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Council/Agency Meeting Held:-5:4-E
Deferred/Continued to:
1A Approved ❑ Conditionally Approved d benied 'f'
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Council Meeting Date: 5/1/2006
Department ID Number: BD2006-5
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: PEN EL PE C LBRETH-G FT, CI Y ADMINISTRATOR
PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY,
SUBJECT: AGREEMENT WITH INTEGRATED DESIGN SERVICES, INC TO
PROVIDE ENGINEERING PEER REVIEW OF THE SEISMIC
RETROFIT ANALYSIS AND DESIGN OF THE CIVIC CENTER
TOWER
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue:
To proceed with the Seismic Retrofit of City Hall, the City needs to contract with a structural
engineering firm to provide Peer Review of the proposed structural analysis and design.
Integrated Design Services (IDS) has been selected after an extensive selection process.
Fundina Source:
Funds are available in Building & Safety Department business unit 81655101.69365
Recommended Action:
Motion to:
1. "Approve the Agreement and Authorize the Mayor and City Clerk to execute the
Agreement between the City of Huntington Beach and IDS, Inc."
2. "Authorize the Director of Building & Safety to expend $30,609 for Professional
Services for peer review engineering services for design of seismic strengthening of
the civic center tower."
REQUEST FOR COUNCIL ACTION
MEETING DATE: 5/1/2006 DEPARTMENT ID NUMBER: BD2006-5
Alternative Action(s):
1. "Deny the request and direct staff accordingly."
Analysis:
The selection of the peer engineering consulting firm to provide peer review is the final
element of the design contract phase for the seismic retrofit of the civic center tower. The
peer will provide a third party assessment of the proposed retrofit solution by the prime
consultant from a structural perspective.
Integrated Design Systems [IDS] was selected to provide peer engineering design review
services after an extensive review of the companies that responded to our Request for
Qualifications (RFQ). The standard used for the review included experience, company
resources, caliber of personnel, background check, and price.
IDS is a firm that specializes in the design and review of seismic retrofit work on structures
similar to the civic center tower. Their principals and engineers are highly regarded in the
field of seismic retrofit, have served as reviewers of OSHPD projects such as hospitals,
designed/reviewed innovative seismic retrofit systems, and are heavily involved in code
adoption in said field.
Environmental Status: Not applicable
Attachment(s):
G:\Building Admin\RCXs, Contracts & Insurance Regmts\2006\BD2006-5 Contract to IDS.doc -2-
4/17/200612:11 PM
ATTA-;�c
PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON
BEACH AND INTEGRATED DESIGN SERVICES, INC. FOR ENGINEERING PEER
REVIEW OF THE SEISMIC RETROFIT OF THE CIVIC CENTER TOWER
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and INTEGRATED DESIGN SERVICES, INC., a California
corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to perform
engineering peer review for the seismic retrofit analysis and design of the Civic Center
Tower; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Said I. Hilmy who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on May 1, 2008, unless sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
06agree/integrated design I
later than one year from the Commencement Date of this Agreement. These times may be
extended with the written permission of CITY. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may
be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a 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 Thirty Thousand Six Hundred Nine
Dollars ($30,609.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
06agree/integrated design 2
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
06agree/integrated design 3
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice; however, ten (10) days' prior written
notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
06agree/integrated design 4
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Building & Safety
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Integrated Design Services, Inc.
Attn: Said I. Hilmy
1 Peters Canyon Road, Ste 140
Irvine, CA 92606 —
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.
06agree/integrated design 5
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
06agree/integrated design 6
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
06agree/integrated design 7
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on 1'*)A i Ol , 20 0 b.
INTEGRATED DESIGN SERVICES, INC.
By:
print name
fly (circle one) Chairma residen ice President
AND
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!� 5 (circle one) ecretary/ hief Financial Officer/Asst.
01 v`' Secretary — Treasure
06agree/integrated design
8
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
INITIATE p APPROVED:
of Building & Safety
APPROVED AS TO FORM:
qlot%
City Attorney LM 440
REVIEWED AND APPROVED:
City Administrator
Mayor
Qp") a (--Jjmmdj
ty Clerk � i~�
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
INTEGRATED DESIGN SERVICES, INC. FOR
ENGINEERING REVIEW OF THE SEISMIC RETROFIT
OF THE CIVIC CENTER TOWER
Table of Contents
1 Scope of Services.................................................................................................... 1
2 City Staff Assistance............................................................................................... 2
3 Term; Time of Performance.................................................................................... 2
4 Compensation..........................................................................................................2
5 Extra Work.............................................................................................................. 2
6 Method of Payment................................................................................................. 3
7 Disposition of Plans, Estimates and Other Documents ........................................... 3
8 Hold Harmless......................................................................................................... 3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance........................................................................................... 5
11 Independent Contractor......................................................................................... 6
12 Termination of Agreement...................................................................................... 6
13 Assignment and Delegation..................................................................................... 6
14 Copyrights/Patents.................................................................................................. 7
15 City Employees and Officials................................................................................. 7
16 Notices.........................................................................................7
17 Consent....................................................................................................................8
18 Modification............................................................................................................8
19 Section Headings..................................................................................................... 8
20 Interpretation of this Agreement............................................................................. 8
21 Duplicate Original................................................................................................... 9
22 Immigration.............................................................................................................. 9
23 Legal Services Subcontracting Prohibited............................................................... 9
24 Attorney's Fees......................................................................................................... 10
25 Survival....................................................................................................................10
26 Governing Law......................................................................................................... 10
27 Entirety.....................................................................................................................10
4�A
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EXHIBIT "A"
A. STATEMENT OF WORK:
Provide engineering peer review of the seismic retrofit analysis and design of the
civic center tower.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Scope of Services:
1. Review geotechnical report and provide input.
2. Review and provide input in design criteria and appropriateness of analysis.
3. Review computer modeling assumptions and model developed by design team.
4. Communicate with City on technical issues and concerns.
5. Offer constructive engineering input where new or innovative design or analysis
procedures are proposed.
6. Provide constructive input regarding constructability issues.
The main deliverables of the above services are written reports to the City describing
all aspects of the review performed, including conclusions reached during our review
process. The reports shall be issued, as appropriate after conceptual design, during
design development and prior to completions of the final design. The reports shall
include the following:
1. Scope of engineering design peer review with limitations defined.
2. Status of the project documents at each review stage.
3. Design, performance and loading criteria.
4. Ability of materials and framing systems to meet performance criteria.
5. Degree of structural system redundancy and deformation compatibility among
structural and nonstructural elements.
6. Basic constructability of the proposed design.
7. Recommendations as appropriate.
AA INTEGRATED DESIGN SERVICES, INC. (IDS)
Structural Engineers
March 23, 2006
Mr. Gerald Caraig
Permit and Plan Check Manager
Department of Building and Safety
City of Huntington Beach
Department of Building and Safety
Tel: 714.374.1575
Subject: Proposal for Structural Peer Review for the Upgrade of the Seismic Performance of the
Huntington Beach City Hall Administration Building
Dear Mr. Caraig,
Integrated Design Services is pleased to provide this scope and fee proposal for the peer review of seismic
engineering services to upgrade the seismic performance of the Huntington Beach City Hall
administration building. The building is located at 2000 Main Street in Huntington Beach, California. The
City Hall is a public facility that provides essential services to the City of Huntington Beach. The
building is occupied by a large number of city staff and is frequently visited by the public. A preliminary
seismic performance evaluation of the building identified significant structural deficiencies affecting life -
safety, which warrants the need of seismic upgrade. The objective of the services of our proposed work is
to provide the needed peer review of the analysis and design of the seismic upgrade construction
document.
The scope of services include the following:
A. Review geotechnical report and provide input.
B. Review and provide input in design criteria and appropriateness of analysis.
C. Review computer modeling assumptions and model developed by design team.
D. Provide constructive comments on work in progress.
E. Communicate with City on technical issues and concerns.
F. Offer constructive engineering input where new or innovative design or analysis procedures are
proposed.
G. Provide constructive input regarding constructibility issues.
The main deliverables of the above services are written reports to the City describing all aspects of the
review performed, including conclusions reached during our review process. The reports shall be issued,
as appropriate after conceptual design, during design development and prior to completion of the final
design. The reports shall include the following:
A. Scope of engineering design peer review with limitations defined.
B. Status of the project documents at each review stage.
C. Design, performance and loading criteria.
D. Ability of materials and framing systems to meet performance criteria.
E. Degree of structural system redundancy and deformation compatibility among structural and
nonstructural elements.
F. Basic constructibility of the proposed design.
G. Recommendations as appropriate.
IDS — 1 Peters Canyon Road, Suite 140, Irvine, CA 92606 A Tel: 714-387-8500 A Fax: 714-387-0800
Peer Review Seismic Engineering Services
Huntington Beach City Hall Administration Building
Proposed Fees:
The following Table includes a summary of the fees assigned to each task of the project, including a
description and deliverables for each task:
Task
Description and Deliverable
Total
Average
Sub -Total
hours
Billing
A. Mobilization
A kick off meeting- Data gathering-
16 hours
$110
$1,760
Review of Previous work
B. Review geotechnical report
A letter report indicating review- One
12 hours
$110
$1,320
meeting with City
C. Design Criteria- Design Basis
A letter report indicating review- One
16
$110
$1,760
meeting with ity
D. Review computer modeling
Formal reviews, including three peer
120
$110
$13,200
assumptions and model developed
review reports
by design tea in for the existing
building and retrofitted building
E. Review of C-D, including
Provide constructive comments on work
100
$110
$11,100
constructibility comments
in progress, including constructibility
comments.
F. Communicate with City on
Three meetings
12
$110
$1,320
technical issues and concerns.
G. Offer constructive engineering
Two meetings with design team- Study
16
$110
$1,760
input where new or innovative
of Innovative systems
design or analysis procedures are
proposed.
Total
292
$110
$32,220
IDS is willing to perform the above services based on a discounted lump fee of 95% ($32,220) = $30,609.
It is also customary for a third -party firm (such as the peer reviewer firm) to provide required construction
management services on behalf of the owner as to avoid any potential conflict of interest if the A/E design
team performed such services. IDS has a CM division of capable construction managers who have
provided program/construction management services for projects where we have also provided peer
review services. This includes the City of Orange Library Extension, the City of Orange Fire Station #8
and the port of long beach — City of Long Beach. We are available to discuss this further as I mentioned
during our telephone conversation early this week.
We appreciate your selection of IDS to provide this proposal and be part of your team. We are excited
about the opportunity of being of service to the City of Huntington Beach on this important project. If you
have any questions, please do not hesitate to call me at (949) 387-8500.
Very Truly Yours,
Integrated Design Services, Inc.
Y±Hilmy,
! XLSaiPh.D., S. .
Principal
cc: Dr. Rami Elhassan
IDS — 1 Peters Canyon Road, Suite 140, Irvine, CA 92606 A Tel: 714-387-8500 A Fax: 714-387-0800
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth
herein in accordance with the following progress and payment schedules.
3. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each progress payment as
identified tasks are completed. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
1
EXHIBIT B
ACORDr. CERTIFICATE OF LIABILITY INSURANCE 4106/06 DDlYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714 427-6810 INSURERS AFFORDING COVERAGE
INSURED
Integrated Design Services, Inc.
1 Peters Canyon Road Suite 140
Irvine, CA 92606
COVERAGES
INSURER A: United States Fidelity & Guara
INSURER B: St. Paul Fire & Marine Ins. Co.
INSURER C:
INSURER D:
INSURER E:
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,
NSR
LTRDATE
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
(MMIDOTM
POLICY EXPIRATION
WE (MMIDOrM
LIMITS
A
GENERAL LIABILITY
BKO1245310
11/12/05 11/12/06
EACH OCCURRENCE
$2 000 000
FIRE DAMAGE (My one fire)
$300000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 7 OCCUR
MED EXP (My one person)
$10 000
PERSONAL & ADV INJURY
s2,000,000
GENERAL AGGREGATE
$4 000 000
GEN'L AGGREGATE LIM IT APPLIES PER:
PRODUCTS -COMPIOPAGG
$4000000
POLICY F7 PRO-LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
BKO1245310
11/12/05 11/12/06 COMBINED SINGLE LIMIT
(Ee accident)
$2 r000 ,000
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per meson)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
WC STATU O R
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$
E.L. DISEASE -EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
1 $
B OTHER Professional
QP3807687
11/12/05
11/12/06
$1,000,000 per claim
Liability
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance AP VED TO F RNi��
of professional services.
411M.
RE: City contracts and large dollar projects R WIG. , i1Attome ' b
City of Huntington Beach,its agents,officrs and employees are additional
(See Attached Descriptions)
City of Huntington Beach
Attn: Rob Cranmer
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIC TO MAIL _DAYSWRITTEN
NOTICE TOTH E CERTIFICATE HOLDER NAMED TO THE LEFT
ACORD 25-3 (7/97)1 Of 2 #S155303/M143205 JMC 0 ACORD CORPORATION 1938
Policy Number: BKO1245310
Owners Lessees or Contractors (Form B)
ADDITIbNAL INSURED
Change(s) Effective: 4/ 0 6/ 0 6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Huntington Beach
Attn: Rob Cranmer
2000 Main Street
Huntington Beach, CA 92648
SECTION 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" for that insured by or for you.
City of Huntington Beach,its agents,officrs and employees
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
CUBF 22 40 03 95
POLICYHOLDER COPY
STATE
P.O. BOX 420807, SAN.FRANCISCO,CA 9414Z-0807 .
COMPENSATION
INSURANCE
FUND
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-05-2006 GROUP:
POLICY NUMBED 1628566-2005
CERTIFICATE ID: 70
CERTIFICATE EXPIRES: 10-01-2006
10-01-2005/10-01-2006
CITY OF HUNTINGTON BEACH - RISK MANAGEMENT
2000 MAIN ST
HUNTINGTON BEACH CA 82648-2702
SP
JOB:CITY OF HUNTINGTON BEACH'- RISK MANAGEMENT
2000 MAIN STREET
HUNTINGTON BEACH
CA 82648
This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated
This policy Is not subject to cancellation by the Fund except upon30 days advance written notice to the employer.
We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration.
This certifloate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
HORZZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - SAID HILMY, P S T - EXCLUDED.
ENDORSEMENT #1000 - RAMI ELHASSAN, VP - EXCLUDED.
ENDORSEMENT #2066 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
INTEGRATED DESIGN SERVICES, INC
1 PETERS CANYON RD STE 140
IRVINE CA 82606
(REV.2.05)
SIP
[P1 X,SP]
PRINTED 04-05-2005
RESPONSES RECEIVED FROM THE RFQ
1 IDS, Inc.
1 Peters Canyon Road
Irvine, CA
949-387-8500
2 John A. Martin & Assoc
1212 South Flower Str
Los Angeles, CA
213-483-6490
3 TMAD Taylor & Gaines
100 S. Anaheim Blvd., Ste 150
Anaheim, CA
714-490-5555
4 Miyamoto International
1901 East Alton Ave., Ste 160
Santa Ana, CA
949-597-1170
5 SaifuUBouquet
385 E. Colorado Blvd., Ste 200
Pasadena, CA
626-304-2616
6 ABS Consulting, Inc.
300 Commerce Dr., Ste 200
Irvine, CA.
714-734-4242
7 Nabih Yousef & Assoc
800 Wilshire Blvd., Ste 200
Los Angeles, CA
213-362-0707
8 Degenkolb Engineers
300 South Grand Ave., Ste 1115
Los Angeles, CA
213-596-5000
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Building & Safety
SUBJECT:
Contract to IDS
COUNCIL MEETING DATE:
May 1, 2006
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
El
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable)
Attached
El
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 Attorne)
Not Applicable ❑
Subleases, Third Party Agreements, etc.
Attached
(Approved as to form by City Attorney)
Not Applicable ❑
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
El
Not Applicable
❑
Bonds (If applicable)
Attached
Not Applicable
❑
Staff Report (If applicable)
Attached
El
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
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION•- RETURN OF
(Below Space For City Clerk's Use Only)
RCA Author:
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
May 8, 2006
Said 1. Hilmy
Integrated Design Services, Inc.
1 Peters Canyon Road, Ste. 140
Irvine, CA 92606-1748
Dear Ms. Hilmy:
Enclosed for your records is a copy of the Professional Services Contract
Between the City of Huntington Beach and Integrated Design Services, Inc. for
Engineering Peer Review of the Seismic Retrofit of the Civic Center Tower.
Sincerely,
(?*"M) C1511. ji")
Joan L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:fbIIowup:agrmtltr
(Telephone: 714-536-5227 )