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City of Huntington Beach
File#: 21- 493 MEETING DATE: 7/ 20/ 2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HonorableMayorand City CouncilMembers
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Approve and authorize execution of Professional Services Contracts for On- Call Architectural Engineering Services with Johnson Favaro, Kitchell, PBK- WLC, Studio One Eleven, and Vii" Werawhlttt
Statement of Issue:
The Public Works Department requires on-call architectural engineering services for as-needed support staff to assist with the design of capital improvement projects, which are identified in the annual Capital Improvement Program ( CIP), as well as other facility and infrastructure needs.
Financial Impact:
The City's adopted Fiscal Year (FY) 2020/21 and proposed FY 2021122CIP Budgets total $24.5 million and $39.3 million, respectively, for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, projectmanagement, and other requiredcosts. The five recommendedarchitecturalengineering service contracts, totaling $ 6.0 million, will be funded within each project' s individual CIP budget, as needed. As such, no additionalfunding is requiredby this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute, " Professional Services Contract BetweentheCityof HuntingtonBeachandJohnsonFavaroforOn-CallArchitecturalEngineeringand Professional Consulting Services," in an amount not to exceed $ 2,000,000. and, B) Approve and authorize the Mayor and City Clerk to execute, " Professional Services Contract Betweenthe City of HuntingtonBeach and Kitchell/CEM, Inc. for On-Call Architectural Engineering and Professional Consulting Services," in an amount not to exceed $ 1,000, 000. and, c C) Approve and authorize the Mayor and City Clerk to execute, " Professional Services Contract Betweenthe City of HuntingtonBeachand PBK-WLC for On-CallArchitectural Engineeringand Professional Consulting Services," in an amount not to exceed $ 1,000, 000; and, D) Approve and authorize the Mayor and City Clerk to execute, " Professional Services Contract CIIy of Hunt" ton Beech Page 1 of 3 Pn H VntW on 72021
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File #: 21493 MEETING DATE: 7/ 20/ 2021
BetweentheCityof HuntingtonBeachandRDC-S111, Inc. dbeStudioOneElevenforOn-Call Architectural Engineeringand ProfessionalConsultingServices," in an amount not to exceed 1, 000, 000; and. & x:)tpAr7,( Z, {'(
E) Approve and authorizethe Mayorand City Clerk to execute, 'ProfessionalServices Contract Between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering and Professional Consulting Services,' in an amount not to exceed $ 1,000, 000.
Alternative Actionisl:
Do not authorize the contracts and direct staff accordingly. Budgeted capital improvement projects cou; d be delayed until new contracts are approved.
Analysis:
On March 15, 2021, the City advertised a Requestfor Qualifications (RFQ) for On-Call Architectural Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twenty- five proposals were received for architectural engineering services. In accordance with qualifications- based selected procurement, per the Federal " Brooks Act,' State SB 419, and the City of Huntington Beach Municipal Code Section 3. 03 " Professional Services," the Public Works Department established a review board.
Proposals were then evaluated and ranked by the review board. The top five firms were selected in each category to increase opportunity for competitive proposals for future projects from qualified on- call consultants.
The five contracts recommended for approval are for support staff for architectural engineering of capital improvement projects as well as general infrastructure projects. These services have historically been utilizedto supplementCity staff to meet annual Capital ImprovementProgram (CIP) goals, as an extension of staff, and/ or to provide required expertise for unique projects. It is anticipated that these services will be required, based on previous years. Each project is evaluated on a case- by-case basis to determine if these as-needed contract services are necessary.
The Chy's CIP was approximately $24.5 million in FY 2020/21. In addition, the proposed FY 2021/22 CIP totals $39.3 million in new projects. Typical designand constructionsupportcost from the use of consultants on a CIP project can very between ton to twenty percent ( 10- 20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual consultant costs would be around $ 3 million to the City for total CIP projects, or approximately $ 9 million over the next three 3) years. However, there will be one firm (Johnson Favaro) with a higher allocation of$ 2 million to reflect the design services for the Oakview Community Center, which has been adopted in the City' s CIP budget.
Architecturalengineeringservices are typically requiredfor buildingsand structures related CIP projects. Therefore, these consultantswere selectedto meet projectedworkloadover the next three years with a total contract limit of$ 6 million. Theproposedcontractamountsareanot-to-exceedamount for athree-yearterm, with noguaranteeof work. Fundingfor anyandall of thesecontractservicesis only through City Council authori7Ationin thebudget approvalprocess.
Environmental Status:
City of Hupdroon Beach P" 7 of 3
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File #: 21- 493 MEETING DATE: 7/ 20/ 2021
Not applicable.
Strategic Plan Goal:
Infrastructure & Parks
Attachment( s):
1. Professional Services Contract between the City of Huntington Beach and Johnson Favaro for On-Call Architectural Engineering Services
2. Professional Services Contract between the City of Huntington Beach and Kitchell for On-Call Architectural Engineering Services
3. Professional Services Contract between the City of Huntington Beach and PBK-WLC for On- Call Architectural Engineering Services
4. Professional Services Contract between the City of Huntington Beach and Studio One Eleven for On-Call Architectural Engineering Services
5. ProfessionalServicesContractbetweenthe Cityof HuntingtonBeachand WestbergWhite for On- Call Architectural Engineering Services
6. Professional Services Award Analysis
City of Huntington Beach Page 3 of 3 Printed on 7/ 14/ 2021 powerelwr Legistarm
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
VESTBERG WHITE. INC.
FOR
ON- CALL ARCHITECTURAL I"NGINEERINGi R
PROFESSIONAL CONSULTING SERVICES
THIS AGREE\ 9EN" 1' (" Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California. hereinafter referred to as CITY," and Westberg White. Inc.. a California Corporation hereinafter referred to as CONSULTANT."
WHEREAS. CITY desires to engage the services of a consultant to provide on-call Architectural Engineering & Professional Consulting Services: and Pursuantto documentationon file in the office of the City Clerk, the provisionsof the 1-tuntingtonBeachMunicipal Code, Chapter3.03, relating to procurementof professionalservice contracts have been complied with: and
CONSULTANT has been selected to perform these services, NOW. THEREFORE. it is agreedby CITY andCONSULTANT asfollows:
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." CONSULTANTherebydesignatesGregBeardwhoshallrepresentit andbeitssole contact and agent in all consultations with CITY during the performanceof this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assigna staff coordinatorto work directly with CONSULTANT in the pertormanceof this Agreement-
2 1- 9934/ 26 1615 1 01, 11
3. TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 20 W ( the " Commencement Date"). This Agreement shallautomaticallyterminatethree (3) yearsfrom theCommencementDate, unlessextendedor soonerterminatedasprovidedherein. All tasksspecifiedin Exhibit "A" shallbecompletedno laterthanthree (3) yearsfromtheCommencementDate. Thetimefor performanceof thetasks identified in Exhibit " A" are generally to be shown in Exhibit " A." This schedule may be amendedtobenefitthePROJECTif mutuallyagreedto in writingbyCITYandCONSULTANT.
In theeventthe CommencementDateprecedesthe Effective Date, CONSULTANT shallbeboundby all termsandconditionsasprovidedherein.
4. COMPENSATION
In considerationof theperformanceof theservicesdescribedherein, CITY agreesto payCONSULTANTonatimeandmaterialsbasisattheratesspecifiedin Exhibit "B," whichis attachedheretoandincorporatedby referenceinto thisAgreement, a fee, includingall costsand expenses, not to exceed One Million Dollars ($ 1,000, 000. 00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit " A" or changesin the scopeof servicesdescribedin Exhibit " A," CONSULTANT will undertakesuch workonlyafterreceivingwrittenauthorizationfromCITY. Additionalcompensationforsuchextra workshallbeallowedonlyif thepriorwrittenapprovalof CITYisobtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuantto the terms of Exhibit " B." 21A934/ 261615 2 of 1 I
7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices. calculations, computercode, language. dataor programs, maps, memoranda. lettersandotherdocuments. shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first- These materials may be used by CITY as it sees fit.
8. 1-101- D HARIMLESS
A. CONSULTANTherebyagreesto protect. defend. indemnifyand hold harmlessCITY. its officers, electedor appointedofficials, employees, agentsand volunteersfrom andagainstanv andall claims, damages. losses, expenses, judgments, demandsanddefensecosts including, withoutlimitation, costsandfeesoflitigationofeverynatureorliabilityofanNkindor nature) arisingoutof or in connectionwithCONSULTANT'S (orCONSULTANT'ssubcontractors, if any) negligent (orallegednegligent) performanceofthisAgreementor itsFailuretocomplywith anyof its obligationscontainedin thisAgreementby CONSULTANT, its officers, agentsor employeesexcept such loss or damagewhich was causedbN the sole negligenceor willful misconductof CITY. CONSULTANT will conductall defenseat its solecost and expenseand CITY shall approve selection of CONS U LTA NT' s counsel. This indemnity shall apply to all claimsandliability regardlessof whetheranyinsurancepoliciesareapplicable. -Thepolicylimits do notactaslimitation upontheamountof indemnificationto beprovidedby CONSULTANT.
13. To the extentthat CONSULI'ANI' performs "DesignProfessionalServices' within themeaningof Civil CodeSection2782.8, thenthefollowingHoldHarmlessprovisionappliesin place of subsectionA above:
21- 9934/ 261615 3 ofll
CONSULTANT- hereby agreesto protect. defend. indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and againstany and all claims, damages, losses. expenses. demandsand defensecosts (including, Without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of. pertain to, or relate to the negligence, recklessness. or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT' s proportionate percentage of fault. Flowever, notwithstandingthe previoussentence, in the eventone or more other defendantsto the claims and/or litigation is unableto pay its shareof defensecostsdueto bankruptcyor dissolutionof the business. CONSULTANT shall meet and confer with CITY and other defendants regarding Unpaid defensecosts. Thedutyto indemnify, includingthedutyandthecostto defend, is limitedas providedin CaliforniaCivil CodeSection2782.8.
C. Regardlessof' whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation.
This indemnityshall apply to all claims andliability regardlessof' whetherany insurancepolicies areapplicable. Thepolicylimitsdonotactasalimitationupontheamountof indemnificationtohe 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 coveragefor CONSULTAN"Fs professionalliability in an amountnot less than One Million Dollars SI. 000. 000. 00) per occurrence and in the aggregate. " The above- mentioned insurance shall not contain a self-insured retention without the expresswritten consentof CITY; however an insurance 2 1- 9934/ 26 16 15 4 of I
police "deductible" of "fen "ThousandDollars (510,000.00) or less is permitted. A claims-made policy shall be acceptableif the policy further provides that:
A. The policy retroactivedatecoincideswith or precedesthe initiation of the scope of work ( including subsequent policies purchased as renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might Live rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the requiredextendedperiodof coveragelollowingPROJECTcompletion. If' insuranceis terminated foranyreason, CONSULTANTagreestopurchaseanextendedreportingprovisionof atleasttwo 2) yearsto reportclaimsarisingfrom work performedin connectionwith thisAgreement.
If CONSULTANT fails or refusesto produceor maintainthe insurancerequiredby this sectionor tails or refusesto furnish the CITY with requiredproof' that insurancehasbeen Procuredandis in forceandpaidfor, theCITYshallhavetheright. at theCITY's election. to forthwith terminatethis Agreement. Suchterminationshall not effectConsultant's right to bepaid for itstimeandmaterialsexpendedpriortonotificationof termination. CONSULTANTwaivesthe right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATL Ol" INSURANCE
Priorto commencingpertormanceof the work hereunder. CONSULTANTshall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoinginsurancecoverageasrequiredbythisAgreement; thecertificateshall:
A. providethenameandpolicynumberoteachcarrierandpolicy;
13. statethatthepolicy is currentlyin force: and
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C. shallpromisethatsuchpolicyshallnotbesuspended, voidedorcanceledby either party. reducedin coverageor in limits exceptafter thirty (30) days' priorwrittennotice: however. ten (10) days' priorwrittennoticein theevent 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.
Therequirementfor carryingthe foregoinginsurancecoverageshallnotderogate front CONSULTAN" r's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representativeshallat all timeshavethe right to demandtheoriginal or a copyof' thepolicyof- insurance. CONSULTANTshallpay, in a promptandtimelymanner. the premiumson theinsurancehereinaboverequired.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performanceof this Agreementasanindependentcontractorhereinandnot asanemployeeof CITY. CONSULTANT shall secureat its own costandexpense, and be responsiblefor any andall paymentof all taxes. social security. statedisability insurancecompensation, unemploymentcompensationand other payrolldeductionsforCONSULTANTanditsofficers. agentsandemployeesandall business licenses, if any, in connectionwith the PROJECTand/or theservicesto beperformedhereunder.
12. TERMINATION OF AGRI3EMENT
All work requiredhereundershallbeperforatedin a goodandworkmanlikemanner.
CITY may terminateCONSULTANT's serviceshereunderat any time with or without cause. and whetheror notthePROJECTis fully complete. Anyterminationof thisAgreementbyCITYshall bemadeinwriting, noticeof whichshallbedeliveredtoCONSULTANTasprovidedherein. Inthe 21- 9934/ 261615 6 of l l
event of termination. all finished and Unfinished documents, exhibits, report, and evidence shall. at theoptionof CITY, becomeitspropertyandshallbepromptlydeliveredto it byCONSULTANT.
13. ASSIGNMENI- AND DELEGATION
This Agreementis a personalservicecontractandthe work hereundershall not be assigned, delegated or subcontractedby CONSULTANT to any other person or entity without the priorexpresswrittenconsentofCITY. If anassignment, delegationorsubcontractisapproved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGI- i' I'S/ PA- I' EN' I-S
CITY shall own all rightsto any patentor copyrighton any work, item or material produced asa result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT- shall employno CITY official nor any regularCITY employeein theworkperformedpursuanttothisAgreement. Noofficeroremployeeof CITYshallhaveany financial interest in this Agreementin violation of the applicableprovisions of the California Government Code.
16. NOTICES
Anv notices. certificates, or othercommunicationshereundershall begiveneitherby personaldeliverytoCONSULTANT'sagent (asdesignatedinSection1hereinabove) ortoCITYas the situationshall warrant. or by enclosingthe samein a sealedenvelope, postageprepaid, and depositingthesameintheUnitedStatespostalService, totheaddressesspecifiedbelow. CITYand CONSULTANT may designatedifferent addressesto which subsequentnotices, certificatesor other communicationswill be sentby notifying the other party via personaldelivery, a reputable overniglit carrier or U. S. certified mail- return receipt requested:
21- 9934/ 261615 7 of 11
TO CITY: TO CONSULTANT:
City of I-luntington Beach Westberg K White. Inc.
AT IN: Chris Tanio AT" IN: Greg Beard
2000 Main Street 14471 Chambers Road. Suite 210
Huntington Beach, CA 92648 Tustin. CA 92780
17. CONSENT
When CITY' s consent/ approval is required under this Agreement, its consent/approvalfor onetransactionor eventshall not bedeemedto bea consent/approvalto 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 executedby both parties.
19. SECTION HEADINGS
Thetitles, captions, section, paragraphandsubjectheadings, anddescriptivephrases atthebeginningof thevarioussectionsinthisAgreementaremerelydescriptiveandareincluded solelyforconvenienceof referenceonlyandarenotrepresentativeof mattersincludedorexcluded fromsuchprovisions, anddonotinterpret, define, limitordescribe, orconstruetheintentofthe partiesoraffecttheconstructionorinterpretationofanyprovisionofthisAgreement.
20. INTERPRETATION OF THIS AGREEMENT
ThelanQUaLCof all partsof this Agreementshallin all casesbe construedasa whole. according to its fair meaning, and not strictly for or against any of the parties. If any provisionof this Agreementis heldby an arbitratoror courtof competentjurisdictionto be unenforceable. void, illegal or invalid, such holding shall not invalidate or affect the remaining covenantsandprovisionsof thisAgreement. Nocovenantorprovisionshallbedeemeddependent uponanyotherunlesssoexpresslyprovidedhere. As usedin thisAgreement, themasculineor 21- 9934/ 261615 8 of I 1
neutergenderand singular or plural numbershall be deemedto includethe other wheneverthe context so indicates or requires. Nothing contained herein shall be construed so as to require the commissionof' any act contraryto law, andwhereverthereis any conflict betweenany provision containedhereinandany presentor future statute, law, ordinanceor regulationcontraryto which the partieshaveno rightto contract, thenthe lattershallprevail, andtheprovisionof this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bringit within therequirementsof thelaw.
21. DUPLICATE ORIGINAL
The original of' this Agreement and one or more copies hereto have been prepared andsigned in Counterpartsasduplicate originals, eachof which so executedshall, irrespective of' the dateof itsexecutionanddelivery, bedeemedanoriginal. Eachduplicateoriginalshallbedeemed an original instrument asagainst any party who hassigned it.
22. 1NIIQIG RAT ION
CONSULTANT shall be responsiblefor full compliancewith the immigration and naturalizationlawsof the United Statesandshall, in particular, comply with the provisionsof 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 subcontractorwork involving legal services andthat suchlegalservicesareexpresslyoutsidethe scope of services contemplated hereunder. CONSULTANT understands that pursuant to HuntingtonBeachCity CharterSection309. theCity Attorneyis theexclusivelegalcounselIor CITY: and CITY shall not be liable for payment of any legal servicesexpensesincurred by CONSULTANT.
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24. ATTORNEVS PEGS
In the event suit is brought by either party to construe, interpret and/or enforce the termsand/or provisionsof thisAgreementor to securetheperformancehereof. eachpartyshallbear its own attorneys fees, suchthat the prevailing partyshall not beentitled to recoverits attorney's fees from the nonpreyailing party.
25. SURVIVAL.
Terms and conditions of this Agreement. which by their sense and context survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
his Agreementshallbe governedandconstruedin accordancewith the lawsof the State ot' California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authorityandrighttobindtheirrespectivepartiesto eachof thetermsof thisAgreement, andshallindenmit' CITY fully for anyinjuriesor damagesto CITY in theeventthatsuchauthority or poweris not. in fact, heldby thesignatoryor is withdrawn.
28. ENTIRETY
ThepartiesacknowledgeandagreethattheyareenteringintothisAgreementfreely andvoluntarily following extensivearm's lengthnegotiation, andthateachhashadtheopportunit}' toconsultwith legalcounselpriortoexecutingthisAgreement. Thepartiesalsoacknowledgeand agreethat no representations, inducements. promises. agreementsor warranties, oral or otherwise, havebeenmadebythatpartyoranyoneactingonthatparty'sbehalf, whicharenotembodiedin this Agreement, andthat that party hasnot executedthis Agreementin relianceon any representation, inducement. promise, agreement, warranty. fact or circumstancenot expresslyset forth in this 21- 9934/ 261615 10 of II
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respectingthe subject matter of this Agreement, and supersedeall prior understandingsand agreementswhether oral or in writing betweenthe partiesrespectingthe subject matter hereof.
29. EFFECTIVE DATE
This Agreementshall be effective on the dateof its approvalby the City Council.
This Agreement shall expire when terminated asprovided herein.
IN WITNESS WHEREOF, the parties hereto havecausedthis Agreement to beexecuted by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH, a
WES INC. municipal corporation of the State of
California
By.
Frisco ftfi, AIA President
Ao"
e) idcnL1Nicc
Mayor
ITS: ( circke President
City Clerk
By:_ INITIATED AND APPROVED:
Pa . W A, Secretary
print n
ITS: ( ebcleone) Secret /ChiefFinancialOfGcer'Asst.
Director of Public Works
Secretary. Treaaurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
ti.,City Attorney
COUNTERPART
21." 34n61615 11 of l I
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the partiesrespectingthesubjectmatterof thisAgreement, andsupersedeall priorunderstandingsand agreementswhetheroral or in writing betweenthepartiesrespectingthesubjectmatterhereof.
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 WITNESSWHEREOF, thepartiesheretohavecausedthis Agreementto beexecutedby and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH, a
WESTBERG & WHITE, INC. municipal corporation of the State of California
By.
print name
AZI,
ITS: ( circle one) Chainnan/ President/Vice Presidmi
AND City Clerk
By: INITIAT AND ROV
print name
ITS: ( circle one) Secretary/Chief Financial officer/ Asst. hector o u lit Works
secretary- Treaw mr
VIE D AN A! P IP VF. D:
City Manager
APPROVED AS TO FORM:
City Attorney .
COUNTERPART
21- 9934r261615 I of 11
EXHIBIT " A"
A. STATEMENT OF WORK: ( Narrative of work to be performed) CONSULf.ANf shallprovideconsultingservicesonan 'as-needed' basisfor projectsto be determinedduringthetermof theagreement. Duringthetermof theagreement, CITY mayelectto solicitproposalsfromCONSULTANT. CITYshallissuetaskorderforeachprojectbaseduponthe scopeof services, workschedule, andfeeproposalsubmittedtoCITYfor itsreviewandapproval.
B. CONSULTANT' S DUTIES AND RESPONSIBILITIES:
CONSULTANT' S duties and responsibilities shall be per CONSULTANT' S Statement of Qualification (ExhibitA), consistentwiththeCityof f-luntingtonBeachRequestforQualifications forOnCallArchitecturalEngineeringConsultingServices. Uponaward, andthecontractperiod, if CONSULTANT choosesto assigndifferent personnelto theproject. CONSULTANT mustsubmit thenamesandqualificationsof thesestafftoCITYforapprovalbeforecommencingwork.
C. CITY' S DUTIES AND RESPONSIBILITIES:
1. Furnish scope of work request for each project.
2. Furnishconstructionplansandspecificationsto theCONSULTANT.
D. WORK PROGRAM/ PROJECT SCHEDULE:
A projectschedulewill bedevelopedforeachprojectassignedbyCITY.
EXHIBIT A
EXHIBIT " B"
Payment Schedule ( Hourly Payment)
A. Hourly Rate
CONSULTANT' S fees for such services shall be based upon the following hourly rate and cost schedule:
Please see attached hourly rates.
B. Travel. Charges for time during travel are not reimbursable C. Billing
1. All billing shallbedonemonthlyin fifteen (15) minuteincrementsandmatchedto an appropriatebreakdownof the time that wastaken to perform that work andwho performed it.
2. Each month' s bill should include a total to date. That total should provide, at a glance, thetotal feesandcostsincurredto datefor the project.
3. A copy of memoranda, letters, reports, calculations and other documentation preparedby CONSULTANT may be required to be submittedto CITY to demonstrateprogresstowardcompletionof tasks. In theeventCITY rejectsor has commentson any such product, CITY shall identify specific requirementsfor 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 thatthework hasbeenperformedin accordancewith theprovisionsof this Agreement; and
E) For all paymentsincludeanestimateof the percentageof work completed.
Upon submissionof any such invoice, if CITY is satisfied that CONSULTANT is makingsatisfactoryprogresstowardcompletionof tasksin accordancewith this Agreement, CITY shall approvethe invoice, in which event paymentshall be made within thirty (30) daysof receiptof theinvoiceby CITY. Suchapprovalshallnot beunreasonablywithheld. If CITY doesnotapproveaninvoice, CITY shallnotify CONSULTANTin writing of the reasonsfor non-approvalandthe scheduleof performancesetforth in Exhibit " A" mayattheoptionof CITY besuspendeduntil the partiesagreethat past performanceby CONSULTANT is in, or hasbeen Surfnet Exhibit a hourly I
brought into compliance, or until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additionalservicesauthorizedin advanceandin writingbyCITYshallbeinvoicedseparatelyto CITY. Suchinvoiceshallcontain all of the information requiredabove, and in addition shall list the hours expended andhourlyratechargedforsuchtime. SuchinvoicesshallbeapprovedbyCITYif the work performedis in accordancewith the extra work or additionalservices 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 disputebetweenthepartiesconcerningpaymentof suchaninvoiceshallbetreated as separateand apart from the ongoing performance of the remainder of this Agreement.
Surrnet Exhibit B hourly 2
ME
architecture
Westbergwhite
HOURLY FEE SCHEDULE
2021
Partner/ Principal .................................................................$ 230 Project Manager...................................................................$ 190 Senior Project Architect........................................................$ 180 Senior Designer...........................................................
I....... $ 140
Project Architect............................................................. 140 Senior Job Captain..................................................:...... 125 Construction Administrator I................................................ $ 125 JobCaptain......................................................................... $ 110 ITDepartment............................................................
I........ $
110
Staff Designer/ Planner ........................................................ $ 100 Specification Writer.................................................................$ 90 Senior Draftsperson................................................................$ 90 Construction Administrator II ..................................................$ 80 Intermediate Draftsperson ......................................................$ 75 Junior Draftsperson ................................................................$ 70 Administrative Support ...........................................................$ 70 Servicesprovidedbyengineeringandspecialconsultantsassignedto the project, and other reimbursable expenses shall be charged at one and one-tenth ( 1.10) times the amount billed to Westberg + White, Inc.
ThesearethecurrentrateseffectiveJanuary1, 2021throughDecember31, 2021. Hourlyfee rates are subject to change annually.
Tustin I San Diego I Riverside 14471 Chambers Road, Suite 210 Tustin, CA 92760. 6964
T 714. 508. 1780
F 714. 508, 1790
arc . wnn
PROFESSIONAL SERVICES CONTRACT BETWEEN
TIME CITY OF HUNfINGTON BEACH AND
FOR
Table of Contents
1 Scope of Services..................................................................................................... I 2 City Staff Assistance................................................................................................ 2 3 " fernn: Time of Pertormance..................................................................................... 2 4 Compensation .......................................................................................................... 2 5 Extra Work............................................................................................................... 2 6 Method of Payment................................................................................................... 7 Disposition ol' plans. Estimates and Other Documents ........................................... 3 8 Hold Harmless .......................................................................................................... 9 Professional Liability Insurance............................................................................. 4 10 Certificate of Insurance........................................................................................... 15 11 Independent Contractorr............................................................................................ 6 12 Termination of Agreement...........................................................................
I........... 6
13 Assignnnent and Delegation..................................................... ................................ 6 14 Copyrights/ Patents................................................................................................... 7 15 City Employees and Officials.................................................................................. 7 16 Notices............................. ........ ....... 7 17 Consent .................................................................................................................... 8 18 \ 4odification............................................................................................................. 8 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement.............................................................................. 8 21 Duplicate Original.................................................................................................... 9 22 Immigration............................................................................................................... 9 23 Legal Services Subcontracting Prohibited................................................................ 9 24 AttorneVs Fees............................_............................................................................ 10 25 Survival ..................................................................................................................... 10 26 Governing Law ......................................................................_................................. 10 27 Sianatorics................................................................................................................. 10 28 Entirctv...................................................................................................................... 10 29 Effective Date........................................................................_....... I I REJ
aCoKaa CERTIFICATE OF LIABILITY INSURANCE
oATr: IM1unmum Y
O7/ 0B1P02. 1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy( les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsomont( s).
PRODUCER CONTACT TIM(: OWIc
Cornerstone Specialty Insurance Services, Inc NoEtl: ( 714)731-7/00 AIC 714) 731- 7750No:§
AIL _14252 Culver DI A290 S. lnan come;stmespeelalry.com
INSURERS AFFORDWO COVERAGE NAICY
Irvine CA 92604 INSURER A: Travelers Indemnity Co of Cann 25682
INSURED
INSURER D: Travelers Property Casually Co 25074
WESTBERG+ WHITE, INC. INSURERC. AspenAmerican InsuranceCompany 14471 Chambers Road INSURED 0;
Ste 210 INSURER E:
Tustin CA 92780 INSURER F:
COVERAGES CERTIFICATE NUMBER: 21/ 22 COVERAGES REVISION NUMBER:
T3{ 1S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREAIENT, TERM OR CONDITION OF ANY CONTRACT OR O I HER UOCUMEN T WITH RESPECT ID WHICH 7 HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE() HEREIN IS SU( UECT TO ALL THE TERMS.
EXCLUS IONS AND CONDITIONS OF SUCH POLICIES. LIMBS St IMIN MAY HAVE BEEN REDUCED 13YPAID CLAIMS, TTRL TYPE OF INSURANCETR IN SO VfA POLICY NUMOEfl N9IOWrYYY I MNIOOn' YYY LIMITS
X COMLIERCIALOENERALLIABIUIY
EACH OCCUMFNCF s 1.000.000
CIAIM MATE OCCUR FN ( Fs occa once s 4000,000
x AODTI. INSRO/ PRIMARY
LIEU EAP( An ww Wwn)_ 3 5,000
A
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HI. NKTWAIVER OF SUHRO Y Y 6606H712316 0112712021 0V272022 PERSONAL A AOV INJURY $ 1, 000, 000 CENL AGOREOATE U- 4I I APPLIES PER: GEVERALABOREGATE 3 2,000.000 OCT f LOC PRODUCTS- IF1' O' JCV 5Cj 2000, 000
OIHEH: S
AUTOMOSILELJAUILIIY CWRNN' EDSINOLE UMIT $ 7000000
x ANYAUTO BOUILY INJURY( Par W..) s
A OF` NEn SCHEDULED
Y Y BA- 3R899335 01/ 27/ 2024 ( MOW2. 022 IggLY INJURY( Ref Wdd@Ro sAUTOSONLY
AHIREDNIJIC
AUTOS ONLY AUTOS ONLY fr., esclde' tT
EIVED
S
S
x UMBRELIALIAU X UCCUF EACH OCCURR FNCE 5 6.000,000
B EXCESS LIgR
CLAI1, 16- VADTi Y Y CUP- 8176YO18 01127/ 2021 011272022
AGGREGATE
5, 000, 000
DEO RETENTION$ 0
S
VJORNEflS COMPENSATION
X
P9i OrO
EMPLOYERSNSATIOY TAT TF FR
vIN
1, 000. 000
B
AN/ PROPRIETORPARHORIF)( OCUTR' E r l NIA Y UB- 9J774725 0127I2021 01/ 27/ 2022 EL EACt1 ACGUENi IF
OFFICETIR. IFMaER EXCLUDE 07 1 I 1,000, 000Mendtlory In Nil) F.J.. OISFASE- FA EMPLOYER 5 If ym, describe under
1, 000, 000OESG31Y1 ION OF OPERANDNSb . FL DISEA5E- POI ICY II YET $ Each Claim 3, 000, 000
PmlessloMlLia blliry;;,
C ClnlmiMadet AME700398- 02 01 D.-/ 12021 01/ 272022 Annual Aggregate 3, 000, 000 DESCRIPTION OF OPERATIDNS 1LOCAUCNS I VEHICLES( ACORD 101, FJdillontl RemsrXs Schedule, mey W WunheJ II more space Is mR II,, R l The City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers are Additional Insured for General Llabilit' 7 but only If required by written Contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage Is subject to allpolicy terms andconditions.'30daysnoticeofCancellation,acceptfor10daysnoticefornon-paymentofpremium.ForProfessdnalLlab:WftZR0V iQllAJ6k§ QRM timtl Is the total Insurance,avallabtofor all covered claims reportedWIND the policy period.
BY: y ..,----_
MICHAEL E. GATES
1 ?CM ATTORNEY
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Reach
ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main Street
AUTHOFV FD RFPRESFJ: TA1IVE
Huntington Beach CA 92648
m 1988. 2015 ACORD CORPORATION. All rights reserved,
ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORD
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Architectural Engineering
SERVICE DESCRIPTION: Architectural support for City' s annual Capital Improvement Program projects.
VENDOR: Johnson Favaro
OVERALL RANKING: 1 out of 25
SUBJECT MATTER EXPERTS/ RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Ave. of 93
Johnson Favaro— Minimum Qualifications Review
Total Weiohted Maximum
Criteria Score Score
Proposal Clarity 10 10
Qualifications 24 20
Staffing 24 20
Understanding and
Methodology 11 15
References and Background 9 10
Interview 15 15
Total 93 100
II. DUE DILIGENCE REVIEW
Johnson Favaro— Summary of Review
Excellent experience including community centers
Johnson Favaro— Pricing
Low end from $ 85/ hr
High end to $ 220/ hr for Principal
229
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Architectural Engineering
SERVICE DESCRIPTION: Architectural support for City' s annual Capital Improvement Program projects.
VENDOR: PBK- WLC
OVERALL RANKING: 2 out of 25
SUBJECT MATTER EXPERTS/ RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Ave. of 93
PBK- WLC — Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Proposal Clarity 9 10
Qualifications 23 20
Staffing 23 20
Understanding and
Methodology 15 15
References and Background 9 10
Interview 14 15
Total 93 100
Ill. DUE DILIGENCE REVIEW
PBK- WLC— Summary of Review
Excellent overall experience in beach cities including
fire and police stations, community centers, and
arks.
PBK- WLC— Pricing
Low end from 5105/ hr
High end to S255/ hr for Principal
230
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On- Call Architectural Engineering
SERVICE DESCRIPTION: Architectural support for City' s annual Capital Improvement Program projects.
VENDOR: Kitchell
OVERALL RANKING: 3 out of 25
SUBJECT MATTER EXPERTS/ RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Ave. of 92
Kitchell— Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Proposal Clarity 9 10
Qualifications 23 20
Staffing 23 20
Understanding and
Methodology 14 15
References and Background 9 10
Interview 14 15
Total 92 100
II. DUE DILIGENCE REVIEW
Kitchell— Summary of Review
Great experience with various facilities such as fire
stations and restrooms. In-house engineering and
architectural services
Kitchell — Pricing
Low end from S901hr
High end to S2501hr for Project Director
231
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On- Call Architectural Engineering
SERVICE DESCRIPTION: Architectural support for City' s annual Capital Improvement Program projects.
VENDOR: Westberg White
OVERALL RANKING: 4 out of 25
SUBJECT MATTER EXPERTS/ RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Ave. of 91
Westberg White— Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Proposal Clarity 9 10
Qualifications 23 20
Staffing 23 20
Understanding and
Methodology 14 15
References and Background 9 10
Interview 13 15
Total 91 100
II. DUE DILIGENCE REVIEW
Westberg White— Summary of Review
Good previous experience with Cit
Westberg White— Pricing
Low end from S70/ hr — _ ----
High end to $ 230/ hr for Principal
232
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Architectural Engineering
SERVICE DESCRIPTION: Architectural support for City' s annual Capital Improvement Program projects.
VENDOR: Studio One Eleven
OVERALL RANKING: 5 out of 25
SUBJECT MATTER EXPERTS/ RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Ave. of 89
Studio One Eleven — Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Proposal Clarity 9 10
Qualifications 22 20
Staffing 22 20
Understanding and
Methodology 14 15
References and Background 9 10
Interview 13 15
Total 89 t00
It. DUE DILIGENCE REVIEW
Studio One Eleven — Summary of Review
Good experience with urban design,
fa ade/ fronta e, and community engagement.
Studio One Eleven — Pricing
Low end from S95/ hr
High end to S240/ hr for Senior Principal
233
City of Huntington Beach
2000 Main Street Huntington Leach, CA 92648
714) 536- 5227 w1N,v.huntingtonbeachea. gov
Office of the City Clerk
Robin Estanislau, City Clerk
August 2, 2021
Westberg White, Inc.
Attn: Greg Beard
14471 Chambers Road, Suite 210
Tustin, CA 92780
Dear Mr. Beard:
Enclosed is a fully executed copy of the " Professional Services Contract between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering & Professional Consulting Services" approved by the Huntington Beach City Council on July 20, 2021.
Sincerely,
ems- q4fan, ClJ
Robin Estanislau, CIVIC
City Clerk
RE: ds
Enclosure
Sister Cities: Anjo, Japan • Waitakere, New Zealand