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HomeMy WebLinkAboutCash & Associates and URS Corporation dba URS Corporation Americas, a Nevada Corporation - 2006-03-20Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 5t- =�) &-40 • Cler s Si ure 9& Council Meeting Date: 8/20/2007 Department ID Number: 07-053 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATORS PREPARED BY: TRAVIS K. HOPKINS, PE, ACTING DIRECTOR 6F PUBLIC W R S - ENGINEERING SUBJECT: APPROVE AMENDMENT TO CONTRACT WITH CASH & ASSOCIATES, INC. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: An amendment to the Professional Services Agreement with Cash & Associates, Inc. is required to reflect their acquisition by URS Corporation as well as to update the Agreement's indemnification section. Funding Source: No funding is required for this action. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Assignment of Obligations and Amendment to Agreement between the City of Huntington Beach, Cash and Associates, Inc. and URS Corporation, Doing Business as URS Corporation Americas, A Nevada Corporation." Alternative Action(s): Do not execute the agreement and direct staff on how to proceed. r--ld REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: 07-053 Analysis: On March 20, 2006, the City Council approved a professional services agreement with Cash & Associates to provide on -call architectural services. Subsequently, Cash & Associates, Inc. was acquired by URS Corporation. This agreement will assign Cash & Associate's obligations to URS Corporation. In addition, due to the City's original indemnification requirements, Cash & Associates was restricted in their scope of services. State law was enacted this year that modifies the City's indemnification requirements that will now allow Cash & Associates to offer a wider range of services to the City. Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: Not required for this action. Environmental Status: Not Applicable for this action. Attachment(s): 1. Assignment of Obligations and Amendment to Agreement between the City of Huntington Beach, Cash and Associates, Inc. and URS Corporation, Doing Business as URS Corporation Americas. A Nevada Corporation -2- 8/3/2007 12:13 PM ATTACHMENT #1 ASSIGNMENT OF OBLIGATIONS AND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, CASH AND ASSOCIATES, INC. AND URS CORPORATION, DOING BUSINESS AS URS CORPORATION AMERICAS, A NEVADA CORPORATION THIS ASSIGNMENT OF OBLIGATIONS AND AMENDMENT TO AGREEMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," CASH AND ASSOCIATES, INC., a California corporation, hereinafter referred to as "Cash," and URS CORPORATION, doing business as URS Corporation Americas, a Nevada corporation, hereinafter referred to as "URS." WHEREAS, City and Cash are parties to that certain agreement, dated March 20, 2006, entitled "Professional Services Contract Between the City of Huntington Beach and Cash And Associates for On -call Architectural Services," which agreement shall hereinafter be referred to as the "Original Agreement," and Cash has been acquired by URS; and The parties wish to assign the Original Agreement to URS, and amend the Scope of Services and Indemnification portions of the Original Agreement, NOW, THEREFORE, it is agreed by City, Cash and URS as follows: ASSIGNMENT OF ORIGINAL AGREEMENT TO URS AND CONSENT THERETO Cash hereby assigns all its right, title, and interest, and delegates all its obligations, responsibilities and duties in and to the Original Agreement, to URS. URS hereby accepts the assignment of all of Cash's obligations, responsibilities and duties under the Original Agreement and all of Cash's right, title and interest in and to the Original Agreement. City hereby consents to the assignment from Cash to URS. 07-1093/12640 2. AMENDMENT OF SECTION 1 OF THE ORIGINAL AGREEMENT ENTITLED "SCOPE OF SERVICES" Section 1 of the Original Agreement, entitled "Scope of Services," is hereby amended to read as follows: CONSULTANT shall provide all services described as individual architectural projects, 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 functions as set forth in a written Scope of Work to be provided in advance of each PROJECT. CONSULTANT hereby designates David Bachle; who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 3. AMENDMENT OF SECTION 8 OF THE ORIGINAL AGREEMENT ENTITLED "INDEMNIFICATION" Section 8 of the Original Agreement, entitled "Indemnification," is hereby amended to read as follows: 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 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 the 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 the CONSULTANT. 07-1093/12640 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on &6 U S7" j�90 , 2007. CASH AND ASSOCIATES, INC. a California corporation IC H . '(ld-aM /mow Jd1 .s (print or type name) Its: (circle one) Chairman/President/Vice President By: ' hvw CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 14US-TIO L. Ma —es OVED AS TO FORM: (print or type name) Its: (circle one) cretar /Chief Financial Officer/ Asst. Secretary -Treasurer Attorney URS CORPORATION a Nevada corporation (print or type name) Its: (circle one) Chairman/President/Vice President By: IG�.iSitrJ l.• .SoueS (print or type name) Its: (circle one) Sec�y/Chief Financial Officer/ Asst. Secretary -Treasurer INITIATED AND APPROVED: )6'kDirector of Public Wo ks Faewn, tft REVIEW AND A P VED: City Adm'nistrator' 07-1093/12640 ✓1 1. 2. 3. 4. 5. 6. 7. k * INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST Requested by: Teresa De Coite/ Risk Mgmt JUN 2 J 2007 Date: June 18, 2007 ermittee: URS Corporation City of Huntington Beach Name of contractor/ p p City Attorneys Offic® Description of work to be performed: Engineering Design and Technical Services Value and length of contract: $1,000,000/ Contract expires 3/20/2009 Waiver/modification request: $10,000,000 deductible Reason for request and why it should be granted: unable to meet zero deductible requirement Identify the risks jo the City in approving this waiver/modification: None. Department Head Signature r -mil C) Date: I. RApproved kManagement ❑Denied �,_/. Signature Date 2. approved Attorney's Office ❑ Denie A •D�-- SignaturDate 3. City Administrator's Office ❑ Approved El Denied Signature Date Waiver 6/18/2007 4:17:00 PM TIRS Cash & Associates May 23, 2007 Risk Management Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Ms. Cathy Sanchez Subject: Insurance Waiver Request Professional Services Contract Between The City of Huntington Beach and Cash & Associates for On -call Architectural Services (C&A Job No. 6378.00) Gentlemen: Last January, we informed the City of Huntington Beach (City) that Cash & Associates (C&A) merged into URS' primary operating subsidiary, URS Corporation, a Nevada Corporation (tax ID: 94-1716908). The former C&A staffs continue to operate from our Huntington Beach office. All contracts, leases and the like are now executed under the name of URS Corporation, a Nevada Corporation, d/b/a URS Corporation Americas in California (URS). Section 9 of the above referenced contract stipulates that the Consultant's professional liability insurance policy shall not contain a self -insured retention (SIR) except with the express written consent of the City. URS's professional liability insurance structure contains a SIR of $10,000,000. We are requesting a waiver on these specific requirements for the following reasons: 1. URS has the ability to meet the $10,000,000 retention. Enclosed with this letter is a copy of URS Corporation's 2006 Annual Report providing evidence of URS's financial position. 2. This type of insurance structure is customary for a company the size of URS. The subject Contract expires on March 20, 2009, unless sooner terminated by the City and has a "not to exceed" contract value of One Million Dollars ($1,000,000). To date, 8 Task Orders have been issued with a total contract value of $240,033 or an average of $30,004 per Task Order. If you need additional information to complete and approve your internal Insurance Waiver Form or if you have any questions regarding this letter, please contact me at (714) 895-2072. URS Corporation 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 Tel: 714,895.2072 Fax: 714.895.1291 Very truly yours, URS Corporation Wilfrido B. Simbol, P.E. (C29699) Vice President/Office Manager WBS ref:gAProjects\wbs\6111\urs\CHB Waiver Enclosures Mail: P.O. Box 2715 Huntington Beach, CA 92647 ACORD,, CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 DATE 05/21/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED ORS Corporation d.b.a. ORS Corporation Americas INSURERA:National Union Fire Ina Co of Pittsburgh 19445-100 600 Montgomery Street, 25th Floor INSURERB:Lexington Insurance Company 19437-000 INSURERC:American International South Insurance Co 40258-001 San Francisco, CA 94111 INSURER D: insurance Company of the State of PA 19429-100 INSURERE:Lloyd's of London/A.F. Beazley Syndicate 15792-200 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 LTR ADEY INSR TYPEOFINSURANCE POLICYNUMBER POLICY EFFECTIVE DATE M/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A X GENERAL LIABILITY GL197-9807 5/1/2007 5/l/2008 EACH OCCURRENCE $ 11000,000 PREMISES TO RENTED $ 11000,000 X COMMERCIALGENERALIIABILITY CLAIMS MADE Fx_1 OCCUR MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 11000,000 X XCU, BFPD X Contractual Liabilit GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECT p LOC A A AUTOMOBILE LIABILITY ANY AUTO CA826-2672 CA826-2675 5/1/2007 5/l/2007 5/1/2008 5/1/2008 COMBINED SINGLE UMIT (Ea accident) $ 2,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident) $ R FORM GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ONLY: AGG $ ANY AUTO R MCGrTUH",��EAACC ��TLOTHERTHANi •r TY-11D �AUTO $ B EXCESS LIABILITY 7022099 7 5/007 5/1/2008 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC7181903 1/1/2007 1/1/2008 X I TORYLMITS I OER E.LEACH ACCIDENT $ 11000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE WC7181935 l/l/2007 1/1/2008 E.LDISEASE -EAEMPLOYEE $ 1 000 OOp D OFFICER/MEMBEREXCLUDED? WC7181937 1/1/2007 1/1/2008 D If yes, describe under SPECIAL PROVISIONS below 181904 WC7181936 1 2 07 1 2008 E.LDISEASE-POLICY LIMIT $ 1 000,000 E OTHER EMP 0005 5/1/2007 5/1/2008 B Professional Liability 1156494 E&O 5/l/2007 5/l/2008 $,00,000. Each Claim �$10000,000. w/Limited Contractual - Aggregate Claims Made Policy DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 4/29/2007 WITH ID: 8898032 All Operations - USA General Liability - SIR $4,000,000. Professional Liability - SIR $10,000,000. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Huntington Beach Attn: Risk Management Division REPRESENTATIVES. 2000 Main St. ORIZEDREPRESEptTATIVE Huntington Beach, CA 92648 r h /� IA�I I , C7�/r D25(2001/08) Coll:1989009 Tpl:627195 Cert:89V3422 ©ACORDI ORPORATION1988 W1111S CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 05/2DATE 1/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED URS Corporation d.b.a. URS Corporation Americas INSURERA:National Union Fire Ins Cc of Pittsburgh 19445-100 600 Montgomery Street, 25th Floor INSURERB:Lexington Insurance Company 19437-000 INSURERC:Americau International South Insurance Co 40258-001 San Francisco, CA 94111 INSURERD:Insurance company of the State of PA 1 19429-100 INSURERE:Lloyd' a of London/A. F. Beazley Syndicate 115792-200 PROVISIONS City of Huntington Beach, its agents, officers and employees are included as Additional Insured as respects the General Liability policy, where required by written contract. Coll:1989009 Tpl:627195 Cert:8973422 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form -does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) C011:1989009 Tpl:627195 Cert:8973422 POLICY NUMBER: GL197-9807 COMMERCIAL GENERAL LIABILITY CG20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees Location And Desci All Operations - USA Additional Premium: of Completed Operations: (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". Primary Wording: Such insurance as is afforded by this endorsement for the additional insureds shall apply as primary insurance. Any other insurance maintained by the -additional insureds or its officers and employees shall be excess only and not contributing negligence on part of the additional insureds. CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: GL197-9807 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees (If no entry appears above, informationrequiredto complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bod- ily injury" or "property damage" occur- ring after: (1) All work, including materials, parts or equipment furnished in connec- tion with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as a part of the same project. Primary Wording: Such insurance as is afforded by this endorsement for the additional insureds shall apply as primary insurance. Any other insurance maintained by the additional insureds or its officers and employees shall be excess only and not contributing negligence on part of the additional insureds. CG 2010 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (4/84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Huntington Beach, its agents, officers and employees This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 1/1/2007 POLICY NO: WC7181903 INSURED: URS Corporation d.b.a. URS Corporation Americas INSURANCE COMPANY: National Union Fire Ins Co of Pittsburgh, PA RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Contract Amendment with Cash & Associates COUNCIL MEETING DATE: August 20, 2007 RCAATTACHMzgN STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS . EXPLANATION FOR RETURN OF' ITEM:` RCA Author: T. Broussard City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 27, 2007 URS Corporation 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 To Whom It May Concern: Enclosed for your records is a copy of the Assignment of Obligations and Amendment to Agreement Between the City of Huntington Beach, Cash and Associates, Inc. and URS Corporation, DBA URS Corporation Americas, a Nevada Corporation reflecting the acquisition of Cash and Associates by URS Corporation. Sincerely, J n L. Flynn City Clerk JF:pe Enclosure: Agreement G. followup: agrmthr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) �.) R F ""F, I °if) bill (9� �M 200611AR -8 AM 9 37 C, 1 ', CLEr K ca y or hliJ-'iWGFON GCACrl Council/Agency Meeting Held Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied City rk s Si ature Council Meeting Date 3/20/2006 Department ID Number PW 06-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR A�C U IL MEMBERS SUBMITTED BY PENELOPK LBR TH-GRAFT CITY AD I T TOR /�G PREPARED BY ROBERT F BEARDSLEY PE DIRECTOR OF P LIC WORKS SUBJECT Approve Contract with Cash & Associates for As Needed Architectural Services Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The Public Works Department requires architectural services on an as needed basis to support staff for the design and construction of capital projects Funding Source Funds are available within budgeted capital improvement projects Additional Council authorization will be requested for unbudgeted projects if necessary Recommended Action Motion to Approve and authorize the Mayor and City Clerk to execute a professional service contract with Cash and Associates for on -call architectural services for an amount not to exceed $1 million Alternative Action(s) Do not authorize the contract and direct staff to request proposals from other architectural firms for design services for various capital projects Projects could be delayed up to one year REQUEST FOR ACTION MEETING DATE 3/20/2006 DEPARTMENT ID NUMBER PW 06-004 Analysis The City s Capital Improvement Program exceeds $50 million in FY 2005/06 Projects include various improvements to City buildings including a new building to support the reorganization of the Utilities Division as well as improvements to several fire stations the Central Library the 3rd floor lobby and a study to replace the Banning Branch Library Proposals were requested and submitted in compliance with Chapter 3 03 of the Huntington Beach Municipal Code Two firms Richard Brady & Associates and Cash & Associates were selected to provide these services utilizing a Quality Based Selection process Richard Brady & Associates is currently under contract with the City therefore this action is to approve the contract with Cash & Associates The contract allows for a three-year contract term with a total budget not to exceed $1 million Funding sources will be capital project accounts using the approved project budgets Public Works Commission Action Not required Environmental Status Not applicable Attachment(s) 1 1 Professional Services Contract with Cash & Associates G \R C A\2006\06 004 March 20 Broussard (As Needed Architecture) doc 2 2/28/2006 10 29 AM ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CASH AND ASSOCIATES FOR ON -CALL 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 7 Disposition of Plans Estimates and Other Documents 3 8 Hold Harmless 3 9 Protessional 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 Entiiety 10 0',a,ree/c35h T SOL PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CASH AND ASSOCIATES FOR ON -CALL 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 hel emafter referred to as "CITY and CASH & ASSOCIATES a California corporation hereinafter referred to as 'CONSULTANT" WHEREAS, CITY desires to engage the services of a consultant to provide on call 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 I SCOPE OF SERVICES CONSULTANT shall provide all services described as individual architectural projects that do not include the design of load -beating structures and limited to studies conceptual designs interior decorating and non structural tenant improvements 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 functions as set forth in a written Scope of Work to be provided in advance of each PROJECT CONSULTANT hereby designates David Bachle who shall rLpiesent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 0 a—ree/cash assoL 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date') This Agreement shall expire three (3) year(s) from the Commencement Date unless sooner terminated as provided herein These times may be extended with the written permission of CITY 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 wilting by CITY and CONSULTANT 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 One Million Dollars ($1 000 000) 5 EX FRA 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 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 0 a_ree/cash assoc 2 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit A 7 DISPOSITION OF PLANS, ESTIMATES AND OTHFR DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder including without limitation, all original drawings designs reports both field and office notices calculations computer code language data or programs maps, memoranda letters and other documents shall belong to CITY and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect defend indemnify and hold harmless CITY its officers elected or appointed officials employees agents and volunteers from and against any and all claims damages losses expenses 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 negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT its officers agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTAN F 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 O-)a-reekash asSOL 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 deductible or any other similar form of limitation on the required coverage except with the express written consent of CITY A claims made policy shall be acceptable if the policy further provides that A The policy retroactive date coincides with or prc,cedes 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 e\tended period of coverage following PROJECT completion If insurance is terminated for any reason CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement 10 CERTIFICATE OF INSURANCE Prior to commencing perfornmance 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 0-,auee/cash aSSO( 4 B shall state that the policy is currently in force and C shall promise that such policy shall not be suspended voided or canceled by either party reduced in coverage or in limits except after thirty (30) days' prior written notice however, ten (10) days prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from 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 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 anytime with or without O',aeree/cash atisoc 5 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 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 Govef ninent 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 wanant or by enclosing the same in a sealed envelope postage 0-i—reek-ish issoc 6 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 Todd Broussard 2000 Main Street Huntington Beach, CA 92648 17 CONSENT TO CONSULTANT David Bachle Cash & Associates C BaX al/S 5772 Bolsa Avenue Suite 100 S Huntington Beach CA 92647 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 occuri ence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles captions section, paragraph and subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions and do not interpret define limit or describe or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement O-)a-ree/cash assoc 7 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 anv provision contained herein and any present or fixture statute law ordinance or regulation contrary to which the parties have no right to contract then the latter shall prevail and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals each of which so executed shall irrespective of the date of its execution and delivery be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular comply with the provisions of the United States Code regarding employment verification 0-i—ree/c ish as�,oc 8 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 ate expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Chatter 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 tenns and/or provisions of this Agreement or to secure the performance hereof each party shall bear its own attorneys fees such that prevailing party shall not be entitled to recover its attorney s fees from the non prevailing party 25 SURVIVAL Terms and conditions of this Agreement which by their sense and context survive the expiration or termination of this Agreement shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily tollowing 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 Wvime/c1sh atitioc, 9 warranties oral or otherwise, have been made by that party or anyone acting on that party s behalf, which are not embodied in this Agreement and that that party has not executed this Agreement in reliance on any representation inducement promise agreement warranty fact or circumstance not expressly set forth in this Agreement This Agreement and the attached exhibits contain the entire agreement between the parties respecting the subject matter of this Agreement and 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 �7+` '( - � 20 �b CASH & ASSOCIATES INC CITY OF HUNTINGTON BEACH a B municipal corporation of the State oI y California Randy son residents v AND BY Mayor r Wi ie Simbol CFO (thty Clerk REVIEWED AND APPROVED e) APPROVED AS TO FORM ity Administrator j City Attorney 7r 23 e6 DL 17-;�//L/pL IN TED D APPROVED erector of Public Works 0-i jee/cash astioc 10 EXHIBIT "A" Payment Schedule (Fixed Fee Payment) I CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules 2 Delivery of work product A copy of every memorandum letter report calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product CITY shall identify specific requirements for satisfactory completion 3 CONSULTANT shall submit to CITY an invoice for each monthly progress 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 the written Scope of Work may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in or has been brought into compliance or until this Agreement has expired or is terminated as provided herein 4 Any billings for extra work or additional services authorized in advance and in wnting 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 F.,,.HIBIT "B" CITY OF HUNTINGTON BESCH PRCPosh,L TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR PUBLIC WORKz ENGINEERING DIVISION ON CALL ARCHITECTURAL SERVICES Note 1 Creative Financing of projects is often provided by Energy Savings Performance Contracts (ESPC) with Energy Service Companies (ESCO) specializing in providing such services Note 2 Enhanced project commissioning provides a re commissioning manual with a pre scheduled reevaluation of the building 10 months after the project s substantial completion with the Contractor SECTION 4 HOURLY RATES Cash & Associates (Prime Consultant) Hourly Overtime Project Director 16500 16500 Terminal Planning Specialist 16500 16500 Senior Project Manager 15600 15600 Project Manager 14500 14500 Senior Engineering Specialist 14000 14000 Senior Engineer/Project Engineer 13500 13500 Project Architect 11500 11500 Architect 10800 10800 Engineer III 12000 12000 Engineer II 11500 11500 Engineer 1 10000 10000 Junior Engineer 8500 8500 Cost Control Manager 8000 8000 Project Designer III 10000 12000 Project Designer II 9500 11400 o,ect Deslgre, ' 65 00 10200 Senior Designer/CAD Operator III 8000 9600 Designer/CAD Operator II 7500 9000 Drafter/CAD Operator 1 6500 7800 Permit Processor/Coordinator 75 00 9000 Specification Processing 7000 8400 Word Processor 7000 8400 Clerical 5500 6600 1) In House Repro Blueprint $ 10 to $1 50 per square foot depending on type of paper Plotting $ 80 to $2 00 per square foot depending on type of paper 2) Automobile $ 375 per mile 3) Travel Expense At Cost 4) Subsistence Away from home office more than one day at Cost not to exceed $150 00/day/per man 5) Plan Chec', and Building Permit Fees At Cost 6) Subconsulting Services At Cost plus 5% mark up 7) Anticipated yearly cost increase 3 5% Payments due under this schedule shall bear Interest at the rate of ten percent per annum commencing thirty (30) days after the date of Invoice Terms are Net Thirty Days P2S Engineering Inc PRINCIPAL ENGINEER $145 DESIGNER GRADE 03 $ 75 ENGINEER GRADE 04 $130 DESIGNER GRADE 02 $ 70 ENGINEER GRADE 03 $115 DESIGNER GRADE 01 $ 65 ENGINEER GRADE 02 $105 CAD OPERATOR GRADE 04 $ 65 ENGINEER GRADE 01 $ 95 CAD OPERATOR GRADE 03 $ 60 DESIGN ENGINEER GRADE 04 $105 CAD OPERATOR GRADE 02 $ 55 DESIGN ENGINEER GRADE 03 $ 95 CAD OPERATOR GRADE 01 $ 50 DESIGN ENGINEER GRADE 02 $ 85 CLERICAL $ 50 DESIGN ENGINEER GRADE 01 $ 75 DESIGNER GRADE 04 $ 80 Submitted By November 1 2005 CASH & ASSOCIATES Page 14 CITY OF HLriT1r1CTCN B -CH PUBL C `J`/CQ Er iClr i al IC DI ;':ION CTG Energetics Inc PRINCIP4L P'OPC a T PRC\ IDc PRC Cr AL C ` iS�-LTIi JC SEP/ICc-, FOR ON CALL ARCHITECTURAL SERVICES SENIOR PROJECT MANAGER REGISTERED ENGINEER/REGISTERED ARCHITECT/PROJECT MANAGER TECHNICAL SPECIALIST WITH ADVANCED DEGREE PROJECT ENGINEER TECHNICAL SUPPORT CLERICAL Tetra Design Inc PROJECT ARCHITECT PROJECT INTERIOR DESIGNER ARCHITECT PROJECT DESIGNER/SPEC WRITER CADD OPERATORS CLERICAL SUPPORT Environmental Landscape Concepts Landscape Architect $115 $145 $11c $105 $110 $100 $ 75 $ 95 $ 55 $100 $250 S150 $115 $150 $115 5150 S 85 $105 $ 50 S 70 $ 55 uc r_V uJ VV LTO A+CORD CERTIFICATE OF LIABILITY INSURANCE itios/05 �Y' PRODUCER Dealey Renton & Associates P O Box 10550 Santa Ana CA 92711 0550 714 427-6810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC N INSURED Cash & Associates Engineers 5772 Boise Avenue Suite 100 Huntington Beach CA 92649 INSUR_RA XL Specialty Insurance Co INSURER B INSURER C INSURER D INSURER E rnOFRLr_FS THE POLICIES OF INSURANCE ISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICD INDICATED NO —WITHSTANDING 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 REDLCED BY PAID CLAIMS SR LTR kDO'L SR TYPE OF INSURANCE POLICY NUMBER DAITE I M EC�TNG POLICY M7 ELATION LIMITS GENERAL LIABILITY EACH OCCURRENCE II COMMERCIAL GENERAL LIABILITY DAMAG TO RENTED S CLAIMS MADE OCCUR MED EXP (A y m pe on) $ PERSONAL b ADV INJURY S GENERAL AGGREGATE i GENT. AGGREGATE LIMIT APPLIES PER PRODUCTS CCMP/OPAGG $ 17 POLICY PE 01 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (E d NI S 6001LY INJURY ALL OWNED AUTOS SCHEOULEDAUTOS (par PC m) S BODILY INJURY HIRED AUTOS NON-0WNEDAUTOS (Pe code 1) S PROPERTY DAMAGE S (P Qde I) GARAGE LIABILITY AUTOONLY EAACCIDENT S OTHER THAN EA ACC S ANY AUTO S t AUTO ONLY AGG EIICESJMBRELLA LIABILITY EACH OCCURRENCE 5 /� AGGREGATE S OCCCUR CLAIMS MADE 'VNlFER Mc.G ATfi City( orneyx% S S DEDUCTIBLE S RETENTION S COMPENSATION AND WC S". OTH TATWORKERS FR EMPLOYERS LIABILITY L EACH ACCIDENT S ANY PROPRIETOR/PaRTNEREXEIBUTIVE E L DISEASE EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? II y descnbe and EL DISEASE POI ICY [MIT S SPECIAL PROVISIONS belpw I A OTHER Professional DPR9415300 12/08/05 12/08106 $1 000 000 per claim Liability $1 000 000 annl aggr DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPT Attn Chris Mendoza 2000 Main Street Huntington Beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL Rb8p&MR1(gt MAIL -1 0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTR WJ{�JL AUTHORIZED REPRESENT A'-VKW <, (cuvT/vo) 1 Or 1 SM145506 THC O ACORD CORPORATION 1988 Su 1t PROFESSIONAL SERVICE CONTRACTS Hn &ago PURCHASING CERTIFICATION 1 Requested b Todd Broussard g` q Y C 2 Date 12/20/2005 3 Name of consultant Cash & Associates 4 Attach the written statement of the specification conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form 5 Amount of the contract $1,000 000 00 6 Are sufficient funds available to fund this contract?' ® Yes ❑ No ON-t-� 5 fi5 � 7 Company number and object code where funds are budgeted-� f 8 Is this contract generally described on the list of professional service contracts approved by the City Council'? ❑ Yes ® No 9 Is this contract within $25 000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ❑ Yes, ® No 10 Were (at least) informal written proposals requested of three consultants? ® Yes ❑ No 11 Attach list of consultants from whom proposals were requested (including a contact telephone number) 12 Attach proposed scope of work 13 Attach proposed payment schedule 0 VC A ADRI a ager Purchasing/Central Services ' If the answer to any these questions is No the contract wiwill yrequire approval from the City Council Document) +`N i "ccleC.7-7 12/20/2005 8 34 AM Company Address Citystzip RFQ Attn The Austin Co 6410 Oak Canyon Irvine CA 92618- Attn Ken 5201 Stone Watg 19900 Mac Arthur Irvine CA 92612 Attn Shaun Blvd #900 Hannah R2a Architecture 2900 Bristol #E205 Costa Mesa CA Attn Lucien 92626 Runge Caruso Affilated 101 The Grove Dr Los Angeles CA Attn R 90036 Lemmo or Baschar Hraki Cunningham Group 4056 Del Rey Ave Marina del Rey CA Attn Johnnie 90292 Loy Hammel Green 1880 Century Park Los Angeles CA Attn Wei Zhao Abrahamson East #608 90067 KMA Architecture & 1515 Morena Blvd San Diego CA Attn Don Blair Engineering 92110 Aedifice Architectural 2870 5th Ave #204 San Diego CA Attn Matthew 92103 Nardella Roesling Nakamura 363 5th Ave #202 San Diego CA Attn William Architects Inc 1 92101 Karrasch I r GT> �tu6-1> 7 RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve Contract with Cash & Associates for As Needed Architectural Services COUNCIL MEETING DATE March 20, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Apph able Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Third Part Agreements etc Y 9 Attached Not Applicable ElSubleases (Approved as to form by City Attorney) Certificates of Insurance (Approved b the Cit Attorne ( PP Y Y Y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget over $5 000) Attached Not Applicable ❑ Bonds If applicable) ( PP ) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Ap licable ❑ Commission Board or Committee Report (If applicable) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATIDWIFOR RETURN OF RCA Author Broussard CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK March 23 2006 David Bachle Cash & Associates P 0 Box 2715 Huntington Beach CA 92647-0715 Dear Mr Bachle CALIFORNIA 92648 Enclosed for your records is a copy of the Professional Services Contract Between the City of Huntington Beach and Cash and Associates for On -Call Architectural Services Sincerely 00� Joan L Flynn City Clerk J F pe Enclosure Agreement G followup agrmtltr (Telephone 714 536 5227)