Loading...
HomeMy WebLinkAboutPBS Engineers, Inc. - 2024-02-01 (2) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PBS ENGINEERS, INC. FOR "ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"and PBS ENGINEERS, INC. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide mechanical and electrical engineering services for the HBPD Sims Training Center; and Pursuant to documentation on file in,the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates James Breck who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. • 24-14118/331292 1 of 12 3. TERM;TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Fwjhf4 . / , 20.2g (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) 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 Nine Thousand Five Hundred Dollars ($9,500.00). 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." 24-14118/331292 2 of 12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion,whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials,employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT,its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8,then the following Hold Harmless provision applies in place of subsection A above: 24-14118/331292 3 of 12 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify,including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance 24-14118/331292 4 of 12 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 for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: A. provide the name and policy number of each carrier and policy; 24-14118/331292 5 of 12 B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense,hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by 24-14118/331292 6 of 12 CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall,at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must,satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT'S agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. 24-14118/331292 7 of 12 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 PBS Engineers,Inc. ATTN: Capt. Oscar Garcia ATTN: James Breck 2000 Main Street ' 2100 E. Rte 66 Huntington Beach, CA 92648 Glendora, CA 91740 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be 24-14118/331292 8 of 12 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 affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for•full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to 24-14118/331292 9 of 12 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement,shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and 24-14118/331292 10 of 12 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 24-14118/331292 11 of 12 CONSULTANT, CITY OF HUNTINGTON BEACH, PBS ENGINEERS, INC. a municipal corp. . to of the State of California By: ,4....44 -6 Director/Chief Kunal G. Shah, P.E. (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/residentA ice President APPROVED AS TO FORM: AND (__ 0+1 By: MO 12—`‘ City Attorne l Mona G. Shah Date print name ITS: (circle one)Secretary/thief Financial Officer)Asst. RECEIVE ND FILE: � Secretary—TreasurerM4141; €. 17-1—J� 4 ' City Clerk Date 3/7124/ 24-14118/331292 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A EXHIBIT A 4 .,.`. a: „ ENGINEERS MECHANICAL ELECTRICAL PLUMBING I CONSULTING ENGINEERS September 21,2023 Oscar Garcia,Captain(No.2113) Oearcia@HBPD.org Patrol Division 714.5$6.5412 Huntington Beach Police Department 2000 Main Street Huntington Beach,California 92648 Project: HBPD Sims Training Center 18381 Gothard Street Huntington Beach,California 92648 PBS No: 2223-592 PBS (2224-001-001 Reference: FEE PROPOSAL Mechanical and Electrical Engineering Services Dear Captain Garcia, Thank you for the opportunity to provide this fee proposal for the HBPD Sims Training Center project. This fee proposal is based on the Request for Proposal (RFP) for Mechanical and Electrical Engineering Services received via e-mail on September 18,2023. BASIS OF PROPOSAL PBS Engineers,Inc.(PBS)will provide customary basic Mechanical and Electrical(ME) Engineering Services as outlined in Article No.4 of A1A Document No.C401(2017 edition). Any services not customarily furnished in accordance with generally accepted engineering practice will be considered additional services. Project Description Provide Mechanical and Electrical Engineering Services for the addition of a simulation training center,K9 Storage Building,and K9 Office Building. ENGINEERING SCOPE OF SERVICES/APPROACH PBS will provide Basic Programming through the Construction Document-Phase and Construction Administration far Mechanical and Electrical(ME)Engineering Services per the RFP contract requirements and as follows: SYSTEM PLANNING 1. The Engineer will review guidelines and standards to understand the Mechanical and Electrical (ME)Systems, attend meetings, prepare analyses, review concept drawings and other documents, be available for general consultation,and make recommendations regarding basic systems for this part of the project. The Engineer will consult with public agencies and other organizations concerning their requirements pertaining to this part of the project. DESIGN SERVICES 1. The Engineer will assist in reviewing the programming/concept design and prepare final working drawings in AutoCAD,Title 24 Calculations based on the latest energy code compliance method,and sheet specifications for the system hereinafter described and in accordance with the project schedule to be established. 2. PBS will develop ME design drawings associated with the project's scope of work described in the RFP. 3. The Architect/Client will provide electronic AutoCAD drawing files to PBS for use as backgrounds to set up ME drawings. 4. The Engineer will submit to the Owner an electronic media copy of the final working drawing AutoCAD files with that submission. 5. The Engineer will assist in reviewing all programming options and the associated cost estimates generated. 6. The project Is not intended to be designed for LEED Certification;however,energy-efficient design practices will be offered to ensure optimal design and operation. Glendora I Houston I Los Angeles I Orange County I San Diego 3187 Airway Avenue,Building"C;'Costa Mesa,CA 92626 I T 949.368.3001 F 626.650.0352 www.pbse ngi neers.com /F FEE PROPOSAL—September 21,2023 Cr ?? HBPD Sims Training Center Huntington Beach,CA �� ,"• Page 2 DESIGN SERVICES(Continued) 7. PBS shall attend a maximum of two(2)virtual meetings for design coordination,including design kickoff and team collaboration.However,PBS believes in supporting the Client and project through completion. PBS will provide additional meetings as reasonable to help support the design process per the hourly rates outlined In the Schedule of Charges below. 8. The services described in this Agreement will cover the following systems: a. Mechanical Engineeriny,Scope 1) Design a general exhaust system to provide adequate air changes through the space to remove smoke during training exercises. b. Electrical Engineering Scope 1) Provide power connections to Mechanical HVAC equipment. 2) Interior power branch circuit distribution, 3) Provide power for the general new outlet and receptacles and receptacles for any specific equipment as indicated by the owner. 4) Provide indoor and outdoor lighting associated with the project's scope of work described in the RFP. 5) Egress and exit lighting branch circuit design. 6) Egress lighting photometric calculations. 7) Provide site lighting photometric calculations. 8) Provide Title-24 compliance for the new lighting design in compliance with the latest California Energy Code(GEC). 9) Provide lighting controls schematic for the latest Title-24 compliance. 10) Provide a single line diagram, panel schedule(s), and power distribution system design for electrical infrastructure to be utilized as part of this design. Note: it is assumed that the existing electrical service to the space is adequate to accommodate the proposed space revisions,and no service upgrade is included in the scope. An additional service fee will be required if an electrical service upgrade is required. CONSTRUCTION DOCUMENTS 1. The Engineer will prepare drawings and sheet specifications intended for use in constructing this part of the project. 2. The Engineer's Construction Documents will be in such format as required by the Architect,Owner,and Authorities Having Jurisdiction(AHJ)over the course of the project. 3. The Engineer's documents will include full designs of the ME Systems as outlined in the RFP, including incorporating all comments from the Owner/Owner's Representative and Project Architect. DELIVERABLES 1. Complete final sizing and location of equipment for the ME Systems. 2. Update the sheet specifications to Indicate the quality and types of devices and equipment to be used for the ME Systems. 3. Prepare filing forms and drawings for the Authority Having Jurisdiction(AHJ)submittal. PERMITS 1. The Engineer will assist the Owner/Contractor with filing documents as required by the AHJ for the duration of the project and assist In obtaining approvals. PBS ENGINEERS, INC. „4'” k-,, FEE PROPOSAL—September 21,2023 °; HBPD Sims Training Center Huntington Beach,CA O,„s Page 3 CONSTRUCTION ADMINISTRATION 1. The Engineer will assist the Owner/Client with Construction Administration for this phase of the project. 2. The Construction Phase will commence with the award of the first building contract for construction. it will terminate upon the first occurrence of either(a)issuance of a final certificate of payment to the contractor or(b) sixty(60)days after the substantial completion of the project. MEETINGS AND SITE ViSITS 1. PBS will attend a maximum of one(1)virtual construction meeting and one (1)site meeting for the final punch walk upon substantial completion of construction. However, PBS believes in supporting the Client and project through completion. PBS will provide additional visits as reasonable to help support the construction process per the hourly rates outlined in the Schedule of Charges below. 2. Prepare the final Punch List. 3. Observation or review services performed by the Engineer pursuant to this contract,whether of material or work and whether performed prior to, during, or after construction, are performed solely to determine general conformity of the work performed by Others with the contract plans and specifications. SUBMITTALS 1. The Engineer will review and take appropriate action on Samples, Product Data, Shop Drawings, and other submittals that the Construction Documents require the Contractor to submit pertaining to this phase of the project to determine whether those items and the Contractor's proposed methods of fabrication are generally consistent with the Engineer's Construction Documents. All submittals will be reviewed within five(5)business days. 2. Provide services related to evaluating contractor-proposed substitutions or alternates.(Single instance only) SUBSTANTIAL COMPLETION,FINAL COMPLETION,AND PROJECT CLOSE-OUT 1. The Engineer will review and approve or take other appropriate action on the Contractor's final punch Fist and will forward the list to the Building Owner/Client for final disposition. 2. The Engineer will assist the Building Owner/Client in receiving and forwarding the written warranties and related documents required of and assembled by the Contractor with respect to this phase of the project. ENGINEER'S CAD DELIVERABLES 1. The Engineer will deliver its design and construction drawings electronically using the same AutoCAD software as used by the Architect on the project. QUALITY ASSURANCE/QUALITY CONTROL(CIA/QC' 1. PBS will employ its internal Quality Assurance/Quality Control (QA/QC) protocols, including Bluebeam and Bluebeam Studio,to actively track the progress of the ongoing QA/QC of the project. PBS will invite any Design Team member or Owner who would like to be involved in or monitor this QA/QC protocol. 2. PBS will follow any project-specific QA/QC protocols that the Architect or the Owner establishes. FEE ARRANGEMENT 1. For Basic Mechanical and Electrical Engineering Services,the compensation shall be a lump sum fee of$9,500.00 (Nine Thousand Five Hundred Dollars)plus reimbursable expenses. 2. Plan Check Fees are not included in the base fee and shall be paid by others. 3. For Additional Services,the compensation shall be negotiated with the Client prior to proceeding with the Work. 4. Refer to the attached Schedule of Charges for PBS Engineers hourly rates and other miscellaneous expenses, 5. This fee proposal is valid for a period of ninety(90)days from the date of this proposal.It will be adjusted if the total project square footage or construction cost increases. The below-listed Schedule of Charges and Terms and Conditions are a part of this Agreement. PBS ENGINEERS, INC. FEE PROPOSAL—September21,2023 ` c 2M,.= HBPD Sims Training Center Huntington Beach,CA ,.:r:�::. Page 4 ASSUMPTIONS f EXCLUSIONS 1. It is assumed to have only one(1) package for plan check submittal,and multiple packages will be considered additional services. 2. Book specifications are not included in the scope of work,and all technical specifications will be provided within the drawings. 3. An Acoustical Consultant will provide acoustical recommendations. 4. Any cost for power,air,water,and sewer recordings is not included in this scope of work or fee. 5. Structural Engineering,Civil Engineering,and other sub-consultant-related services are excluded. 6. The project is not intended to be designed for LEE)Certification;however,energy-efficient design practices will be offered to ensure optimal design and operation. LEED Modeling and LEED Documentation are excluded from the scope of work or fees. 7. Detailed preparation of the construction cost estimate shall be completed by the Architect's Cost-Estimating Design. 8. Additional design work due to Value Engineering after Design Development approval is excluded. Should the Owner elect to have an independent peer review for Value Engineering and/or any other Value Engineering that occurs after Plan Check submittal,resulting changes in PBS Engineers'documents shall be considered Additional Services. 9. More than one review of substitution requests by the Contractor is excluded. 10. Owner-Initiated change orders during construction are excluded. 11. Reviewing Contractor claims not resulting from the Engineer's work is excluded. 12. Any major design revision,change in the architectural background after 90%of Construction Documents(CD),or plan check submittal(whichever occurs first)will be considered an additional service. 13. Preparation of as-built drawings,including field verification of building installations,is excluded. 14. Plan Check fees and City Submittal Services are not included. 15. Based on the size and use of the proposed buildings,no photovoltaic systems(PV)shall be needed to meet Title 24 requirements, 16. Services outside those listed under Design Services above are excluded. Please review this information and let us know if you have any questions. Thank you very much for the opportunity to provide this fee proposal for your consideration. Offered bv: Accepted by: 1'"`���„ 09/21/2023 S nature Date Signature Date James Breck Oscar Garcia,Captain(No.2113) Senior Proiect Leader I Electrical Patrol Division PBS Engineers,Inc. Huntington Beach Police Department PBS ENGINEERS, INC. 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: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30)days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in,or has been brought 1 Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT B FEE PROPOSAL—September 21,2023 12.6X! HBPD Sims Training Center x , r Huntington Beach,CA Page S 2023 SCHEDULE OF CHARGES The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of ninety (90)days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon thirty(30)days advance notice. PERSONNEL/HOURLY RATE Principal Engineer $245 Senior CADD/Revit Operator $150 Project Manager $225 CADD/Revit Operator/Drafting $130 Project/Senior Engineer $190 Senior Field Representative $150 Senior Designer $170 Field Representative $140 Designer $160 Word Processor/Clerical $105 These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight(8)hours will be charged on any day. If required in the interest of the project, Overtime will be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to the time in excess of eight(8)hours per weekday and all-time on Saturdays,Sundays,and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four(4) hours per weekday will be made for field personnel. Reimbursable expenses are in addition to personnel rates. Reimbursable expenses will be billed at cost except as noted below. MISCELLANEOUS CHARGES Passenger Car $0.80/mile Plotting $6.50/sheet Photocopy $0.11/page INSURANCE PBS Engineers maintains Professional Liability and General Liability Insurance for bodily injury and property damage with a limit of$10,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request. In the event the Client desires additional coverage,we will obtain additional insurance at the Client's expense upon the Client's written request. PBS ENGINEERS, INC. zG ���%--:::: ti FEE PROPOSAL—September 21,2023 HBPD Sims Training Center Huntington Beach,CA 1 � Page 6 TERMS AND CONDITIONS Billings/Payments: Invoices for the Engineer's services shall be submitted,at the Engineer's option,either upon completion of such services,on a monthly basis,or upon payment from the Owner. Invoices shall be payable within thirty(30)days of receiving the invoice from PBS Engineers,Inc. Late Payments: Accounts unpaid sixty(60)days after the invoice date may be subject to a monthly service charge of 1.5% on the then outstanding balance(18.0%actual annual rate)at the sole election of the Engineer. In the event any portion or all of an account remains unpaid ninety (90) days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Indemnification: The Client shall indemnify and hold harmless PBS Engineers,Inc.(PBS)and all of its personnel from and against any and all claims,damages,losses,and expenses(including reasonable attorney's fees)arising out of or resulting from the performance of the services,provided that any such claim,damage,loss or expense is caused in whole or in part by the negligent act, omission,and/or strict liability of the Client,anyone directly or indirectly employed by the Client(except the Engineer),or anyone for whose acts any of them may be liable. Limitation of Liability: To the greatest extent allowed by law, the aggregate liability of PBS for any and all injuries, claims, demands, losses, expenses,or damages,of whatever kind,arising out of or in any way related to this Agreement or the services proved by PBS on this project,shall be limited to$50,000 or the total fee received by PBS pursuant to this Agreement,whichever is greater. Further,no officer,director,shareholder,or employee of PBS shall bear any personal liability to the Client for any and all injuries,claims,demands,losses,expenses,or damages,of whatever kind or character,arising out of or in any way related to this Agreement or the serviced provided by PBS on this project. Mediation: All disputes between Client and PBS arising from or relating to this Agreement shall be submitted to non-binding mediation before any other judicial proceeding commences. PBS ENGINEERS, INC. t;1.1.5 i `W FEE PROPOSAL—Se tember 21,2023 C' S HBPD Sims Training Center tHuntington Beach,CA "• Page 7 TERMS AND CONDITIONS (CONTINUED) Dispute Handling: PBS shall make no claim against Client without first providing Client with written notice of damages and providing Client thirty(30)days to cure before an action is commenced. The Client shall make no claim, either directly or in a third-party claim, against PBS unless the Client has first provided PBS with a written certification executed by an independent professional currently practicing In the same discipline as PBS and licensed in the state of the subject project. This certification shall:(a)contain the name and license number of the certifier;(b)specify each and every act or omission the certifier contends is a violation of the standard of care expected of professional performing professional services under similar circumstances; (c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to PBS not less than thirty(30)calendar days before presenting any claim,institution,or judicial proceeding. Suspension of Services: If Client fails to make payments to PBS in accordance with this Agreement,such failure shall provide PBS the option to suspend the performance of services under this Agreement upon seven(7)days of written notice to Client. In the event of a suspension of services,PBS shall have no liability for any delays or damages caused because of such suspension. PBS shall be paid all sums before resuming services due prior to suspension and any expenses incurred by PBS in interrupting and resuming its services.PBS'fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute,the Client shall pay under written protest to keep the project on schedule and resolve the payment dispute after the substantial completion. Termination: This Agreement may be terminated by either party with seven (7)days of written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. PBS shall be paid for services performed to the termination notice date,including reimbursable expenses due if this Agreement is terminated. Ownership of Documents: The drawings,calculations,and specifications are instruments of service and are, and shall remain,the property of PBS, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by Agreement in writing. Applicable Laws: Unless otherwise specified,this Agreement shall be governed by the laws of the State of California. Client Initials here: Date PBS ENGINEERS, INC. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MIN2022WY) 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. rat.exn: (714)731-7700 FAXWC,Na): (714)731-7750 14252 Culver Drive,A299 ADDRESS: tina@cornerstonespeciatty.com INSURER(S)AFFORDING COVERAGE NAICC Irvine CA 92604 INSURER A: RLI Insurance Company 13056 INSURED mum B: Arch Insurance Company 11150 PBS ENGINEERS,INC. INSURERC: Burlington Insurance Company 23620 2100 E Route 66,Suite 210 INSURER D: INSURER E: _ Glendora CA 91740 INSURER F: COVERAGES CERTIFICATE NUMBER: 23/24 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 AODL SUBTT POLICY EFF POLICY El/P LTR TYPE OF INSURANCE INS)) w=D I POLICY NUMBER (MWDn1YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE <+ 1,000,000 DAMAGETC)RENTED CLAIMS:MADE OCCUR PREMISES(Ea occurrence) S 1,000,000 X ADDT'LINSURED/PRIMARY MEDEXP(M w.I yonopec ) 5 10,000 A X BLNKTVWR OF SUBRO PSB0001164 08/01/2023 08/01/2024 PERSONALXAOVIN,URY g INCLUDED GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2•000,000 POLICY I Xl POT LOC 00, 00PRODUCTS-COMP/OPAGO OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE OUT S 1,000,000 (Eaacaden0 X ANY AUTO BODILY INJURY(Per person) S A — OWNED SCHEUL.E0 PSA0001043 06/01/2023 08/01/2024 BODILY INJURY(Per acaenl(d 5 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERLY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident} S UMBRELLA LIAB t X OCCUR EACH OCCURRENCE $ 5mi1l5mil+ NC X EXCESS L AB r CLAIMS.MADE PSE0005278/704BE08582 08/01/2023 08/01/2024 AGGREGATE S SmIllSmil DED X RETENTION S 0 $ 10mitl10mil Total WORKERS COMPENSATION MUTE OTH• AND EMPLOYERS'LIABILITY STATUTE ER A ANY I ROPRIETORIPARTNUEDFV CUTIVE YYN N/A PSW0001136 08/0112023 08(01/2024 EL EACHACCIDENT 5 1,000,000 OFFICERIME.BER EXCLUDED (Mandatory In NHI E L DISEASE•EA EMPLOYEE S 1 000,n00 It yes descnbo under 1 000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 5 ECH CLAIM/ANN AGG $5miV$5mil+ PROFESSIONAL LIABILITY& B EXCESS PROFESSIONAL LIABILITY PAAEP0129103/XS230517 08/01/2.023 08/01/2024 ECH CLAIM/ANN AGG $5rnil/$5mil= CLAIMS MADE $10mil Total DESCRIPTION OF OPERATIONS!LOCATIONS r VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) Huntington Beach Police Department is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as par attached endorsement.Coverage is sublect to all policy terms and conditions.'30 days NQtipmag c lakQQt!i qp 1 daVs notice for non-payment of premium For Professional Liability coverage the aggregate limit is the total Insurancd Jalli3bff7 nadr 61po within the policy period 13y: MICHAEL E. GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATIO�)I T`UFTIU1�1T11�u1 vN ISEAGH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Huntington Beach Police Department ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE �,� Huntington Beach CA \ ,� "'" A.at:t ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001164 RLI Insurance Company Named Insured: PBS Engineers, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement;or to you;or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense committed after you have entered into that within the "product-completed operations hazard". contract or agreement. 2. The insurance provided to the additional insured by 4 The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any y person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that person or organization. We waive these rights only limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury' or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0001043 PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided un the following: BUSINESS AUTO COVERAGE FORM I. Blanket Additional Insured II. Blanket Waiver Of Subrogation The following is added to the SECTION II— The following is added to the SECTION IV— COVERED AUTOS LIABILITY COVERAGE, BUSINESS AUTO CONDITIONS,A. Loss Paragraph A.1.Who Is An Insured Provision: Conditions,5.Transfer Of Rights Of Recovery Against Others To Us: Any person or organization that you are required to include as an additional insured We waive any right of recovery we may on this coverage form in a contract or have against any person or organization to agreement that is executed by you before the extent required of you by a contract the "bodily injury" or "property damage" executed prior to any"accident"or"loss", occurs is an "insured" for liability coverage, provided that the"accident"or"loss"arises but only for damages to which this insurance out of the operations contemplated by such applies and only to the extent that person or contract. The waiver applies only to the organization qualifies as an "insured" under person or organization designated in such the Who Is An Insured provision contained contract. in SECTION II — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non- contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury"or''property damage"occurs. PPA 300 03 13 Page 1 of 1 4. Loss Payment—Physical Damage 6. Other Insurance Coverages a. For anycovered "auto" At our option,we may: you own, this p � Y Coverage Form provides primary a. Pay for, repair or replace damaged or insurance I-or any covered"auto"yea don't stolen property; own, the insurance provided by this b. Return the stolen property, at our expense. Coverage Form is excess over any other We will pay for any damage that results to co s a "traitorer' is the"auto"from the theft; or covered 'auto' which +ble insurance. However, whle a connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the"trailer'is: value. (1) Excess white it is connected to a motor If wo pay for the "loss", our payment will vehicle you do not oval: or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covert:d "auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or ff any person or organization to or for whom wo borrow is deemed to be a covereri °auto" make payment under this Coverage Form has you own. However any "auto' that is rights to recover damages from another, those 'eased, Fred, rented or borrowed w;th a rights are transferred to us. That person or driver is not a covered"auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after "accident"or"loss"to impair them. a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any B. General Conditions Lability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the"insured"or the d. When this Coverage Farr and any other "insured's" estate will not relieve us of any Coverage Form or press covers or the obligations under this Coverage Form. same basis, either excess or primary, we 2. Concealment,Misrepresentation Or Fraud will pay only our share. Our sharp is the proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covorirg on the same bass. other "Insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact concerning: a. The estimated premium for this Coverage Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began.We b. The covered"auto"; will compute the final premium due when c, Your interest In the covered"auto";or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium clue and the first 3, Liberalization Named Insured will be billed for the If we revise this Coverage Form to provide balance, if any. The duo date for the final more coverage without additional premium date m shown as thepdue datee premium is the charge, your policy will automatically provide date total due m exceeds the bill. If e the additional coverage as of the day the the estimated premium the revision is effective in your state. final premium due, the first Named Insured will get a refund. 4, No Benefit To Bailee--Physical Damage b. If this policy is issued for more than one Coveragesyear, the premium for this Coverage Form Wo will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 1013 ©Insurance Services Office, Inc.,2011 Page 9 of 12 WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA 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.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 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 %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a Job performed for any person or organization that you contract that requires you to obtain this have agreed with in a written contract to provide this agreement,provided you executed the contract agreement. before a loss This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective: Policy No. PSW0001136 Endorsement No. 8-01-2023 Insurance Company RU Insurance Company Insured:PBS Engineers. Inc.