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HomeMy WebLinkAboutJohnson Favaro, LLP - 2025-03-10 (2) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHNSON FAVARO, LLP FOR ARCHITECTURAL ENGINEERING FOR LIBRARY FACILITIES MASTER 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 JOHNSON FAVARO, LLP, a Limited Liability Partnership hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Architectural Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to 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 Jim Favaro 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. 24-15675/363931 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 1\AAMA , 20 25 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Four Hundred Thousand Dollars ($400,000). 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." 24-15675/363931 2 of 11 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: 24-15675/363931 3 of 11 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to 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 24-15675/363931 4 of 11 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 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. • 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 24-15675/363931 5 of 11 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 CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 24-15675/363931 6 of 11 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. 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: 24-15675/363931 7 of 11 TO CITY: TO CONSULTANT: City of Huntington Beach Johnson Favaro, LLP ATTN: Director of Public Works ATTN: Jim Favaro 2000 Main Street 5898 Blackwelder Street Huntington Beach, CA 92648 Culver City, CA 90232 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 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 24-15675/363931 8 of 11 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 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. 24-15675/363931 9 of 11 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 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 24-15675/363931 10 of 11 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a JOHNSON FAVARO, LLP municipal corporation of the State of California Ac...011 /� . /, R . FA-✓ ' Mayor print name ITS: (circle one)Ch anJP ' 1=n nt Atr Ale!141- City Clerk ND �� / INITIATED AND APPROVED: By•ii/ dS JOff iVSD 1 print name Director of Community& Library Services ITS: (circle one)S t. pain1A/PAi- REVIEWED AND APPROVED: City Manager APPR VED AS 0 FORM: City Attorney COUNTERPART 24-15675/363931 1 1 01' 1 1 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a JOHNSON FAVARO, LLP municipal corporation of the State of California By: ayour print name /r ITS: (circle one)Chairman/PresidentNice President City Clerk 3 20 AND TIATED AND APPROVED: By: print name ire r of i Library Services ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPR VED AS 0 FORM: City Attorney COUNTERPART 24-15675/363931 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: Scope of work entails creation of a City-wide library system facilities master plan through a structured public outreach process that will identify the need, the goals, and implementable solutions for improving library service to the community and improving and modernizing the condition of all library facilities in the City. Included is an actionable road map for the implementation of capital projects as resources allow, with budgets attached, within short-, medium- and long-term time horizons. Existing libraries that are the subjects of the facilities master plan include Central Library and the existing four branch libraries including Oakview, Banning, Main Street and Helen Murphy. Consideration will also be given to identifying additional or replacement branch library locations, as needed, on potential City-owned land in order to improve the distribution of library service in the City of Huntington Beach. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The Consultant's effort divides into three phases: 1) Discovery Phase; 2) Options Phase; and 3) Recommendations Phase. Discovery Phase: This phase consists of documentation, analysis, and outreach. In collaboration with the City and its communities the Consultant shall: 1. Document and assess each branch library's existing facilities conditions,locations, configurations, space allocations and building systems with the assistance of City provided as-builts, the recently completed City-wide facility assessment and with the support of Consultant's visual observations and photo documentation. 2. Document existing conditions in 2-D and 3-D in REVIT using City provided surveys, as-builts and digital maps. 3. Assess the existing branch library sites including pedestrian and vehicular circulation and parking, storm water and other utility infrastructure, as well as qualitative matters such as landscape, massing, character, and view. 4. Review City's existing plans, planning studies and policies that are relevant to the library system including the City's existing branch library programs and services and the previously completed 2022 library master plan. EXHIBIT "A" 5. Develop a map of existing and projected branch library locations that will best serve communities City wide with the support of demographic analysis, the City's general plan, and City staff input. 6. Analyze existing and understand projected branch library demographics. Utilizing State statistical data,and benchmark best practices assess current and future branch programs in order to develop service models tailored to the communities they serve. 7. Identify key demographic indicators including socio-economic, generational, and geographical factors pertinent to each branch library site. 8. Complete a needs assessment for each library site to ascertain the proper space allocations, size, and configuration of each program component to be planned for. Based on staff and community input, the Consultant shall identify the desired activities, events, programs, and services and associated space requirements. Library program needs are described narratively,numerically,and graphically.The Consultant shall make use of proprietary library programming software Libris Design to review staff program requirements and right size each branch facility. 9. Understand and document narratively and graphically the redevelopment potential at each branch library site. 10. Identify potential synergistic relationships among branch libraries, their sites and adjacent and/or nearby City or School District facilities. 11. Study alternate configurations of buildings and open space on existing and candidate branch library sites. 12. Develop preliminary calculations of building floor area and parking accommodations by site. 13. Develop opportunities and constraints of potential facility configurations. 14. Create a preliminary building program including all potential indoor and outdoor facilities. 15. Assemble findings of the Discovery Phase into a Preliminary Report in 11 X 17 hard copy and digital format. Options Phase: This phase consists of the generation of options for the upgrade, renovation, expansion, and/or replacement of each branch library site as well as alternate and/or additional library sites. The Consultant shall: 1. Develop options for each library branch based on challenges and opportunities identified in the Discovery Phase. EXHIBIT "A" 2. Make diagrams, drawings, Revit model, and 3-D physical models to illustrate challenges and opportunities of the sites and to communicate ideas to the City and library leadership and their stakeholders. 3. Develop conceptual drawings of the sites and their facilities including conceptual floor plan layouts, sections, 3-D physical and 3D Revit models and 3D aerial, ground level, exterior and interior views. 4. Develop alternate vehicular circulation(drop-off and pick-up, service, emergency) and parking strategies for each library site. 5. Develop alternate landscape and sustainability strategies for branch library redevelopment options. 6. Refine and.narrow prepared options based on City staff and community input and response. 7. Verify conformance and/or variance with General Plan, local zoning, height and setback requirements, and neighborhood design guidelines where appropriate and necessary. 8. Finalize basis of design criteria, assemble character and identity imagery to establish design direction in anticipation of subsequent future design. 9. Identify environmental review requirements (CEQA, other). 10. Prepare preliminary ROM cost of construction and capital outlay plan of preferred alternates for each library site. 11. Identify potential phasing options balancing budget and service continuity. 12. Establish City leadership and community priorities for the short-, medium- and long-term redevelopment of each of the branch library sites. 13. Establish long term master plan implementation phasing plans with, to the extent necessary, the near-term projects representing Phase 1 and subsequent projects representing later phases toward the completion of the long-term master plan. 14. Assemble findings of the Options Phase into a Progress Report in 11 X 17 hard copy and digital format. Recommendations Phase: Based on the preferred options for each library site developed in the Options Phase, The Consultant shall: 1. Refine the preferred options for each site, finalize a concept plan for the future of each facility in a comprehensive City-wide library master plan. EXHIBIT "A" 2. Refine as needed cost of construction and capital outlay plans for the implementation of upgrades, renovations, expansions and or replacements of each library facility within short-, medium- and long-term time horizons. 3. Circulate recommendations widely in the form of in-person stakeholder meetings and community town halls as well as electronically as appropriate. 4. Prepare aerial and eye-level view animations, one at each branch library site, illustrating master plan redevelopment scenario at completion. 5. Assemble findings of Recommendations Phase into Final Report in 11 X 17 hard copy and digital format. Program of Outreach: The Consultant shall prepare with City staff and its leadership a collaborative process through a program of outreach that includes the participation of all those in the community who want a voice in the process. The purpose is to both learn from the process and communicate what is learned. The Consultant shall complete meetings/presentations to develop and refine the Library Facility Master Plan to each of the following as required in each of the Project phases: 1. Project Manager and Project Team meetings 2. Community Services Department Staff 3. City Manager 4. Library Director and Branch Library Staff 5. Branch Library stakeholders to include library patrons and constituencies. 6. Branch Library interest groups to include the school district staff and leadership, Friends of the Library organizations, community organizations and non-profits, business organizations, and residential neighborhoods. 7. Neighborhood Community Townhalls (each Branch Library service area) 8. City-wide Community Townhall 9. Community Services Commission 10. City Council C. CITY'S DUTIES AND RESPONSIBILITIES: The City shall: EXHIBIT "A" 1. Provide available as-built, existing conditions drawings and documents in PDF and/or DWG file formats including site boundary and topography surveys of each library site. 2. Provide previously completed library facility condition assessments. 3. Provide previously completed Huntington Beach Libraries Master Plan for reference. 4. Provide any previously completed planning documents for the library sites for reference. 5. Provide previously completed master plans for City park sites or other candidate City- owned sites to be considered for potential library branches for reference. D. WORK PROGRAM/PROJECT SCHEDULE: Anticipated Project duration is approximately 10 months or 315 days. The Consultant's effort divides into three phases: 1) Discovery Phase; 2) Options Phase; and 3) Recommendations Phase as scheduled below: Phase Duration Start Finish Project Kick-off 1 day 3/31/25 3/31/25 Discovery Phase 77 days 3/31/25 6/16/25 Options Phase 181 days 6/17/25 12/15/25 Recommendations Phase 55 days 12/16/25 2/9/26 Total 315 days 3/31/25 2/9/26 The Final Project Schedule shall be developed with, and approved by, City Staff. 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: Principal Architect $260 Associate Principal $215 Senior Design Associate $200 Design Associate $175 Designer $150 Junior Designer $140 Administration $140 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 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. • V(C°K' -----""11 JOHNFAV-01 MCCOWANA ACOREP" DATE(MMIDD/YYYY) �,, CERTIFICATE OF LIABILITY INSURANCE .3/6/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND.THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED;the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to tile 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 License#0E67768 CONTACT Erica Wilson NAME10A insurance,Services PHONE (858)754-t)063 50233 FAx 3636 Nobel Drive (AIc,No,Exq: (NC,No):(619)574s6288 Suite 419 nooalEss:Erica.Wilson@ioausa.com San Diego,CA'92122 INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:RLI Insurance Company 13056 INSURED INSURER B: Johnson Favaro,LLP INSURERC: 5898 Blackwelder Street INSURER D: Culver City,CA 90232 - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ' 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND'CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED.BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR ,INSR WVO /MMILIDNYYY1 (MMIDD/YYYY) A X, COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X XPSB0005518 7/1/2024 7/1/2025 Ratan ERa ENT' Dnw) $ 1,000,000 X Cont Liab/Sev of Int MED EXP(Ally one person) 1,0,000 PERSONAL&ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIESPER: - GENERAL AGGREGATE .$ 4,000,000 POLICY X JECT LOC s PRODUCTS-COMP/OP AGG_$ 4,000,000 OTHER: Ded $ 0 A AUTOMOBILE LIABILITY t e accciident)SINGLE LIMIT S 2,000,000 ANY AUTO X PSB0005518 7/1/2024 7/1/2025 'BODILY INJURY(Per person) S OWNED — SCHEDULED AUTOS ONLY _ AUTOS yy Ep BODILY INJURY(Per Occident)-S X AUTOS ONLY X AUTOS ONNCY (Perr accidentDAAfAGE S X No Co.Owned S A UMBRELLA LIAB X OCCUR EACH OCCURRENCE ,S 1,000,000 X EXCESS LIAB CLAIMS-MADE PSE0002424 7/1/2024 7/112025 AGGREGATE $ 1,000,000 DED I X RETENTIONS 0, . S WORKERS COMPENSATION OTFI- AND EMPLOYERS'LIABILITY YIN PER E ANY PROPRIETOR/PARTNER/EXECUTIVEIROEg�ENR N!A EL.EACH ACCIDENT S (Mandatory Ill NH) E.L.DISEASE-EA EMPLOYEE $ i(.yes,descdbo undor DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A. Prof LiablClms Made RDP0055902 9/18/2024 9/18/2025 Each Claim . 2,000,000 A Ded.:$10K Per Claim RDP0055902 9/18/2024 .9/18A �1�(trmc,�S TO`OrRhi 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Addillonal Remarks Schedule,may be attached If more space - EL J• �/IGL1�1 i TA Re:All Operations MI ITY ATTOSIEVeY City of Huntington Beach,Its officers,elected or appointed officials,employees,agents,and volunteers Is�icAli qt;f Li gtLtj)1jf8 QHiGenerailHlred& Non-Owned Auto Liability per the attached endorsement as required by written contract.Insurance Is d ltZ -Contributdry.Waiver of Subrogation applies to General Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium In accordance with the policy provisions. .CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH,THE POLICY PROVISIONS. AUTHORIZED.REPRESENTATIVE City of Huntington Beach —•I. I" I( , 1 2000 Main Street 1 oi, d�OYt`Q g (Huntington Beach,CA 92648 ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' • ACORLA CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Acct#: 2767407 08/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 PHME: LOCKTON COMPANIES,LLC PHONE 888-828-8365 FAX 3657 Briarpark Dr.,Suite 700INC.A/C.No,Extl: (A/C,No): Houston,TX 77042 ADDRE ins eri certs locktonaffinit com ADDRESS: P tY G� Y• INSURER(S)AFFORDING COVERAGE NAIL# INSURER A: Indemnity Insurance Company of North America 43575 INSURED INSURER B: JOHNSON FAVARO LLP 5883 BLACKWELDER ST INSURER C: CULVER CITY,CA 90232-7303 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTEEO ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N/A C72340759 10/01/2024 10/01/2025 (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4sTINGT�� y•-:',1514;42 � 1 17 9\ -",; CITY OF HUNTINGTON BEACH 4CF� �/ Finance Department C0UNTv NOTICE OF INTENT TO AWARD Date: October 15, 2024 Project: LIBRARY FACILITIES MASTERPLAN 2024-0814 Selected Proposer: Single The evaluation panel assigned to City of Huntington Beach RFP No. 2024-0814, Library Facilities Masterplan recently convened to evaluate the proposals submitted to the City. The City evaluated the 2 proposals received using a Qualifications-Based Selection (QBS) process incorporating a multitude of factors aside from, but including, pricing. The criteria utilized to evaluate the proposals are as follows: • Compliance with the RFP Requirements • Approach, Understanding of Project and Methodology • Qualifications and Experience • Educational background, work experience • Proposed Cost, Price, Fees • References They have made the conclusion to award this RFP based on this evaluation. The following table illustrates the final distribution of all proposers after this comprehensive evaluation process. Upon award, copies of all proposals related to this RFP may be requested for review. Selected Non-Selected Johnson Favaro Gensler The City would like to thank all proposers for the time and resources contributed toward this RFP process. Non-selected proposers are highly encouraged to stay registered on the City's PlanetBids portal. This will enable proposers to register on the City's procurement system based on commodity and/or service offerings and be automatically contacted for future opportunities. With regards, Cody Hernandez Buyer Cody.hernandez@surfcity-hb.org