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HomeMy WebLinkAboutMichael Merino Architects - 2011-02-22. mu '� Council/Agency Meeting Held:_ 0/ / Deferred/Continued to: XApp o d ❑ ndi i nally A roved ❑ Denied it Clefs Signat r Council Meeting Date: February 22, 2011 Department ID Number: PW 11-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize the Mayor and City Clerk to execute three professional services contracts for as -needed architectural services in an amount not to exceed $300,000 per contract over a three-year period to Michael Merino Architects, Black O'Dowd & Associates, dba BOA Architecture, and M. Arthur Gensler, Jr. & Associates, Inc. Statement of Issue: The Public Works Department has several approved Capital Improvement Program (CIP) projects that require the services of a professional architect to design building improvements. City Council approval is requested to award three professional services contracts for As -Needed Architectural Services, in an amount not to exceed $300,000 per contract, to Michael Merino Architects, BOA Architecture, and M. Arthur Gensler, Jr. & Associates, Inc. Financial Impact: The 2010/11 Capital improvement Program includes $783,611 of Community Development Block Grant Funds for ADA improvements. It is anticipated that $150,000 of these funds will be utilized for project design through these As -Needed Architectural Contracts. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Michael Merino Architects for As - Needed Architectural Services" not to exceed $300,000; and, B) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Black O'Dowd & Associates, dba BOA Architecture for As -Needed Architectural Services" not to exceed $300,000; and, C) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and M. Arthur Gensler, Jr. & Associates, Inc. for As -Needed Architectural Services" not to exceed $300,000. Alternative Action(s): Do not approve one or more of the contracts and direct staff to proceed differently. H -107- Item 6. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/22/2011 DEPARTMENT ID NUMBER: PW 11-006 Analysis: Public Works has been awarded Community Development Block Grant (CDBG) funds to design' and-, construct ADA improvements to city facilities, providing greater accessibility for individuals with disabilities. In order to ensure that the, improvements are designed and constructed to the highest level of compliance while preserving the integrity of the existing facilities, staff will need to utilize the services of a professional architect. It is anticipated that architectural services will also be required for future Capital Improvement Program (CIP). Currently, there are no architectural firms on contract with the City and no personnel on staff that are qualified to provide these services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Sixteen (16) qualified proposals were received and ranked by staff from three departments based on qualifications listed in the Request for Proposals. Through this process it was determined that Michael Merino Architects, BOA Architects, and Gensler best meet the needs of the City. The proposed contracts are for a three-year term with a. total not to exceed $300,000 per contract. Funding sources are from the CDBG funds and capital projects budgets approved by City Council through the annual budget process. At least $150,000 is approved by City Council for facilities design services in the 2010/11 CIP program. There are currently no General Fund appropriations in the budget for these As -Needed Contracts, although this could change if future General Funded projects are approved. The proposed contracts are for "As Needed" services, meaning cost estimates for each project will be requested and evaluated by staff prior to performance of work on a project. Project assignments will be allocated to one of the individual consultants based on the consultant's areas of strength, available resources, and project cost estimates. Future funding anticipated during the three year term of the proposed contracts is $350,000 from CDBG for facility ADA projects. Current projects include ADA improvements to the Civic Center, the Oakview Community Center, Banning Branch Library, and Central Park Restrooms. Future projects will include continued Civic Center improvements, Murdy Community Center, Rogers Senior Center, and Newland Barn ADA improvements. Environmental Status: Not applicable. Public Works Commission Action: Not required. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Michael Merino Architects for As -Needed Architectural Services 2. Professional Services Contract between the City of Huntington Beach and BOA Architecture for As -Needed Architectural Services 3. Professional Services Contract between the City of Huntington Beach and M. Arthur (, Gensler, Jr. & Associates, Inc. for As -Needed Architectural Services Item 6. - 2 HB -108- ATTACmHmMENT #1 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL MERINO ARCHITECTS FOR AS -NEEDED ARCHITECTURAL SERVICES 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 MICHAEL MERINO ARCHITECTS, a sole proprietorship, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as - needed architectural services; 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 described as individual architectural projects basically as set forth in Exhibit "A" incorporated herein, on an as - needed basis as directed by CITY. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all architectural services as set forth in a written Scope of Work to be provided in advance of each PROJECT. CONSULTANT hereby designates Michael R. Merino, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 10-2657/53862 Page 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , T , 20-/j (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in the Scope of Services shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. 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 date of final execution, 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 Three Hundred Thousand Dollars ($300,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services Page 2 of 11 10-2657/53862 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. i 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms set forth in Exhibit 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 To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), 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, 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) negligence, recklessness or willful misconduct related to performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Page 3 of 11 10-2657/53862 CONSULTANT, its officers, agents or employees. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish 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) 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 Page 4 of 11 10-2657/53862 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 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 the provisions for indemnification of CITY by CONSULTANT under the 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. Page 5of11 10-2657/53862 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 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. Page 6 of 11 10-2657/53862 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; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Michael Merino, AIA Michael Merino Architects 629 North Main Street Orange, CA 92868 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. Page 7 of 11 10-2657/53862 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 Page 8 of 11 10-2657/53862 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 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, Page 9 of 11 10-2657/53862 each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature 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. 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 Agreement. This Agreement, and the attached exhibits, contain the entire agreement Page 10 of 11 10-2657/53862 between the parties respecting the subject matter of this Agreement, and supersedes 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 )12R� , 20J/ MICHAEL MERINO ARCHITECTS, a sole proprietorship NO print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: Director of Publi Works AND APPROVED AS TO JAPZOVED AS TO FORM: City tto Arney —9- 1 Page 11 of 11 10-2657/53862 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL MERINO ARCHITECTS FOR AS -NEEDED ARCHITECTURAL SERVICES 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 EXHIBIT "A" As Needed Architectural Services A. STATEMENT OF WORK: The consultant shall perform architectural services on an as needed basis for various projects to be determined during the term of the agreement. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, works schedule, and fee proposal submitted to CITY for its review and approval. The location of the projects will be determined by CITY. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The scope of work for any one project may involve all phases of project development and may include, but not be limited to, the following: 1. Preliminary Plans and Design Alternatives Prepare preliminary layouts, provide all necessary measurements and surveying, and prepare details and calculations. Identify alternatives; prepare estimates of probable costs and present, as needed, at staff and/or public meetings, including recommendations and analyses with respect to the advantages of each alternative. 2. Entitlements/Permits Assist CITY in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits, as may be required. 3. Construction Documents Prepare designs, plans, specifications, cost estimates, and contract bidding documents. Final drawings shall be wet signed and stamped on 30 x 42 inch ink on Mylar media. Drawings shall be prepared in AutoCAD 2000, 2004, or 2007. All project AutoCAD files (i.e. drawings, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format. Construction specifications and bidding documents shall be provided in Microsoft Word Version 2003. The City will provide a Microsoft Word 2003 version of the General Provisions and bid forms; the Consultant shall modify the documents by adding the necessary special provisions and bid items. As Needed Architectural Services Exhibit A 4. Bidding Assist the city in answering bidders' questions, attending pre -bid conferences and job walks, preparing addenda, analyzing bids, and recommending award, as may be required. 5. Construction Attend pre -construction conference. Monitor construction schedule, visit construction site as required for progress and quality of work. Assist the contract manager, contractor, and inspector with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. Prepare "as -built" drawings. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to CONSULTANT. 3. Review construction documents at various stages of completion prior to final documents being issued. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed by and between CONSULTANT and CITY for each project assigned by CITY. As Needed Architectural Services Exhibit A 2 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Total Fees. Total fees shall not exceed Three Hundred Thousand Dollars ($300,000). CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by CITY. B. Hourly Rates and Per Project Compensation 1. CONSULTANT'S fees for such services may be based upon the following hourly rate and cost schedule: Principal of the Firm $ 225.00 Associate of the Firm $ 120.00 Project Architect $ 110.00 Project Manager $ 95.00 Job Captain $ 85.00 Senior Drafter $ 75.00 Drafter $ 60.00 Junior Drafter $ 50.00 Clerical/Secretary $ 45.00 2. CONSULTANT'S compensation fee structure may be based on estimated construction costs at the following rates: Cat. A Projects ($500,000 or less) 12% fee not to exceed $60,000 Cat. B Projects ($500,000 - $1.5 million) 10% fee not to exceed $150,000 Cat. C Projects ($1.5 - $4 million) 8.5% fee not to exceed $340,000 C. Reimbursables. Reimbursables must be authorized in advance by CITY. Printing, delivery or similar reimbursable project expenses may be charged at the amount billed CONSULTANT plus 10%. CONSULTANT shall submit supporting documentation, receipts, and/or vendor invoice with each billing that includes such reimbursables. D. Travel. Charges for time during travel required for a specific project are not reimbursable. Other travel charges must be authorized in advance by CITY. E. Proposal. CITY will request a cost proposal on a per job basis. Cost for preparation of proposals shall be borne by CONSULTANT and not incorporated in billing for services. F. Additional Services/Subcontracted Services: CONSULTANT shall advise CITY in advance when additional or special services are required for project. CONSULTANT shall not subcontract or assign services to engineering or other special consultants without prior authorization from CITY. Michael Merino Architects Exhibit B hourly G. 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 assignment, and total incurred to date for the total contract amount. 3. 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 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. Michael Merino Architects Exhibit B hourly 2 3. Name of contractor/permittee: Michael Merino Architects 4. Description of work to be performed: As Needed Architectural Services 5. Value and length of contract: Not to exceed $300,000 over 3 years 6. Waiver/modification request: Accept $20,000 deductible on professional liability 7. Reason for request and why it should be granted: Consultant will procure policy with $10 000 deductible when their policy renews on March 8, 2011. Waiver will be for one month only (Council to approve contract on Feb. 7) 8. Identify the risks to the City in approving this waiver/modification: Very low risk. Consultant will not have the opportunity to provide any services for the waiver period. Department Head Signature Date. A0PkO ' AL Approvals must be obtained in the order listed on'tkiis fob Two approvals are, required fora request to be granted. Approval froni.the City�A istrator°s ffi )S only.,required if . Risk Management and the' CityA ey s'O s e 1. Risk Management Approved ❑ Denied f Signature Die 2. Cjty Attorney's Office ' proved ElDeni4: nr)Z) - �5 . / Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date if approved; the completed waiver%modification request_sis to be submitted to'the City Attorney's Office along with the contract for approval' Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services K waiver form.doc 1/24/2011 2:57:00 PM ACOR®TM CERTIFICATE OF LIABILITY INSURANCE DATE(MIvVDD,YYI PRODUCER # 0 6116 4 4 9 51- 6 8 9 - 9 4 41 THIS CERTIFICATE IS ISSUED AS A MATTER OF IN ORNiATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HANDY AND PARKER INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i PO BOX 8487 RIVERSIDE, CALIFORNIA 92515 INSURERS AFFORDING COVERAGE I NAIC# j INSURED --- — ------------------------- --- - ---- - -'-- INSURERA: iT_ S_S�cia.l-t_y-_Ins_urance..-'IComg.any_-._ MICHAEL MERINO ARCHITECTS rIN'SURERB: WESTERN_-HERITAGE_-INSURANCCE-_COMPANS 629 NORTH MAIN STREET r INSURER c:—STATE-C-OMPENSATION__ INSUR'ANCE__-FUND j ORANGE, CALIFORNIA 9.2868 INSURERD:. i I — -- - - - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' LTR Rd POLICY NUMBER - POLICYEFFECTIVE p POLICY EXPIRATION LIMITS I GENERAL LIABILITY """"-" ' ` " " EACH OCCURRENCE DAMAGE TO RENTED j $ n OS/-�- 0-0 O COMMERCIAL GENERAL LIABILITY XU I CLAIMS MADE OCCUR SCP 0738990 3/30/10 PREMISES(Eaoccurence) 3/30/11 MEDEXPXP (Any one person) $ 1.0-0-,_0.0.0_' - ----5-,-000 B PEn,ADVINJ�RY GENERAL AGGREGATE 1S - - y_L,_O O.O_,_O V O __ GEN'L AGGREGATE LIMIT APPLIES PER: - - PRODUCTS - COMP/OP AGG $ II PRO POLICY I LOC iAUTOMOBILE L-- LIABILITY -- ---_ - - -- -- - - - I I COMBINED SINGLE LIMIT S I ANY AUTO (Ea accident) ALL OWNED AUTOS ' A ORY BODILY INJURY $ i (Per person) SCHEDULED AUTOS jy g ------i--= -- --- - I HIRED AUTOS BODILY Is- -IN-J-U-R--Y -- - -S(Per accident)NON-OWNEDAUTOS- -- -- - -- . I PROPERTYDAMAGE I .. (Per accident) $ 1 i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ! $ ANY AUTO I EA AC_ C__ $ 1 I OTHERTHAN AUTO ONLY: S AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR El CLAIMS MADE 1,AGGRE.GATE S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND__ - -+ -- EMPLOYERS' LIABILITY CE.L. 18 9 0 8 6 0 -10 . 5 / 1 / 10 5 / 1 / 11 E.L. EACH ACCIDENT $ - �, ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? _ . _. c EMPLOYEE DISEASE, EA CI�1PL� AEI L— - If yes, describe under I SPECIAL PRO NS below E.L. DISEASE -POLICY LIMIT $ OTHER - ...- .. e uc t 1 e : , ) Each Claim: $1,000,000 A &O/Architects & USS 10 0183 3/8/10 3/8/11 I Aggregate: $1,000,000 DES RIPTIONOF0PER TIONS/LOCATIONS/VEHICLES/EXCLUSIONS DEDBYENDORSEMENT/ SPECIAL PROVISIONS ^ 0 DAY NOTICE OF CANC ATION EXCEPT FOR 10 DAYS FOR NON-PAYMENT OF PREMIUM. I CERTIFICATE HOLDER CITY'OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 FAX TO: DEBRA JUBINSKY 714-375-5099 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL a 3 0 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TIVE ACORD 25 (2001/08) --� �"' © ACORD CORPORATION 1988 II �2j��NTINf�TO'�'�>s j O-.... Hit * , + ` ._ li ON BEACH ProfessionaII Service Approval _ orm UNTN �\i� P ,.�,�—— 11 L.IN Date: 1/11/2011 Project Manager: Jerry Thompson, General Svcs. Manager Requested by Name if different from Project Manager: Debra Jubinsky Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Michael Merino Architects 2) Contract Number: PWK Oil 005 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ not to exceed $300,000. Services performed "As Needed" and bid per project. 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance (or designee) Signature Date � �tiiIN�TCITY OF HUNTINGTON BEACH 1 Professional Approval Form PART am' .�. �' Date: 4/29/2010 Project Manager Name: Jerry Thompson Requested by Name if different from Project Manager: Jerry Thompson Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART 1 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: As -needed architectural services for ADA renovations and general renovations to city buildings. 2) Estimated cost of the services being sought: $ Not to exceed $300,000 over 3 years. Initial expenditure estimated to be $60,000 commencing this fiscal year. To be contracted for on -call services used as needed, as funded. 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 85981019.82200 ; 86082005.82200-1 85981025.82200 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3,03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Department -Ff6ad Signature APPROVED, D NIED ❑ J City A ini rator's Signature AC Director of Finance's Initials f 4 //6 Date r 3 10 Date Date (4� Deputy City Administrator's Initials Date Search Results Excluded By Firm, Entity, or Vessel : Michael Merino Architects ' Firm, Entity, or Vessel : Black, O'Dowd and Associates, Inc. Firm, Entity, or Vessel : Gensler as of 26-Jan-2011 1:12 PM EST Your search returned no results. City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92 648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 28, 2011 Michael Merino, AIA Michael Merino Architects 629 North Main St. Orange, CA 92868 Dear Mr. Merino: Enclosed for your records is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and Michael Merino Architects for As -Needed Architectural Services. Sincerely, oan L. Flynn, CMC City Clerk JF:pe Enclosure G:fo11owup:a rmtltr Sister Cities: Anlo,lapan • Waitakere, New Zealand (Telephone: 71 4-536-5227 )