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Black O'Dowd & Associates dba BOA Architecture - 2011-02-22
l 4V .� Dept. ID PW 14-001 Page 1 of 2 Meeting Date: 1/21/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 1/21/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, P.E., Director of Public Works SUBJECT: Approve and authorize execution of amendments to extend Professional Services Contracts with Black O'Dowd and Associates, dba BOA Architecture, and M. Arthur Gensler, Jr. and Associates, Inc. to continue providing as -needed Architectural Services until February 22, 2015 Statement of Issue: Amendments are requested to extend Professional Services Contracts with Black O'Dowd & Associates (BOA) Architecture and M. Arthur Gensler, Jr. and Associates, Inc. (Gensler) for a period of one-year in order to continue providing as -needed architectural services for facilities maintenance and capital improvement projects, specifically for currently contracted ADA improvement projects. All other terms and conditions of the original agreements remain the same. Financial Impact: Community Development Block Grant funds of $25,000 for project design are budgeted in the approved Capital Improvement Project "Main Street Library ADA," 86381501.82200. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute ' Amendment No. 1 To Professional Services Contract Between The City of Huntington Beach AndBlack O'Dowd & Associates, Inc., dba BOA Architecture, for As -Needed Architectural Services," extending the existing agreement for one additional year; and, B) Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 To Professional L Services Contract Between The City of Huntington Beach And M. Arthur Gensler Jr. & Associates, Inc. for As -Needed Architectural Services," extending the existing agreement for one additional s Lfi-' year. Alternative Action(s): Do not approve the amendments. Existing contracts will expire February 22, 2014. Analysis: In 2011, the City Council approved Professional Services Contracts with BOA Architecture, Gensler, and Michael Merino Architects to provide a pool of architectural firms for Public Works staff to utilize in the completion of ADA improvements to city facilities. Each contract has a three- year term which expires on February 22, 2014. Staff is requesting City Council approval to extend two of the three existing contracts for one year to February 22, 2015. This extension for the two contracts will allow staff to facilitate completion of the Main Street Library ADA project from the FY 13/14 Capital Improvements Program. HB -165- Item 10. - 1 Dept. ID PW 14-001 Page 2 of 2 Meeting Date: 1/21/2014 Retaining these two consultants allows staff to allocate assignments based on the consultant's abilities, resources, and cost estimates related to this remaining project. All other prices, terms, and conditions of the original agreements shall remain in effect. Staff has had positive experience with both BOA Architecture and Gensler on prior projects. Staff will be conducting another Request for Proposal for as -needed architectural services for facilities maintenance and capital improvement projects prior to the conclusion of the year. Based on the stated need and ability of the two firms, staff is recommending the approval of these contract extensions. Public Works Commission Action: Not required. Environmental Status: Not applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Amendment No. 1 To Professional Services Contract Between The City Of Huntington Beach And Black O'Dowd & Associates, dba BOA Architecture, For As -Needed Architectural Services 2. Amendment No. 1 To Professional Services Contract Between The City Of Huntington Beach And M. Arthur Gensler, Jr. & Associates, Inc. For As -Needed Architectural Services Item 10. - 2 HB -166- ATTACHMENT #1 AMENDMENT NO. I TO PROFESSIONAL, SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BLACK O'DOWD & ASSOCIATES, dba BOA ARCHITECTURE FOR AS -NEEDED ARCHITECTURAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BLACK O'DOWD & ASSOCIATES, dba BOA ARCHITECTURE, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, City and Consultant are parties to that certain agreement dated February 22, 2011, entitled "Professional Services Contract Between the City of Huntington Beach and Black O'Dowd & Associates, dba BOA Architecture For As - Needed Architectural Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for one (1) additional year, NOW, THEREFORE, it is agreed by City and Consultant as follows: EXTENSION OF TERM The term of the Original Agreement is hereby extended for one (1) additional year. The Original Agreement shall now expire on February 22, 2015. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. REST OF PAGE INTENTIONALLY LEFT BLANK 13-4030/103561 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on BLACK O'DOWD & ASSOCIATES, dba BOA ARCHITECTURE, a California corporation By: C' print name 00 ITS: (circle one) Chairma residen ice President MILK print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: Director of Public W ks 13-4030/103561 2 Architecture O Govemment Services 279 West Seventh Street San Pedro, CA 90731-3321 Telephone:310-832-2681 Facsimile: 310-83141656 E-mail: boaarchla&yahoo.com Website: www. boaarchitecture.com RESOLUTION ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE SHAREHOLDERS AND DIRECTORS OF: BLACK, O'DOWD AND ASSOCIATES, INC A CALIFORNIA CORPORATION NOVEMBER 19, 2013 The undersigned, being all the persons entitled to vote at the meeting of Shareholders of Black, - O/Dowd and Associates Inc., a California corporation (the Corporation, and all the Directors of the Corporation, do hereby adopt the following resolution by unanimous vote of the Shareholders and Directors at a meeting duly held. The follow was adopted: 1. Edward Lok Ng, current Shareholder and Director, will be able to sign Agreements binding the Corporation without a co-signer. 2. Anthony Wu, current Shareholder and Director, will be able to sign Agreements binding the Corporation without a co-signer. Adopted on this 19th day of November 2013. Edward Lok Ng, Shareholder dC . 'di V ACCORLiy CERTIFICATE F LIABILITY INSURANCE �[11/21/2013MMIDDIYYYY) ATE D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cornerstone Specialty Insurance Services, Inc. 3.4252 Culver ]give, A299 Irvine CA 92604 CONTACT Tina Cowie NAME: _._. _ PHONE _ (714) 731-7700 A1C Na (77.4)737-7750 AMAI1: -.t ina{d corners tone specialty. COl'il INSURERS} AFFORDING COVERAGE - .._ �. NAIC /1 INSURERA:COntinental Casualty Com�Jan r� 0443 �__...... INSURED BOA A%2CHI�.'ECTURE 279 West Seventh Street San Pedro CA 90731-3321 IIJSUIZERI3;Hartford Accident & Indemnx,t —._.. .__ iNSURERc:WescolInsurance COmmpan_Y _._...___... INSURERD: _.._.._..�.._._ INSURER E : YINSURERF: COVERAGES CERTIFICATE NUMBER:13/14 ALL COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI•iis CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 1.0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY - LIMITS- - GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00( A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I ?d OCCUR 4017856048 11/20/2013 11/20/2014 DAMA L-- TO RENTED PREMISES Ea occurrence) $ u 300,00( MED EXP (Any one person) $ 10,00( PERSONAL & ADV INJURY $ 2, 000, OOC X ADD'L INSR/PRIMARY PER END' T E'ORM# X BLKT WAIVER OF SUBRO GENERAL AGGREGATE $ 4,000,00C SB-•300176B AS REQUIRED GEN'L AGGREGATE LIMIT APPLIES PER -� PRODUCTS - COMPIOP AGG $ 4, 000, OOC BY WRITTEN CONTRACT POLICY X PRO LOC CONTRACTUAL LXAB INCLUDED $ AUTOMOBILE LIABILITY COMBINED SINGrr LIMIT ([aaccldent) $ 1 000 00C BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 4017856048 11/20/201311/20/2014 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ MIRED AUTOS X NUN -OWNED AUTOS X UMBRELLA LIAR UCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE OED I I RETENTION$ $ 4017856633 11/20/2013 11/20/2014 }3 WDRKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN_IM ANY PROPRIETORIPARTNER/EXECUTIVE❑ OFFICFRIM(Mandatory In ER EXGLUDED7 (Mandatory In NH) N/A 72WECLS9826 11/20/2013 11/20/2014 X J .iWC STATU- O"1'H- ORY E.L. EAC14 ACCIDENT $ 1,000,000 E.L. DISEASE • CA EMPLOYEq $ 1 000 , 000 If yyes, describe under DF..SCRIPTION 01. OPERATIONS belrnv E.1- DISEASE • PO! ICY LIMIT 1 000,000 C Professional Liability 1119367-00 11/20/201311/20/2014 Each0alm $1,000,000 Claims Made Annual Aggregate $2, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedula, if more space is required) Certificate Holder is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement, Coverage is subject to all policy terms and conditions. 30 days Notice of Cancellation *Except 10 days Notice of Cancellation for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. -ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ��3 I ACCORDANCE WITH THE POLICY PROVISIONS, Attn: DDebra Jubinsky 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 Tina Cowie/TCOWIE kCORD 25 (2010105) N S025 (201005).01 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk January 23, 2014 Black O'Down & Associates, dba BOA Architecture 279 West 7th Street San Pedro, CA 90731-3321 To Whom It May Concern: Enclosed for your records is a copy of the "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and Black O'Down & Associates, dba BOA Architecture for As -Needed Architectural Services." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand IJ Council/Agency Meeting Held: ®/ / Deferred/Continued to: )kApp ov d 0 ndi i Wally A roved ❑DeniedSWC41es Signa r Council Meeting Date: February 22, 2011 Department ID Number: PW 11-006 111W90111,019111NMI! 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. HB -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 Goad: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): Grp Item 6. - 2 HB -108- ATTACHMENT PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BLACK O'DOWD & ASSOCIATES, dba BOA ARCHITECTURE 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 BLACK O'DOWD & ASSOCIATES, dba BOA ARCHITECTURE, a California corporation, 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 Glenn K. Dea, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Page 1 of 11 10-2657/53882 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 glA, 20_ (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 10-2657/53882 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. «B.» 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 10-2657/53882 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 10-2657/53882 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 5 of 11 10-2657/53882 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 10-2657/53882 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: Black O'Dowd & Associates, dba BOA Architecture 279 West 71h Street San Pedro, CA (?p 73/ -3324 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 10-2657/53882 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 10-2657/53882 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 10-2657/53882 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 10-2657/53882 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 � �/ , 201L BLACK O'DOWD & ASSOCIATES, dba BOA ARCHITECTURE, a California corporation By: a�q print nJfle ITS: (circle one) Chairman residen�ice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITIATED AND APPROVED: irector' of Public 17orks REVIEW D AND APPROVED AS TO CONTF /? Administrator APPROVED AS TO FORM: City Attorney �.� X',n�('► �� 1 0 1�t20� \� I Page 11 of 11 10-2657/53882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BLACK O'DOWD & ASSOCIATES, dba BOA ARCHITECTURE FOR AS -NEEDED ARCHITECTURAL SERVICES Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment.................................................................................................. I Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignmentand Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration..............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 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: 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 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Total Fees. Total fees shall not exceed Three Hundred Thousand Dollars ($300,000). CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by CITY. B. Hourly Rates and Per Project Compensation 1. CONSULTANT'S fees for such services may be based upon the following hourly rate and cost schedule: Principal Architect.....................................................$ 185.00 Associate Architect....................................................$ 150.00 Project Architect........................................................$ 130.00 Certified Access Specialist ........................................$ 130.00 Project Designer.........................................................$ 125.00 GIS/Database Manager ..............................................$ 125.00 Senior Designer..........................................................$ 110.00 Access Surveyor.........................................................$ 90.00 Intermediate Technical ...............................................$ 85.00 Administrative/Clerical Staff .....................................$ 70.00 2. CONSULTANT'S compensation fee structure may be based on estimated construction costs per the attached Design Consultant Basic Fee Schedule. 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 rimbursables. 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. G. Billing I. 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. BOA Architecture Exhibit B hourly 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. BOA Architecture Exhibit B hourly 2 DESIGN CONSULTANT BASIC FEE SCHEDULE BASED ON MENU OF SERVICES (PROJECT TYPE) MENU OF SERVICES Project Type 1 Historical Preservation Projects Project Type 2 Office Buildings Park Developments(including buildings) Community Buildings, Clubhouses Swimming Pools and Bathhouses Gymnasium Fire Stations/Training Centers Libraries Comfort Stations/ Dressing Rooms Project Type 3 Parking Lots Utility Buildings Heliport PROJECT TYPE CLASSIFICATION Project Type 1 Schedule I Project Type 2 Schedule II Project Type 3 Schedule III DESIGN CONSULTANT FEE/ PROJECT VALUE SCHEDULE FEE EXPRESSED AS PERCENTAGE OF CONSTRUCTION PROJECT COST Schedule I $0 - $200,000 11.0% $200,000 - $500,000 10.0% $500,000 - $1,000,000 9.5% $1,000,000 - $2,000,000 9.0% $2,000,000 - $5,000,000 8.5% $5,000,000 - $10,000,000 8.0% 7.5% in excess of $10,000,000 Schedule II $0 - $200,000 10.5% $200,000 - $500,000 9.5% $500,000 - $1,000,000 9.0% $1,000,000 - $2,000,000 8.5% $2,000,000 - $5,000,000 8.0% $5,000,000 - $10,000,000 7.5% 7.0% in excess of $10,000,000 Schedule III $0 - $200,000 10.0% $200,000 - $500,000 9.0% $500,000 - $1,000,000 8.5% $1,000,000 - $2,000,000 8.0% $2,000,000 - $5,000,000 7.5% $5,000,000 - $10,000,000 7.0% 6.5% in excess of $10,000,000 SAMPLE FEE CALCULATION FOR DESIGN CONSULTANT For Basic Services: Facility Budget Cost $350,000 (Schedule Group 11 - $200,000 to $500,000) Project Type 2 Fee Calculation: $350,000 x 9.5% = $33,250 BOA Architecture Exhibit B hourly CERTIFICATE OF LIABILITY INSURANCE F _DATE 2/1/201�") THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A299 CONTACT Tina Cowie NAME: A/CO"No t (714) 731-7700 A/C No: (714)731-7750 ADMDRIESS: tina@ cornerstone specialty. corn CRODUUSTOM _a 113,90000017 INSURERS AFFORDING COVERAGE NAIC # Irvine CA 92604 INSURED INSURER .Valley Forge Insurance Company 20508 INSURER B:Contlnental Casualty Company 20443 INSURERC:Hartford Accident & Indemnit BOA ARCHITECTURE INSURER DArgonaut Insurance Company 279 West Seventh Street INSURER E : INSURER F: San Pedro CA 90731-3321 COVERAGES CERTIFICATE NUMBER:ALL COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300 ��� MED EXP (Any one person) $ 10,000 A I CLAIMS -MADE Lil OCCUR 4017856048 11/20/2010 11/20/2011 PERSONAL BADVINJURY $ 2,000,000 X ADD'L INSD/PRIMARY PER END'T FORM# X BLKT WAIVER OF SUBRO GENERAL AGGREGATE $ 4,000,000 SB-300176B AS REQUIRED GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 4,000,000 BY WRITTEN CONTRACT $ POLICY X PROT- LOC CONTRACTUAL LIAB INCLUDED AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 A X ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS PP 4017856048 D AS TMATCAV 11/20/2010 11/20/2011 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ X NON -OWNED AUTOS ��i 1�- me X UMBRELLA LIAB OCCUR 1/ EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAR HCLAIMS-MADE HDEDUCTIBLE $ $ B RETENTION $ 4017856633 11/20/2010 11/20/2011 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X WC STATU- OTH- E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OF EXCLUDED? (Mandatory in NH) NIA 72WECLS9826 11/20/2010 11/20/2011 E L DISEASE - POLICY LIMIT $ 1,000,000 If yes, descnbe under DESCRIPTION OF OPERATIONS below D Professional Liability IAE11370-01 11/20/2010 11/20/2011 Each Claim $1,000,000 Claims Made - $7,500 ded Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *Except 10 days Notice of Cancellation for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. Ia City of Huntington Beach Attn: DDebra Jubinsky 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cowie/TCOWIE -` ACORD 25 (2009/09) ©1988-2009 ACURD CURPUKA I IUN. All rlgnts reservea. INS025 (2oosos) The ACORD name and logo are registered marks of ACORD INSURED: BOA Architecture POLICY NUMBER: 4017856048 POLICY PERIOD: 11/20/2010 to 11/20/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION/AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Section C., - Who is an Insured: A. The Businessowners Liability Coverage form is amended to include as an insured, any, person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled Liability and Medical Expenses Definitions — "Insured Contract" (Section F., item 9.), within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. D. Other Insurance (Section H.2. and H.3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. SB-300176-B Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 (Ed. 01/08) Copyright, Insurance Services Office, Inc. CNA damage" included in the "products -completed 3. When this insurance is excess, we will have no operations hazard," and for medical expenses duty under Coverages A or B to defend the payable under Coverage A.2. regardless of the additional insured against any "suit" if any other number of: insurer has a duty to defend the additional a. Insureds; insured against that suit' if no other insurer b. Claims made or "suits" brought; or defends, we will undertake to do so, but we will be entitled to the additional insured's rights c. Persons or organizations making claims or against all those other insurers. bringing "suits." When this insurance is excess over other 3. Any payments made under Coverage A.I. for insurance, we will pay only our share of the damages or under Coverage A.2. for medical amount of the loss, if any, that exceeds the sum expenses shall reduce the Construction Project of: General Aggregate limit for the applicable (a) The total amount that all such other construction project. Such payments shall not insurance would pay for the loss in the reduce the General Aggregate limit shown in the absence of this insurance; and Declarations nor shall they reduce any Construction Project General Aggregate limit (b) The total of all deductible and self -insured applicable to other construction projects. amounts under all that other insurance. 4. The limits shown in the Declarations for Liability We will share the remaining loss, if any, with any and Medical Expenses, Damage to Premises other insurance that is not described in this Rented to You, and Medical Expenses continue Excess Insurance provision and was not bought to apply. However, instead of being subject to specifically to apply in excess of the Limits of the General Aggregate limit shown in the Insurance shown in the Declarations of this Declarations, such limits will be subject to the Coverage Part. applicable Construction Project General E. Transfer of Rights of Recovery Against Others Aggregate limit. To Us (Section K.2.) of the Businessowners B. For all sums which the insured becomes legally Common Policy Conditions is deleted and obligated to pay as damages caused by replaced with the following: "occurrences," and for all medical expenses caused 2. We waive any right of recovery we may have by accidents, which cannot be attributed only to ongoing operations at a single construction project: against any person or organization against whom you have agreed to waive such right of 1. Any payments made under Coverage A.1. for recovery in a written contract or agreement damages or under Coverage A.2. for medical because of payments we make for injury or expenses shall reduce the amount available damage arising out of your ongoing operations under the General Aggregate limit or the or "your work" done under a contract with that Products/Completed Operations Aggregate limit, person or organization and included within the whichever is applicable; and "products -completed operations hazard." 2. Such payments shall not reduce any 9. Amendment- Aggregate Limits of Insurance (Per Construction Project General Aggregate limit. Project) C. When coverage for liability arising out of the A. For all sums which the insured becomes legally "products -completed operations hazard" is provided, obligated to pay as damages caused by any payments for damages because of "bodily "occurrences" under Coverage A.1., and for all injury" or "property damage" included in the medical expenses caused by accidents under "products -completed operations hazard" will reduce Coverage A.2., which can be attributed only to the Products/Completed Operations Aggregate limit, ongoing operations at a single construction project: and not reduce the General Aggregate limit nor any 1. A separate Construction Project General Construction Project General Aggregate limit. Aggregate limit applies to each construction D. If a construction project has been abandoned, project. The Construction Project General delayed, or abandoned and then restarted, or if the Aggregate limit is equal to the amount of the authorized contracting parties deviate from plans, General Aggregate limit shown in the blueprints, designs, specifications or timetables, the Declarations. project will still be deemed to be the same 2. The Construction Project General Aggregate construction project. limit is the most we will pay for the sum of all E. The provisions of the Limits Of Insurance section damages payable under Coverage A.1., except not otherwise modified by this endorsement shall damages because of "bodily injury" or "property continue to apply as stipulated. SB-300176-B Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (Ed. 01/08) Copyright, Insurance Services Office, Inc. CITY • 1 J • BEACH 1!'oF Z,o; gv ProfessionalServiceApproval r' Form 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 l & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Black, O'Dowd & Associates, Inc. dba BOA Architecture 2) Contract Number: PWK 011 004 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. 15irector of Finance (or designee) Signature Date { CITY OF HUNTINGTON BEACH Professional Service Apits(oo r' i i PART I 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 I 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; 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. Signature APPROVED, D MED ❑ City A ini rator's Signature �C Director of Finance's Initials 4 f f Date - 72 10 Date Date - & 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 ®f Huntington Beat 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 28, 2011 Black O'Down & Associates, dba BOA Architecture 279 West 7th Street San Pedro, CA 90731-3321 To Whom It May Concern: Enclosed for your records is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and BOA Architecture for As -Needed Architectural Services. Sincerely, Flynn, CMC City Clerk JF:pe Enclosure Glollowup:agrmthr Sister Cities: Anjo, Japan 0 Waitakere, New Zealand (Telephone: 7 9 4-536-5227 )