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Kitchell - 2021-07-20 (2)
oft4,44-imiA.e) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND KITCHELL/CEM, INC. FOR ON-CALL ARCHITECTURAL ENGINEERING& PROFESSIONAL CONSULTING 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 KITCHELL/CEM,INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement,dated July 20,2021,entitled"Professional Services Contract Between the City of Huntington Beach and Kitchell/CEM, Inc., for On-Call Architectural Engineering & Professional Consulting Services" which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term of the Agreement, NOW,THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until July 19,2025. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 41A lie/ 2/ " ;2024. 24-14385/335622 1 KITCHELL/CEM, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of CaliforniAs nt name �_ .�►I!1►. tN M qj ITS: (circle one)Chairman/Presideice President Mayor vv `� '•' AND „J�,�, City er 6"``�'�' I-k e(x#— Qv- 6 co INITIATED A APPROVED: print name ITS:(circ ne)Secretary/Chief Financial �/} Office Asst.Secretary Treasurer / f Director of Public Works APPROVED ORM: it Attorney 24-14385/335622 2 Jr" t may/ ACc RCo CERTIFICATE OF LIABILITY INSURANCE DAT5121l2024rn 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(les)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: ACIG Insurance Agency, Inc. PHONE [TAX 2600 N.Central Expwy.Suite 800 (A/C,No.Ex11. 972-702-9004 �rdc,Ho): 972-6670601 Richardson,TX 75080 E-MAIL ADDRESS: accountmanagers(O aciq.com INSURER(S)AFFORDING COVERAGE NAIC N www.acig.com INSURER A: INSURED INSURER 8 Kitchell CEM, Inc. 2450 Venture Oaks Way, Suite 500 INSURERC: Sacramento CA 95833 INSURER D: _ INSURER E: INSURER F: Berkley Assurance Company 39462 COVERAGES CERTIFICATE NUMBER: 80105410 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) IMM(DD(YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE 1 S CLAIMS-MADE [_ l OCCUR PREMISESU(EaENTE occurrence) $ MED EXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S _ POLICY PRO-JECT ri LOC PRODUCTS-COMP/OP AGG S OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _--- HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y I N STATUTE FOR ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUOED? N(A — - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes.describe under -� DESCRIPTION Or OPERATIONS below E.L.DISEASE-POLICY LIMIT S F Contr.Professional Pollution Liab. PCAB-5025043-0624 6/1/2024 6/1/2025 Per Claim$5,000,000'Aggregate 551,000,000 APPROVED AS TO FORM ‘A. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) By: Professional Service Contract MICHAEL E. GATES As required per written contract CITY ATTORN[Y Professional liability retroactive date 11/11/1978 Professional/Pollution'Aggregate limit is total insurance available for all claims presented within the policy Ponn11603441N1INGTON BEACH insured.Limit will be reduced by payments of indemnity and/or expenses. CERTIFICATE HOLDER CANCELLATION Professional Service Contract SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn Joseph Fuentes PO Box 190 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 Brian Callaghan ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 80105410 I KITCifELT• 24/25 GL P:C PL 5/5 I Abbie Fisher 15/21/2024 11:33:30 AV (COT) I Page 1 of 3 This certificate cancels and supersedes ALL previously issued certificates. Berkley Assurance Company Page 1 of 1 Amendment of Specified Condition Endorsement In consideration of the premium paid,it is understood and agreed that the Condition described in the Location of Specified Condition field,below,of Section XI.is deleted in its entirety and replaced with the Condition contained within the Amended Condition field,below: Location of Specified Condition: M. Amended Condition: Except as otherwise specified in this provision,this Policy is excess over the Self-Insured Retention and any other valid and:collectible liability insurance available to you,whether such other insurance is stated to be primary, pro-rata,contributory,excess,contingent,self- insured or otherwise,unless such other insurance.is written specifically excess of this Policy by reference in such other policy to the Policy number in this Policys Declarations.When any other insurance has a duty to defend the Claim,we will have no duty to defend the Claim ;if no such other insurance defends the Claim,we will have the right but not the duty to defend the Claim. • in the case of any Claim under Insuring Agreements.B.Professional Liability,C.Contractors Pollution Liability,or Biological Pollution Liability covered by this Policy and the insured's Commercial General, Umbrella and Excess Liability program provided by the American Contractors Insurance Group,the specific elements of such Claim shall be addressed on a primary basis by the respective insurance policy which applies to such elements. In the case of other valid and collectible Project-Specific liability insurance for Claims or First Party Claims to which this Policy also applies,this Policy is excess over all such other insurance except as respects any specific coverages this Policy would provide which are not covered by any of such other insurance due to omission or exclusion. Under Coverage C only,when you are required by written contract,written agreement,or permit,executed prior to when the Pollution Claim was first made,to include any person or entity as an additional Insured',such coverage will be provided on a primary and non- contributory basis to the extent so.required. Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated in the Policy Form.All other provisions of the Policy remain unchanged: Insured Kitchell CEM,Inc. Policy Number PCAB-5O25043-0624 Effective Date of This Endorsement Authorized Representative 06/0112024 Policy Form:PERFORM-10002(11-20) 29400-5014618-91051 20-PERFORM-11002(04-16) 00105410 I KITCHELL 124/25 GL I:C PL 5/5 I Abbie Fisher 15/21/2024 11:33:30 321 (COT) I Page 2 of 3 - - - This certificate cancels and supersedes ALL previously issued certificates. - - Berkley Assurance Company Page or 1 Amendment of Condition C. Subrogation Endorsement in consideration of the premium paid, it Is understood and agreed that Section XI.C. is deleted in its entirety and replaced with the following: C. Subrogation In the event of any payment under this Policy,we shall be subrogated to all of your rights of recovery thereof.You shall execute and deliver all requested instruments and papers In furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights.You shall do nothing to waive or prejudice such rights.We shall have priority In any recovery, and any amounts recovered In excess of our total payment and the cost to us of recovery shall be paid to you.However,we waive our rights of subrogation'under this Policy against any person or entity (except for a Responsible Entity)to the extent such a waiver is required by a written contract with you executed prior to the Claim. For.Coverage A only,we will not subrogate against a Responsible Entity,provided It has maintained Recoverable Insurance,regardless of whether or not such Recoverable Insurance is exhausted or reduced. Whenever printed in this Endorsement,the boldface type tents shall have the same meanings as indicated in the Policy Form.All other provisions of the Policy remain unchanged. Insured, Kitchell CEM,Inc. Policy Number PCAB-5025043-0624 Effective Date of This Endorsement Authorized Representative 06/01/2024 Policy Form:.PERFORM-10002(11-20) 35956-5014618.91051 10-PERFORM-10009(02-20) 80105410 I KITCHELL 124/25 GL 5C PL 5/5 I Abbie Fisher 15/21/2024 11:33:30 AU (CDT) I Page 3 of 3 This certificate cancels and supersedes ALL previously issued certificates. v/C.- AC R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM!OD 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(les)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: AUG Insurance Agency Inc. PHONE FAX 2600 N.Central Expwy.Suite 800 (A/c-No.Exq: 972-702-9004 (No.No): 972-687-0601 Richardson,TX 75080 E5. s• accountmanagera(a7acig.com INSURER(S)AFFORDING COVERAGE NAIC Il _ www.acig.com INSURER A: INSURED INSURER B: Kitchell CEM, Inc. 2450 Venture Oaks Way,Suite 500 INSURERC: Sacramento CA 95833 INSURERD: INSURER E: INSURER F: Berkley Assurance Company 39462 COVERAGES CERTIFICATE NUMBER: 79791859 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 ADOL SUER POLICY EFF POLICY EXP LIMITS INSD (M WVO POLICY NUMBER M/DD/YYYYI (MMIDD/Yyyyt COMMERCIAL GENERAL UABIUTY EACH OCCURRENCEDAMAG $ ENTED CLAIMS-MADE OCCUR PREMISES TO occurrence) $ MED EXP(Any one person) $ PERSONAL 8,ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ -1 POLICY I I El: I—i LOC PRODUCTS-COMPIOP AGO $ JEC OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea ecddenl) ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY IPer(ccldent) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y!N PER ER ANFICR1OPRIET EREXCL NEF E ECUTIVE N/A E.L.EACH ACCIDENTOF S (Mandatory lit NH) E.L.DISEASE•EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below EL,DISEASE•POLICY LIMIT S F Contr.Professional Pollution L(ab. PCAB-5022319-0623 6/1/2023 6/1/2024 Per Claim$5,000,000`Aggregate$5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If more spaces required) ,v� Professional Service Contract APPROVED AS TO FOR! As required per written contract FORT Professional liability retroactive date 11/11/1978 Professional/Pollution`Aggregate limit is total Insurance available for all claims presented within the policy period fo e( Ippp of E.OAT ES Insured.Limit will be reduced by payments of Indemnity and/or expenses, MM�I�CtttlA CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION Professional Service Contract SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn Joseph Fuentes Box 190 2000 Mainin Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 Brian Callaghan 0 1986-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 79791859 I KITCHELL 123/24 GL kC PL 5/5 I Coral Robles 15/1/2024 8:09:42 AN (COT) I Page 1 of 3 This certificate cancels and supersedes ALL previously issued certificates. Berkley Assurance Company Page 1 of 1 Amendment of Specified Condition Endorsement In consideration of the premium paid, it is understood and agreed that the Condition described in the Location of Specified Condition field,below,of Section Xl.is deleted in its entirety and replaced with the Condition contained within the Amended Condition field,below: Location of Specified Condition: M. Amended Condition: Except as otherwise specified in this provision,this Policy is excess over the Self-Insured Retention and any other valid and collectible liability insurance available to you,whether such other insurance is stated to be primary,pro-rata,contributory,excess,contingent,self- insured or otherwise,unless such other insurance is written specifically excess of this Policy by reference In such other policy to the Policy number in this Policys Declarations.When any other insurance has a duty to defend the Claim,we will have no duty to defend the Claim;if no such other insurance defends the Claim ,we will have the right but not the duty to defend the Claim. In the case of any Claim under Insuring Agreements B.Professional Liability,C.Contractors Pollution Liability,or Biological Pollution Liability covered by this Policy and the Insured's Commercial General,Umbrella and Excess Liability program provided by the American Contractors Insurance Group,the specific elements of such Claim shall be addressed on a primary basis by the respective insurance policy which applies to such elements. In the case of other valid and collectible Project-Specific liability insurance for Claims or First Party Claims to which this Policy also applies,this Policy is excess over all such other insurance except as respects any specific coverages this Policy would provide which are not covered by any of such other insurance due to omission or exclusion. Under Coverage C only,when you are required by written contract,written agreement,or permit,executed prior to when the Pollution Claim was first made,to include any person or entity as an additional Insured,such coverage will be provided on a primary and non- contributory basis to the extent so required. Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated In the Policy Form.All other provisions of the Policy remain unchanged. Insured Kitchell CEM,inc, Policy Number PCAB-5022319-0623 Effective Date of This Endorsement Authorized Representative 06/01/2023 Policy Form:PERFORM-10002(11-20) 29400-5014618-91051 20-PERFORM-11002(04-16) 19,91059 I KITCHELL 123/24 GL EC PL 5/5 I Coral Robles 5/1/2024 0,09,42 AM (COT) ) Page 2 of 3 This certificate cancels and supersedes ALL previously issued certificates. Berkley Assurance Company Page 1 of 1 Amendment of Condition C. Subrogation Endorsement in consideration of the premium paid, it is understood and agreed that Section XI.C. Is deleted in Its entirety and replaced with the following: C, Subrogation i in the event of any payment under this Policy,we shall be subrogated to all of your rights of recovery thereof.You shall execute and deliver all requested Instruments and papers In furtherance of such rights to us and do whatever else Is reasonably necessary to secure such rights.You shall do nothing to waive or prejudice such rights.We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you.However,we waive our rights of subrogation under this Policy against any person or entity (except for a Responsible Entity)to the extent such a waiver Is required by a written contract with you executed prior to the Claim. For Coverage A only,we will not subrogate against a Responsible Entity,provided it has maintained Recoverable Insurance,regardless of whether or not such Recoverable insurance 1s exhausted or reduced. Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated in the Policy Form,All other provisions of the Policy remain unchanged. Insured. Kitchell OEM,Inc. Policy Number PCAB-5022319-0623 Effective Date of This Endorsement Authorized Representative 06/01/2023 .Policy Form:.PERFORM-10002(11-20) 35956.5014618.91051 10-PERFORM•10009(02-20) 79791e59 I RITCHELL I23/24 CL MC PL 5/5 1 Coral Robles 1 5/1/2024 8:09:42 AM (CDT) I pegs 3 of 3 This certificate cancels and supersedes M J. previously issued cerL•ificates. 6zxls Tie) A9WVAb Il o City of Huntington Beach File #: 21-493 MEETING DATE: 7/20=21 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Architectural Engineering Services with Johnson Favaro, Kitchell PBK-WLC, Studio One Eleven, and Westberg White Statement of Issue: The Public Works Department requires on-call architectural engineering services for as-needed support staff to assist with the design of capital improvement projects, which are identified in the annual Capital Improvement Program (CIP), as well as other facility and infrastructure needs. Financial Impact: The City's adopted Fiscal Year (FY) 2020/21 and proposed FY 2021/22 CIP Budgets total $24.5 million and $39.3 million, respectively, for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. The five recommended architectural engineering service contracts, totaling $6.0 million, will be funded within each project's individual CIP budget, as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Johnson Favaro for On-Call Architectural Engineering and Professional Consulting Services," in an amount not to exceed $2,000,000; and, B) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Kitchell/CEM. Inc. for On-Call Architectural Engineering and Professional Consulting Servicei, in an amount not to exceed 1,000,000; and, C) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and PBK-WLC for On-Call Architectural Engineering and Professional Consulting Services," in an amount not to exceed $1,000,000; and, D) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract CNy of Huntrpton Beach Page 1 of 3 Printed or 7;142021 P.I.M6Z L09.181" File #: 21-493 MEETING DATE: 7/20/2021 Between the City of Huntington Beach and RDC-S111, Inc. dba Studio One Eleven for On-Call Architectural Engineering and Professional Consulting Services;' in an amount not to exceed $1,000,000; and, E) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering and Professional Consulting Services," in an amount not to exceed $1,000.000. Alternative Action(s): Do not authorize the contracts and direct staff accordingly. Budgeted capital improvement projects could be delayed until new contracts are approved. Analysis: On March 15, 2021, the City advertised a Request for Qualifications (RFQ) for On-Call Architectural Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twenty-five proposals were received for architectural engineering services. In accordance with qualifications-based selected procurement, per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Proposals were then evaluated and ranked by the review board. The top five firms were selected in each category to increase opportunity for competitive proposals for future projects from qualified on- call consultants. The five contracts recommended for approval are for support staff for architectural engineering of capital improvement projects as well as general infrastructure projects. These services have historically been utilized to supplement City staff to meet annual Capital Improvement Program (CIP) goals, as an extension of staff, and/or to provide required expertise for unique projects. It is anticipated that these services will be required, based on previous years. Each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. The City's CIP was approximately $24.5 million in FY 2020/21. In addition, the proposed FY 2021122 CIP totals $39.3 million in new projects. Typical design and construction support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10-20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual consultant costs would be around $3 million to the City for total CIP projects, or approximately $9 million over the next three (3) years. However, there will be one firm (Johnson Favaro) with a higher allocation of $2 million to reflect the design services for the Oakview Community Center, which has been adopted in the City's CIP budget. Architectural engineering services are typically required for buildings and structures related CIP projects. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of$6 million. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 7/142021 powerelaq-legistar- File #: 21-493 MEETING DATE: 7/20/2021 Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Johnson Favaro for On-Call Architectural Engineering Services 2. Professional Services Contract between the City of Huntington Beach and Kitchell for On-Call Architectural Engineering Services 3. Professional Services Contract between the City of Huntington Beach and PBK-WLC for On- Call Architectural Engineering Services 4. Professional Services Contract between the City of Huntington Beach and Studio One Eleven for On-Call Architectural Engineering Services 5. Professional Services Contract between the City of Huntington Beach and Westberg White for On-Call Architectural Engineering Services 6. Professional Services Award Analysis City of Huntington Beach Page 3 of 3 Printed on 7/142021 powered Legistar- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KITCI-IELL/CEi,I. INC. FOR ON-CALL ARCHITECTURAL ENGINEERING & PROFESSIONAL CONSULTING 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 Kitchell/CWA4. Inc., a California Corporation hereinafter referred to as "CONSUL PANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call Architectural Engineering & Professional Consulting 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 pertorm these services, NOW. TI-IF..REFORE, it is agreed by CITY and CONSUL PANT as follows: I. 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 Heather Brown who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 21-9932/261655 1 of II 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on l o�� , 20 J/ (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 three (3) years 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 One Million Dollars (51,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 21-9932261655 2 of I I 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 FIARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnity 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 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. 13. 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. 21-9932/261655 3 of 11 "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 detend, 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 attorneys 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 it limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars (SI.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 21-9932/261655 4 of I 1 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 etTect 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 OP INSURANCE Prior to commencing performance of the work hereunder. CONSULTANT shall Cornish 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 21-9932/261655 5 of' I I 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 CONS ULTANT's defense. hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of' insurance. CONSULTANT shall pay, in a prompt and timely manner. the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense. and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, Unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if anv. in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREI3MEN'I' 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 2 1-9932/26 1655 6 of 1 I 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. U. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOI`ICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONS ULTANT'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 difterent 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: 21-9932/261655 7 of' 1 1 TO CITY: TO CONSULTANT: Citv of Huntim,ton Beach KITCHEL/CEM, INC. A"I TN: Chris Tanio A"CI'N: Heather Brown 2000 Main Street 17291 Irvine Blvd.. Suite 370 Huntington Beach, CA 92648 Tustin;CA 92780 �ayso ✓el-1-1u 1-6 OA ky ulaJ SOv 17. CONSENT sGl( i2{/11C rttD CsI �IsS33 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 Lit the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reterence 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 017 THIS AGRELMENT The language of all parts of this Agreement shall in all cases be construed as a whole. accordine to its fair meaning, and not strictly for or against any of the parties. If anv 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 arty other unless so expressly provided here. As used in this Agreement, the masculine or 2 1-9932/26 1655 8 ofII neuter gender and singular or plural number shall be deemed to include the other whenever the contest so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of-which so executed shall, irrespective of the date of' its execution and delivery, be deemed an original, Each duplicate original shall be deemed an original instrument as against any party who has signed it. 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. CONS UI.;TANIT 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. 21-9932/261655 901, 11 24. ATTORNEY'S I-EF.,S 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 perfortnance hereof, each party shall bear its own attorneys fees. such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL 'fenns and conditions of this Agreement, which by their sense and contest 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, promise, agreement, warranty. fact or circumstance not expressly set forth in this 2 1-9932/26 1655 1001, 11 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 Council. 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. 2 1-9932/26 1655 11 of I I 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 Council. 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. CONSU TANT, CITY OF HUNTINGTON BEACH, a KITCH 1L/CFM, INC. municipal corporation of the State of California nd Coh resident Mayor prinNAc ITS: (circle one)ChainnimPresidentNice President NP City Clerk � A By. INITIATED AND APPROVED: Heather Brown,Asst. Secretary print name Director of Public Works ITS: (circle one)Secrctary/Chief Financial OOiccr/Assl. Secretary-Tre rtt REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: h. City Attorney COUNTERPART 21-9932/261655 11 of 11 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 Council. 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. CONSULTANT, CITY OF HUNTINGTON BEACH, a KITCHELUCEM, INC. municipal co ration of the State of Calif is Mayor print name ITS: (circle one)Chairtnan/PresidrnWice President City Clerk 9 �� AND INITIATED D APP ED: By: print name `t6r of u le Works ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secrciary-Treasurer VI W DA AP�ROVED: City Manager APPROVED AS TO FORM: .7 City Attorney COUNTERPART 21-"32/261655 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONS UI TANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Architectural Engineering Consulting Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: I. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A 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: Please see attached hourly rates. B. Travel. Charges for time during travel are not reimbursable C. 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. 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 Surfnct Exhibit B hourly I 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. Surfntt Exhibit B hourly 2 :.'• .. In an eHo,t to save tinge,interested pi oposers shall concur:end submit a detailed hourly tote schedule,which is to be uploaded under the Cost File in Planel Aids --- `Y) RATE SHEET 'F REIMBURSABLE EXPENSES Reimbursable expenses are billed at actual cost plus 10%markup. Reimbursable costs vary from project to project.Following are categories of possible reimbursable expenses. 1 Postal&Delivery Services Position Rate Office Equipment Project Director $250 E Document Reproduction Program Manager $210 l, Communications Engineering Department Manager $210 / Plans,Prints&Photographs Project Manager $185 Travel outside the area Professional Engineer $170 Registered Architect S170 Quality Manager $165 HOURLY RATES BIM Manager/Specialist $165 The hourly rates below are fully burdened with employee Professional Staff $165 benefits,statutory requirements,overhead and profit,and Senior Estimator $175 the following equipment as indicated within the RFQ: Estimator $165 i, Cell Phones Scheduler $165 � Laptop Computers Sustainability Manager $200 � Printers CMMS Technician $140 Personal Protective Equipment Facility Maintenance Manager $185 Facility Maintenance Specialist $155 These rates are applicable to services requested on Commissioning Manager $185 an individualized hourly billing basis.Our fees for comprehensive services take advantage of savings such Commissioning Agent $155 as resource allocations and economies of scale,which can Administrative Support $90 result in improved hourly rate calculations. Field Office Manager $90 The estimated hourly rates will be effective through the next three years.For subsequent years,the rates are subject to a 3%annual cost of living adjustment.Hourly overtime rates for weekdays,Saturdays,Sundays and holidays will be determined based upon a specific scope of work. ® ® ON-CALL ARCHII LL IUNAL ENCINEEPING&PROFESSIONAL CONSWING I PAGE I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF 1-iUNfINGTON BEACH AND FOR Table of Contents 1 Scopeof'Seryices.....................................................................................................I 2 City Staff Assistancc.................................................... 3 Term: Time of Pertiormancc.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work........................................................................................................ .......Z 6 Method of Payment..................................................................................................3 7 Disposition of Plans. Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Nlodification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal ServicesSubcontracting Prohibited........................._.....................................9 24 Attornev's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirctv......................................................................................................................10 29 Effective Date................................................................................. I I _ AE✓ D® CERTIFICATE OF LIABILITY INSURANCE DATE 612912021Yn 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 corll0cato holder Is an ADDITIONAL INSURED,the pollcy(les)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 senior rights to the certificate holder III lieu of such ondorsement(s). PRODUCER CONTACT ACIG Insurance Agency, Inc. NAME: 2600 N. Central Ex Wy. Suite 800 PHONE FAX Richardson,TX 75080 .Wc.No.E U: 972-702-ROM .IN4.tls1: 972-667 0601 C MAIL Au Dµi ss; acwlln(monagDlsQaCig.m III WSURERIS)AFFORDING COVERAGE NAIC0 vrWW.aclg.com _ INSURER A: American Contractors Ins.Co.RRG 12300 INSURED INSURER B: ACIG Insurance Company 19984 Kitchell CEM, Inc. 2450 Venture Oaks Way Suite 500 INSURER C: Sacramento CA 95833 INSURERD: INSURER E INSURERF: Borkle Assurance Company39467. COVERAGES CERTIFICATE NUMBER: 62608310 REVISION NUMBER: THIS IS TO CERTIFY THAT'Ti IE POLICIES OF INSURANCE LISTED BELOW[LAVE BEEN ISSUED TO THE INSURED NAMED A00VE 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 15 SUBJECT TO AL1. THE TERMS, LXCLUSIONS AND CONDITIONS OF SUCH I POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IYPEOFINSURARCE ADO aR 1 POLIOYEFH I POLICY r:XP LIMITS L1N POLICY NUMBER MMJD MM10D A d COMMERCIAL GENERAL LIABILITY / GL21A00078 6/1/2021 6/i/202.2- FACHOCCURRaBCE $10000000 A GL21800078(GL Excess) 6/1/'2-021 6/112022 CLAI:AS-AIAOE J OCCIfi PREMISES R! $100 000 A GL21 C00078(GL Excess) 6/1/2021 61 /2022 a aA!ED EXP(Myoro DaRart) $5.000 PERSONAL.A ADV INJURY $10,000,000 GEN I.AGGREGATE LIMIr APPLIES PER: GENERAL AGGREGATE 510,000,000 _ POLII;YI i PRO JECT. I�l 1� PROnUCIS-COMPIOPAGG $10,000000 LJ OTIIER: S HAOTOMOBILIELINUILITY COMBINED SINGLE IMT S ANYAUIO ROLJV- INJURY(Par Dmaan) $ OWNED SCHEDULED BODILY INJURY(PUlaogdane $ AUTOS ONLY _ AUTOS HIRED NONOVlNED PROPERTY DAMAGE 5 AUTOS ONLY _ AUTOS ONLY (Per acfdaml 5 UMBRELLALIAR _ DCCIIR EACHOCCURRENCF. $ EXCESS LMB CWA!S MAUE AGGREGATE $ DEO RETENTION $ WORKERS COMPENSATION PER 1 10111. AND EMPLOYERS'LIABILITY J SIAIUI' EIL B YIN WCA000006621 6/112021 61112022 ANTIC NVU"'Gf8PAm UMV07i:DDIIYF. � �� � E.L.EACH ACCIDENT 51,666,606 B OFFICE rY in I tv 1 NIA WOA000002021 6/1/2021 6l1/2022 (A!aMaory In NMI E.L.DISEASE-FA EMPLOYEE 51•000•000 II yS dvacdlx Lndar DESCRIPTION OF OPERATIONS b9ba E.L.DISEASE-POLICY LMer $1000000 F Conlr.Professional Pollution Llab. PCAB-5014625-0621 6/1/2021 6/1/2022 Per Claim$5,000,000'Aggregale$6,000,000 APPROVED AS TO FORM DESCRIPTION OFOPERATIONS I LOCATIONS 1WHICLES IACORO lot,Addltlonal ltomarka Schaduto,may bo allacbad ll mole eDaco la ropulrod) By; cHAEL E. nres The City,Its Officers,elected or appointed officials,employees,agents,and volunteers are to be covered as additional insureds bfypry.Mflib'ORNEY attached endorsement as res(lects liability arising out of action performed b•/or on behalf of the contractor,products and�q�yJ91E110Td lil(p6@F1;16TEACH contractor.The coverage shall Contain no special limitations on the scope of protection afforded to the City where requlredby v Iten executed contract. RetrouclNe Dates:Contractor's Professional Liability 11111/1978;Conlractor's Protective Inclemnily 09/01/2007;Contmclors Pollution Liability 06/2002 CERTIFICATE HOLDER CANCELLATION Resolution No,2008-63;On Call Architectural Engineering&Professsonal Consulting Services SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Q% f Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St Huntington Beach CA 92648 AViilORli[e REPRESCN IAIIVE Brian Callaghan ` (01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1260 -110 KIme:LL 1 21/n GL MC YL $15 1 .Lhvy Yil.. 1 1/39/2011 J,N,ss W. ICOf} I a.'a I or � car if ica Le caceelu an e d ecperuudu oa t ALI, praviuly Saaved CerLi C icalea. PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City's annual Capital Improvement Program projects. VENDOR: Johnson Favaro OVERALL RANKING: 1 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 93 Johnson Favaro— Minimum Qualifications Review' Total Weighted Maximum Criteria Score Score Proposal Clarity 10 10 Qualifications 24 20 Staffing 24 20 Understanding and Methodology 11 15 References and Background 9 10 Interview 15 15 Total 93 100 ll. DUE DILIGENCE REVIEW Johnson Favaro—Summary of Review • Excellent experience including community centers Johnson Favaro— Pricing • Low end from S85/hr • High end to 5220/hr for Principal 229 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City's annual Capital Improvement Program projects. VENDOR: PBK-WLC OVERALL RANKING: 2 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 93 PBK-WLC —Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 9 10 Qualifications 23 20 Staffing 23 20 Understanding and Methodology 15 15 References and Background 9 10 Interview 14 15 Total 93 100 II. DUE DILIGENCE REVIEW PBK-WLC—Summary of Review • Excellent overall experience in beach cities including fire and police stations, community centers, and arks. PBK-WLC—Pricing • Low end from $105/hr • High end to $255/hr for Principal 230 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City's annual Capital Improvement Program projects. VENDOR: Kitchell OVERALL RANKING: 3 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 92 Kitchell — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 9 10 Qualifications 23 20 Staffing 23 20 Understanding and Methodology 14 15 References and Background 9 10 Interview 14 15 Total 92 _ 100 II. DUE DILIGENCE REVIEW Kitchell—Summary of Review • Great experience with various facilities such as fire stations and restrooms. In-house engineering and architectural services Kitchell — Pricing • Low end from S90/hr • High end to S250/hr for Project Director 231 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City's annual Capital Improvement Program projects. VENDOR: Westberg White OVERALL RANKING: 4 out of 25 SUBJECT MATTER EXPERTS/RATERS: t. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 91 Westberg White— Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 9 10 Qualifications 23 20 Staffing 23 20 Understanding and Methodology 14 15 References and Background 9 10 Interview 13 15 Total 91 100 H. DUE DILIGENCE REVIEW Westberg White— Summary of Review • Good previous experience with City Westberg White— Pricing • Low end from $70/hr • High end to $230/hr for Principal 232 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for Cit,/s annual Capital Improvement Program projects. VENDOR: Studio One Eleven OVERALL RANKING: 5 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 89 Studio One Eleven — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 9 10 Qualifications 22 20 Staffing 22 20 Understanding and Methodology 14 15 References and Background 9 10 Interview 13 15 Total 89 100 H. DUE DILIGENCE REVIEW Studio One Eleven — Summary of Review • Good experience with urban design, fa ade/fronta e, and community engagement. Studio One Eleven — Pricing • Low end from S95/hr High end to $240/hr for Senior Principal 233 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ N,",�v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 2, 2021 KITCHELUCEM, INC. Attn: Heather Brown 2450 Venture Oaks Way Suite 500 Sacramento, CA 95833 Dear Ms. Brown: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and KITCHELUCEM, INC. for On-Call Architectural Engineering & Professional Consulting Services" approved by the Huntington Beach City Council on July 20, 2021. Sincerely, 2 dfizd v Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand