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RDC-S111, Inc. dba Studio One Eleven - 2021-07-20 (2)
fro ccbe AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RDC-S 111, INC., DBA STUDIO ONE ELEVEN 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 RDC-S 111, INC.,DBA STUDIO ONE ELEVEN, 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 RDC-Sl 1l, INC., DBA STUDIO ONE ELEVEN 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 JW1-6�rj , 2024. 24-14385/335625 1 RDC-Sl 11, INC., DBA STUDIO ONE CITY OF HUNTINGTON BEACH, a ELEVEN municipal corporation of the State of California By: _ilAA1 . ------ lig* • fitik JL print name Mayor ITS: (circle one) Chairma. eside. ice President 9'4S4lUdN, 6 1/1e4gti_ AND City Cler U��BY: INITIATED AND APPROVED: t�ic�Al- —�� print name "( ITS: (circle one)0 ►J Chief Financial Officer/Asst. Secretary- reasurer Director of Public Works APPROVED AS RM: (, • y torney 24-14385/335625 2 xt 7 ® DATE(MM/DD(YYYY) A 3 o CERTIFICATE OF LIABILITY INSURANCE 3/27/2024 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: Jennifer Aguirre AssuredPartners Design Professionals Insurance Services,LLC PHO"No.Exl):(510) 3090 FAX 3697 3697 Mt.Diablo Blvd Suite 230 E-MAIL Lafayette CA 94549 ADDRESS: DesignProCerts@ASsuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC A License#600_3745 INSURER A:Travelers Property Casualty Company of America 25674 INSURED RETAIDESI INSURERS:Travelers Casualty and Surety Co of America 31194 RDC-S111,Inc./Studio One Eleven 245 East Third Street INSURER C Long Beach,CA 90802 INSURER D: 562-628-8000 INSURER E:. INSURER F: _ COVERAGES CERTIFICATE NUMBER:1410952975 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. ILT_R TYPE OF INSURANCE W B SUBR WVD POLICY NUMBER IMMIDDIYYYY) (MM/LDIDIYYYY) LIMITS A X COMMERCIALGENERAL LIABILITY Y Y 6800J889444 4/18/2024 4/18/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 X XCU Included PERSONAL&AOV INJURY $1,000,000 • GEN'L AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE 52,000,000 POLICY n PJECROT- n LOC PSODUCTS-COMP/OP AGG $2,000,000 OTHER: _ $ A AUTOMOBILE LIABILITY Y Y BA6R860679 4/18/2024 4/18/2025 COMBINED SINGLE LIMIT $1.000.000 (Ea eoddentl X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per sodded) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE S _ AUTOS ONLY _ AUTOS ONLY (Per accident) • A X UMBRELLA LIAB X. OCCUR Y Y CUP6847Y136 4/18/2024 4/18/2025 EACH OCCURRENCE $5,000,000 - r— EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION SA $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE n N!A E.L.EACH ACCIDENT S OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B . Professional Liability 107612018 4118/2024 4/18/2025 $2,000,000 per Claim Claims Made $2,000.000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability. Project Name: Oak and Ash Lanes Streetscape-- City of Huntington Beach is named as Additional Insured on General Liability and Auto Liability, er policy forms,with respect to the operations of the Named Insured as required by written contract. General Liability)$i41tA0Di/110 ACl litl6tlEO,RMi severs ility of interests per policy form wording. Insurance coverage Includes waiver of subrogation per attached. EY: MICHAEL E.OATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION 30 DhiItlXti�Fof Cah llta 50N 15 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: Chau Vu 2000 Main Street AUTHORIZED REPRESENTATIVE 2 Huntington Beach,CA 92648 a;,,, 1 1 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6800J889444 ISSUED DATE:3/27/2024 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 dude 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 corn- 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: tor 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. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6800J889444 ISSUED DATE: 3/27/2024 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 dude 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- Lions 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 Policy# 688OJ889444 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares,we will follow this method also. b. Those statements are based upon Under this approach each Insurer contributes representations you made to us; and equal amounts until it has paid Its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other Insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurers rights under this insurance. However,this provision share is based on the ratio of its applicable limit does not affect, our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable Insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract —>7, Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance,and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- Insurance applies: contributory basis, this Insurance Is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured;and which covers,such insured as a named insured, and we will not share with that other insurance, b. Separately to each Insured against whom claim provided that: is made or"suit"is brought. (1) The"bodily injury'or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs;and To Us (2) The "personal and advertising Injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us.The insured must to the signing of that contract or do nothing;after loss to Impair them.At our request, subsequent su agreement o you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 8. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part,we will Partin accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured.The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill.If the sum of 1. "Advertisement"means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication;and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about'your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. 'CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. Policy#0800J889444 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your"employees" therapy assistant, physical therapist or for"bodily injury"that arises out of providing speech-language pathologist;or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees"or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or"volunteer workers"providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan services"during their work hours for you SECTION III—LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph 6. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily Injury" sustained by any 3. The following replaces the last sentence of one person,and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF. a. $10,000;or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services"to any one person will be deemed to be one"occurrence". The following is added to Paragraph 4.b., 4. The following exclusion is added .to Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily Injury" or "property damage" arising loss Is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION — knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT 6. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8.,Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services"means: of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x LIABILITY CONDITIONS: ray or nursing service or treatment, If the Insured has agreed In a written contract or advice or Instruction, or the related agreement to waive that Insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following Is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This Insurance is excess over any valid and an offense that Is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 0219 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.with Its permissbn. BA6R860679 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what Is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO • EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under MESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered"autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B, EMPLOYEE HIRED AUTO ness. 1. The following Is added to Paragraph A.1., However, any"auto"that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered"auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured,of SECTION II—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any"employee"of yours is an "insured"while us- (2) An adjustment for depredation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered"auto". eluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto' that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowedSECTION II-COVERED AUTOS LIABILITY from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of The I COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a coy- . 1. "Trailers" with a load capacity of 3,000 ered"auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b, of SECTION III - PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE Is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: Hired Auto Physical Damage Coverage The following is added to Paragraph D., Deducti- Y g g ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an"insured";and stolen property as of the time of the (2) In or on your covered"auto". "loss";or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 02015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION Ill — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered"auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b, and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that"auto" Is a covered "auto"for Compre- (d) Costs for extended warranties,Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; lease; and and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The followingis added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total"loss"to a covered "auto"of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Coy- tent required of you by a written contract exe- erage is provided,we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident"or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract.The waiver applies only to the person or Coverage Section of the policy for that"auto'; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 49ftV&Z 6-O City of Huntington Beach File#: 21-493 MEETING DATE: 7/20/2021 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: 'f 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, ilt Etz, 4eMwtt tile, 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 Services," in an amount not to exceed $1,000,000; and, * Sca. 4WPA,-A& fi' e, 31 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, *.Scums 6",-AU, F l2 D) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Cpy d Hun*0on Beech Pape 1 of 3 Prntad on 7114/2021 Pa.&Ai*L to"- File#: 21-493 MEETING DATE: 7/20/2021 Between the City of Huntington Beach and RDC-S111 Inc. dba Studio One Eleven for On-Cail Architectural Engineering and Professional Consulting Services,` in an amount not to exceed $1-000.000: and, �E 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 Se vices," in an amount not to exceed $1.000,000. Altemative Actiori Do not authorize the contracts and direct staff accordingly. Budgeted capital improvement projects cou d be delayed until new contracts are approved. Analysis: On March 15, 2024, 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 Pubic 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 `uture 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 2021/22 CIP totals $39.3 million in new projects. Typical design and construction support cost from the use of consultants on a CIP protect can vary between ten to twenty percent (10-20%) of total costs for a CIP project. Therefore, 1 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 refect the design services for the Oakview Community Center, which has been adopted in the City's CIP budget. Architectural engineerrg services are typically required for bui.dings and structures related CIP projects. Therefore, these consultants were selected to moot 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 Lresc contract services is only through City Council authorization in the budget approval process Environmental Status: City c t-a^flogtcn Beal -- P"7 of 3 — - —`-- Preted on 7/14=1 ,a AA*Lp141ar' 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 Primed on 7/142021 poweMIP*Legistar"' PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF I IUNTINGTON BEACH AND RDC-Sl 11, INC. DBA STUDIO ONE: ELEVEN 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 RDC-S111. Inc. DBA Studio One Eleven, a California Corporation hereinafter referred to as "CONSULTANT." 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 Nunicipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with: and CONSULTANT has been selected to perform these services, NOW. THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services 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 Matt Wister who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY s-rAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTA INT in the performance of this Agreement. 21-9933/261664 1 of I I 3. TERM. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ! 20 o2l (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($1,000,000.00). 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-"33/261664 2 of 11 7. DISPOSITION 01' 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 belone 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. S. 1-I01-D I-IARIv11..ESS 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 anv) 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: 21-9933/261664 3 of I "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 Q 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. 9. PROFESSIONAL LIABILITY INSURANCL CONSUI:fANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTAN-'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 21-9933/261664 4 of 1 I police "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made police 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). 13. CONSULTANT shall notil'v CITY of circumstances or incidents that might Live rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of cover-- following PROJECT completion. If insurance is terminated for anv 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 CTTY's election, to forthwith terminate this Agreement. Such termination shall not 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 2 1-99 3 3/26 1 664 5 of I 1 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 Front CONSUL.TANT'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 police of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of' this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of' all taxes, social security, state disability insurance compensation. unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 21-9933/261664 6 of I I event of termination. all finished and unfinished documents. exhibits, report, and evidence shall, at the option ol'CITY, become its property and shall be promptly delivered to it by CONSULTANT. I I ASSIGN%Ml-NT AND DF..1..I'GATION 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. 1=4. 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 perfornned 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: 2 1-9933/26 1664 7 of I I TO CITY: TO CONSULTANT: City of Huntington Beach RDC-SI I I. INC. DBA STUDIO ONE ATTN: Chris Tanio ELEVEN 2000 ,Wain Street ATTN: Matt Wister Huntington Beach, CA 92648 245 East Third Street Long Beach, CA 90802 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. iMODIPICATION 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 ol' the parties or affect the construction or interpretation of any provision of this Agreement. 20. INfERPR1 TATION OP 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' 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 any other unless so expressly provided here. As used in this Agreement, the masculine or 21-9933/261664 801, 11 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 fill 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 SUBCONTRAC"PING 131ZO1-IIBITE..D 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 Huminglori Beach Ciro, 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. 21-9933/261664 9 of 1 1 24. ATTORNEY'S PEES 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 Ter is and conditions of this AgrecmenL 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 terns of this Agreement, and shalt indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in tact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freeh 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. "rhe 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 21-9933/261664 10 of, 1 1 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 RDC-S 111, INC., DBA STUDIO ONE municipal corporation of the State of ELEVEN ^� California By: A A tic's ��' ba t teti t m ! Mayor print nam IT$: (circle one) Chairtna reside ice President City Clerk AND INITIATED AND APPROVED: By: pri ame Director of Public Works ITS: (circle one .cere Chief Financial OlTicer/Asstt. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: I t �tCity Attorney COUNTERPART 21-"331261664 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 RDC-S111, INC., DBA STUDIO ONE municipal corporation of the State of ELEVEN California By: MMr print name ITS: (circle one)ChairmanlPresidenWlce President City Clerk AND IN ITIATO AND ROVE By: print name Director o ublic orks ITS: (circle one) Secretan,Chicf Financial OfficerlAsst. Secretary-Treasurer 6P� - IE 111 D e City Manager APPROVED AS TO FORM: City Attorney COUNTERPART 21-9933261664 11 of 11 EXIIII31T "A" A. STATEMENT OP 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. CONSULTANTS 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: 1. 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. Billine I. 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 continents 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; 13) 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 Surfnet 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. Surfnet Exhibit n hourly 2 Fee Schedule 1111 Schedule of Fees Milage & Subsistence Professional Staff Category Hourly Fee Auto Mileage: $0.63 per mile Air Travel and Auto Rental: Actual cost plus 15% Staff 12/Senior Principal: $240.00 Subsistence: Actual cost plus 1546 Staff 11/Principal: $230.00 (where the work requires that employee stay over night away from home,or travels beyond 100 miles one-way from our office) Staff 10/Director: $220.00 Staff g/Associate Principal: $210.00 Materials & Supplies a. Office and drafting supplies are included in the hourly rate in Staff 8/Senior Associate: $200.00 paragraph 1. Staff 7/Senior Manager: $190.00 b. Cost of printing, color copies, CAD plotting and reproductions are charged at cost plus 7 50U from commercial reprographics com- Staff 6/Manager: $180.00 panies. c. Outside services i.e., messenger, Federal Express, express mail, Staff 5/Advanced Staff II: $165.00 etc.,are charged at actual cost plus 15%, Staff 4/ Advanced Staff I: $150.00 d. Any reimbursable expenses requested by the client sub- sequent to the completion of our contract scope of work shall be billed on a time and material basis. This includes the Staff 3/Designer/Drafter III: $135.00 cost of prolessional fees required to process this request. Staff 2/Designer/Drafter II: $120.00 Consultants Staff 1 Designer/Drafter I: $95.00 Actual cost plus 15% In accordance with normal architectural rate review practices, we may periodically revise this Schedule of Fees with industry rate changes. We reserve the right to incorporate these changes into existing contracts and/or change in services. studioneleven PROFESSIONAL. SERVICF..S CONTRACT BETWEEN THE CITY Of HUNTINGTON BEACH AND FOR 'Fable of Contents IScope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 3 Term: Time ol'Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Pavment..................................................................................................3 7 Disposition of Plans. Estimates and Other Documents ...........................................3 8 Hold Harmless .......................................................................................................... 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/Patcnts...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headines .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting prohibited................................................................9 24 Attornev's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Ltny .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I Ali j �� ® DATE IMMmumrvl A�DI CERTIFICATE OF LIABILITY INSURANCE sn912021 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 tho certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies)must have ADDITIONAL INSURED provislons 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 center rights to the cartlflcato holder In Ilou of such endorsement(s). PRODUCER NEACT Jennifer Aguirre Assured Partners Design Professionals Insurance Services, LLC PUONC TAX 3697 Mt. Diablo Blvd Suite 230 -LAIC_Ila•EaU:S610)465-3090 Lafayette CA 94549 C A66AEss, Desi nProCerts AssuredPartnem.com INSUHERJS)AFFORDING COVERAGE NATO t kdmen 60027_44 INSURER A.XL Spoclally Insurance Co. 37885 INSURED HEIAIDESI INSURER D:Travelers PmpCny Casually Ooa)p Ony Of Arnedca 25674 RDC-S111, Inc 245 East Third Street INSURERC: 562-628-8000 INSURER Long Beach CA 90802 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1588106845 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 ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE 13FEN REDUCED RY PAID CI AIMS. INSRI ADD SUER POLICYEFF POLICY EXP L R TYPE OF INSURANCE POLICY NUMBER MwD DD LIMITS R X COMMERCIALGENCRALUARILITY Y Y 6800JOB9444 4/16/2021 4/182022 FACH OCCURRENCE $1,000,000 CVd.-AS-IADE ElOCCUR PAMAG RTGO PREMISES I F_.€n_oTcwaE;.}_ $1,000,000 X CBn;rn4uM LIaG MED F.XP(Arty onu PaDce) $10 000 X XCU trNlyded PPRSONN.A ADV INJURY $1,000,000 GENT AGGREGATE I IN I r APPLIES PER: OENERALAGGRECATE $2,000,000 _ POUCY El JRCI L1 LOC PRODUCTS-COMP,OPAGG 52,000,000 OTHER: S II AUTOMOBILE LIABILITY V Y BA612860678 4/18/2021 4I1 B120J2 COMBINED S NOTE:I.MIT S1,000,000 .IEn amdo,U Hxx- ANY AUTO BODILY INJURY fPar pmsci) 5 OWNEDSCAUTOS ONLY ADMED'JIEb IWn11.Y INJUTiY IPa ecrJdenO S _HIRED X No FOSH.OWNED PROPERTY DAMAGE ALL CS ONLY _ AUTOS ONLY ff'stacc,dOeUII 5 D I X UMNRELIALIAO I X I occun Y Y CUP6847YI36 4/182C21 41IW2022 EACH OCCURRENCE 55,000,000 E%CG99 LIM CLAIMS MADE AGGREG7TE $5,000.000 nF.n X RETENTION$ $ WORKERS COMPENSATION PER IOT11 ANU EMPLOYERS'LIABILITY YIN ST TU F I I F ANYPROPRIETIXUPARINERIFXF.CUTIVE ❑ NIA ELEACHACCIDENT $ OFPCERINF.MAERERCLUDEDi (MnWalury In AN) EL DISEASE EA EMPLOYEE $ It f1ro+ desulbe uneer DF:SGfill'TION OF OPERATIONS Ia-0.r F"L 13ISFASF-POLICY UAI $ A PrcfasablW U.Niy DPR9975821 4/18/2021 41182022 20OLWO per ClDlm chd s;Morn $2.000,000 Annual A00regale DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ADORD IaLAeditlonsl Romuhs9cK�eule,nmy baattaal,atl limoro:pety 1.1.1.1,ad) APPROVED AS TO FORM Umbrella ojecttlNamelllClly oil Huntioglon Reach On-Callls a follow-form to Sery Services LloblillylAulo Liability. •,i11CHAEL E. GATES ITY ATTORNEY CM OF HUNTTNGTON BEACH CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Canceilallon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Justin Wessels and Heather Campbell 2000 Main Street AOTNONrzsoaEgaeseNTATrvE Huntington Beach, CA 92646 �, ?'"S�_6(YaAA.r_ ©1OBB-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 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 §851hr • High end to $220/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 H. 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 $90/hr • High end to $250/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: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator 1. 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 Il. DUE DILIGENCE REVIEW Westberg White— Summary of Review • Good previous experience with City' Westberg White— Pricing • Low end from S70/hr • High end to 5230/hr for Principal 232 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for Citys 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 II. DUE DILIGENCE REVIEW Studio One Eleven — Summary of Review • Good experience with urban design, fa ade/fronts 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 ♦ i,%ti�ryv.huntingtonbeachca.gov " Office of the City Clerk ' Robin Estanislau, City Clerk August 2, 2021 Studio One Eleven Attn: Matthew Wister 245 E. 31d Street Long Beach, CA 90802 Dear Mr. Wister: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and Studio One Eleven for On-Call Architectural Engineering & Professional Consulting Services" approved by the Huntington Beach City Council on July 20, 2021. Sincerely, 4�� �+7� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand