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HomeMy WebLinkAboutWestberg White - 2021-07-20 fttA"""• 2000 Main Street, PJ:�h,T�f9GT Huntington Beach,CA 92648 City of Huntington Beach U SE �'- = = APPROVED 7-0 '��UUiJTJ Chi. File #: 25-553 MEETING DATE: 8/19/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Ashley Wysocki, Director of Community & Library Services PREPARED BY: Chris Cole, Community & Library Services Manager Subject: Approve and authorize execution of Professional Services Contracts for On-Call Multi- Discipline Architectural Engineering, Landscape Architectural Engineering and Professional Consulting Services with Bureau Veritas North America, Inc., Dahlin Group Inc., David Volz Design Landscape Architects, Inc., M. Arthur Gensler &Associates, Inc. (Gensler), Gillis + Panichapan Architects, Inc., HAI Hirsch &Associates, Inc., IDS Group, Inc., Johnson Favaro, LLP, Michael Baker International, Inc., NUVIS, PBK Architects, Inc., RDC-S111, Inc., DBA Studio One Eleven, RJM Design Group, Inc., RRM Design Group, SVA Architects, Inc., and Verde Design, Inc. each in an amount not to exceed $1,000,000 over a three-year term Approve and authorize Amendment No. 2 to extend the contract terms for two additional years for On-Call Architectural Engineering & Professional Consulting Services for Kitchell/CEM, Inc. and Westberq White, Inc. Statement of Issue: The Community & Library Services and Public Works Departments require multi-discipline architectural engineering, landscape architectural engineering, and professional design consulting services on an on-call, as-needed basis for architectural engineering, landscape architectural engineering, and professional consulting services for design and construction administration for capital projects and city facilities. Financial Impact: The FY 2025/26 Capital Improvement Program (CIP) includes over $8.6 million in new and continuing appropriations for beach, facilities, and park development projects. With the additional projects anticipated to be scheduled in future years, there is a need to approve new on-call Professional Services Agreements for project design, efficiency, and continuity purposes. The recommended contracts, each with a "not-to-exceed" amount of$1,000,000, would be utilized for approved CIP projects, based on the discipline needed to advance the project into the next_ development phase. The $1,000,000 amount is the "not-to-exceed" amount over the life of the City of Huntington Beach Page 1 of 9 Printed on 8/14/2025 powered by LegistarT" 77 File #: 25-553 MEETING DATE: 8/19/2025 contract, not a guaranteed amount. No funds will be expended under these contracts unless approved as part of the City's Annual Budget. As such, no additional funding is required for this action. Additionally, no additional funding is required to approve the two contract term extensions for On-Call Architectural Engineering & Professional Consulting Services for Kitchell/CEM, Inc. and Westberg White, Inc. Project funds have already been encumbered with no need for additional funding. Recommended Action: * A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract. between the City of Huntington Beach and Bureau Veritas North America, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, . B) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Dahlin Group, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, - C) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract between the City of Huntington Beach and David Volz Design Landscape Architects, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, D) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Arthur M. Gensler, Jr. &Associates, Inc. (Gensler) for On- Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, 2: E) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City Huntington Huntin ton Beach and Gillis + Panichapan Architects, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, F) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and HAI Hirsch &Associates, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, * G) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and IDS Group, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, H) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Johnson Favaro, LLP for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an City of Huntington Beach Page 2 of 9 • Printed on 8/14/2025 powered by Legistarm File #: 25-553 MEETING DATE: 8/19/2025 amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, • I) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, J) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and NUVIS for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1 ,000,000) over a three-year term; and, • K) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and PBK Architects, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1 ,000,000) over a three-year term; and, L) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and RDC-S111 , Inc., DBA Studio One Eleven for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, .. M) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and RJM Design Group, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, • N) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and RRM Design Group for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1 ,000,000) over a three-year term; and, -1• 0) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and SVA Architects, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1 ,000,000) over a three-year term; and, P) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Verde Design, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1 ,000,000) over a three-year term. Q) Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 between the City of Huntington Beach and Kitchell/CEM, Inc. for On-Call Architectural Engineering & Professional Consulting Services to extend the term for two additional years until July 19, 2027; and, R) Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 between the City of Huntington Beach and Westberq White, Inc. for On-Call Architectural Engineering & Professional City of Huntington Beach Page 3 of 9 Printed on 8/14/2025 powered by LegistarT" .,oepaA- 71 79 File #: 25-553 MEETING DATE: 8/19/2025 Consulting Services to extend the term for two additional years until July 19, 2027.. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: On March 17, 2025, a Request for Qualifications (RFQ) for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services was requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Proposals were due by 4:00 PM on Tuesday, April 29, 2025. Thirty-three (33) proposals were received and reviewed by staff from Public Works and Community & Library Services. Proposals were ranked based on six (6) categories: Compliance with RFQ Requirements; Understanding of the Project-Methodology; Qualifications and Experience; Educational Background; Cost/Price; and References. Each element was ranked based on factors between 1-5 and weighted as noted: Understanding of the Project-Methodology (25); Qualifications and Experience (25); Cost/Price (25); Compliance with RFQ requirements (10); Educational Background (10); and References (5). Based on this review, staff recommend awarding contracts to the sixteen (16) firms listed below for three-year terms each as shown in Attachment 1. Architectural Engineering and Landscape Architectural Engineering 1 . Bureau Veritas North America, Inc. 2. Dahlin Group Inc. 3. M. Arthur Gensler, Jr. & Associates, Inc. (Gensler) 4. Gillis + Panichapan Architects, Inc. 5. IDS Group, Inc. 6. Johnson Favaro, LLP 7. NUVIS 8. PBK Architects, Inc. 9. RDC-S111 Inc., DBA Studio One Eleven 10. RRM Design Group 11. SVA Architects, Inc. Landscape Architectural Engineering - Only 12. David Volz Design Landscape Architects, Inc. 13. HAI Hirsch & Associates, Inc. 14. Michael Baker International, Inc. 15. RJM Design Group, Inc. 16. Verde Design, Inc. By contracting with the above firms, the Community & Library Services and Public Works Departments will have more options and a larger pool of qualified consultants for any given project based on each consultant's specific area of expertise. For example, some firms specialize in master City of Huntington Beach Page 4 of 9 Printed on 8/14/2025 powered by Legistar'" 80 File#: 25-553 MEETING DATE: 8/19/2025 plans, park development, geotechnical, elevators, structures, and new builds, etc. Fewer on-call consultants limits staffs ability to schedule and manage projects in an efficient manner. Consultants with specific areas of expertise often have substantial workloads and may have conflicts in adhering to the requested timeline. With multiple consultants', staff will have increased flexibility in scheduling project design tasks or even scheduling projects simultaneously, creating a more timely and effective process. The use of multiple contracts also assists in creating a competitive climate between firms, which is advantageous in securing the best pricing. In general, the Standard Operating Procedure (SOP) in administering on-call contracts is for staff to issue task orders for each project based upon the scope of services. For task orders greater than $50,000, the City will typically solicit proposals from two or more of the qualified consultants. Bids are requested from the on-call list, based on the firm's specialty. For example, architectural-only firms will be asked to bid on library, facility, structural, and electrical projects and landscape-only firms will be asked for park development, right-of-way, etc. The firms that can do both will be used the same way. As part of the RFQ process, all firms had to provide work history and specialties, and the dual functioning firms are able to take on a larger variety of projects. The scope of work for architectural engineering, landscape architecture engineering, and professional consulting firms may involve all phases of a development project. The following summarizes the major elements of the scope of work included in the RFQ. Preliminary Plans and Design - Prepare alternative preliminary layouts, surveying, architectural services, and estimates of probable cost for alternatives, and prepare details and calculations. Present alternatives, as needed at staff and/or City Council meetings, and provide recommendations and analyses of the advantages of each alternative. Entitlements/Permits -As a primary consultant, assist the City in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits as may be required. Construction Documents - Prepare designs, plans, specifications, cost estimates and contract bidding documents. The City shall review the construction documents at the preliminary engineering, sixty (60%), ninety percent (90%), and final documents stages. Landscape, Architectural, Engineering Services - Provide landscape, architectural, planning, and design services primarily for existing City parks, facilities, community centers, clubhouses, i.e., tenant improvements, ADA modifications, etc., and park developments, as well as City medians and public spaces. Prepare sketches, renderings, and materials boards providing alternative architectural concepts, designs, and options that can be applied to project requirements. Prepare construction drawings for bidding and archival purposes, as well as technical specifications for materials and methods. The Consultant may be required to perform or assist in environmental assessments, material testing, civil and soils engineering and building architecture. Technical Reports and Analysis - Prepare needs assessments, master plans, and technical studies such as park development fee analysis, including public outreach, community workshops and City of Huntington Beach Page 5 of 9 Printed on 8/14/2025 powered by Legistar," 81 File #: 25-553 MEETING DATE: 8/19/2025 surveys. Bidding Stage -Assist the City in answering bidders' questions, attend pre-bid conferences and job , walks, prepare addenda, analyze bids, and recommend award. Construction Stage -Attend pre-construction conference, monitor construction schedule, visit construction site as required for progress and quality of work. Assist the contract manager, contractor, and inspector with interpretation of the plans, specifications, analysis of changed conditions, development of corrective action, review of shop drawings, and other required tasks. Architectural/Landscape Architectural Engineering Services - Provide landscape, architectural, planning, and design services primarily for existing City parks, facilities, community centers, clubhouses i.e., tenant improvements, ADA modifications, etc., and park developments, as well as City medians and public spaces. Prepare sketches, renderings, and materials boards providing alternative architectural concepts, designs, and options that can be applied to project requirements. Prepare architect's/engineer's cost estimates. In addition to the services listed above, using sub-consultants or in-house personnel, landscape architect firms may be required to perform environmental assessments, material testing, civil and soils engineering and building architecture. Funding for services associated with each of the various CIP projects is based on the City Council • approved CIP budget. Each contract is based on a three-year term, with a total not-to-exceed amount of$1,000,000. The $1,000,000 amount is a "not-to-exceed" contract limit only, not a guaranteed amount. In the past five years, specialized architectural and landscaping services have been used in conjunction with $16.7 million of park development and park facility projects, including: Bartlett Park, Blufftop Park, Central Park Restrooms, Edison & Murdy Community Center Building Improvements, Edison Park Reconfiguration, Harbour View Clubhouse Rehabilitation, Lake Park Reconfiguration, LeBard Park Improvements, Marina Park Reconfiguration, as well Rodgers Senior Center Redevelopment (now known as Memorial Hall). Projects currently underway, scheduled, or budgeted for FY 2025/26 requiring various architectural and design consulting services are listed below. The amount shown for each project is based on current project estimates and total $2,154,418. Blufftop Slope Stabilization Repairs - Project Management $ 60,000 Carr Park Reconfiguration - Design & Construction Documents $316,113 Central Park Electrical Switchgear Replacement- Project Management $100,000 Central Park Master Plan - Conceptual Design and Costing $181,800 City Gym & Pool Flooring - Project Management $ 30,000 City Gym & Pool Partial Re-Roff- Project Management $ 35,000 Edison Park Reconfiguration - CEQA analysis $127,200 Edison Park Reconfiguration - Geotechnical Review $180,440 City of Huntington Beach Page 6 of 9 Printed on 8/14/2025 powered by LegistarTM 82 File#: 25-553 MEETING DATE: 8/19/2025 • HB Art Center Electrical & Lighting Rehabilitation - Project Management $ 30,000 Helen Murphy Branch Foundation - Geological & Design Services $ 80,000 Huntington Central Library Child-Teen Reconfiguration $129,245 Library Facilities Master Plan - Conceptual Design & Preliminary Costs $334,277 Main Promenade Parking Structure Improvement-- Project Management $ 35,000 Marina Park Rehabilitation - Design and Construction Documents $344,343 Schroeder Park- Design $ 64,000 South Beach Lots Attendant Booths- Project Management $ 11,000 Water Production Building Rehabilitation $ 96,000 Looking forward to future fiscal years, staff anticipate design and construction management services will be needed for Carr, Edison, and Marina Park Reconfigurations. Preliminary construction costs for these three park development projects alone are estimated at$32 million with anticipated consulting services needed for the development of plans and specs, as well as construction management costs, totaling approximately 10% or$3.2 million. Staff also anticipates future on-call architectural engineering and landscape architectural services will be needed as a result of the recommendations included in the Library Facilities Master Plan and Central Park Master Plan, although preliminary cost estimates are not available at this time. In addition to this request for approval of the 16 new on-call contracts, staff are requesting approval of two Amendment No. 2's for existing On-Call Architectural Engineering and Professional Consulting . Services contracts for Kitchell/CEM, Inc. and Westberg White, Inc. The original two agreements expired July 20, 2024, but were extended for one year through July 19, 2025. These requested amendments would extend the contract terms for two additional years through July 19, 2027. Both firms currently have on-going on-call architectural projects with the City, however they did not participate in the recent on-call RFQ bidding process. The projects they have been working on are either fully designed, nearly fully designed, or entering the construction phase, requiring minimal service requirements, minimal or no additional compensation, and funded fully under the existing purchase order. Staff are requesting a second amendment for both firms to add two additional years • to the contract duration, with no additional funding, and no new projects during or after the completion of existing obligations. This two-year extension is being requested as a safeguard to ensure project completion; however, it is not expected that the full two years will be utilized. In summary, staff are requesting the approval of 16 new on-call Architectural Engineering and Landscape Architectural Engineering contracts as well as the approval of two additional contract extensions for the firms of Westberg & White, Inc. and Kitchell/CEM, Inc. Environmental Status: Administrative Items: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: City of Huntington Beach Page 7 of 9 Printed on 8/14/2025 powered by LegistarTM 83 File#: 25-553 MEETING DATE: 8/19/2025 Non Applicable -Administrative Item Attachment(s): 1. RFQ Recommended Listing of Consultants 2. Professional Services Contract between the City of Huntington Beach and Bureau Veritas North America, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 3. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Dahlin Group, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 4. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and David Volz Design Landscape Architects, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 5. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and M. Arthur Gensler, Jr. & Associates, Inc. (Gensler) for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 6. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Gillis + Panichapan Architects, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 7. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and HAI Hirsch &Associates, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 8. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and IDS Group, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 9. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Johnson Favaro, LLP for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 10. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 11. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract City of Huntington Beach Page 8 of 9 Printed on 8/14/2025 powered by LegistarT" 84 File #: 25-553 MEETING DATE: 8/19/2025 between the City of Huntington Beach and NUVIS for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 12. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and PBK Architects, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 13. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and RDC-S111 , Inc., DBA Studio One Eleven for On- Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 14. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and RJM Design Group, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 15. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and RRM Design Group for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 16. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and SVA Architects, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 17. Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Verde Design, Inc. for On-Call Professional Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services. 18. Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 between the City of Huntington Beach and Kitchell/CEM, Inc. for On-Call Architectural Engineering & Professional Consulting Services to extend the term for two additional years until July 19, 2027. 19. Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering & Professional Consulting Services to extend the term for two additional years until July 19, 2027. 20. RFQ for On-Call Architectural Engineering, Landscape Architectural Engineering and Professional Consulting Services. City of Huntington Beach Page 9 of 9 Printed on 8/14/2025 powered by LegistarT" 85 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WESTBERG WHITE, 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 WESTBERG WHITE, 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 Westberg White, Inc. for On-Call Architectural Engineering and 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 beyond the original four years allowed under HBMC Chapter 3.03, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for two additional years until July 19,2027. 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 AlAS+- 6� �; 2025. 25-16769/385478 1 WES ITE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: w �✓ print name ITS: (circle o . Chairman/Preside � ice President Mayor City Clerk By:_.-0/1/ INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 25-16769/385478 2 WESTBERG WHITE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name 40,,c,,,Z4470d."0,-%•••-•-•010 ITS: (circle one)Chairman/PresidentNice President May r AND 414416 Afi, Ci lerk S/.zv/'A' By: INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: (04 City Attorney REVIEWED AND APPROVED: ity Manager COUNTERPART 25-16769/385478 2 , , \7(411.—/ DATE(MM/DD/YYYY) A�C0REP CERTIFICATE OF LIABILITY INSURANCE 08/07/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services,Inc. PHOONN,Est): 731-7700 FAX Hal: (714)731-7750 14252 Culver Drive,A299 E-MAIL lino@cornerstonespec)ally.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC II Irvine CA 92604 INSURER A: Travelers Property Casualty Co 25674 INSURED INSURER B: Aspen American Insurance Company 43460 WESTBERG+WHITE,INC. INSURER C: 7700 Irvine Center Dr INSURER 0: STE 100 INSURER E: Irvine CA 92618-3006 INSURER F: COVERAGES CERTIFICATE NUMBER: 25/26 COVERAGES 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 ADDL SUER POLICY EFF POLICY TOP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER (1.0.1/00M'YY) (MM/UOFVYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,DAMAGE TO R000 CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrrence) r.$ 1,000,000 X A• DDTLINSRD/P&NC MED EXP(Any one person) $ 10,000 A X B• LNKT WAIVER OF SUBRO Y Y 680-6H712316 01/27/2025 01/27/2026 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 POLICY X JE T LOC PRODUCTS-COMP/OP AGG $ 2,ODO,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A — OWNED SCHEDULED Y Y BA-3R899335 01/27/2025 01/27/2026 BODILY INJURY(Per accident) $ - AUTOS ONLY — AUTOS HIREDNON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A - EXCESS LIAR CLAIMS-MADE Y Y CUP-8176Y018 01/27/2025 01/27/2026 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 _ S WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y IN A ANYPROPRIETOR/PARTNER/EXECUTIVE Y N/A Y UB-9J774725 01/27/2025 01/27/2026 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 llyes.describe under 10 ,00000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Each Claim $3,000,000 B ProfessionalLiability AAAE100396-06 01/27/2025 01/27/2026 Annual Aggregate $3,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Huntington Beach,its elected or appointed officials,agents,officers,employees and volunteers are Additional Insured for GenW414 i only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement.Cl�r�ar�UA� AI-Policy term and conditions.'30 days notice of cancellation,except for 10 days notice for non-payment of premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. By: IV G IO4{g4 TTA M1CHAE4 J. CITY A,TTOR?' EY CITY OF iuN'fING1UN E ACH CERTIFICATE HOLDER CANCELLATION 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. P.O.Box 190 AUTHORIZED REPRESENTATIVE 2000 Main Street ,/ Huntington Beach CA 92648 `sL .4.dittx:e ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1276 • Policy Number: 680-6H712316 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO iS h. This insurance does not apply to "bodily AN INSURED: injury"or"property damage" caused by"your Any person or organization that you agree in a work" and included in the "products- "written contract requiring Insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part,but: "written contract requiring insurance" specifically requires you to provide such • a. Only with respect to liability for"bodily injury", coverage for that additional insured,and then "property damage"or"personal injury";and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following Is added to Paragraph 4.a, of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal Injury" for which such person or insurance,whether primary,excess,contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover.However, If contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss,and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs:and "professional services". g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed: exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance, under any other insurance. CG D3$1 09 15 02015 The Travelers indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of insurance Services Office,Inc.,with its permission 1277 COMMERCIAL GENERAL LIABILITY 3. The following Is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of"your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done under a"written contract requiring insurance"with caused by an offense committed: that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. White that part of the written contract is in the "written contract requiring insurance" with effect;and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs, or the"personal injury" offense is committed. • • Page 2 of 2 ©20i5 The Travelers Indemnity Company,AO rights reserved. CG D3 81 09 15 tnctudes the copyrighted material of insurance Services Office,Inc.,with Its permission 1278 , • NAMED INSURED:Westberg+White,Inc. COMMERCIAL AUTO POLICY NUMBER: BA-3R899335 POLICY PERIOD:0112712025 to 01/27/2026 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 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless rnodi-fied by the endorsement. 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 EFFECTS 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 — LIABILITY COV- 2. The following replaces Paragraph b. in ERAGE: B.5.,Other Insurance, of SECTION IV — Any person or organization who is required under a BUST-NESS AUTO CONDITIONS: 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 covered executed by you before the "bodily injury" or "autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire,rent or during the policy period, to be named as an addi- borrow;and tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance (2) Any covered "auto" hired or rented by applies and only to the extent that person or or- your "employee" under a contract in that ganization qualifies as an "insured" under the Who individual "employee's" name, with your Is An Insured provision contained in Section II. permission, while perform-ing duties related to the conduct of your business. B. EMPLOYEE HIRED AUTO However,any"auto"that is leased, hired, 1. The following is added to Paragraph A.1.,Who rented or borrowed with a driver is not a Is An Insured, of SECTION II — LI-ABILITY covered"auto". COVERAGE: C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" The following is added to Paragraph A.1.,Who Is whileoperating a covered "auto" hired or An Insured, of SECTION II—LIABILITY COV- rentedunder a contract or agreement in that "em- ERAGE: ployee's"name,with your permission,while CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Its permission, 1279 COMMERCIAL AUTO Any "employee" of yours is an "insured" while (3) If a repair or replacement results in better using a covered "auto" you don't own, hire or than like kind or quality, we will not pay for borrow in your business or your personal affairs. the amount of betterment. SUPPLEMENTARY PAYMENTS—INCREASED (4) A deductible equal to the highest Physical D. LIMITS Damage deductible applicable to any 1. The following replaces Paragraph A.2.a.(2) of owned covered"auto". SECTION II—LIABILITY COVERAGE: (5)This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any"auto" that Is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver;or tions) required because of an "accident" (b) Any"auto" that is hired, rented or bor- we cover.We do not have to furnish these rowed from your"employee". bonds. G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4) of EXPENSES—INCREASED LIMIT SECTION II—LIABILITY COVERAGE: The following replaces the first sentence in (4) All reasonable expenses incurred by the Para-graph A.4.a., Transportation Expenses, "insured" at our request, including actual of SECTION III — PHYSICAL DAMAGE loss of earnings up to$500 a day be-cause COVER-AGE: of time off from work. We will pay up to $50 per day to a maximum of E.TRAILERS—INCREASED LOAD CAPACITY $1,500 for temporary transportation expense in- The following replaces Paragraph C.1. of SEC- curred by you because of the total theft of a cov- TION 1—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads, Paragraph C.2.. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION III—PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.4., deleted. Cover-age Extensions, of SECTION III — I• WAIVER OF DEDUCTIBLE—GLASS PHYSICAL DAMAGE COVERAGE: The following is added to Paragraph D., Hired Auto Physical Damage Coverage Deducti-ble, of SECTION III — PHYSICAL If hired "autos" are covered "autos" for Liability DAMAGE COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also glass damage if the glass is repaired rather than provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage J. PERSONAL EFFECTS Coverage is extended to "autos" that you hire, The following is added to Paragraph A.4., rent or borrow subject to the following: Cover-age Extensions, of SECTION III — (1) The most we will pay for "loss" in any one PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed Personal Effects Coverage "auto"is the lesser of: (a)$50,000; We will pay up to $400 for"loss"to wearing ap- parel and other personal effects which are: (b) The actual cash value of the damaged or stolen property as of the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 102010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 includes copyrighted material of Insurance Services Office,Inc.with its permission. 1280 • 1 COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the time sions, of SECTION III — PHYSICAL DAMAGE of the"loss"; COVERAGE: (b) Financial penalties imposed under a lease for Exclusion 3.a. does not apply to "loss" to one or excessive use, abnormal wear and tear or more airbags In a covered "auto" you own that in- high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les-sor; set forth in Paragraphs A.1.b. and A.1.c.,but only: a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or lease; b. The airbags are not covered under any war- and ranty; and (e) Carry-over balances from previous loans or c.The airbags were not intentionally inflated. leases. We will pay up to a maximum of$1,000 for any one M. BLANKET WAIVER OF SUBROGATION "loss". The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of L. AUTO LOAN LEASE GAP SECTION IV—BUSINESS AUTO CONDI-TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against Others age Extensions, of SECTION III — PHYSICAL To Us DAMAGE COVERAGE: We waive any right of recovery we may have Auto Loan Lease Gap Coverage for Private against any person or organization to the ex-tent Passenger Type Vehicles required of you by a written contract exe-cuted In the event of a total "loss" to a covered "auto" of prior to any"accident"or"loss", pro-vided that the the private passenger type shown in the Schedule "accident"or"loss"arises out of the operations or Declarations for which Physical Damage Cov- contemplated by such con-tract.The waiver erage is provided, we will pay any unpaid amount applies only to the person or organization due on the lease or loan for such covered "auto" designated in such contract. less the following: (1)The amount paid under the Physical Damage Coverage Section of the policy for that"auto"; and CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 1281 POLICY NUMBER: BA-3R899335 INSURED: Westberg + White, Inc. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse. a written contract or agreement that is signed and rnent, the provisions of the Coverage Form apply executed by you before the"bodily injury"or"property unless modified by the endorsement. damage'occurs and that is in effect during Ine policy Th• e following is added to the Section II — Liability far period d sagas fo is an sulzich thired" s r ins ire Coverage,lity appli and onl but y • Coverage, Paragraph A.1. Who Is An Insured Pro- to the extent that person or organization qualifies as vision: an "insured' under the Who Is An Insured provision Any person or organiratiun that you aie required to contained in Section Il. include as additional insured on the Coverage Form in • • • • • • • • • • • • • CA T4 37 08 08 0 20DD rho Tenvo'ers Companies,Inc Page 1 of 1 • • • • • • • • • 1282 INSURED: Westberg & White, Inc. POLICY DATES: 01/27/2025- 01/27/2026 WORKERS COMPENSATION TRAVELERS AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) - 001 POLICY NUMBER: UB-9J774725 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3 °A) of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. 1283 • • • , 'i�iNG704/- CITY OF HUNTINGTON BEACH `CFcOUPJT,{�� , Lisa Lane Barnes I City Clerk August 20, 2025 Westberg White Attn: Greg Beard 14471 Chambers Road, Suite 210 Tustin, CA 92780 Dear Mr. Beard: Attached for your records is an executed copy of Amendment No. 2 to Agreement between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering & Professional Consulting Services, approved by the Huntington Beach City Council on August 19, 2025. Sincerely, Lisa Lane Barnes City Clerk LLB:ds Enclosure Office: (714) 536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WESTBERG WHITE, INC. FOR ON-CALL ARCHITECTURAL ENGINEERING & PROFESSIONAL CONSULTING SERVICES i 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 Westberg White, 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 Westberg White, 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 do , 2024. 24-14385/335630 1 WES BERG WI-IIT ' I CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Californi By. Frisco White print name ITS: (cb le one) Chaim, Presiden ice President Mayor ND60-147t, ed�� City Clerk By: INITIATE D PPROVED: print name ITS: (circle one) Secret. •financial Officer/Asst. Secretar -Treasurer Director of Public Works APPROVED A RM: U ity torney 24-14385/335630 2 ,. . , t/e.16 Acc•-at CERTIFICATE OF LIABILITY INSURANCE DATEIMMIODIYYTY) 04115/2024 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 en ADDITIONAL INSURED,the polloy(Ios)must have ADDITIONAL INSURED provisions or be ondorsod. If SUBROGATION IS WAIVED,subject to the Corms and conditions of the polloy,curtain pollcios may roquiro an endorsement. A statement on this certificate doos not confer rights to the cortifloato holder In lieu of such endorsoment(s). PRODUCER NAME10T Tina Cowie Cornerstone SpecialtyInsurance Sorvlcos,Inc. PHONE (714)731-7700 (714)731-7760 raa Nn Rx11: (NO.No): 14262 Culver Drivo,A299 E'MJUL IlnaQcornorstonospocially.com INSURERl8)AFFORDING COVERAGE NATO n Irvine' CA 02604 INSURERAI Travelers Properly Casualty Co 26674 INSURED INSURER a: Travelers Indemnity Co of Conn 26682 WESTBERG+WHITE,INC. INSURER C: Aspen American Insurance Company 43460 7700 Irvine Canter Dr INSURER D I • STE 100 INSURERS: 4 Irvine CA 92818-3000 INSURER F: COVERAGES CERTIFICATE NUMBER: 24/25 COVERAGES 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 TI IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I '" AWL SUBR Pp�1py�����pp� AMA �. Lin TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIUDrI I IMMM?)t n() LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DMM UL•IO HIM TED I CLAIMS•MAOE n OCCUR PREMISES(Ea occurrnncal 5 1 000,000 X ADDTL INSRD/P&NC MED EXP(Any one piton) g 6,000 A X BLNKT WAIVER OF SUBRO Y Y 680.6H712316 01127/2024 01/2.7/2025 PERSONALSADV INJURY $ 1,000,000 GENIAGGREGATE LINT APPLIES PER: GENERALAOORP..OATE $ 2,000,000 POLICY a ET E L0C PRODUCT$•GOMPlOPAGO $ 2,000,000 OTHER; S AUTOMORILELIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea accldonl) X /1NYAUTO BODILY INJURY(Parporeon) $ B — OWNED SCHEDULED Y Y BA•3R899335 01/27/2024 01/27/2025 DODILYINJURY(Poroccident) $ AUTOS ONLY AUTOS— BIRO NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY AUTOS ONLY War occident) $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A excessLIAB . I CLAIM8•MAOE Y Y CUP-8176Y010 01/27/2024 01/27/2025 AGGREGATE $ 6,000,000 BED I X RETENTION 8 0 S WORKERS COMPENSATION - X STATUTE OTIEN1. AND EMPLOYERS!LIABILITY YIN 1,000,000 A ANY PR0PRIETORIPARTNERIEXECUTIVE a N/A Y UB•9J774726 01/2712024 01/27/2026 E.L.EACHACCIDENT $ OF ndOtol 1EMHER EXCLUDED? 1,ODD,000 H) ILL.DISEASE•EAEMPLOYEE S Ilyos.doecibo undo? 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ Each Claim $3,000,000 C Profossionoi Liability Claims Made AAAE100390.06 01127/2024 01/27/2025 Annual Aggregate $3,000,000 DESCRIPTION OF oFE:HATIONS/LOCATIONS I VEHICLES(ACORD 101,Addlllonat Romorke schedule•may be alieahed II more woo I.rosutredl Tho City of Huntington Beach,Its elected or appointed officials,agents,officers,omptoyo0s and volunteers are Additional Insured for General Liability but only If required by written contract with the Named Insured prior to en occurrence and as par allechod endorsement,Covoreglis.sgbippt 1p i e cy t r and conditions,'30 days notice of cancellation,comp!for 10 days notice for non-payment of premium.For Prof ip118R1 i &7e lle,l O egg ag limit Is the lolel Insurance available for ell covered claims reported within tho pollcy period. MICHAEL E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY O HUN71NvTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL DE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. P.O.BOX 190 AUTHORIZED REPRESENTATIVE 2000Mein Slrool Hunt `: l I•lunllnptcn Beach CA 92840 I @ 1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25(2010103) The ACORD name and Togo aro roglstorod marks of ACORD A"WAZe-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 Vii"Werawhlttt 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 2021122 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 Services," in an amount not to exceed $1,000,000. and, c 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 CIIy of Hunt"ton Beech Page 1 of 3 Pn H V ntW on 72021 ^' n/r^ & -,(� File #: 21493 MEETING DATE: 7/20/2021 Between the City of Huntington Beach and RDC-S111, Inc. dbe Studio One Eleven for On-Call Architectural Engineering and Professional Consulting Services," in an amount not to exceed $1,000,000; and. & x:)tpAr7,(Z, {'(� 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 Actionisl: 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, 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 Chy'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 project can very between ton 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 authori7Ation in the budget approval process. Environmental Status: City of Hupdroon Beach P"7 of 3 PrnuM oOnp.7/14=1 ppaall�a lapbr`" 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 7/14/2021 powerelwr Legistarm PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND \VESTBERG WHITE. INC. FOR ON-CALL ARCHITECTURAL I"NGINEERINGi R PROFESSIONAL CONSULTING SERVICES THIS AGREE\9EN"1' ("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 Westberg White. Inc.. 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 1-tuntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with: and CONSULTANT has been selected to perform these services, NOW. THEREFORE. it is agreed by CITY and CONSULTANT as follows: 1. SCOPE. OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Greg Beard 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 pert ormance of this Agreement- 2 1-9934/26 1615 1 01, 11 3. TERM: TIME OF PERFORMANCE Time is of the essence /of this Agreement. The services of CONSULTANT are to commence on 20 W (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." 21A934/261615 2 of 1 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. 1-101-D HARIMLESS 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 anv 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 anN kind or nature) arising out of or in connection with CONSULTANT'S (or CONS ULTANT'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 bN 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 CONS U LTA NT'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 CONSULI'ANI' 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: 21-9934/261615 3 ofll "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. Flowever, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business. CONSULTANT shall meet and confer with CITY and other defendants regarding Unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of' whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and 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 a limitation upon the amount of indemnification to he 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 CONSULTAN"Fs 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 2 1-9934/26 16 15 4 of I police "deductible" of "fen "Thousand Dollars (510,000.00) 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 Live rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage lollowing 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 tails 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 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. CERTIFICATL Ol" INSURANCE Prior to commencing pertormance 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 oteach carrier and policy; 13. state that the policy is currently in force: and 21-9934/261615 5 of' II 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 CONSULTAN"r's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of' the policy of- insurance. CONSULTANT shall pay, in a prompt and timely manner. the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes. social security. state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers. agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGRI3EMENT All work required hereunder shall be perforated 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 21-9934/261615 6 of l l event of termination. all finished and Unfinished documents, exhibits, report, and evidence shall. at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENI- 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. COPYRIGI-i'I'S/PA-I'EN'I-S CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT- shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Anv 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 overniglit carrier or U. S. certified mail-return receipt requested: 21-9934/261615 7 of 11 TO CITY: TO CONSULTANT: City of I-luntington Beach Westberg K White. Inc. AT IN: Chris Tanio AT"IN: Greg Beard 2000 Main Street 14471 Chambers Road. Suite 210 Huntington Beach, CA 92648 Tustin. CA 92780 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The lanQUaLC of all parts of this Agreement shall in all cases be construed as a whole. according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable. void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 21-9934/261615 8 of I 1 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of' any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of' this Agreement and one or more copies hereto have been prepared and signed in Counterparts as duplicate originals, each of which so executed shall, irrespective of'the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. 1NIIQIG RAT ION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of' any subcontractor work involving legal services and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309. the City Attorney is the exclusive legal counsel Ior CITY: and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-9934/26161i 9 of' 1 1 24. ATTORNEVS PEGS 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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonpreyailing party. 25. SURVIVAL. Terms and conditions of this Agreement. which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW ']'his Agreement shall be governed and construed in accordance with the laws of the State ot'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 indenmit' 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 opportunit}' 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 21-9934/261615 10 of II 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 WES , INC. municipal corporation of the State of California By. Frisco ftfi, AIA President Ao"e) idcnL1Nicc Mayor ITS: (circke President City Clerk By:_ INITIATED AND APPROVED: Pa . W A, Secretary print n ITS: (ebcle one) Secret /Chief Financial OfGcer'Asst. Director of Public Works Secretary.Treaaurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ti.,City Attorney COUNTERPART 21."34n61615 11 of l 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. CONSULTANT, CITY OF HUNTINGTON BEACH, a WESTBERG & WHITE, INC. municipal corporation of the State of California By. print name AZI, ITS: (circle one)Chainnan/President/Vice Presidmi AND City Clerk / By: INITIAT AND ROV print name ITS: (circle one)Secretary/Chief Financial officer/Asst. hector o u lit Works secretary-Treaw mr VIE D AN A!P IP VF.D: City Manager APPROVED AS TO FORM: - .,City Attorney . COUNTERPART 21-9934r261615 I of 11 ]EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSUL f.ANf 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. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of f-luntington 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. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) "Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been Surfnet Exhibit a 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. Surrnet Exhibit B hourly 2 ME architecture Westbergwhite HOURLY FEE SCHEDULE 2021 Partner/ Principal .................................................................$230 Project Manager...................................................................$190 Senior Project Architect........................................................$180 Senior Designer...........................................................I....... $140 Project Architect............................................................. .......$140 Senior Job Captain..................................................:...... .... . $125 Construction Administrator I................................................ $125 JobCaptain......................................................................... $110 ITDepartment............................................................I........ $110 Staff Designer/Planner ........................................................ $100 Specification Writer.................................................................$90 Senior Draftsperson................................................................$90 Construction Administrator II ..................................................$80 Intermediate Draftsperson ......................................................$75 Junior Draftsperson ................................................................$70 Administrative Support ...........................................................$70 Services provided by engineering and special consultants assigned to the project, and other reimbursable expenses shall be charged at one and one-tenth (1.10) times the amount billed to Westberg + White, Inc. These are the current rates effective January 1, 2021 through December 31, 2021. Hourly fee rates are subject to change annually. Tustin I San Diego I Riverside 14471 Chambers Road,Suite 210 Tustin,CA 92760.6964 T 714.508.1780 F 714.508,1790 ...arc .wnn PROFESSIONAL SERVICES CONTRACT BETWEEN TIME CITY OF HUNfINGTON BEACH AND FOR Table of Contents 1 Scope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 3 "fernn: Time of Pertormance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment................................................................................................... 7 Disposition ol'plans. Estimates and Other Documents ...........................................3 8 Hold Harmless .......................................................................................................... 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance...........................................................................................15 11 Independent Contractorr............................................................................................6 12 Termination of Agreement...........................................................................I...........6 13 Assignnnent and Delegation..................................................... ................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices............................. ........ ....... ............................................7 . 17 Consent ....................................................................................................................8 18 \4odification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 AttorneVs Fees............................_............................................................................10 25 Survival .....................................................................................................................10 26 Governing Law ......................................................................_.................................10 27 Sianatorics.................................................................................................................10 28 Entirctv......................................................................................................................10 29 Effective Date........................................................................_....... I I _ REJ aCoKaa CERTIFICATE OF LIABILITY INSURANCE oATr:IM1unmum Y O7/0B1P02.1 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 pollcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsomont(s). PRODUCER CONTACT TIM(:OWIc Cornerstone Specialty Insurance Services,Inc No Etl: (714)731-7/00 AIC (714)731-7750No:§AIL _ 14252 Culver DI A290 S. lnan come;stmespeelalry.com INSURERS AFFORDWO COVERAGE NAICY Irvine CA 92604 INSURER A: Travelers Indemnity Co of Cann 25682 INSURED INSURER D: Travelers Property Casually Co 25074 WESTBERG+WHITE,INC. INSURER C. Aspen American Insurance Company 14471 Chambers Road INSURED 0; Ste 210 INSURER E: Tustin CA 92780 INSURER F: COVERAGES CERTIFICATE NUMBER: 21/22 COVERAGES REVISION NUMBER: T3{1S 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 REOUIREAIENT,TERM OR CONDITION OF ANY CONTRACT OR O I HER UOCUMEN T WITH RESPECT ID WHICH 7 HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE()HEREIN IS SU(UECT TO ALL THE TERMS. EXCLUS IONS AND CONDITIONS OF SUCH POLICIES.LIMBS St IMIN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS, TTR L TYPE OF INSURANCE TR IN SO VfA POLICY NUMOEfl N9IOWrYYY I MNIOOn'YYY LIMITS X COMLIERCIALOENERALLIABIUIY EACH OCCUMFNCF s 1.000.000 CIAIM MATE �OCCUR FN (Fs occa once s 4000,000 x AODTI.INSRO/PRIMARY LIEU EAP(An ww Wwn)_ 3 5,000 A X1 HI.NKTWAIVER OF SUHRO Y Y 6606H712316 0112712021 0V272022 PERSONAL A AOV INJURY $ 1,000,000 CENL AGOREOATE U-4I I APPLIES PER: GEVERALABOREGATE 3 2,000.000 OCT f LOC PRODUCTS- IF 1'O'JCV 5C j 2000,000 OIHEH: S AUTOMOSILELJAUILIIY CWRNN'EDSINOLE UMIT $ 7000000 x ANYAUTO BOUILY INJURY(Par W..) s A OF`NEn SCHEDULED Y Y BA-3R899335 01/27/2024 (MOW2.022 IggLY INJURY(Ref Wdd@Ro s _ AUTOSONLY AHIRED NIJIC AUTOS ONLY AUTOS ONLY fr.,esclde'tT E IVED S S x UMBRELIALIAU X UCCUF EACH OCCURR FNCE 5 6.000,000 B EXCESS LIgR CLAI1,16-VADTi Y Y CUP-8176YO18 01127/2021 011272022 AGGREGATE $ 5,000,000 DEO RETENTION$ 0 S VJORNEflS COMPENSATION X P9i Or "O EMPLOYERSNSATIOY TAT TF FR vIN 1,000.000 B AN/PROPRIETORPARHORIF)(OCUTR'E r l NIA Y UB-9J774725 0127I2021 01/27/2022 EL EACt1 ACGUENi IF OFFICETIR.IFMaER EXCLUDE 07 1 I 1,000,000 (Mendtlory In Nil) F.J..OISFASE-FA EMPLOYER 5 If ym,describe under 1,000,000 OESG31Y1 ION OF OPERANDNSb . FL DISEA5E-POI ICY II YET $ Each Claim $3,000,000 PmlessloMlLia blliry;;, C �ClnlmiMadet � AME700398-02 01 D.-/12021 01/272022 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIDNS 1 LOCAUCNS I VEHICLES(ACORD 101,F Jdillontl RemsrXs Schedule,mey W WunheJ II more space Is mR II,,R l The City of Huntington Beach,its elected or appointed officials,agents,officers,employees and volunteers are Additional Insured for General Llabilit'7 but only If required by written Contract with the Named Insured prior to an occurrence and as per attached endorsement.Coverage Is subject to all policy terms and conditions.'30 days notice of Cancellation,accept for 10 days notice for non-payment of premium.For Professdnal Llab:WftZR0V�iQllAJ6k§QRM timtl Is the total Insurance,avallabto for all covered claims reported WIND the policy period. BY: y �..,----_� MICHAEL E. GATES 1 ?CM ATTORNEY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Reach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHOFV FD RFPRESFJ:TA1IVE Huntington Beach CA 92648 m 1988.2015 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 Weiohted 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 II. DUE DILIGENCE REVIEW Johnson Favaro—Summary of Review Excellent experience including community centers Johnson Favaro—Pricing • Low end from $85/hr • 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 Ill. 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 5105/hr • High end to S255/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 S901hr • High end to S2501hr 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 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 II. DUE DILIGENCE REVIEW Westberg White—Summary of Review • Good previous experience with Cit Westberg White—Pricing • Low end from S70/hr — _ ---- • High end to $230/hr for Principal 232 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City'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 t00 It. 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 S240/hr for Senior Principal 233 ' City of Huntington Beach 2000 Main Street ♦ Huntington Leach, CA 92648 (714) 536-5227 ♦ w1N,�v.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk August 2, 2021 Westberg White, Inc. Attn: Greg Beard 14471 Chambers Road, Suite 210 Tustin, CA 92780 Dear Mr. Beard: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering & Professional Consulting Services" approved by the Huntington Beach City Council on July 20, 2021. Sincerely, ems- q4 fan,ClJ Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand