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HomeMy WebLinkAboutLPA, Inc. - 2021-12-01 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LPA. INC. FOR PROGRAMMING STUDY AND CONCEPT BLOCKING PLAN THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California. hereinafter referred to as "CITY," and LPA. Inc. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to conduct programming Study and concept blocking plan for a mix-used multi-purpose housing development for a site located at 17624 Beach Boulevard; and Pursuant to documentation on file in the office of' the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of'professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I . SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Matt Winter, AIA—Director of Mixed Use who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 21-10709/272279 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 20-2-1 (the "Commencement Date"). This Agreement shall automatically terminate by June 30, 2023. unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty Thousand Dollars (530,000.00). 5. EXTRA WORT: 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. 21-10709/272279 2 of 12 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. I-IOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANI's (or CONSULTANI's subcontractors, if any) negligent(or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indenmity 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. 21-10709/272279 3 of12 B. To the extent that CONSULTANT performs "Design Professional Services' within the meaning of Civil Code Section 2782.8. then the following Bold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers. elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of'. pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or E applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT-. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and fumish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for 21-10709/272279 4 of 12 CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY: however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid ['or 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. 21-10709/272279 5 of 12 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; 13. state that the policy is currently in force, and C. shall promise that such policy shall not be suspended. voided or canceled by either party, reduced in coverage or in limits except after thirty(30)days' prior written notice; however, ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANI'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 21-10709/272279 6 of 12 payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents. exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsullants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on my 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 21-10709/272279 7 of 12 financial interest in this Agreement in violation of' the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach LPA, Inc. ATTN: Travis Hopkins, ATTN: Jon Mills, AIX Assistant City Manager Chief Operating Officer 2000 Main Street 5301 Califomia Avenue, Suite 100 Huntington Beach, CA 92648 Irvine, CA 92617 Email: -I'l-lopkins@stirtcitNr-hb.org surfciq--hb.org Email: jmils a Ipadesignstudios.com 17. CONSENT When CITY's consent/approval is required under this Agreement, its consem/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. 21-10709/272279 8 of12 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 OI' "rulS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby afflected 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 21-10709/272279 9 of 12 the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach Ci(v Charier Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. A'170RNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 21-10709/272279 10 of12 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult xvith legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party s behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement. warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits. contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 21-10709/272279 11 of 12 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 municipal corporation of the State of LPA, Inc. C ' omia COMPANY NAME By: clHjmanal eff Director/Chief Jon Mills, AIA, Chief Operating Officer (P rrsnanr To C§3.03.100) APPROVED AS TO FORM: print name ITS: (circle one)Chairman/PresidentNicc President AND City Attorney 110 By: to James A. Kelly, AIA, Secretary i RECEIVE AND FILE: print name �� ITS: (circle one)Secretary/Chief Financial Officer/Asst. S 4 \" }//�" �ri�,ZKWtG�V Secretary—Treasurer City Clerk Date COUNTERPART 21-107091272279 12 of 12 DocuSipn Erw "to:2979EB62-EFEC•44EC-90SCB/3FlAE78C72 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT oa a oa CITY OF IIUNTINGTON BEACH Nt�k a municipal corporation of the State of LPAs, AIA, rnia COMPA AME r � By; Fuji QI1R Director/Chief Jonlief Operating Officer (P rrnmul To §3.03.100) riot nant APPROVED AS TO FORM: ITS: (elralr ChaimmuTresidenWicePresMM AND / City Attorney MR By: Z � —4 Date James A. Kelly,AIA,Secretary RECEIVE AND FILE: print omit ITS: (elrcle wm)Secretary/Chier Pinanciat Officer/Asst. Secretary—Treasurer City Clerk Date COUNTERPART 21-10709/272279 12 of 12 EXHIBIT "A" A. STATEMENT OP WORK: (Narrative of work to be perl'ormed) The proposed study is for a site located at 17624 Beach Boulevard. Overall lot size is a 1.58-acre property within the Beach and Edinger Corridor Specific Plan. Current Use of site is for transitional and navigational center uses. Current Site has modular structures to support those uses. The scope of this proposal is for a programming study and concept blocking plan for a mixed-use multi-purpose housing development. The project is intended to have transitional, supportive. and aftordable housing uses. The study will review what ancillary program elements can be multi-functional and contain overlap as well as which ones need separation. Project is also meant to contain a wellness center with associated spaces. Deliverables will include three- dimensional concept blocking and yield study to express the development potential of the site. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See attached Scope of Work and Pee Proposal. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A Payment Schedule (Fixed Pee Paymcnt) A. I lourly Rate CONSULTANT'S fees for such services shall be based upon the following hourhV rate and cost schedule: Billed monthly; based upon a percentage completion ofthe work. Fees do not include excluded consultant or LPA coordination fees. Permitting and CA fees are estimated hourly and will be billed on the basic hourly rate schedule provided below. Changes to the project type, contplcxity, and scope or delivery method will require it renegotiation of the fees noted below: Architecture discipline by phases: Programming (2 weeks) $I5,000 Concept Blocking (2 weeks) $15.000 Total: 530.000 Basic hourly rates include: Principal 5265.00 Designer III S125.00 Discipline DirectorS230.00 Dcsillncr II $110.00 Project Director $220.00 Designer 15100.00 ['reject Leader$185.00 Intern $75.00 Design Coordinator II $160.00 Senior Specialist $125.00 Manager $155.00 Specialist III $105.00 Design Coordinator I S 135.00 Specialist II $95.00 Specialist I $83.00 B. Travel Charges for time durin-, travel are not reimbursable. C. Billing I . All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Bach month's bill should include a total iodate. 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 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LPA. INC. FOR PROGRAMMING STUDY AND CONCEPT BLOCKING PLAN Tabie of Contents lScope of"Services................................................................................................................ I 2 City Staff Assistance........................................................................................................... 2 3 I cnn; Time of Perforniance.......................................................... 2 4 Compensation...................................................................................................................... 2 5 Extra Work..........................................................................................................................2 6 Method of Payment.............................................................................................................3 7 Disposition of Plans, Estimates and Other Documents.......................... 3 8 Hold Harmless.....................................................................................................................3 9 Professional Liabilitv Insurance ..............................................................................4 10 Certificate of Insurance....................................................................................................... 5 11 Independent Contractor........................................................................._............................ 6 12 Termination of Agreement.................................................................................................. 6 13 Assignment and Dclegation..................._............................................................................. 6 14 Copyrights/Patents .............................................................................................................. 7 15 City Employees and Officials.............................................................................................. 7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................ 8 18 Modification........................................................................................................................ 8 19 Section Headings................................................................................................................. 8 20 Interpretation of this Agreement ...................................................................I.......I............. 8 21 Duplicate Original......................................................................................_.......................9 22 Immigration..........................................................................................................................9 23 Legal Services Subcontracting Prohibited ........................................................................... 9 24 Attornev's Fees..................................................................................................................... 10 25 Survival ................................................................................................................................ 10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................ 10 28 Entiretv................................................................................................................................. 10 29 Effective Date................................................................................. I I E/SCOPE OF WORK BEACH BOULEVARD-CITY OF HUNT ING TON BEACH PROJECT DESCRIPTION .01 Initial consultation in development of the The proposed study is for a site located at 17624 Beach Project. Boulevard. Overall lot size is a 1.58-acre properly within the .02 Preparation of compensation estimates and Beach and Edinger Corridor Specific Plan. Current Use of site professional services agreement(s). is for transitional and navigational center uses. Current Site .03 Project-related research. has modular structures to support those uses.The scope of .04 Meetings. this proposal is for a programming study and concept .06 Communications. blocking plan for a mixed-use multi-purpose housing .06 Travel time. development. The project is intended to have transitional. .07 Direction of the work of in-house personnel. Supportive,and affordable housing uses. The study will review ,08 Disciplines Coordination/Document Checking what ancillary program elements can be multi-functional and services consisting of: contain overlap as well as which ones need separation. Coordination of LPA's work with the work Project is also meant to contain a wellness center with of engineering and other involved associated spaces. Deliverables will include three-dimensional disciplines for the Project. concept blocking and yield study to express the development Review and checking of documents potential of the site. prepared by LPA for the Project. .09 Agency Consulting / Review / Approval Disciplines services including: LPA owe., Agency consultations. Geotechnical Study X Dry Utilities I Research of critical applicable regulations. X � Preparation of written and graphic X Civil Engineering explanatory materials. I Civil Survey I X I Appearances on Client's behalf at agency Architectural Design X meetings. Structural Engineering I X .10 Client supplied data coordination services Mechanical Engineering (BOD only) X including: Plumbing Engineering (BOD only X Review and coordination of complete as- Fire Protection Design X built drawings, AutoCAD backgrounds Electrical Engineering_(BOD only) and data furnished for the project as a Landscape Architecture responsibility of Client. I Low Voltage Data X Meeting minutes and distribution to all I FF&E Procurement X parties prior to construction that LPA Signage and Graphics Design I X attends. General Contractor will be Lighting Design X responsible for meeting minutes during Cost Estimation X construction. LPA will review and respond Waterproofing Consultant X to General Contractor's meeting minutes. I Acoustical Consultant X I Audio/Visual X 0.02 The following disciplines will utilize LPA in-house Kitchen Consulting X licensed professionals: j Building Commissioning X 01 Architecture .02 Landscape Basic Services Included E.tlutlotl 1-PROGRAMMING STUDY/CONCEPT BLOCKING Programming Study/Concept Blocking_I X I I I Schematic Design X 1,01 LPA will conduct a site review with the Client to I Construction Documents X confirm and finalize the project program aril collect I Participation in Contractor Bidding IX.1and analyze any existing drawing documentation I Permitting X related to the project. I Construction Administration ( X 1,02 Architecture - LPA will visit the existing site to confirm all relative existing conditions with the proposed e-GENERAL conceptual design. During the project.certain activities occur in each phase.These 1.08 A preliminary municipal code review will be activities,described below.are non-sequential and may not be conducted during this phase to confirm the applicable to all phases of the project. These activities include: conceptual design solution will adhere to basic coderequirements. 0,01 Project administration services including: E/SCOPE OF WORK BEACH BOULEVARD-CITY OF HUNTINGTON BEACH 1.09 The package will be formatted as such to be able to best describe the design intent to city officials at a M. Geotechnical investigation preliminary stage. LPA will be made available to attend such a meeting with the client and city officials N. Irrigation Consultant (design-build scope) to best help describe the project, t.t t LPA to coordinate with Client in their preparation of an O. Kitchen Consultant(design-build scope) estimate of the cost of the work. Address and answer requests for information from Client. P. Permit processing fees and Plan Check fees required for the project are excluded from the estimate 1.t 2 LPA will evaluate any entitlement restrictions with and of reimbursable costs and would be paid for by Client recorded documents referenced in the Title Report or the General Contractor. and CCBR documents received from the Client. O. Review of contractor pay applications 1.13 Four (4)Client meetings are included in this scope of work. R. Utility Consultant 1.14 Any additional major design revisions or alternate design options dictated by the Client after the approved schematic design phase may be subject to additional fees.This includes design options for value engineering purposes or a change in design direction due to unforeseen site conditions. Phase duration: it is anticipated that this phase of work will not exceed t (1) month, (2 weeks for programming. 2 weeks for concept blocking). This deliverable is anticipated to be submitted to the City of Huntington Beach for any required entitlements. EXCLUSIONS The following services are not included within LPA's scope of work. A. Cost estimating B. Hydrology studies C. Fire alarm and sprinkler plans (design-build scope) D. Grading or Public Improvement Plans E. AV and security systems design(design-build scope) F. Building commissioning G. Asbestos abatement processing H. Traffic control plans and fees I. Signage fabrication drawings J. Acoustics K. Furniture specifications and/or furniture bidding services. L. Topo/boundary survey E/SCOPE OF WORK BEACH BOULEVARD-CITY OF HUNTINGTON BEACH COMPENSATION The following Phased Fixed Fees for the Scope of Services will be billed monthly. based upon a percentage completion of the work. Fees do not include excluded consultant or LPA coordination fees. Permitting and CA fees are estimated hourly and will be billed on the basic hourly rate schedule provided below. Changes to the project type, complexity. and scope or Signature delivery method will require a renegotiation of the fees noted Date: below: Architecture discipline by phases: Pending the execution of a formal agreement for the Programming (2 weeks) S15.000 services described herein, the above signature constitutes Concept Blocking f2 weeks l 15.000 the Client's authorization for LPA to commence and Total: S30.000 complete the Design Development services described herein. Until and unless otherwise modified by the above referenced formal agreement. Client shall pay LPA for such services as set forth herein. REIMBURSABLES Project Expenses for the following are estimated to be a maximum of S5.000 and are not included in the fee. Project expenses shall be reimbursed to the Architect at 1.10 times the invoice amount. .01 Mileage/Travel .02 Reproduction .03 CADD Plotting .04 Material/Finish Boards .05 Permit Coordination BASIC HOURLY RATE SCHEDULE Principal $265.00 Discipline Director $230.00 Project Director $220.00 Project Leader $185.00 Design Coordinator II $160.00 Manager $155.00 Design Coordinator 1 $135.00 Designer 111 $125.00 Designer 11 S110.00 Designer I 6100.00 Intern S75.00 Senior Specialist $125.00 Specialist 111 $105.00 Specialist II S95.00 Specialist 1 $85.00 Nate: These rates become effective January 1. 2020 and are subject to change annually. AC ROr CERTIFICATE OF LIABILITY INSURANCE 1 111 612021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such anc!Wsement(s). PRODUCER NAME: Assured Partners Design Professionals Insurance Services. LLC PHONE - 714427-0815 3697 Mt. Diablo Blvd Suite 230 Lafayette CA CA 94549 nluw�DgsignProcens®AssuredPariners.com N$URER(S)AFFpIgNOCOVERAGE MAICS Llcam,es 6003746 INSUREFLA:XL Specialty Insurance Co. 378U INSURED WNW INsueERs:American Casualty Company of Reading, 20427 LPA, Inc 5301 California Avenue, Suite 100 INSURaRC:Valtey Forge Insurance Compaq 20WO Irvine CA 92617 INSURER D:CGnlmenlal Casualty Company __ 20443 INSURELEE: INSURER F: COVERAGES CERTIFICATE NUMBER:1219016397 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. INM TYPE OF aFStIMNtE_ -- SUN POLICY NDNaER POl2CY ER POLMYEIIP sraeli I LMn{ C X wMMSRDULOEMERALLWAITY Y Y 6060627323 4/3012021 413& = EACHOCCURRFNCF wind 61 CLAW a-MADE Q OCCUR 3 BIi�TFff 1 000 j MED EXP(Any oila 1 000 —_ PERSONAL A*DV NARY {1000 a{s G MGREGATELUTAPEPIIESPER GENERAL AGGREGATE { OOo FOUCY[A79 LJU PROOJC,S-COMPCPAOp {2,000r000_ OTHER 6 D AUIOEWORALIROUTT y Y 6060627337 4/30/2021 4/300022 M "' l l {1,000,I100 9E 9p 1 ANY AUTO aW1L y M/uMr(P.I, wo { AUTOSOKY AUNM eoosr InJwr(Par rd`10 { X II o X NOFSGssiso APPROVED TO FORM PMOPE RTY DAMAGE { AUTOS ONLY ALIF000NL), 11JMLy^-t.. f IMrRnLA LTAs OCCUR AEL FAGNOCGIAaEMfJ { _ [XC[N LW CIAYSMADF CITYATIORNEY AGGREGATE { No Dust" CITY OF H(INT7 GT(TN RF i PER a ANOOaROEW'WONIrY y 60a061 l4 J3 4AUGM21 V00I20=2 X {TATUTE_ YIN ANronanFETORIMTNERtuCUTIVE EL EACH ACCKENi {1,000.011111 Of FNZRRIE1�61ERCLlIOEDY O NIA (RftEa aj Is I" EL.DISEASE-EAEMPL $1000000 DCSCRIPi Of OPFHATNN19 E L DISEASE-P0.1CY LIMIT i 1 000000 A PndaW DPR{976a16 4/30/2021 4/J1M022 61,000000Wd— LNeee S,000000 an+ppr arm,Mase DESCRIPTpN Of°PEMTMNS 1 LMAPONS I VEHICLES (AC°RD 101,AlaNlenM Wmul,HA,NM.inay Ye MMCAeE N mwe Epca Y rpuMe) Re 30634(LPA),Beach Boulevard Programming Sludy. The City of Huntington Beach are Additional Insured es respects to General 6 Auto Liability as required per written contract or agreement General Liability is Pnmary1Non-Conlnbulory per poIi form wording Auto Liability is Primary per pohcy Corm wording Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Day Notice of 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. Attn: Travis Hopkins 2000 Main Street AU NORMEDREPRESENTATNE P O Box 190 Huntington Beach CA 92648 J71- m 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD