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HomeMy WebLinkAboutM. Arthur Gensler, Jr. & Associates, Inc. - 2011-02-2277 Dept. ID PW 14-001 Page 1 of 2 Meeting Date: 1/21/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 1/21/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, P.E., Director of Public Works SUBJECT: Approve and authorize execution of amendments to extend Professional Services Contracts with Black O'Dowd and Associates, dba BOA Architecture, and M. Arthur Gensler, Jr. and Associates, Inc. to continue providing as -needed Architectural Services until February 22, 2015 Statement of Issue: Amendments are requested to extend Professional Services Contracts with Black O'Dowd & Associates (BOA) Architecture and M. Arthur Gensler, Jr. and Associates, Inc. (Gensler) for a period of one-year in order to continue providing as -needed architectural services for facilities maintenance and capital improvement projects, specifically for currently contracted ADA improvement projects. All other terms and conditions of the original agreements remain the same. Financial Impact: Community Development Block Grant funds of $25,000 for project design are budgeted in the approved Capital Improvement Project "Main Street Library ADA," 86381501.82200. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 To Professional Services Contract Between The City of Huntington Beach And Black O'Dowd & Associates, Inc., dba BOA Architecture, for As -Needed Architectural Services," extending the existing agreement for one additional year; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 To Professional Services Contract Between The City of Huntington Beach And M. Arthur Gensler Jr. & Associates, Inc. for As -Needed Architectural Services," extending the existing agreement for one additional year. Alternative Action(s): Do not approve the amendments. Existing contracts will expire February 22, 2014. Analysis: In 2011, the City Council approved Professional Services Contracts with BOA Architecture, Gensler, and Michael Merino Architects to provide a pool of architectural firms for Public Works staff to utilize in the completion of ADA improvements to city facilities. Each contract has a three- year term which expires on February 22, 2014. Staff is requesting City Council approval to extend two of the three existing contracts for one year to February 22, 2015. This extension for the two contracts will allow staff to facilitate completion of the Main Street Library ADA project from the FY 13/14 Capital Improvements Program. HB -165- Item 10. - 1 Dept. ID PW 14-001 Page 2 of 2 Meeting Date: 1/21/2014 Retaining, these two consultants allows staff to allocate assignments based on the consultant's abilities, resources, and cost estimates related to this remaining project. All other prices, terms, and conditions of the original agreements shall remain in effect. Staff has had positive experience with both BOA Architecture and Gensler on prior projects. Staff will be conducting another Request for Proposal for as -needed architectural services for facilities maintenance and capital improvement projects prior to the conclusion of the year. Based on the stated need and ability of the two firms, staff is recommending the approval of these contract extensions. Public Works Commission Action: Not required. Environmental Status: Not applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Amendment No. 1 To Professional Services Contract Between The City Of Huntington 90 Beach And Black O'Dowd & Associates, dba BOA Architecture, For As -Needed 1�15 Architectural Services 2. Amendment No. 1 To Professional Services Contract Between The City Of Huntington Beach And M. Arthur Gensler, Jr. & Associates, Inc. For As -Needed Architectural Services Item 10. - 2 HB -166- ATTACHMENT #2 AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND M. ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR AS -NEEDED ARCHITECTURAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and M. ARTHUR GENSLER JR. & ASSOCIATES, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, City and Consultant are parties to that certain agreement dated February 22, 2011, entitled "Professional Services Contract, Between the City of Huntington Beach and M. Arthur Gensler Jr. & Associates, Inc. For As -Needed Architectural Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for one (1) additional year, NOW, THEREFORE, it is agreed by City and Consultant as follows: EXTENSION OF TERM The term of the Original Agreement is hereby extended for one (1) additional year. The Original Agreement shall now expire on February 22, 2015. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. REST OF PAGE INTENTIONALLY LEFT BLANK 134028/103942 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on M. ARTHUR GENSLER JR. & ASSOCI , a CaliforniaWNkx�� corporation By:--,* dt':Ift�F M-IA �5; print name ITS: (circle one) Chairman/President/Vice President ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer <;I"4. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California q'- , .CJ INITIATED AND Ar ROVED: irector of Public Wikks t)lia(l� V (qrbl?'o'j 13-4028/103942 2 I 4 rMCERTIFICATE (— LIABILITYS C DATE(MMIDDIYYYY) 4/t/2014 3/29/2013 THIS: CERTIFICATE IS ISSUED AS`A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),.AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the palicy(ies) must be endorsed. if SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate. holder In lieu.of such endorsement(s). PRODUCER Lockton ComIaeanies, LLC-I Kansas City 444 W. 47th Street; Suite 900 Kansas Cityy MO 64112-1906 (t316} 9f Q 9000 ff/CNOEXt 1ONE-- : AIC No MAIL N INSURED GENSLER 1008609 ATTN: Richard J. Nemeth INSURER A : I_ LOYDS & i.,i}ty DON CO PAit,ACiC)N-I:(:i J I7ON INSURER B JNSURER C : Two Harrison Street, Ste, 400 San Francisco CA 94105 NEWPORT BEACH INSURER D f°r°SI,COAf.+Ct�*.f`.A.'7001 IlI..................».,s....-.......-.----___ : ""` ��•, Kt:VIbIUN N MIJt:K: AXAXX X THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAiN,.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN SUBJECT IS TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF.SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED. BY PAID CLAIMS. tNSR TYPE OF INSURANCE AD L SUBR POLICY EFF POLICY EX LIMITS POLICY NUMBER !DQJYYYY GENERAL LIABILITY EACH OCCURRENCE XXXXXXX COMMERCIAL GENERAL LIABILITY NO APPLIC.ABLL DAMAGE TO RENTEfe XXXXXXX CLAIMS -MADE E-1 OCCUR MED EXP (Any one erson) XxxxxXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXX.XXX GEN'L AGGREGATE LIMIT APPLIES PRODUCTS -COMPOPGG $ XXXXXXXRD- (P I Y PE "$ AUTOMOBILE LIABILITY COMBINED SINGLE OMIT $ XXXXX?/ix ANY AUTO Nar A:i'PLdCABL,F BODILY INJURY (Per person) $ XXXXXXX (. AUIOSNED ALITOSDULED BODILY INJURY ,(Per accident $ XXXXXXX HIRED AUTOS NONAUTOS NED AUTO PROPERTY —DAMAGE en! $ XXXXXXX $ UMBRELLA L.IAB OCCUR EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX EXCESS LIAS CLAIMS -MADE NOT APPLICABLE= DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WG STATU- OTH, Y J N ANY PROPRIETOR/PARTNER/EXECLITIVE OFFICERIMEMBER EXCLUDED? ❑ N J A N()I APPLtC?A13I:,I�� T Y LI IT ` E:L, EACH ACCIDENT _ $ XXXXXXX (M yyandatory in NH) - E,L, DISEASE'- EA EMPLOYEE XXXX VXXX .L: DISEASE POLICY LIMIT XXXXXXX DESCRIPTION OF OPERATIONS below A PROFESSIONAL LIABILITY � N L DUSA13D0176 4/1/2013 4/1/2014 $i 000,000 Pf'R'CLAIM/$P;000,000 Acr' GREGATE DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES I(Attach ACORD 161, Additional Remarks Sohedufe, If more space is required) RE3: CITY OF I IUNTIN('.;TON 13FACI I ON -CALL SE RVICE AG ETvtENT/ C.CiNSLER PROJECT NO. 07.0048.080, �I Y`C#7TFCIh ATC LiAI 11Ct'l _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,; NOTICE WILL BE DELIVERED IN ACCORDANCEWITH THE POLICY PROVISIONS, 11076286 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH CA 92648 25 (2010/05) Q 9 $_2010 AC ORPORATION. All rights The ACORD name and logo are registered marks of ACORD City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk January 23, 2014 Chip Williams M. Arthur Gensler Jr. & Associates, Inc. 4675 MacArthur Ct., Ste. 350 Newport Beach, CA 92660 Dear Mr. Williams: Enclosed for your records is a copy of the "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and M. Arthur Gensler Jr. & Associates for As -Needed Architectural Services." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Council/Agency Meeting Held:, o/ / Deferred/Continued to: AApp ov d ❑ ndi i Wally A roved ❑ Denied it Clef Signat r Council Meeting Date: February 22, 2011 Department ID Number: PW 11-006 SUBMITTED TO: Honorable. Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize the Mayor and City Clerk to execute three professional services contracts for as -needed architectural services in an amount not to exceed $300,000 per contract over a three-year period to Michael Merino Architects, Black O'Dowd & Associates, dba BOA Architecture, and M. Arthur Gensler, Jr. & Associates, Inc. Statement of Issue: The Public Works . Department has several approved Capital Improvement Program (CIP) projects that require the services of a professional architect to design building improvements. City Council approval. is requested to award three professional services contracts for As -Needed Architectural Services, in an amount not to exceed $300,000 per contract, to Michael Merino Architects, BOA Architecture, and M. Arthur Gensler, Jr. & Associates, Inc. Financial Impact: The 2010/11 Capital Improvement Program includes $783,611 of Community Development Block Grant Funds for ADA improvements. It is anticipated that $150,000 of these funds will be utilized for project design through these As -Needed Architectural Contracts. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Michael Merino Architects for As - Needed Architectural Services" not to exceed $300,000; and, B) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Black O'Dowd & Associates, dba BOA Architecture for As -Needed Architectural Services" not to exceed $300,000; and, C) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and M. Arthur Gensler, Jr. & Associates, Inc. for As -Needed Architectural Services" not to exceed $300,000. Alternative Action(s): Do not approve one or more of the contracts and direct staff to proceed differently. HB -107- Item 6. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/22/2011 DEPARTMENT ID NUMBER: PW 11-006 Analysis: Public Works has been awarded Community Development Block Grant (CDBG) funds. to design and - construct ADA improvements to city facilities, providing greater accessibility for individuals with disabilities. In order to ensure, that. the improvements are designed and constructed to the highest level of compliance while .preserving the integrity of the existing facilities, staff will need to utilize the services of a professional architect. It is anticipated that architectural services will also be required for future Capital Improvement Program (CIP). Currently, there are no architectural firms on contract with the City and no personnel on staff that are qualified to provide these services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Sixteen (16) qualified proposals were received and ranked by staff from three departments based on qualifications listed in the Request for Proposals. Through this process it was determined that Michael Merino Architects, BOA Architects, and Gensler best meet the needs of the City. The proposed contracts are for a three-year term with a total not to exceed $300,000 per contract. Funding sources are from the CDBG funds and capital projects budgets approved by City Council through the annual budget process. At least $150,000 is approved by City Council for facilities design services in the 2010/11 CIP program. There are currently no General Fund appropriations in the budget for these As -Needed Contracts, although this could change if future General Funded projects are approved. The proposed contracts are for "As Needed" services, meaning cost estimates for each project will be requested and evaluated by staff prior to performance of work on a project. Project assignments will be allocated to one of the individual consultants based on the consultant's areas of strength, available resources, and project cost estimates. Future funding anticipated during the three year term of the proposed contracts is $350,000 from CDBG for facility ADA projects. Current projects include ADA improvements to the Civic Center, the Oakview Community Center, Banning Branch Library, and Central Park Restrooms. Future projects will include continued Civic Center improvements, Murdy Community Center, Rogers Senior Center, and Newland Barn ADA improvements. Environmental Status: Not applicable. Public Works Commission Action: Not required. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Michael Merino ;c Architects for As -Needed Architectural Services ,52. Professional Services Contract between the City of Huntington Beach and BOA Architecture for As -Needed Architectural Services 3. Professional Services Contract between the City of Huntington Beach and M.. Arthur Gensler, Jr. & Associates, Inc. for As -Needed Architectural Services Item 6. - 2 HB -108- ATTAk4';"kHMENmmT I-LT&3 ji PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND M. ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR AS -NEEDED ARCHITECTURAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and M. ARTHUR GENSLER JR. & ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as - needed architectural services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services described as individual architectural projects basically as set forth in Exhibit "A" incorporated herein, on an as - needed basis as directed by CITY. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all architectural services as set forth in a written Scope of Work to be provided in advance of each PROJECT. CONSULTANT hereby designates Chip Williams, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Page 1 of 11 10-2657/53894 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on cjhAv 201L— (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in the Scope of Services shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the date of final execution, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Thousand Dollars ($300,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services Page 2 of 11 10-2657/53894 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. 66W9 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms set forth in Exhibit 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligence, recklessness or willful misconduct related to performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Page 3 of 11 10-2657/53894 CONSULTANT, its officers, agents or employees. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting Page 4 of 11 10-2657/53894 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. Page 5 of 11 10-2657/53894 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. Page 6 of 11 10-2657/53894 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Chip Williams M. Arthur Gensler Jr. & Associates, Inc. 4675 MacArthur Court, Suite 350 Newport Beach, CA 92660 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. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. Page 7 of 11 10-2657/53894 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. Page 8 of 11 10-2657/53894 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. Page 9 of 11 10-2657/53894 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersedes all Page 10 of 11 10-2657/53894 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 �c,6iQ p�a , 20 11. M. ARTHUR GENSLER JR. & ASSOCIATES, INC. By:(726WNv*--- ctAir- ILj-1 print name ITS: (circle one) Chairman/PresidentNice President IC print name ITS: (circle one) Secretary/ ief Financial 1 Secretary -Treasurer ,/� ��G��,�� s CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITIATED AND APPROVED: Director of Pub is Works 'Asst. 1 u APPROVED AS TO Administrator APPROVED AS TO FORM: 4 r.� City Attorney V sic Page 11 of 11 10-2657/53894 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND M. ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR AS -NEEDED ARCHITECTURAL SERVICES Table of Contents IScope 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............................................................................................5 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................6 15 City Employees and Officials..................................................................................7 16 Notices.....................................................................................................................7 17 Consent....................................................................................................................7 18 Modification.............................................................................................................7 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..........................................................................................................9 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 EXHIBIT "A" As Needed Architectural Services A. STATEMENT OF WORK: The consultant shall perform architectural services on an as needed basis for various projects to be determined during the term of the agreement. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, works schedule, and fee proposal submitted to CITY for its review and approval. The location of the projects will be determined by CITY. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The scope of work for any one project may involve all phases of project development and may include, but not be limited to, the following: 1. Preliminary Plans and Design Alternatives Prepare preliminary layouts, provide all necessary measurements and surveying, and prepare details and calculations. Identify alternatives; prepare estimates of probable costs and present, as needed, at staff and/or public meetings, including recommendations and analyses with respect to the advantages of each alternative. 2. Entitlements/Permits Assist CITY in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits, as may be required. 3. Construction Documents Prepare designs, plans, specifications, cost estimates, and contract bidding documents. Final drawings shall be wet signed and stamped on 30 x 42 inch ink on Mylar media. Drawings shall be prepared in AutoCAD 2000, 2004, or 2007. All project AutoCAD files (i.e. drawings, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format. Construction specifications and bidding documents shall be provided in Microsoft Word Version 2003. The City will provide a Microsoft Word 2003 version of the General Provisions and bid forms; the Consultant shall modify the documents by adding the necessary special provisions and bid items. Gensler As Needed Architectural Services Exhibit A 4. Bidding Assist the city in answering bidders' questions, attending pre -bid conferences and job walks, preparing addenda, analyzing bids, and recommending award, as may be required. 5. Construction Attend pre -construction conference. Monitor construction schedule, visit construction site as required for progress and quality of work. Assist the contract manager, contractor, and inspector with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. Prepare record drawings, which shall be a compilation of original drawings, information taken from the contractor's as- built drawings, and changes known to the CONSULTANT. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to CONSULTANT. 3. Review construction documents at various stages of completion prior to final documents being issued. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed by and between CONSULTANT and CITY for each project assigned by CITY. Gensler As Needed Architectural Services Exhibit A 2 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Total Fees. Total fees shall not exceed Three Hundred Thousand Dollars ($300,000). CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by CITY. B. Hourly Rates and Per Project Compensation CONSULTANT'S fees for such services may be based upon the following hourly rate and menu of services: Hourlv Rates Principal $ 230.00 Associate / ADA Specialist $ 150.00 Planning Director $ 150.00 Project Architect $ 130.00 Design Development Study/Preliminary Plans $ 150.00 City Coordination/Negotiation Assistance $ 150.00 Barrier Removal Construction Documentation $ 150.00 Construction Administration $ 150.00 ADA Site Survey — Full Path of Travel $ 150.00 Field Conditions Report $ 1,500.00—per report Barrier Removal Recommendations Report $ 600.00 per report C. Reimbursables. Reimbursables must be authorized in advance by CITY. Printing, delivery or similar reimbursable project expenses may be charged at the amount billed CONSULTANT plus 10%. CONSULTANT shall submit supporting documentation, receipts, and/or vendor invoice with each billing that includes such reimbursables. D. Travel. Charges for time during travel required for a specific project are not reimbursable. Other travel charges must be authorized in advance by CITY. E. Proposal. CITY will request a cost proposal on a per job basis. Cost for preparation of proposals shall be borne by CONSULTANT and not incorporated in billing for services. F. Additional Services/Subcontracted Services: CONSULTANT shall advise CITY in advance when additional or special services are required for project. CONSULTANT shall not subcontract or assign services to engineering or other special consultants without prior authorization from CITY. G. Billin 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Gensler Exhibit B hourly a I I 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project assignment, and total incurred to date for the total contract amount. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Gensler Exhibit B hourly 2 ACCP 130 CERTIFICATE F LIABILITY INS RANG 2011 DATE(MM/DDIYYYY) 11 /24/2010 PRODUCER Lockton Companies, LLC-I Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 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 # INSURED GENSLER INSURER A: LLOYDS & LONDON CO (PARAGON-LONDON) 1008609 ATTN: Richard J. Nemeth INSURER B: LEXINGTON 1NS.CO.(MIDWESTERN RISK) Two Harrison Street, Ste. 400 San Francisco CA 94105 INSURER C: INSURER D: NEWPORT BEACH INSURER E: ......�.-.... �.. ��, .,.. ,.. -_ . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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 DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDNYYY POLICY EXPIRATION DATE MM/DDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE XXXXXXX DAMAGE TO RENTED PREMISES Ea occurrence $ XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE CLAIMS MADE a OCCUR MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX 'PRODUCTS - COMP/OP AGG $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO JECT LOC AUTOMOBILE LIABILITY ANY AUTO NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS A 42 D A@ t1i" J 1, V 170 BODILY INJURY Per accident) $ XXXXXXX HIRED AUTOS NON -OWNED AUTOS T IFER LB TH, C tt0 ey / �• '/ // PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ }(X}(}(xxx OTHER THAN EA ACC $ XXXXXXX ANY AUTO NOT APPLICABLE $ XXXXXXX AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR a CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX $ XXXXXXX UMBRELLA $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE NOT APPLICABLE WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ XXXXXXX If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ XXXXXXX OTHER $1,000,000 PER CLAIMS I,000,000 A PROFESSIONAL, LDUSA1000176 4/1/2010 4/11,011 AGGREGATE B LIABILITY 044177412 4/1/2010 4/1/2011 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE. CITY OF HUNTINGTON BEACH ON -CALL SERVICE AGREEMENT/ GENSLER PROJECT NO, 07.0048.080, UtK I IFIUA I t MULUtK UANULLLA 1 IUN 11076286 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HUNTINGTON BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 2000 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. BOX 190 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR HUNTINGTON BEACH CA 92648 REPRESENTATIVES. ACORD 7s (2nngini1 t71g8R-2f)WA(MRD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD For questions regarding this certificate, contact the number listed In the 'Producer' section above and specify the client code'GENSL01'. r f t'., _ orru y � , Professional Service Approval PART 11 v fQ�z Date: 1 /11 /2011 Project Manager: Jerry Thompson, General Svcs. Manager Requested by Name if different from Project Manager: Debra Jubinsky Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Gensler 2) Contract Number: PWK 011 003 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ not to exceed $300,000. Services performed "As Needed" and bid per project. 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ®Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance (or designee) Signature Date CITY OF _ NS A BEACH Professional Service Approval Form PART I v Date: 4/29/2010 Project Manager Name: Jerry Thompson Requested by Name if different from Project Manager: Jerry Thompson Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: As -needed architectural services for ADA renovations and general renovations to city buildings. 2) Estimated cost of the services being sought: $ Not to exceed $300,000 over 3 years. Initial expenditure estimated to be $60,000 commencing this fiscal year. To be contracted for on -call services used as needed, as funded. 3) Are sufficient funds available to fund this contract? [K Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes No 5) Business unit (8 digits) and Object Code (5 digits) where funds are budgeted: 85981019.82200 ; 86082005.82200-1 85981025,82200 6) Check below how the services will be obtained: Z A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. menfF16ad Signature APPROVED, D NIED ❑ J City A ini rator's Signature /CCU Director of Finance's Initials A�� Date 7-3 ,-10 Date Date (4� Deputy City Administrator's Initials Date E Pr F *011ded, Parties L s Y, ty ,� Search Results Excluded By Firm, Entity, or Vessel : Michael Merino Architects Firm, Entity, or Vessel : Black, O'Dowd and Associates, Inc. Firm, Entity, or Vessel :,Gensler as of 26-Jan-2011 1:12 PM EST ';Your search returned no results. City of Huntington eac 2000 Main Street e Huntington Beach, CA 92,648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC February 28, 2011 Chip Williams M. Arthur Gensler Jr. & Associates, Inc. 4675 MacArthur Ct., Ste. 350 Newport Beach, CA 92660 Dear Mr. Williams: Enclosed for your records is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and M. Arthur Gensler Jr. & Associates, Inc. for As - Needed Architectural Services. Sincerely, an L. Flynn, CMC ity Clerk JF:pe Enclosure G: folloNvup: agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 )