of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn,:. Rob CranmGr 2000 Street REPRESENTATIVES. Huntington Beach, CA 92648 1 AUTHOR N7An�Vr: ACORD 25 (MI/08) @ACORD:CORPORATION 1988 Architects and Engineers Extender Additional Insured Language" The following policy language Is from Employers Fire Insurance Company Business Owners Liability Coverage Form G1591103 05: Form G1591103 05Amends the Commercial General Liability Coverage Form The following are added to Section 11 Who is an Insured: a. Person or organization required by Written Contract Any person or organization that you agree to add as additional insured under this General Liability coverage Part in a written contract or agreement that is made before, and In effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal and advertising injury" €s first committed, but only with. respect'to that person's or organization's liability ar€sing out of your non-professlonal work for that person or organization. However such person or organization Is not an additional insured with respect to any; (1) "Bodily Injury", "property: damage", or"personal and advertising injury" that does not arise out of; (a) Your Negligence: or (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury: "property damage" or 'personal and advertising Injury for which such person or organization has assumed liability Ina contractor agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement, (3) "Property Damage" to (a) Property owned, used or occupied by or loaned or rented to, such person or organization: or (b) Property over which such person or organization is for any purpose exercising physical control: (4) All Professional liability as an architect or engineer arising out of::any construction agreement or activities under which any Insured or anyone acting on any insured's behalf provides or provided service, advise, expertise or work. Construction Includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection formation, reconstruct repair, or in any improvement made to real property. Construction also includes the hiring, supervision or management of these activities. However, this exclusion does not apply to liability arising out of an Insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph: Primary, & Non -Contributory: This insurance will be considered primary to, and non-contributory with any other Insurance issued directly to a person or organization added as an additional insured. Per Project Aggregate: Section III Limits of Insurance is amended by adding the follovring: The General Aggregate Limit under Section ill -Limits of Insurance applies separately to each of "your projects" or each location listed in the location Information In the common policy declarations. Separation of insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in the Coverage Part to the First Named Insured, this insured applies: a. As if each Named insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. Waiver of Subrogation: Transfer of Rights of Recovery Against Other to Us in Section IV — Commercial General Liability Conditions: However, we waive the right of recovery and proceeds we may have against any person or organization that is added as an additional insured under I.'l.a a. Because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" in ongoing operations include or included in the 'prod ucts-completed operations hazard" and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal and advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. NAMED INSURED: POLICY NUMBER: IDS Croup, Inc 2u43238 HORIZE REPRE�Z TATIVE *From Farm: G1591103 05 Professional Service Contracts Purchasing Certification Amendment # 1 1. Date Requested: 6/15/2009 2. Contract Number to be Amended: 31 3. Department: Building and Safety 4. Requested By: Jan Richards 5. Name of Consultant: Integrated Design Services 6. Amount of Original/Prior Contract: $268,530 7. Additional Compensation Requested: $120,000 8. Original Commencement Date: 9/18/2006 9. Original Termination Date: 9/18/2009 10. Extended Date Requested: 9/18/2010 11. Reason for Contract Amendment: Due to delays, additional funding & extended expiration date is needed 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 81 �,55 ( o I.62-Zo 7:1��� Department Head Signature RICHARD AMADRIL Central Services Manager CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RESOLUTION NO. 2005-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO PAYMENT. BY THE REDEVELOPMENT AGENCY OF CERTAIN COSTS RELATED TO THE SEISMIC REHABILITATION OF THE ADMINISTRATION BUILDING OF CITY HALL AND MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plans for the Merged Redevelopment Project Areas (the "Project Areas") of the City of Huntington Beach (collectively the "Redevelopment Plan"); and WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seg.) ("CRL"), the Agency may, with the consent of the City Council ("City Council") of the City of Huntington Beach ("City"), pay all or part of the value of the cost of the installation and construction of any facility, structure, or other improvements which is publicly owned either within or outside a project area, if the City Council makes certain determinations; and WHEREAS, the Administrative Building portion (the "Administrative Building") of the City Hall of the City of Huntington Beach located within the Project Areas, is publicly owned and requires rehabilitation, including seismic retrofitting (the "Rehabilitation"); and WHEREAS, it is in the best interests of the City and for the common benefit of employees, business tenants and property owners within the Project Areas and residents, employees, business tenants and property owners within the City as a whole for the Rehabilitation of the Administrative Building to occur; and WHEREAS, the City has obtained a FEMA Grant to pay for a portion of the costs related to the Rehabilitation of the Administrative Building, but such Grant does not fully finance all costs of the Rehabilitation. WHEREAS, since there are no other reasonable means available to the City to finance the balance of the costs of the Rehabilitation of the Administrative Building, the 05reWscismic rehab CC Agency proposes to pay the balance of the costs of the Rehabilitation from participation proceeds from the Project Areas; and WHEREAS, the Agency's agreement to pay the balance of the costs of the Rehabilitation of the Administrative Building constitutes an indebtedness of the Agency for the purpose of carrying out the redevelopment for Project Areas; and WHEREAS, the Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located; and WHEREAS, no portion of the payment provided by the Agency for the balance of costs of the Rehabilitation of the Administrative Building shall be derived from tax increment funds; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 2. Based on substantial evidence in the record, the City Council hereby finds and determines that: a. The Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located and is consistent with the goals of the Five -Year Implementation Plan for the Project Areas.. This determination is based, in part, on the fact that the Rehabilitation of the Administrative Building is in the best interests of the City and the health, safety, morals and welfare of its taxpayers, employees, business tenants, property owners and residents. The Rehabilitation of the Administrative Building will benefit all employees, business tenants and property owners of the Project Areas, las well as the residents, employees, business tenants and property owners of the City; b. No other reasonable means of financing the balance of the costs of 2 the Rehabilitation of the Administrative Building are available to the City. This determination is based, in part, on the fact that the City itself is not in a position to finance the balance of the costs of the Rehabilitation of the Administrative Building. Without the assistance of participation proceeds from the Project Areas, the Rehabilitation of the Administrative Building would not be feasible; and C. The payment of funds by the Agency for the balance of the costs related to the Rehabilitation will assist in the elimination of one or more blighting conditions within the Project Areas and is consistent with the Redevelopment Plan. This determination is based, in part, on the information contained in paragraph a. above. Section 3. The City Council hereby consents to payment by the Agency of the balance of the costs of the Rehabilitation of the Administrative Building. Section 4. The City Administrator is authorized to take any action and execute any and all documents and agreements necessary to implement this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 71 Gt-day of NnvPmher , 200 5. REVIEWED AND APPROVED: APPROVED AS TO FORM: .City Adrafnistrator kityrney-�u((ji�lr�s INITIATED AND APPROVED: Director of Aonomic Deve ent 3 Res. No. 2005-77 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 21st day of November, 2005 by the following vote: AYES: Coerper, Sullivan, Hardy, Green, Cook NOES: None ABSENT: Hansen, Bohr ABSTAIN: None Ci Clerk and ex-officio lerk of the City Council of the City of Huntington Beach, California REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH RESOLUTION NO. 356 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AGREEING TO PAY CERTAIN COSTS RELATED TO THE SEISMIC REHABILITATION OF THE ADMINISTRATION BUILDIN G OF CITY HALLAND MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plans for the Merged Redevelopment Project Areas (the "Project Areas") of the City of Huntington Beach (collectively the "Redevelopment Plan"); and WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seg.) ("CRL"), the Agency may, with the consent of the City Council ("City Council") of the.City of Huntington Beach ("City"), pay all or part of the value of the cost of the installation and construction of any facility, structure, or other improvements which is publicly owned either within or outside a project area, if the City Council makes certain determinations; and WHEREAS, the Administrative Building portion (the "Administrative Building") of the City Hall of the City of Huntington Beach located within the Project Areas, is publicly owned and requires rehabilitation, including seismic retrofitting (the "Rehabilitation"); and WHEREAS, it is in the best interests of the City and for the common benefit of employees, business tenants and property owners within the Project Areas and residents, employees, business tenants and property owners within the City as a whole for the Rehabilitation of the Administrative Building to occur; and WHEREAS, the City has obtained a FEMA Grant to pay for a portion of the costs related to the Rehabilitation of the Administrative Building, but such Grant does not fully finance all costs of the Rehabilitation. WHEREAS, since there are no other reasonable means available to the City to fully finance the Rehabilitation of the Administrative Building, the Agency proposes to pay the balance of the costs of the Rehabilitation from participation proceeds from the Project Areas; and 05reso/seismic rehab agency balance of the costs of the Rehabilitation from participation proceeds from the Project Areas; and WHEREAS, the Agency's agreement to pay the balance of the costs of the Rehabilitation of the Administrative Building constitutes an indebtedness of the Agency for the purpose of carrying out the redevelopment for Project Areas; and WHEREAS, the Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located; and WHEREAS, no portion of the payment provided by the Agency for the balance of costs of the Rehabilitation of the Administrative Building shall be derived from tax increment funds; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS: Section 1. The Agency hereby finds and determines that the foregoing recitals are true and correct. Section 2. Based on substantial evidence in the record, the Agency hereby finds and determines that: a. The Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located and is consistent with the goals of the Five -Year Implementation Plan for the Project Areas. This determination is based, in part, on the fact that the Rehabilitation of the Administrative Building is in the best interests of the City and the health, safety, morals and welfare of its taxpayers, employees, business tenants, property owners and residents. The Rehabilitation of the Administrative Building will benefit all employees, business tenants and property owners of the Project Areas, as well as the residents, employees, business tenants and property owners of the City; b. No other reasonable means of financing the balance of costs of the 2 Rehabilitation of the Administrative Building are available to the City. This determination is based, in part, on the fact that the City itself is not in a position to finance the balance of costs of the Rehabilitation of the Administrative Building. Without the assistance of participation proceeds from the Project Areas, the Rehabilitation of the Administrative Building would not be feasible; and C. The payment of funds by the Agency for the balance of costs related to the Rehabilitation will assist in the elimination of one or more blighting conditions within the Project Areas and is consistent with the Redevelopment Plan. This determination is based, in part, on the information contained in paragraph a. above. Section 3. The Agency hereby agrees to pay the balance of the costs of the Rehabilitation of the Administrative Building. Section 4. The Agency Executive Director is authorized to take any action and execute any and all documents and agreements necessary to implement this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of November , 200 5. 1 Lr�v! / :(�.[ I REVIEWED AND APPROVED: APPROVED AS TO FORM: Executi Director ency Coun el INITIATED AND APPROVED: Deputy Execu ve birector Res. No. 356 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a regular meeting of said Redevelopment Agency held on the 21st day of November 2005 and that it was so adopted by the following vote: AYES: Coerper, Sullivan, Hardy, Green, Cook NOES: None ABSENT: Hansen, Bohr ABSTAIN: None Cler of the Redevelopmen gency of the City of Huntington Beach, CA CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO: FRED A. WILSON, CITY ADMINISTRATOR FROM: BOB WINGENROTH, DIRECTOR OF FINANCE { SUBJECT: FIS 2008-09-18 Additional Funding For Seismic Upgrade DATE: JUNE 18, 2009 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Additional Funding for Seismic Upgrade." If the Council approves this action, the available undesignated fund balance in the Merged Redevelopment Agency Capital Projects Fund will be reduced to $2,040,338. BW/rs INITIATING DEPARTMENT: Building & Safety SUBJECT: Additional Funding for Seismic Upgrade COUNCIL MEETING DATE: July 6, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appl!cable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Appl!cable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorne) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attt edNopucable El A Staff Report (If applicable) Attacheducable Not A Commission, Board or Committee Report (If applicable) Attached Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable zi EKPLLAHATIOO H FOR W=HG ATTACHMEMTS REVIEWED RETURNED FORWj' A�RDED Administrative Staff ) Deputy City Administrator (Initial) City Administrator Initial City Clerk 'EXPLANATION• OF (Below Spac--e For City Cle,'rk's Use Only) RCA Author: City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 8, 2009 Integrated Design Services, Inc. 1 Peters Canyon Road, Ste. 140 Irvine, CA 92606-1748 To Whom It May Concern: Enclosed for your records a copy of Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Integrated Design Services Inc. for construction management and support services for the seismic retrofit of the Civic Center Tower. Sincerely, oan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ► Ifs Council/Agency Meeting Held: �7-/� �6 HOLE -7 P -1 5: 26 Deferred/Continued to: SefApproved ❑ Conditionally Approved � I r l , Ity Clerk's Signatu <<. a ,.) ..� C i Council Meeting Date: 9/18/2006 1 Department ID Number: BD2006-8 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HON RABLE MAYOR AND C OUNCIL SUBMITTED BY: 7k-L—OtA�U&MH-G" ADMINISTRATOR PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY SUBJECT: AGREEMENT WITH INTERGRATED DESIGN SERVICES, INC. TO PROVIDE CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE SEISMIC RETROFIT OF THE CIVIC CENTER TOWER Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: To proceed with the Seismic construction management firm and construction phases of the Design Services, Inc. (IDS) ha selection process. Funding Source: s Retrofit of City Hall, the City needs to contract with a to provide support and oversight during the design, bidding seismic strengthening of the civic center tower. Integrated been selected as part of an extensive professional services Funds are available in Building & Safety Department business unit 81655101.82800 Recommended Action: Motion to: 1. "Approve the Agreement and Authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Integrated Design Services, Inc." 2. "Authorize the Director of Building & Safety to expend up to $268,530 for professional construction management services to provide support and oversight during the design, bidding and construction phases of the seismic strengthening of the civic center tower." /� J REQUEST FOR COUNCIL ACTION MEETING DATE: 9/18/2006 DEPARTMENT ID NUMBER: BD2006-8 Alternative Action(s): 1. "Deny the request and direct staff accordingly." Analysis The selection of the construction management -consulting firm is critical to assure that the City Hall seismic retrofit has the proper support and oversight. This firm will provide support and oversight during the design, bidding and construction phases to help the City and design teams deliver a quality project within the adopted budget. A seismic retrofit project team was created comprising of key personnel from the Department of Building & Safety (Permit and Plan Check Manager and a Senior Engineer), Department of Public Works (Principal Civil Engineer and Construction Manager) and the Department of Finance (Purchasing and Central Services Manager). The team developed a Request For Qualifications specific to the project scope to attract firms whose forte/niche included the construction management of substantial construction projects and whose resume's include service rendered to municipal entities. Eight consultant firms responded to the RFQ as listed in Attachment 2. The project team created an assessment program that incorporated the consultant's experience, resources, caliber of personnel, references, background check and pricing. A combined ranking was given based on the RFQ response and a subsequent presentation / interview. Further interviews were also conducted. Integrated Design Services, Inc. (IDS) was selected as a result of this extensive process. IDS is a multi -disciplinary award -winning firm comprised of reputable engineers, architects and project/construction managers. IDS was previously contracted to perform the structural peer review of the seismic retrofit. Further contracting with IDS is efficient since they already have knowledge of the project and there will be less "ramping up" to be prepared to help the team. IDS's construction managers are highly recommended by other clients. The total cost for the services is broken down to show a $176,194 cost if the project is built in 9 months, a $218,530 cost if 12 months and an additional $50,000 for additional services if needed. The current project schedule is anticipating a 12-month construction period thus the $268,530 will provide for a 12-month construction period with additional money to manage the project if the project were to last more than 12 months and/or special issues were to arise. Environmental Status: Not applicable Attachment(s): PABuilding Admin\RCA's, Contracts & Insurance Regmts\2006\BD2006-8 Contract to IDS.doc -2- 9/8/2006 3:11 PM ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRATED DESIGN SERVICES, INC. FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE SEISMIC RETROFIT OF THE CIVIC CENTER TOWER 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.........................................................................................7 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 Entirety.....................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRATED DESIGN SERVICES, INC. FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE SEISMIC RETROFIT OF THE CIVIC CENTER TOWER 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 INTEGRATED DESIGN SERVICES, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide construction management and support services for the seismic retrofit of the Civic Center Tower; 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 Said I. Hilmy who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on September 18, 2009, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be 06497/4142 1 completed no later than three (3) years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a lump sum 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 Sixty Eight Thousand, Five Hundred Thirty Dollars ($268,530.00). 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 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, 06-497/4142 2 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 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. 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. 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 06-497/4142 3 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 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. 06497/4142 4 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: TO CITY: City of Huntington Beach ATTN: Director of Building & Safety 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Integrated Design Services, Inc. Attn: Said I. Hilmy 1 Peters Canyon Road, Ste 140 Irvine, CA 92606 -/ 7*8 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. 06-497/4142 5 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 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. 06497/4142 6 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. 27. 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 06-497/4142 7 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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers on ,��Jjj.�� 20Ojr�,. INTEGRATED DESIGN SERVICES, INC. f- By: im v print name ITS: (circle one) Chairm residen ice President ND By: � L print name IT circle one) Secretary/Chief Financial Officer/Asst. E:!D Treasurer REVIEWED AND APPROVED: C' y Administrator 06-497/4142 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: b6 City Attorney fl � INITIATED AND APPROVED: 10 C Director of Building & Safety EXHIBIT A AA INTEGRA-FED DESIGN SERVICES. INC. (IDS) CITY OF HUNTINGTON BEACH CITY HALL ADMINISTRATION BUILDING PROJECT AND CONSTRUCTION MANAGEMENT SCOPE OF WORK Design Phase 1. Provide Design Oversight Services — • Schematic Architectural Design (approximately 30%) • Architectural Design Development (approximately 60%) ■ Construction Documents and Specifications (approximately 90%) • Final Design (100%) IDS understands that keeping the City informed and involved in critical design decisions is essential. During each design phase, IDS will coordinate and lead design meetings (including meeting minute preparation and distribution). IDS will coordinate with the City and Stakeholders ensuring that appropriate personnel are present during the design phase meetings when key design decisions are being made. Furthermore, it is important that all aspects of the construction be coordinated with all entities involved, ensuring that construction impacts are mitigated with regard to ongoing interior operations of the buildings. 2. Constmaabzhy Review— IDS will conduct a review of appropriate plans, specifications, estimates, and calculations. This can be accomplished at any point in the design phase — recommendation is prior to the completion of the 30%, 60%, 90%, and Final Construction Documents. The intent of this review will be to identify errors, conflicts, constructability issues, and end -use compatibility. 3. Development of Project Sthedule — IDS, in conjunction with the Design Team and the City Staff, will develop an overall project schedule. The intent is to develop a design and construction schedule to keep the project on time and ensure compliance with all deadlines associated with the FEMA Grant. IDS will prepare a sample construction schedule in Microsoft Project to assist with developing a project construction phase. 4. Design Review Board Meeting — IDS, along with City Staff, will attend the City's Design Review Board for the purpose of documenting any .action items required by the design team to meet DRB standards. City of Huntington Beach 00 HallAdministratiox Building AA INTEGRATED DESIGN SERVICES. INc. (IDS) Bidding Phase 5. Assist in Setting the Process for Bidding —IDS in conjunction with City Staff and the design team will develop a bidding strategy for the project. Including the development of bidding requirements for expected bidders and the layout of the bid package (bid sheets for additive and deductive alternates, unit price bidding, etc...). Also, IDS will present bid document options such as the Planwell system. 6. Assist with Bid Documents — IDS in conjunction with the City Staff and the design team will review and coordinate bid documents to include City "front-end" specification, bid sheets, and technical specifications. The intent is to ensure City standard specifications and the design team technical specifications are not in conflict. Assist the City in developing a procedure to document non-compliance actions by the Contractor during construction. 7. Pre -Bid Walk% Pre Bid Conference — Coordinate and run pre -bid conference with proposed bidders. Outline the project for the proposed bidders and document and assist in the preparation of any Request for Clarification responses. 8. Bid Analysis and Kecommendation forAward — iDS in conjunction with City Staff and the design team will review the bid for errors or omissions. IDS will provide a bid recap form for the three lowest, responsible, responsive bidders. In addition, verify any qualification requirements and verify licenses to provide an award recommendation. Construction Phase 9. Provide Construction Management Services -Following construction contract award, IDS will provide construction management and contract administration services, including: ■ Organize, plan, and attend weekly progress meetings with the contractor, design consultant, City staff, and any other necessary parties. IDS will prepare and distribute meeting minutes, facilitate coordination, and resolve issues, as appropriate. ■ Coordinate and finalize a construction logistics or staging plan with the builder and City Staff This will include specialized - meetings and coordination for the braced frames. As required, this will include a visit to the brace manufacture. ■ Facilitate construction coordination between contractor, the City, and other agencies. This is to address issue related to construction conflicts with building use. The intent is to mitigate any operational impacts on the building occupants. • Monitor construction progress, ensuring adherence to the schedule. City of Hunfinpn Beacb City Hall Adminirtration Building 2 AA INTEGRATED DESIGN SERVICES. INC. (IDS) ■ Perform periodic inspection of the work — currently planned for daily site visits. Inspection will focus on adherence to the design and City standards. In general, make a determination if the work meets the approved construction documents. Inspections will also concentrate on defining work complete in order to review and process Contractor pay request. • Review and approve progress payments and Contractor Certified Payrolls with City Staff. • Provide bi-weekly construction progress reports. This will include updates on the projects work in place, construction schedule, and any construction related issues. The report will also include an overall financial status to include contingency updates. ■ Issue Field Memos and document Extra Work Reports as required. • Issue Non Compliance Reports (NCR) for construction items that do not comply with the project plans and specifications. NCRs will be maintained and tracked until completed by the Contractor. ■ Prepare daily construction logs and maintain a photo log of construction progress. ■ Respond to emergency (off -hour) issues for logistics, repairs, or utility issues. ■ Coordinate, track, prioritize, and resolve RFI's. Timely RFI resolution is important to avoid delays and change order requests. ■ Coordinate and track construction submittals. • Maintain documentation logs (RFI, submittal, and change orders) to ensure accurate documentation of project paperwork. • Review, track, and make appropriate recommendations on change order requests. Process change orders that are approved by the City. ■ Ensure redline plans are maintained on the project site at all times and that as -built documents in a form acceptable to the city are provided. ■ Coordinate and track punch list items. ■ Attend final project walk with City staff and contractor. • Coordinate and track completion of the project's maintenance manuals and document proper warranty procedures. City of Huntington Beach City HallAdminirtration Building EXHIBIT B EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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 progress payment as identified tasks are completed. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) 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,f 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. 5. 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. 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. 1 EXHIBIT B Integrated Design Services 1 Peters Canyon Road, Suite 140 PMCM 9 Months Construction Duration Pmjeet: City Halt Admire Building Client: City o£ Huntington Beach Date: August 14, 2006 (Revised) c= �s H hate In tit O to O b0 O M O .it O at O w O r» fR 4? Total Cost ProjectTask a to Is P4I a W h a tt ci y �p�7+p c ci � V Provide Ov c Services/ Constntetab ' Review Task - Schematic Architectural Des' 30'/. Lead schematic design meetings / prepare minutes / Project coordination / issue track 4 Review plans, specs, and caks and issue comments DRB M 1 meetwo Task - development 6V/. Lead design development meetings / prepare minutes / project coordination / issue tra 4 m Review plans, specs, and talcs and issue comments ask- Construction documents (W1.) Lead construction document design meetings / prepare minutes / project coordination / issue 4 meetings) Review plans, specs, and talcs and issue comments Task - Final des' w/. Lead design meetings / assist in assembling final bid pacitage C2 meetings) Review plans, specs, and caks (including Phasin& civil, structural. architectural, mechanical, plumbing electricA and estimate) Bade check constructability review comments Task - Project Schedule Provide Design Oversight Services - Total Cow1 26,Q50 CAUstruction Contract Bi Task - Construction Contract Bidding Advertise Project / Job Walk / Bid Question & Addendum Management (1 In House discussion on Bidding Processprocurement 1 Mee ' Assist in preparation of bidding requirements - process for bidding (i meetin Accept & review bids and award contract (1 meeting) Construction contract Bidding - Total cos 1? 789 Page 2 Noll1111 I'�'1� IINW 11111milm oil x Project Manager $125 Architect $110 Structural Engineer $ 110 Mechanical Engineer $ 110 Civil Engineer $110 Electrical Engineer $ 110 Landscape Architect $110 Cost Estimator $110 Construction Engineer $105 Clerical / Support $ 60 a Integrated Design Services 1 Peters Canyon Road, Suite 140 PMCM 9 Months Construction Duration Project City Hall Admire Budding Client City of Huntington Beads Date: August 14, 2006 (Revised) Hourly Rate C4 an va as w w ass en ar► o w �o a u � Y Project Task as W \ TOtal Cost o M YY. w o o Ancillary Costs Miscellaneous (0S% of Total Labor Cost) $ &V MaH/ Delivery (1.5% of Total Labor Cost) i 4M Reproduction (1% of Total Labor Cost) i 11" Total Ancillary Costs f 4,M TOTAL 9 MONTH PROJECT 17404 Project/Construction Management (per Month) if construction exceeds 4 months .f 1412 TOTAL 12 MONTH PROJECT f 21A" Addition On -Call Project/Construction Management Services (allowance) i SO,AGO TOTAL 12 MONTH PROJECT FEE & ADDITIONAL O Z�J$ 26a-0 The above cost proposal assumes the following. Project bid one time ■ Number of Meetings to be Attended by IDS are Shown in Each Task Above Construction Manager is not required on site Full Time A/E is conducting Structural Observations as required by Code • A/E will prepare "As -Built" drawings from Conttactor's redlines • Construction Manager will not provide any on -site facilities (e g. trailer) Designer is providing documentation for Maintenance Phase as indicated in the RFP Page 4 1 ACDRD. CERTIFICATE OF LIABILITY INSURANCE DUE RAW)wM 4106106 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 BEi OW. 714427-6$10 INSURERS AFFORDING COVERAGE INSURED Integrated Design Services, Inc. 1 Peters Canyon Road Suite 140 Irvine, CA 92606 PISURERA: United States i7ldelity & Guaranty INSURER B: St. Paul Fire & Marine Ins. Co. C. INSURER D. INSURER E' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOWMIISTANDING 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 POLES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSNM TYPEOFINSURANCE POLICYNUMBE(i POLICYEFFECTNE POD E)�lRAT1ON LIMITS A GENERAL uAmw SK01245310 11112MS 11112106 EACH OCCURRENCE s 000 ,000 F; LEDAMAGE(A"omfm) s300000 X COMMERCWLGENERALUAsLnY cwMsmmw 0 OCCUR hMED EXP (MY W person) $10 000 PERSONAL & MW INJURY $ 000 GENERAL AGGREGATE $4 000 000 GEN'LAGGREGATEUMRAPPLIESPER: PRODUCTS-COMPIOPAGG AOOO.000 POLICY PRO- El LOC A Acrromowu uAmurr ANYAUTO BKO1245310 11112M5 11/12/06 COL2384ED SINGLE (Ea accidNA) uMIT $2,000,000 ALL OWNED AUTOS SCHEDULED AUTOS RY iL°�+IN) P S X X HSREDAUTOS NON OWNED AUTOS BODILY INJURY (Pei 4PROPERTY s (P-acadau)DAMAGE $ GARAGE LIABILITY AUTO ONLY -I:AACCIDENT $ OTHER THAN EAACC AUTO ONLY. AGG S ANYAUTO $ EXCESS LIABNJIY OCCUR ❑CLAIMS MADE EACH OCCURRENCE s AGGREGATE _ $ _ S $ DEDUCTIBLE $ RETENTION $ WORKERSTIONAND WCSTATU-LV ,TS I QTH- EEL El- EACH ACCIDENT s pfPLOYERS LIABILITY E.L. DISEASE -EA EMPLOYEE s E.L. DISEASE -POLICY LIMIT $ B OTHER Professional OP3807687 11112M5 11112/06 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERAWNSLOCAMONSWEHICLESfENCLUSIONS ADDED BY ENDORSENEWFISPECIAL PROVISIONS General Liability policy excludes dams arising out of the performance AP VED TO Iz RR�I j of professional services. RE: City contracts and large doNar projects dENNI R Mc.. i1y Att0(0 le City of Huntington BeachAs agents,ofcrs and employees are additional (See Attached Descriptions) City of Huntington Beach Attn: Rob Cranner 2000 Main Street Huntington Beach, CA 92648 ACUICU Z6-S (11s1)1 of 2 OS1553031M143205 SHOULD ANYOFTHE ABOVE D ESC RIBED POLK:ESBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER W%W"QWW TO MAIL30_ DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHIEI£FT JMC O ACORD CORPORATION 19N Insured on general liability policy for services provided by and on behalf of the above named insured nma ra s tvual j c OF L JR: lO*jwlM7432u5 - - . - - - - - - ------ ----- Policy Number. BKO1245310 Owners Lessees or Contractors (Form B) ADDITIONAL INSURED Change(s) EffeCUVe. 4 / 06 / 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Huntington Beach Attn: Rob Cranmer 2000 Main Street Huntington Beach, CA 92648 SECTION 11- WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. City of Huntington Beach,its agents,officrs and employees PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CUBF 22 40 03 95 9CIR :re7 . : _• 1� STATE P.O. Box 420807, SAN "FRANaWQ CA 9434Z-0807 " COMPMNSAMON IrNSURANcb FUND cmTngcATE of woRKEw cowmATm INSutA1 m ISSN DATE: 04-05-20M GR01F POLICY K M M tii ses-2006 CEITTMATE IM 70 carnKCATE EXPWIM 10-01-2008 10-01-2005/1"1-2008 CITY OF H=INWON BEACH - RISK MANAtiEMEMT 2000 MAIN ST MWINtTiOM BEACH CA 92648-2702 SP 'JOB:CITY OF HUNTINQTON BRACK - RISK MANAQEMEliT 2000 MAIN STREET HUXTINGTON BEACH CA 92648 We is to certify that we have Issued a valid Workers' compensation Insurance Policy In a form approved by the California knu mice Commissioner to the employer named below for the poky period htdicated This policy is not subject to cartcallatiom by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration 'tads certificate of koxame is not an insurance policy and does not amend, extend or alter the coverage afforded by dve policy Noted hareh adds respect to wMch �i� off uisurance mamayxV mbe issued or t K term or odt R may pertaiof avy n the hstawceor othw documard e afforded by the policy described heroin Is subject to an the terms, exclusions, and corAftions. of such policy_ IED R I' SWA PRESMENT EMPLOYER'S LIABILITY LIMIT IMLUDINB DEFENSE COSTS: $1.000,000 PER OCMWdtENCE. ENDORSEMENT #1600 - SAID HILMY, P S T - EXCLW=ED. ENDORSEMENT #1000 - RAMI ELHASSAh, VP - EXCLUDED. ENDORSEMENT B2065-OMTLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. GAPLOYER 11MU iATED DESIGN SERVICES, INC 1 PETERS CANYON RD STET 140 MINE CA 92806 tftEV.9-0� 6dj {PiX SPj PRINTED : 04-OS-2006 1. Date 2. Department: CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification August 21, 2006 Building and Safety 3. Requested by: Jan Richards 4. Name of consultant: Integrated Design Services 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. Construction management and support services for the Seismic Retrofit of the Civic Center Tower 6. Amount of the contract: $268,530.00 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ❑ Yes ® No 9. Company number and object code where funds are budgeted: 81655101.82800 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. 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 contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). attached 15. Attach proposed scope of work. attached 16. Attach proposed payment schedule. attached Department Head Signature RI HARDt�MADRIL, Manager Purchasing/Central Services 1. If the answer to any these questions is "No," the contract will require approval from the City Council. ATTACHMENT #2 Integrated Design Services, Inc. (IDS) 1 Peters Canyon Road, Suite 140 Irvine, CA 92606 949-387-8500 ext 116 Said Hilmy, Principal Said. hilmy(a-.idsse.com John A. Martin & Associates, Inc (JAMA) 1212 South Flower Street Los Angeles, CA 90015 213-483-6490 John A. Martin, President TMAD Taylor & Gaines 100 S. Anaheim Blvd. #150 Anaheim, CA 92805 714-490-5555 www.tmadt`g.com Albert Chiu, CEO Miyamoto International, Inc. 1901 East Alton Ave, Suite 160 Santa Ana, 92705 949-579-1170 www.miyamotointernational.com Christopher J. Smith, Principal Saiful/Bouquet Structural Engineers, Inc. 385 East Colorado Blvd, Suite 200 Pasadena, CA 91101 626-304-2616 www.sbise.com Saiful Islam, Managing Principal ABS Consulting Inc. 300 Commerce Drive, Suite 200 Irvine, CA 92606 714-734-4242 www.absconsulting.com Martin W. Johnson, Director Nabih Youssef & Associates 800 Wilshire Blvd, Suite 200 Los Angeles, CA 90017 213-362-0707 www.nyase.com Nabih Youssef, Principal Degenkolb Engineers 300 South Grand Ave Los Angeles, CA. 90071 213-596-5000 www.degenkolb.com Chris D. Poland, Chairman, CEO and President RCA ROUTING SHEET INITIATING DEPARTMENT: Building & Safety SUBJECT: Contract to Integrated Design Services COUNCIL MEETING DATE: September 18, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the CityAttome) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Ap licable 19 Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial E City Administrator Initial City Clerk ( ) EXPLANATION FOR RETUk4 • (Below Space For City Clerk's Use Only) RCA Author: ■e CITY OF HUNTINGTON BEACH 2000 MAIN STREET October 3, 2006 Integrated Design Services, Attn: Said I. Hilmy 1 Peters Canyon Road, Ste. Irvine, CA 92606-1748 Dear Mr. Hilmy: OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Inc. 140 CALIFORNIA 92648 Enclosed is a copy of the fully executed Professional Services Contract between the City of Huntington Beach and Integrated Design Services, Inc. for Construction Management and Support Services for the Seismic Retrofit of the Civic Center Tower. Sincerely, � 0 �- jig Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G:foIIowup:agrmt)tr ( Telephone: 714-536-5227 )