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HomeMy WebLinkAboutTotum Consulting - 2020-08-31 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN 'ff-IE CITY OF HUNTINGTON BEACH AND TOTUM CONSULTING FOR AS NEEDED CONSTRUCTION PRO.ILCI' MANAGEMI-N'1' I--OR 'fl-IE CITY OF HUNTINGTON BEACH EDISON COMMUNITY CENTER IMPROVEMENTS 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 Totum Consulting, hereinafter referred to as "CONSULTANT." WHEREAS. CITY and CONSULTANT are parties to that certain agreement. dated August 31. 2020 entitled `Professional Services Contract Between the Cite of Huntington Beach and ToUim Consulting for As Needed Construction Project Management for the City of Huntington Beach Edison Community Center' which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to increase the amount of compensation to be paid to CONSULTANT; NOW, THEREFORE it is agreed by CITY and CONSULTANT as follows: I . ADDITIONAL COMPl7NSAI'ION In consideration of the services to be perlbrmed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Seven Thousand Dollars ($7.000). The additional sum shall be added to the original sum of Ninety-Nine Thousand Five Hundred Dollars ($99.500), for a new contract amount not to exceed One Ilundred Six Thousand FiveI-lundred Dollars ($106,500). 2. REAFFIRMATION 2 1-1032 1/266622 1 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 i executed by their authorized officers on 9 �� 2021. CONSULTAkT, CITY OF HUNTINGTON BEACH, a municipal TOTUMjeqNSNLTtNG corpo 'o a State o ifornia By: ' Danny Kaye A4 print none City Clerk // /O 2/ ITS: (cvrle one)Choi ide ice President bL AND\� iNIT1A D AN PRO By: Director o Public IZI REVIEWED AND APPROVED: ITS: (cNcIr tef Fhuecid l)ftfcedAfY. senerary-T y fin, City Manager APPROVED AS TO FORM: City Attor y COUNTERPART 21•10321rz66622 2 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 q/ZF 2021. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal TOTUM CONSULTING corporation of the State of California By: Mayor print name ITS: (circle one)Chairan/PrcsidenWicc President Clerk m AND INITIATED AND APPROVED: By: Director of Public Works print name REVIEWED AND APPROVED: ITS: (circle one)Secretary/Chicf Financial Ofliccr/Asst. Secretary—Treasurer City Manager APPROVED AS TO FORM: � .oLCityAttorfty COUNTERPART 21-10321 rz66622 _ AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOTUM CONSULTING FOR AS NEEDED CONSTRUCTION PROJECT MANAGEMENT FOR THE CITY OF HUNTINGTON BEACH EDISON COMMUNITY CENTER IMPROVEMENTS 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 Project Partners a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated August 31, 2020 entitled "Professional Services Contract Between the City of Iiuntington Beach and Totum Consulting for As Needed Construction Project Management for the City of Huntington Beach Edison Community Center"which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to increase the amount of compensation to be paid to CONSULTANT; NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Twelve Thousand Five Hundred Dollars ($12,500). The additional sum shall be added to the original sum of Eighty Seven Thousand Dollars ($87,000), for a new contract amount not to exceed Ninety Nine Thousand Five Hundred Dollars ($99,500). 21.9498R47951 1 2. 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 3 /.3 J 2021. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Totum Consulting California y: Director/Chief PAN 1/q�� (Prrsuanr To MC§3.03.100) p"" C APPROVED AS TO FORM: ITS: (ctrck onr)Chtl Ice president AND A me o� B City� Y Y f U o 2 A\-1v L Date print none ITS: (circle oft) id Financial lNaadAML RECEIVE AND FILE: seaet.rr- City Clerk Date 4///AZ 21 A49!/Lt7651 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOTUM CONSULTING FOR AS NEEDED CONSTRUCTION PROJECT MANAGEMENT FOR THE CITY OF HUNTINGTON BEACH EDISON COMMUNITY CENTER IMPROVEMENTS 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, a Totum Consulting, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide construction project management for the City of Huntington Beach Edison Community Center Improvements; 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 Danny Kaye who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 20-8894/233785 1 of 13 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 August 31, 2020 (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 Exhibit "A" shall be completed no later than one year from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, 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 Eighty-Thousand Dollars ($87,000). 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 20-8894/233785 2 of 13 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 A. 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, 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 (or alleged 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 20-8894/233785 3 of 13 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. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and 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) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. 20-8894/233785 4 of 13 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 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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 20-8894/233785 5 of 13 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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 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. 20-8894/233785 6 of 13 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. 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. 20-8894/233785 7 of 13 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: TO CONSULTANT: City of Huntington Beach Danny Kaye ATTN: Tom Herbel Totum Consulting 2000 Main Street 15130 Ventura Blvd., Suite 327 Huntington Beach, CA 92648 Sherman Oaks, CA 91403 20-8894/233785 8 of 13 17. CONSENT 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. 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 20-8894/233785 9 of 13 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. 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. 20-8894/233785 10 of 13 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 nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. 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, 20-8894/233785 11 of 13 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 20-8894/233785 12 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Totu Consulting C 'fornia By: City Manager J J print na! 'C• INITIAT D AND AP ED: ITS: (circle one)Chairman/Presiden ice President AND irector of Public Works By. APPROVED AS TO FORM: prm ITS: (circle on Secretary/C ief Financial Officer/Asst, Secretary—Treasure in City Attorney jlW Date RECEIVE AND FILE: 4440t." &� City Clerk Date 20-8894/233785 13 of 13 integrated YJ d e s i g rn 1 construction rnanagernent II;L su s to i narnity Thursday, August 13, 2020 �N totu m Sean Crumby, P.E. Director of Public Works City of Huntington Beach, Public Works Dept. 2000 Main Street Huntington Beach, CA 92648 Via email. RE: PROPOSAL FOR AS NEEDED CONSTRUCTION PROJECT MANAGEMENT FOR THE CITY OF HUNTINGTON BEACH EDISON COMMUNITY CENTER 15130 Ventura viva. Dear Mr. Crumby Suite 327 Sherman Oaks CA 91403, Thank you for asking Totum to provide a proposal to assist the City with the tenant 818 986 9870 p/f improvements project for the Edison Community Center. The project is the complete tenant improvements for an approximately 11,000 square Principal foot existing community center with improvements to 9,910 square feet. The project includes but is not limited to the renovation /new finishes of the current interiors, larger Danny Kaye, CCM, PMP,FRICS, LEED storefront, windows and new/upgraded MEP as shown on the plans prepared by AP Pacific Rim Architects. The City has drafted a specification book. 310 351 0138 m We understand that the project has been to plan check and is ready for bidding, pending our review of plans, specifications and an appropriate procurement process. www.totumconsulting.com This proposal is based on a part time, as needed role and our proposed not to exceed clannvlcbtotumconsulting.com fee is as outlined below: Therefore, we would suggest a not to exceed fee of$87,000, billed on a time and materials basis per the rates shown on our staffing chart. Edison Community Center T.I.City of Huntinton Beach ah2/zn 2ozo 2Dzz Se0 UR Hw Dec )an Neb Mer ACnI FLr rrtk :.Qite ::stall:': Maas f xb Princlpa�SCM t]5.. [K__ 16 ='r SD ';lS... S7-:•x :.!! .!916 _ ::.2[S- 57,72! 191 -":31[,72[ U1 SSDS AO S.Morel iS � D6•, y:ft 8= i t! 52 "E� 0''d 4 ,• h D 511 " at' flrimhLwble[aptmel AlCmt NlowanU ....1000 Our typical scope/ role would include, but not be limited to, assistance as necessary, with: PRECONSTRUCTION /CONSTRUCTION 1. Kick off meeting with all stake holders. 2. Manage and coordinate all aspects of the project and report directly to the City. 3. Developing and maintain a master schedule including key milestones 4. Updating master schedules and master budgets. 5. Assist with the review of specifications and constructability and the bidding process. Exhibit A Page 1 of 2 tot" Um integrated design construction ! management 11 , su8ta;nab H ity 6. Participating in the plan check process if needed. t o t U m 7. Weekly update meetings during the pre-con process. 8. Liaise with landlord for logistical access and planning. 9. Working with all stake holders for logistic planning such as FF&E 10. Evaluate bids, award and assist with contract 11.Assemble and coordinate contract documents. 12.Weekly construction meetings—chair and manage meetings and minutes/ agendas. 13. RFI and submittal management with contractor and architect. 14.Weekly photos, Wee k-at-a-G lance/Monthly Update 15. Budget controls and tracking. 16.Assist with retention of owner retained vendors (i.e. deputy Inspector, AN, FF&E)if necessary. 17.Change order review and compilation of formal change orders. 18.Coordination of inspections (Contractor, agency and deputy). 19.Attend special meetings when needed. 20.Schedule oversight. 21. Monthly update meeting with client team. 22. General QA/QC. 23. Ensure as-built progress. 24. Facilitate issues between entire team. 25.Oversee close out and move-in. Our PM/CM staffing would be led by principal Danny Kaye with Totum staff Pat Lappin, and Alejandro Pinel providing the as needed support—the same team we are using for the Cameron Lane Navigation Center, to afford efficiencies. Regards j; Danny Kaye, CCM,PMP,FRICS,LEED AP Principal Exhibit A Page 2 of 2 tot M%Am M EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principal/SCM $175.00 per hour SPM $175.00 per hour CM $135.00 per hour B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 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 1 Exhibit B 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. 2 Exhibit B AC�® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE s/za/zozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Marie Swaney Dealey, Renton&Associates PHONE FAX 790 E Colorado Blvd,#460 AIc NO Pasadena CA 91101 aooRtEss: mswaney@dealeyrenton.com INSURERS AFFORDING COVERAGE NAIC# License#:0020739 INSURER A:Travelers Property CasualtyCompany of America 25674 INSURED To UCOR-01 INSURER B:Aspen American Insurance Company _ 43460 Totum Corporation INSURER C:The Travelers Indemnity Company of Connecticut 25682 15130 Ventura Blvd., Ste 327 Sherman Oaks, CA 91403 INSURER D: 310 351-0138 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:397966448 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MPOLICY EFF POLI YYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY Y Y 6801J745121 6/5/2020 6/5/2021 EACH OCCURRENCE $2,000,000 DAMAGE RENTED CLAIMS-MADE OCCUR PREMISESe occu enoe $1.000,000 X contractual lab MED EXP(Any one person) $10,000 X XCU Included PERSONAL,&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4.000,000 JECPOLICY❑PRO Fi LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y BA4655LO55 6/5/2020 6/5/2021 COMBINED SINGLE LIMIT $1,000,000 Ea accident, IANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X NoOwnedAutos $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION Y UB3,1306445 6/5/2020 6/5/2021 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNERfEXECUTIVE Y� NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000.000 B Professional Liability AAAE10078801 6/5/2020 6/5/2021 Per Claim $2,000,000 AnnualAggr $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:HB Res.#2008-63, Huntington Beach Navigation Center-- ���y e��J� r� The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and bt)tDll'�I�r>6�alE EvUe ap 9d�+�i ; gred as respects general&auto liability as required per written contract or agreement.General Liability is Primary/Non- ontributory per policy orm word) �.Insurance coverage includes waiver of subrogation per the attached endorsement($). Professional Liability policy has a d uctible which is:$15,000,with a Retro Date of: 06/05/2006 CERTIFICATE HOLDER CANCELLATIO 0 ba Nat oe will be se torMi er SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Sean Crumby, PE, DIR of PW 2000 Main St AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 d, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)— POLICY NUMBER: UB3J306445 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) //t, Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 8/24/2020 Page 1 of 1 COMMERCIAL GENERAL LIABILITY COVERAGE NAMED INSURED:Totum Corporation POLICY NUMBER: 6801J745121 ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms(complete forms available): Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE -d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIRED BY WRITTEN CONTRACT: If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The"bodily injury"or"property damage"for which coverage is sought occurs; and (2)The"personal and advertising injury"for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION -WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury"or"property damage"that occurs; or b. "Personal and advertising injury"caused by an offense that is committed; subsequent to the signing of that contract or agreement. Page 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801J745121 ISSUED DATE: 8/24/2020 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 Additional Insured Person(s)Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage"included in the"products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s)section of this Schedule applies. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II = Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for"bodily injury" or"property dam- tions hazard". age" caused, in whole or in part, by"your work"at the CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801J745121 ISSUED DATE: 8/24/2020 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 Names of Additional Insured Person(s)or Organization(s): Any person or organization that you agree in a written contract,on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury"or"property damage"occurs or the"personal injury"or"advertising injury"offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s)or Organization(s)section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to in- This insurance does not apply to"bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- 2. That portion of "your work" out of which the nated above. injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy# BA4655LO55 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any"accident" or 'loss", provided that the CONDITIONS Section: "accident" or 'loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy: BA4655LO55 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION 11 — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1.,Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. CITY OF HUNTINGTON BEACH r Rider to Emergency Requisition Emergency Purchase Justification DATE: 8/17/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: Construction Management - Edison Community Center Rehabilitation - Totum Consulting SOURCE: Totum Consulting THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: The Edison Community Center Rehab project is being fasttracked due to COVID-19 THORIZATION (� / �2� Department Head (3.03.080 (a)) Da e 812-0 Chi in ncial r(3.02.190 (b)) at City anager Dfate Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. Additional Information of Totum Consulting Emergency Rider The City has declared a homeless emergency. The area around the Edison Community Center is heavily populated with homeless individuals. The restrooms at Edison are currently closed and in need of rehabilitation along with the rest of the center. Portable restrooms have been placed on the site, but are proving inadequate and a maintenance issue. Staff is seeking to address the situation by fastracking the Edison Community Center Rehabilitation Project.