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HomeMy WebLinkAboutAGMT - Gillis + Panichapan Architects (On-Call Professional Architectural Services)PROFESSIONAL SERVICES AGREEMENT for On -Call Professional Architectural Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Gillis + Panichapan Architects 2900 Bristol Street, Suite G-205 Costa Mesa, 92626 (714)668=4260 This Professional Service Agreement ("the Agreement'') is made as of April 26, 20211 (the "Effective Date"j, by -and between Gillis + Panichapan Architects, Inc., a California corporation,:and the City of Seal Beach ("City'), a California charter dty, (collectively,' "the Parties"). RECITALS A. City desires certain on-call professional architectural services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional architectural services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional architects and are fullyqualified to perform the services contemplated by. this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively"Services") set forth in the Scope of Services attached hereto as Exhibit A andincorporated, herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in_accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby, represents that it has the experience necessary to undertake the Services to be provided. In light of suchfstatus and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall'perform the Services in such manner. Consultant shall, atalltimes, meet or exceed any and all applicable professional standards of pre. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2of16 1.5. Consultant will not be compensated for any work performed ;not specified in the Scope of,Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on April 26, 2021 and shall remain infull force and effect for a term of three (3) years ("Original Term") and shall expire at midnight on Aprif 26, 2024, unless sooner terminated or extended as°provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional termsof one,year each ("extension"), by providing written notice to Contractor at least one month prior to the;expiration of an existing,term: tf timely elected by the City, the first extension shall have a tern extending from April 27, 2024 through and including April 26, 2025, unless sooner terminated or extended pursuant to this. Agreement. If timely elected by the City, the second extension shall be from April 27, 2025 through and including April 26, 2026; unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized`representatives. 3.0 Consultants,Compensation 3.1. City will pay Consultant=in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A:for the Services but in no eventwill the City 'pay more than the total not -to -exceed amount of $300,000 for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 for each extension. 3.3. 'Consultant will not be compensated for any work performed not specified in the Scope of Services unless the'Cityauthorizes such work in advance and, in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additiona(work in excess of,this amount requires prior City Council authorizatio„n. Any additional work authorized by the City Council pursuant tothis 3of16 Section will be.compensated in accordance with the fee schedule,set forth in Exhibit A 4.0 Method of Payment 4.1, Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices,shall be,submitted within 15 daysaof the end of the month during which the Services were renderedandshall describe in detail the. Services rendered during the period, the•,days worked; number of h'ourwworked, the hourly, rates charged, and the Services performed for each day in the period. City will pay, Consultant within 30 days; of receiving Consuftanfs invoice. City will not withhold any applicable federal or state payroll and other required taxes; or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall', allowCity or City's agents or representatives,to inspect at Consultant's offices,during reasonable business hours: all records, invoices, time cards, cost control;sheets,and other records maintained by Consultant in:connection with this Agreement. ,City's rights under this Section4.2 shall survive for three (3) years following the termination of this Agreement. 6:0 Termination 5.1. This Agreement, may be terminated by City; without cause, or, by Consultant based on reasonable; cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or, replacement of comprehensive. general liability insurance as required' by this Agreement at least20 days before the expiration date of the:previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of 'this Agreement. 6.2. Jack Panichapan is the Consultant's primary representative for purposes of this Agreement Jack Panichapan shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change; lits representative without the prior written approval of City, which approval shall not be unreasonably withheld. 4of16 7.0 Notices 7A..AII notices permitted or required under,this Agreement shall be deemed made when personally delivered or when mailed.48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Gillis + Panichapan Architects 2900 BristofStreet, Suite G-205 Costa: Mesa, 92626 Attn: Jack Panichapan 7.2. Actual notice shaWbe deemed adequate notice on the date actual notice occurred, regardless of the methodof service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services, provided pursuant to this Agreement shall be performed by Consultant or by Consultant's" employees or other personnel under Consultant's supervision, and Consultant and all of .Consultant's personnel shall possess' the qualifications; permits, and licenses required by State and local law to perform such Services;, including, without' limitation, a City of Seal.Beach business license as required by the'Seal Beach Municipal Code,,Consultanhwill determine the means, methods; and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work _performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 82. All of "Consultant's employees and other personnel performing any of the Services under this Agreement on, behalf of Consultant shall also not be employees of City and shall at all times be under Consultants exclusive direction and control. Consultant and Consultants personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or Aisplay any City uniform; badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not ;use any City e-mail. address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole ;cost and expense; such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by, this Agreement. Consultant shall perform all Services off of City premises at locations 5 of 16 of Consultant's choice, except as otherwise may from fime to!•time:be necessary in order for Consultant's personnel.to receive projects; from City,review, plans on file at City, pick up,or deliver any.workproduct related to Consultant's performance of any Seniices under this Agreement; oras may, be necessary to inspect & visit City locations and/or private; property to perform such Services: City: may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and ,pay alfwages, salaries; benefits and other amounts due to Consultant's personnel in connection with their performance of any, Services under this Agreement and ;as required by ',law: Consultant shall be responsible for all reports and obligations respecting such additional personnel, including but not .limited to: Social Security taxes, other retirement or pension benefits; income; tax withholding, unemployment insurance; disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors, providing, any of the Services under this ,Agreement shall not become entitled to, and hereby waive: any claims to;. ariy wages, salaries„ compensation, benefit or any incident:of employment by City, including but ,not limited to, eligibility to enroll in, or reinstate to membership in, the„California Public Employees Retirement System.(” PERSI as anerriployee of City, and entitlement to any contribution to be paid by dty for employer,contnbutions or employee contributions The PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees,, servants; designated volunteers, and agents serving windependent contractors in the role of City,officials; from any and all liability, damages, claims, costs and" expenses of anynature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused.by or -relating the violation ofany°of the provisions,ofthis Section 8.0. In addition to all other remedies: available under law,. City, Shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultants failure to proniptiy pay to City any reimbursement or indemnification arising'under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth :in any other provision of this Agreement. This duty shall survive the expiration or termination of this Agreement. 9.0 PERS Compliance and Indemnification 9.1,. General Requirements. The Parties acknowledge that City is a,local. agency member of PERS, and as such has certain; pension reporting :and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees 6of16 that, in providing its employees and any other, personnel to City to perform any work or'other Services under this Agreement, Consultant shall assure compliance with the Public,Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation'•to the foregoing, Consultant shall assure compliancewith regard to personnel .who,have active or inactive, membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall_ not unreasonablybe,_ withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from 'any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by,, or relating to Consultant's violationof any provisions of this Section 9.0. This duty' of indemnification is. in addition to Consultant's duty to defend, indemnify and hold harmless at forth in any other provision of this Agreement. This duty.shall'survive the expiration or termination of this Agreement. Mo Confidentiality Consultant covenants that 'all data, documents, discussion, or other information developed or received by -Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City'shall 'grant such authorization if applicable law requires disclosure: All City data shall 'be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement 110 Subcontractors No portion of this Agreement shallbe subcontracted without the prior written approval of the City. Consultant is fully responsible•to City, for the performance of any and all subcontractors. 12.0 Assignment. Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall 'be void and without effect. 13.0 Ownership of Documents and Work Product 13.1 All documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by Consultant pursuant to this Agreement ("Written Products) shall be and remain the property of 7of16 City Without ,restriction -or limitation upon its use, duplication;ordissemination by City. All Written Products shall be considered "works made for hire;" and all Written Products and any. and, all intellectual property rights arising from their creation, including,.but not limited to, all copyrights and other proprietary -rights, shall be and remain theproperty,:of City without restriction or limitation upon their use, duplication or dissemination by City:. Consultant shall not obtain or attempt;.to obtain •copyright- protection as to any Written Products. 13:2 Consultant hereby assigns to City all ownership and, any and' ;all intellectual property rights to the Written Products thatare not otherwise vested in City pursuant•to the paragraph directly above this one. 13,3 Consultant warrants and represents that it has• secured all necessary licenses, consents orapprovals to,use any instrumentality, thing or componeni.as.to which -any intellectual property right exists, including computersoflware, used in.the rendering of the Services and the -production of all Written Products produced under this Agreement, and'that,City has full legal -title to and -the right to reproducethe.Vllritten Products. Consultant • shall defend, indemnify and hold, City, and jits elected officials, officers, employees, servants, attorneys, designated volunteers, and: agents serving as independent contractors in the role of City officials, harmless from�any loss, claim or liability:imany way related to a claim that City's use(of any of'the WrittenProducts is violating federal, state or local laws, or any contractual provisions, or any, laws relating to trade. names,. licenses, franchises, copyrights, patents or other meansof protecting intellectual property rights and/or interests in products or inventions: Consultant shall bear all, costs ;arising from the use of patented; copyrighted, _trade secret or trademarked documents, materials, equipment, ,devices or processes: in connection with its provision of the Services and Written Products produced under this Agreement. In, the evenfthe use'of any of the Written. Products or other deliverables hereunder by City is held to constitute an infringement and4he.use of any of thesame is,enjoined, Consultant,at its,expense, shall: (1) secure for City the right to continue using the Written Products and other deliverables by suspension,oflany injunction,;or by procuring a license or licenses for City; or (2) modify the Written! Products and other deliverables so that they become non -infringing while remaining, in compliancewith the requirements of this Agreement. This covenant shall survive`the expiration and/or termination of this Agreement. 13.4 Upon expiration or termination of the Agreement„ Consultant shall deliver to City all Written Products and other deliverables related 4o.any Services ,performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on computer, Consultant shall provide'City wit/ said'docunient. both in a printed format and in an electronic format that is acceptable to City. 14.0 Inspection and Audit of Records Consultant shall maintain' complete and accurate: records with respect to all Services and other matter`s covered under this Agreement,' including but expressly not limited to, 8 of 16 ,all Services performed, salaries, wages, invoices; time cards, cost control sheets, costs, expensesi;receipts and other records with respect'to this Agreement Consultant shall maintain adequate records on the Services provided insufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified anis readily accessible. At all times during regular business hours, Consultant shall providelCity with free;acoess to.such records,;and the right to examine and audit the same and to make copies and'transcripts as City deems necessary, and shall allow inspectionofall program, data; ;information, documents,; -proceedings and activities and all other matters related to^the performance of the Services under this Agreement Consubnt;shall retain;all financial and program servioe:records and all other records related to,the'Services and performance of this Agreement for at least three (3) years after expiration, termination or -final payment.underthis.Agreement, whichever occurs tater. City's rights under this Section 14.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 15.0 Safety Requirements All work performed under this Agreement shall .be performed in such a manner as to provide safety to the public and to meet or exceed the safetystandards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful ads are observed: or reported relative to; the performance of the Services. Consultant shall maintain thework sites free of hazards to. persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 16.0 Insurance 16.1. Consultant shall not commence work under this Agreement until it;has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and.endorsements effecting coverage required by this Agreement on fortes satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by person authorized by that insurer to bind coverage on its behalf, and shall be on forms' provided by the City, if requested; All certificates and endorsements shall be received and approved by,the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 16.2 -Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connectiomwith the performance of this Agreement. Insurance is io be placed with insurers with a current A.M. Bests rating no less than A:Vlll,.licensed to'do business in'Celifomia, and satisfactory to the City. Coverage shall be• at least as broad as the latest version of the following: (1) General Liability: Insurance ServicesrOffice Commercial General,Liability coverage (occurrence forth CG 0001); and ,if, Consultant, is a limited liability company, the commercial general liability coverage -shall beamended Sorthat Consultant and, its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are 9of16 insureds; (2) Automobile Liability:, nsurance Services,Office Business Auto Coverage form number CA 0001, code 1 (anyauto);,,(3) Workers' Compensation and Employer's Liability coverages; and (4) Professional Liability coverage (or,ErroMand Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2;000,000 per occurrence for bodily injuryi personal injury and property:daniage and if Commercial General Liability Insurance or other form with a general aggregate limit is :used, either the general aggregate limit shall apply separately to this Agreement/location, or the general aggregate limit shall be twice the required occurrence, limit; (2) Automobile Liability: $1,000,000 per accident for bodily, injury and property damage; (3) Workers' Compensation inthe amount required by law and Employer's Liability:; $1,000;000 per accident and in the aggregate.for bodily'injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000;000 per claim/aggregate, and if, a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 16.3: The insurance policies shall contain the following provisions, or Consultant shall provide endorsements.on foims supplied or approved by the City to stater (1) coverage shall not be suspended, voided. reduced or canceled :exoept after 30.days prior written notice by,certified mail, return receipt requested, has been given the City;(2) any failure to comply with reporting or other provisions of the:policiesi including breaches of warranties, shall not affect coverage provided to the City, its elected officials; officers; employees, -agents, designated volunteers, and agents serving as independent contractors in the role of City officials; (3) coverage shall be pn.mary'insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteersand agents serving as independent contractors'in the role of GCty officials, or if excess, shall stand in an unbroken chain of coverage excess of S6 Consultant's scheduled underlying coverage and that any insurance or self-insurance; maintained by the City; its elected officials, officers; employees; agents. designated volunteers designated volunteers and agents serving as independent contractors inthe role of City offiaals, shall be excess of the Consultant's insurance; and shall not be called upon to contribute+with it; (4) for general .liability insurance, .that the City,, its directors,. officials, officers, employees, agents and volunteers .shall be covered' as additional insureds with::res .._ ped to the services or operations performed;by or on behalf'of'the Consultant, including materials, parts or equipment fumished. in connection with such work;°"and (5) for automobile liability, that the City,.its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent "contractors in the role of City officials; shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading:or unloading of anyauto owned, leased;; hired'or borrowed by the Consultant or for which "the Consultant is responsible. 16.4. Altinsurance required by this:Section:shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its elected officials, officers; employees, agents;: designated volunteers'and *agents serving as independent contractors in role of City officials; 10 of l6 16.5. Any deductibles or self-insured retentions shall be declared to ;and approyed:bythe City: Consultant guaranteesthat; at the option of the City, either. (1) the insurershall reduce or eliminate such deductibles:orself-insured retentionsas respects the City;, itselected officials,, officers, employees, agents, designated volunteers%and agents serving as independent contractors in the role of City officials; or (2) the Consultant shall procure' a bond guaranteeing payment of losses and related investigation costs, claims and+administrative and defense expenses. 16.6. Each insurance policy required bythisAgreement shall expressly waive the insurer's:nghf;;of'subrogatiomagainst City and`its elected officials, officers, employees, agents, designated volunteers andiagents serving as independent contractors in the role of City officials. 17.0 Indemnification; Bold Harmless; and Duty to Defend Consultant and the City agree that the City,; its elected officials; officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as ind6pendent contractors in the role of City officials (collectively "Indemnitees" in, this Section 17.0) should, to the fullest extent permitted by law, be fully protected from, any loss; injury, damage, claim; liability, lawsuit, cost expense, attorneys'fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, fhe provisions of this indemnity provision are, intended ,by the Parties to be :interpreted and construed to provide the fullest protection possible under tte law to'the City and all, other Indemnitees. Consultant acknowledges' that the City would not have enteed into this Agreement -in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 17:1. Indemnity for Design Orofessional''Services.'To the fullest extent permitted by law; Consultant shall, at it&We costand expense; indemnify and hold harmless the City; its elected officials, officers; attorneys; agents,.employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively"Indemnitees" as defined,above in the preamble to this Section 17.0), from and against any all damages, costs, expenses, liabilities, claims, demands, causes of actiom,proceedings, judgments, penalties; liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith,and reimbursement of attomeys'' fees and costs of defense (collectively "Claims"), whetheractual, alleged -or threatened, which arise out of, pertain to, or relate to; inwhole or in part, the negligence; recklessness or willful misconduct of Consultant, and/or its officers, agents; servants; employees; subcontractors, contractors or their officers, agents; servantsoremployees (or any entity or individual that Consultant shall bear;the legal`liabilitythereof) in the performance of design professional.services:under this Agreement'6y a "design professional," as the term is defined under,Califomia Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code §:2782.8(a), in no event shall.thecost to defend the Indemnitees that is, charged to Consultant exceed Consultant's proportionate percentage of fault 11 of 16 17.2. Other Indemnities. Other than, in the -performance of: design professional servioes and to the fullestextent permittedby law, Consultantshall„at its sole=stand expense, protect, defend, hold harmless and,indemnifythe Indemnitd6sfrom Arid against any and all.damages,.;costs, expenses, liabilities, claims, demands, causes of action„ proceedings; judgments, penalties, liens andlosses of any nature whatsoever including fees of accountants, attomeys and other professionals; and all costs associated therewith, and the payment of all,consequential damages (oollectively 'Liabilities"), in law orequity, whether actual, alleged. or threatened, which arise oufof, pertain ,to; prrelate to the acts or omissions of Consultant, its officers, :agents, �seniants, employees,. subcontractors; materialmen, suppliers, or.contractors, or their, agents,, servants or employees (or any entity or individual that Consultani;shell bear the'legal'liability thereof) in the performance of this Agreement; including the Indemnitees' alive or passive, negligence,. except for Liabilities arising from the sole .negligenoe or willful misconduct of the,,indemndees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees, in; any actiomdr actions filed -in connection with any Liabilities;wilhcounsel of the Indemnitees' choice , and shall pay all costs and expenses, including.all attorneys' fees arid.experts' costsiactually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs inured by -the Indemnitees inoonnection,therewith. 17.3. Subcontractor Indemnification. Consultant shall obtain;executed indemnity agreementswith provisions identical to those in -this Section 17.0 from eachiand.every suboontractoror any other person orentity involved by, for; with oronbehalf of4ConsUltant in the performance of,this Agreement If'Consultant failshto obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the: Indemnitees from and against any and all Claims in,lawor equrfy„whetheractual, alleged or threatened, which arise out of, are claimed to arise: out of, pertain to, oe relateto the acts or omissions of Consultant'ssubcontractor; its officers; agents, servants, employees; subcontractors;:materialmen, contractors or theiroffrcers, agents, servants or employees (or,any entity or individual that Consultant's subcontractor shall bear the legal liability thereo in the: rfonnance of. this Agreement including.the .Indemnitees' active or passive negligence, except for Claims or Damages ansing from the sole negligence or willful misconduct of the Indemnitees; as dgtermined'by final arbitration or court,decision or by the agreement of the Parties. 17.4:, Insurance Not Limiting. The obligations of Consultanta under this or+any other provisionof, this Agreement shall not be limiled :by theprovisions.of any workers' compensation,act or'similar act.. Consultant expressly` waives any=statutory, immunity under such statutes -or laws as to the Indemnitees: Consultant's indemnity obligation set forth in this Section 17.0 shall not be limited by the limits of any policies .of insurance required or provided by Consultant pursuant to this Agreement. 17.5. Survival.. Consultant's covenants under this Section 17.0 shall survive the expiration or termination of this Agreement. 12 of 16 1&0 Equal Opportunity Consultant affirmatively represents that itis an equal' opportunity employer. Consultant shall, not discriminate, against any subcontractor, employee, or applicant for employmentbecause of race, religion, color; national origin, handicap, ancestry, sex, sexual. orientation, or age: Such non-discriminatiomincludes, but is not limited to, all activities related to initial employment; upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19:0 Labor Certification By its signaturehereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation` or to undertake self-insurance in accordance with the provisions of that Code; and agrees'to comply with such provisions before commencing the' performance of the Services. 20:0 Prevailing Wage and Payroll Records To the extent, that this Agreement calls for services that, in whole or in part, constitute "public works'' as defined in the California Labor Code, then Consultant shall comply in all respects with, all applicable provisionsof the California Labor Code, including' those set forth in Exhibit B, attached hereto and incorporated by referenceherein. 21.0 Entire Agreement i This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement mayonly be modified by a writing signed by both Parties. 22.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other, provisions of this -Agreement. 23.0 Governing Law This,Agreement_shall be governed'by and construed in accordance with the laws of the State of California. 24.0 No Third Party Rights No third partyshall be deemeddo have any rights hereunder against either party as a result of this, Agreement. IYof 16 25.0 Waiver No waiver of any default shall constituWa,waiver of any otherdefault or breach, whether' of the same or other3covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall,give the other party any contractual riglits by custom, estoppel, or otherwise. 26.0 Prohibited Interests; Conflict of Interest 26.1. Consultant covenants that it presently has no interest and shall not acquire any interest; director indirect, which, may; be. affected by the Services; orwhich would conflict in any manner with the performance of the, Services. Consultant further covenants that, in performance- of this Agreement; no person having any such interest shallJbe employed by ft. Furthermore, Consultant shall avoid the appearance of haying any interest, which would conflict in any manner with the perforniance of the Services.. Consultant shall not accept any employment or representation during the term of this Agreementwhich'is or.may likely"make,Consultant"financiallyinterested" (as provided in California Government Code §§ 1090;and.87100) in any decision made byCity 'on any: matter in connection with which Consultant has been retained. 26.2: Consultantfurther warrants and maintains that it has :not employed :or retained any person or entity, other than a'_bonafid&employee working exclulsiyely',for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission; gift, percentage, or any other consideration contingent upon,the execution of this Agreement: Upon any breach or violation of this warranty, City -shall have the right, at;its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sumsipayable;to Consultant hereunder the full amount or value of any such fee„ commission, percentage or gift. 26.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest; whether contractual. non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant; and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately: make a complete, written disclosure of such interest to City;, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 27.0 Attorneys' Fees If either party commences an action against the iother party, either legal, administrative or otherwise, arising out of or in connection' with this Agreement, 14 of 16 the prevailing,party in such litigation shall be entitled to have and recover from the losing party all of its'attorneys' fees and other costs incurred in connection therewith. mo Exhibits All exhibits referenced Jn this Agreement are hereby incorporated into Ithe Agreement as if set forth in full herein. In. the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of (this Agreement, the terms of this Agreement shall control. MO Corporate. Authority The person executing this Agreement on behalPof Consultant warrants that he or she:is duly authorized to execute this Agreemenfon behalf of said party and'.that by his or her execution, the Consultant is :formally bound to the provisions of this Agreement. 15 of 16 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized" representatives havesexecuted this Agreement as of the date:arid yearfirst above written. CITY OF SEAL BEACH By:, JiM. Ingram,.Cay Manag F =ao Attest: 9 0� By: 9 �f Gloria D. 1VPer, Wy Approved as t or By: raig A. Steele, City Attorney CONTRACTOR: Gills + Panichapan Architects, a. California corporation By: Secretary 'lease note, two signaturesrequired for corporations pursuant to California Corporations Code Section .313 from each of the following categories: (i) the chairperson -of the board, the president or any -vice president, and (ii)'the secretary, any assistant secretary. :the chief financial officer or any assistant treasurer of such corporation.; 16 or 16 EXHIBIT A Consultant's Proposal (:'hc+ 2nnlr q i rlchn r me. Jack{Pdnic'h'apan; ;AIA;rEEDtAP' to inoiOd-EO; Gillis+�Parnchapan�Arcfiitects�lnc: 12900, t'oltStreet ;Suite),Gj205' - vCo§ta�Mesa {926261 jjac k@gp a rctiitects:org del 71!4:668 42b0, i Fax. ;74 _4G668A4265 0 ® 0 . •. - TSV �.' �M.iI T.._._` .. CV OF SEAL BEACH- PROPOSAL FOR OM -CALL SEPIACES Table of Contents of I.- ..... -............. --1 -.-I ..... ...... ............ ........ ...... - ........... . ........ -..- ....... Cover Letter ... ................ ............... ....... ........ 02 ........................ .. ..... Firm Information03 ............................... .............................. .... ....... ............................... - On Coll Approach ....... ... - ... ................................................ .................. 05. .... M.P!gqnizotion .......................... ... ....... ................ .................. ......... ....................08. . Experience ............................ ........................ ............. .FirM Experience ....... 09. - .......... .......... ......... . ...... .. ResumResumes es ........................................ - .......................... I ............. 14 Similar Work1.9. ........... ......... - ..... ................... .......... - .......... ........ . - Project.Moncgement.......................... ...................................... ....... ... ...20 References — — 1..............................22. . .......................................................................................... .......... ,--I Page 01 Cli I OF SEAL BEACH- PROPOSAL FOR ON-CALL SERVICES APRIL 13, 2021 CIN OF SEAL BEACH Re:, PROPOSAL FOR ON-CALL SERVICES- Professional Architecture Services Steve Myrter, Weare pleased to forward to youour proposal for On -Call Services for Professional Architecture Services for the City of Seal Beach. Our work experience involves collaboration Win Municipal and Water District agencies on a broad range of projects in complexity, scope of work, and size: • Wespecialize in the providing. services for new.ground-up and rehabilltation of publicbuildings. police .and fire training facilities, Civic Centers, educational facilities, public works facilities, waterdistricts from conceptual design through to project move -in. • We believe sustainability and life cycle cost efficiencies as a cornerstone of our work. Our goals are. to develop the optimum balance of comfort, ease of maintenance, and cost efficiency to[ yourfuiAe' facility. • Our skills and the experience encompass working with helping the City to visualize their future facility as the design develops. we credible to generate 3-d conceptual models, and clear graphics that communicate a project's intention at the earliest stages. We believe our experience, size, flexibility, and range of.skills willbe ideal to suit the .City'sineeds: Gillis + Ponichopon Architects lnc..(GPo)'is a full-service: Architectural. and Interior Design firm,with'over thirty yearsof experience serving, Cities, Water District, and various Public Agencies throughout California: Our successful experience: with these. Agencies leaves us with a great depth of intimate knowledge thatwecan bring forward specifically to the City of Seal Beach. We are pleased to submit our qualifications, and hope to have the opportunity to further demonstrate our enthusiasm, and express our experience in more detail. Respectfully, r Jack Panichapan, AIA, LEED AP, President, CEO jock@gporchitects. org 714-668-4260 Page 02 CIN OF SEAL BEACH- PROPOSAL FOP, ON-CALL SERVICES IT, A ky1 I �0 COMPANY BACKGROUND Outwork encompasses large range of diversity and scale of project type. Beyond entire building and campus design, some of our efforts have been focused on interior renovation projects. These include projects for the University of. California, Irvine, the City of Lang Beach, and Orange County Public Works. With nearly every project completed for,our clients; we have workshops showcasing renderings and interior models to helpeveryone, including building inhabitants, and associated consultants have a clear sense of the direction development of the design. This process can take place at the earlieststages of public and community outreach. In each and every project, we are involved in space planning and furniture procurement. Our office is full service and "encompasses both Architecture and Interior Design. We are involved from early stages of programming all the way to the move incoordination up to opening day. We haveaecentlycompleted projects for the San Gabriel City yardsand the Westminster Corporate Yard. Both incorporate large administrative building offices for the citymaintenance staff, along with the associated complex service yards. Our 22,000sf headquarters of the Mojave Water Agency Building attained LEED GO1.6for its design. We also just completed with the Water Replenishment District of Southern California on the GRIP facility. We are currently working with the City of Long Beach on the LB MUST project which will also be LEEDv4 certified. GPAS PHILOSOPHY We have completed a large breadth and variety of projects for Public Agencies all over California, with each one being uniquely different based on the respective needs and regional aspirations. Even though, building and project types.may be similar, each project is distinctly unique to our Clients. We believe the foundation for the project starts with the gools and visions of our Client. We guide our clients Into making small decisions at a "step by step" basis with number simple strategic questions that can move a project forward rather than overwhelm. Our strategy of collaboration can provide an overall sense of ownership and pride for ourclients in the direction and outcome a project. The client's involvement at every step of the process allows an open door to communication and flexibility while the directioniond goals of the overall project are kept under control.. With strategically placed interactive workshops with our clients, we are able to achieve a better understanding of the client's conditions and needs. We also make sure to consider the anticipated personnel growth of the organization as it plays a vital role when it comes to the overall project. OUR UNIQUEPOSITIO The vast majority ofyour company's clients are public agencies, approximately 99%. Most of our clients are repeat clients and referrals. Also, being involved with public agencies for nearly 30 years we understand that often times decisions are driven by more than just functional and budget needs and there ore a multitude of complex decision-making factors. A key distinguishing factorof our firm is Jack's (Principal. and CEO)involvement throughout the duration of the entire project:. He is there in the initial stages conducting intemews and is there at the end when the project is complete and theclient is�back to normal operation. His hands-on approach and constant interaction with the client can offer the reassurance that the final product will be the best solution for their organization to function effectively and best serve their staff and customers moving forward. In the end we know that a successful space and moster plan reflects Our success as a firm, but more importantly in its ability to play a defining role in the occuponts' well-being for many years to come. Our company also understands' and takes into consideration the constant technological advances and social evolution In work collaboration and space planning. As a result, we stay on top of these changes and incorporate them as deemed necessary all the while taking into consideration the client's specific needs and budget. a •'-`Page, 03 Clr! OF SEAL BEACH- PROPOSAL FOR Ohl-CA.LL SERVICES • Disadvantaged Business Enterprise (DBE), California Unified Cerfiflcation,Program • Small Business Enterprise (SBE). DGS California Department: of General, Services • Minority Business Entity (MBE), The Supplier Clearinghouse LICENSED PROFESSIONALS Jack.Panichapan- Principal/CEO • Professional Architect, CA, 29344 • Professional Architect, IL, 001-01 81 09 • LEM Accredited Professional Vic Nguyen- Design Director/Project, Architect • Professional Architect, CA, C-30250 • LEED Accredited Professional Kent Klueter- Project Architect Professional Architect, CA, 25189 LEED Accredited Professional Poge 04 Cli i OF SEAL BEACH- PPO.r'OStL COP Orl-CALL SERVICES OUR WORK PLAN ON -'CALL APPROACH UNDERSTANDING AND OBJECTIVES We have the professionals, experience, and expertise for municipal and civic design and planning to achieve your objectives in a timely and cost-effective manner es a part of the City's On -Call Architecture Team. Our main objective is to meet and exceed your goals for oil projects that require architectural assessment, planning, and; renovation. Whether it be aretrofit 'or ground upnew facility, we will work very closely with the City i and stakeholders to define and understand how dmeet your objectives. This includes selecting the appropriate teammembe�s; using resources effectively,,preparing a schedule with clear and feasible milestones and deadlines, and offering a fair and competitive. budget. After you select us.for on'assignment„we will meet with you before proceeding to review and confirm the scope of services, schedule. and fee. We pride ourselves on continuously seeking innovative approaches and solutions for design and problem solving. During fhe project, we voll,expare value engineering opportunities to reduce optimally costs to the project. In addition, all deliverables will undergo a thorough review, Prior to each submittal, our attention to detaithelps ensure that all deliverables from each -design discipline are well -coordinated. This is accomplished by'electronic file sharing, face-to-face coordination meetings.and in-house QC remew&pricr to submitting each project progress phase deliverables. We also have BIM software to effectively highlight items of needed coordination and refinement. LIST AND DESCRIPTION OF POTENTIAL EFFORTS WE OFFER: • NEEDS ASSESSMENT • The needs assessment is a fundamental step in discovering the vital issues of the buildings program, scope of work, and current and/or future needs. -Completion of the assessment will effectively dictate staff/ building planning and future renovations for years to come. We have completed needs assessments serving as a foundation to design planning and budget for municipal facilities in a vast range of types, needs, and sizes. • PROGRAMMING'&.REVIEW OF. PREVIOUSLY DEVELOPED ARCHITECTURAL PROGRAMS • We help the IIclient]o review and assess previous studies of'thelr existing facilities and develop a solid program that initiates the :physicalbuilding design process. • SITE ANALYSIS AND'.FEASIBILITY STUDIES • Our site studies regard the community, codes, zoning, ease of circulation, department Infrastructure, urban infrastructure and transportation, and areoffers aligned with maximizing passive sustainable strategies. Our in-depth site analysis regards the community context, codes, zoning, ease of circulation, department infrastructure, urban infrastructure and transportation, and ore often aligned with maximizing passive sustainable strategies for Urban Design and Master Planning. • SPACE PLANNING • Stemming from our expertise and experience with office planning, we would develop design schemes for workstation layouts needed for optimal function of the client within a given space. • CONCEPTUAL/SCHEMATIC STUDIES • We work. closely the client developing ideas and the program to ensure that thel design from beginning"to ..end Is an,express'ion of the needs and budget while having the design enhance connectivity within the surrounding community. • 3-D MODELINGAND RENDERING SERVICES • We render buildings andspaces to convey to our clients and the surrounding community vivid 3-dimensional characteristics of the proposed design from schematic design to design development. 01Y OF SEAL BEACH- PROPOS,�L FOR Ord -CALL SEP)ICES • SCHEMATIC DESIGN; NEW LAYOUT, EXISTINGPLANS, RENOVATION AND RESTORATION PLANS, AND DEMOLITION PLAN. We work closely with the City developing ideas and the program to ensure that the design from beginning to end is an expression of the client's needs and budget while having the design enhance function and safety of the facility while. maintaining connectivity within the surrounding community, • DESIGN DEVELOPMENT OF FACILITIES AND PARKS, INCLUDING ELECTRICAL, PLUMBING. HEATING AND�AIR CONDITIONING' (HVAC) PLANS • Above and Beyond working to develop Mechanical, Electrical and Plumbing systems for Facilities and Parks, we workwith many additional disciplines as well including 5lrociuraltin gineering, Landscape Aichitects and Civil Engineer. • PROJECT ADMINISTRATION &. MANAGEMENT SERVICES We have a wealth of-experlence in, orchestrating consultants and the team to ensureintegrity remains in the function and intent of design throughoO the process. • ENTITLEMENT PROCESSING We have experience with CEQA and California Coastal Commission procedures, cs'.well as local city planning and plan check procedures throughout California. In every.step of the way weare',there'to. communicate solutions to community sensitivities and facilitate an expedient entitlement., • SITE DEVELOPMENT PLANNING • Our experience ranges from,designing moster plans for complex ciN yord facilities, campuses for water districts, tosmallerurban infill projects and projects that involve challenging topological conditions. HISTORIC PRESERVATION PLANNING, REVIEW, AND DESIGN • Restoring historic city buildings (including the Irving Gill designed Oceanside City Hall), members on our team hove, had a,rich experience with work on renovot16h of sensitive historical landmark buildings, and working with historical landmarks preservation committees. • ADA COMPLIANCE REVIEW PLANNING AND RETROFITS Many of our projects -have involved older existing buildings with often tight and complex conditionsin which weresolve and retrofit for ADA compliance. • SCHEDULE DEVELOPING • We have a wealth of experience scheduling and .phasing projects for design and construction, including for existing facilities, many whichallow for continuousoccupancy during, construction. CONSTRUCTION DOCUMENT DEVELOPMENT, SPECIFICATION WRITING • Our office provides precise construction document work; often lending to minimal change orders resulting in,projects that have a high likelihood of on time and onbudget. COST ESTIMATING. SERVICES • We can provide the client,, lient with good conceptualaost estimates based on our experience and History with working on a large range and variety, of municipal project types..For in depth cost analysis during design development, we work with on experienced team of costestimators that can give specific construction costs to help us meet the budget during design, • CONSTRUCTION MANAGEMENT INCLUDING INSPECTIONS • We work closely with Griffin Structures- A construction management company that has decodes of experience In the construction of Civic projects. We have a wealth of experience in orchestrating consultants and the team to ensure integrity remains in the function and intent of design throughout the process. • CONTRACT BIDDING AND/OR NEGOTIATIONS SERVICES, I.E. CHANGE; ORDERS, ETC. During construction, there could be added value in spotting solutions that can improve the building and: save costs°which results in change orders during construction. We would`be there to rectify the situation and clarify this with the client oodthe teom,to ensure the project iemains on schedule and on budget. Page 06 OF SEAL BEACH- PROPOSAL FOR ON-CALL SER1BCES • CONSTRUCTION CONTRACT! ADMINISTRATION • In order to ensure quality, we recommend being retained for construction administration. We are there to verify that the building meets the design intent, quality, as well as code and energy issues as depicted on the construction documents. • INTERIOR DESIGN, INCLUDING SELECTION AND/OR DESIGN OF FURNITURE, FIXTURES AND EQUIPMENT GPa can provide design and/or recommend selection,of furniture, fixture and equipment. We have extensive experience and expertise, in office planning. and interior design and can provide these services. We foresee the coordination of workstations,. and general equipment and furniture that correlate to interior design, • Furniture Evaluation, Selection and Implementation • Define selection criteria and guideline specifications • Define panel, electrical and component requirements • Develop Detailed Office'and Workstation Plans • Oversee Development of FinalFurniture Shop Drawings • Oversee the Finol:Purchase Order Requirement • Prepare Furniture Installation Punch list MOVE MANAGEMENT SERVICES Our team has a lot of experience in regards to move, management services. Many of our projects involve construction during occupancy where we have assisted the client temporarily relocate from one area to another. • SUSTAINABLE DESIGN AND/OR LEED. DOCUMENTATION 'SERVICES Our -standard practice is sustainable design. Our staft'Is LEED accredited and are experienced with helping the.project attain LEED certification when necessary. COORDINATION WITH OTHER CONSULTANTS, AGENCIES, AND UTILITY PURVEYOR We have a wealth of experiencein orchestrating consultants and the team to ensure integrity remains in the function and intent of design throughout the development of the Project. OTHER MISCELLANEOUS ARCHITECTURAL SERVICES • Specification Writing • Construction Contract Administration • LEED Documentation Services • Historic Preservation Planning, Review, and Design Poge 07 CITY OF SEAL BEACH PROPOSAL FOR ON-CALL KMACES O.1'000'0 0 13 M B O fSEgt N. m r OFr-pec`% 0 08 © � • a•a • a FIRM EXPERIENCE r ON' c z�i lig +��5 glLrl tf, Pjjll'tli�IlR "' �rl q$L l my K�I �il�IilTy�1��t��I I' 1( i''� Mffi � ""1.:��-�---� �i,;# tinsl.clr9.:11L �r Fill Its Replenishment District of Southern California DESCRIPTION WRD isdeveloping an advanced reclaimed water treatment implementation of the final design aligns with the established campus ($100 million construction cost) that includes an budget,. needs, and goals for the architectureof new facility. approximately 45,O00sf treatment plant process building Throughout the development of the project this can be and an approx. 24.150sf two story. Administration and Visitors implemented with workshops. The facility achieved LEED Building. Platinum. During the course of development. GPa developed the CONTRACT VALUE: $875,000 (Architecture only) general architectural aesthetic of the buildings; and, site landscapeconceptsandtheme through several phases. of CONSTRUCTIONBUDGET: $100,000,000 public outreach- input with the surrounding community. The - goal was to have a buildingand a campusthat facilitated a DATES OF SERVICE: 2019 welcomeconnection to the community The:Design was developed" through' stages of Design -Build CLIENT REFERENCE wlth,an architectural philosophy, which is consistent with the theme and character that has been established by 'WRD �--- - - Charlene ICng �^ Associate Engineer In terms of outdeor°connections, views, and transparency. CIOL _) We worked`interactively with WRD in order to ensure 4hct the u'm .. F, -m7 u;_,..5: „- 562-275-4252 :eking@wro.org DESCRIPTION: It has been approximately Ten years since a needs assessment was completed and there havebeen potentially organizational and infra -structural chcnges over the years that require the Town Master Plan Study to be re -assessed and revised. GPO had assisted the Town of Yucca Valley to develop a report to determine o compatible new program to occupy the infrastructure of the ebsting mid=20th century bank facility locoted at 57271 Twenty-nine Palms Highway.Yucco Valley, CA 92284. Programming and architectural/ engineering assessments of the eAsting building were provided in this report. GPa provided the; Town of Yucca Valley with threesepdrate schemes: community library, combination hi -desert museum and California welcome center, and hi - desert museum. With three, separate programs and Conceptual plans developed, it was determined that the County library program would be the most 'optimal fit. A conceptual plan of renovation of the bankwere developed to depict its library use as one of three schemes..Recently GPa completed performing do _.... 10 �9e. I Town'of Yucca valley the next stages of design services (schematic design through construction administration) for the Architectural and Engineering for the renovation of the former Bonk Building into the County Library, CONTRACT VALUE: $331,000 CONSTRUCTION BUDGET: $2,500,000 DATES OF'SERVICE: 2020 L� ren= -- wi'rs.�-„�at•i IM CLIENT REFERENCE: Shone R. Stueckle Deputy Town Manager 760.369;1265 ext. 305, sstueckle@yucco-valley.org n. 7-Itp 1�;Pf-4 k Y•'YTr���' f�:s.:f"' I � r yip e.� iG l' � IILajCN1�1tPIMs'=-. 4 li:._ , DESCRIPTION The existing 30,000sf facility is composep,of a campus CONTRACT VALUE: $230,000 of Community; Buildings, Senior Citizens' Center, and Banquet Facilities that is major community gathering CONSTRUCTION BUDGET: $2,400,000 place. Built in the 1960s, the facility had a great deal of deterioration including dry rot, and deferred DATES OF SERVICE: 2018 maintenance.. It also had •issues of security, and homeless accessing private courtyard areas of the facility., Mony'of the original Mid-century exposed wood details were in need'of restoration and protection. GPo provided an assessment at damage, conceptual design, and cost estimate of the retrofits in a PDR. We then provided Construction Document through Construction Administration services. GPo: was assigned to provide a strategic design to enhoncesecuritywfiile olsogivingtne focilityatestoiation and architectural update. Details were developed to of Buena Park .repair and prevent future dry rot and deterioration. We CLIENT REFERENCE: provided design schemes and renderings as a part ofv����77 on interactive process to design, it, with the Clty.ond the input while 1' f �`�- S I 0 Jeff Townsend Associate Engineer Commuh ty and Collaboration staying on a IL - 562-3680 restrictive�.budget.as noted on our original PDR early In _ :. -r— -.Y r�wo�. •- (714) ,tTownsend@buenapork.com the project development. a ._ 1 Page 11 , .141VIV.11W., . 'M— 111M.Z GRYagF'5EAL1BE9CH YPRQPOS�LriFORfOTI',GAI!L�SERVICsE$' � - i t. t; Y912 5 DESCRIPTION The. City of San Gobrielhad acquired a -challenging narrow 3.5 -acre site: bifurcated by a, flood control channel lot its new maintenance facility containing the City's Maintenance Division, .Engineering, and Administration Staff. It was our abjeciive to provide an environmentally and energy efficient building to the City of San Gabriel that blends in; as well as enhances the surrounding community, A.,po tion of the building also serves as an essential fatuity. Building and site improvements were located on the east side of the wash. The other sides.of the site are primarily bordered by large. industrial tilt -up facilities on the east. north, and across the Rubio wash to the west. There is a small cluster of homes isolated on the southeast section of thesite, with the homes sharing the property line with the site. The. Municipal Yards Facility artfutty blends in the contextual juxtaposition of single-family residential versus industrial facilities using a CMU as the primarily facade material to transition thetwo zones, The buildings blend the larger concrete warehouses with the residential scale more gradually. The locility uses a series of subtle patterned CMU walls throughout.themain facades. The colored CMU used _7 Page 12 City; of San Gabriel provides a warmth and scale for residential context while. fitting in with the target tilt -up industrial buildingson the other side. A secondary goal with the use of CMU was to provide. visual and acoustic mitigation between the industrial and residential zones. With the narrow, site, the; durability of the,walls'offets. good. resistance to the maintenance facility high volume activities 'and traffic around on the very,norrow .site.. The facility considers sustainable design features such as native plantings, recycled materials, and north -south fenestration orientation for energy efficiency. CONTRACT VALUE: $750,000 CONSTRUCTION BUDGET: $10,000,000 DATES OF SERVICE: 2016 CIIENT REFERENCE: Patricia "Patty' Feria Management Analyst (626) 308-2825 Ppena@sgch.org EXPERIENCE CIT! OF 54A.L BEACH- PROPOSAL FOR ON-CALL SERVICES 1% Jack Panichapon, AIA, NCARB, LEED° AP CEO/Principal Role irrthe Project: As the Principal, and Project Director, heis committed to managing incoming documents, coordinating consultants and handling, discrepancies to ensure accuracy in the delivery of the project personally for every_ , client. Experience: Experience with the requirement and tasks:. Years of Experience: 34 Mr. Ponichapan has over thirty yeors.of experience, ranging ffom:new buildings, Years with GPo: 19 renovation, and interior dessign, to complete city ;compus master planning; Throughout his career, he has extensive experience in themeeds assessment; Registration: site survey and ADA onolysa In f'iarious type of building, such os.municlpcl, water district, corporate yard, health care facilities, and schools. Professional Architect, CA, pgg44 r Relevant Experience: Professional. Architect, IL, 001-Dl8109 City of Escondido - Need Assessment; Maintenance and Water District LEED Accredited Facility Professional CA DSW Volunteer, Mojave Water Agency - Need Assessment; New Agency Headquarters #89402 Cal OES- Safety Facility, and Central Operotion-Center Assessment -Program • Moulton ,NiguelWdlerDistricl-Need Assessment on Administration, Building Education: • City of Westminster—Corporate Yard and Police Department, Needs M. Arch, 1997, Assessment and Site Planning Architecture, Iowa State University City of San Gabriel - Municipal Yard Facility B. Arch, I.g95; Architecture.. Iowa State University of California, Irvine, Health- On -Call A/E Services University • Imperial Irrigation District -Needs Assessment on Multiple Department Professional Affiliations: • City of Fullerton - Public Facilities. and CNG Station American Institute of Architects City of Santa Ana - Jerome Center, Tenant Improvement National Council of Architecture Registration City of Santo Ana - Santa Ana, California (Multiple projects"Including Fire Board Station and Community Center Remodel) • City of Oceanside -Pure Water Treatment,Focility, • Southern California Edison - On -Call A/E. Services • City of Long Beach - On -Coll A/E Services • Inland Empire Utilities Agency- On-Call,A/E Services • Bellflower Somerset Mutual Water Company - Leahy Avenue Water Well Facility • City of Anaheim - Linda Vista Reservoir and Pump Station • City of Riverside - PyriteCanyon Water Treatment Facility .lk Page 14 o: CIPf OF SEAR BEACH- PROPOSAL FOP? 0111 -CALL SERVICES Experience Years of Experience: 30 Years with GPc: 26 Registration: Professional Architect,CA, 25189 LEED Accredited Professional Education BArch, 1990, Architecture, California Polytechnic State University, San Luis Obispo Professional Affiliations American Institute of Architects National Council of Architecture Registration Board Kent Klueter, AIA, LEED® AP Project Architect Role in the Project: Mr. Klueter is experienced in project coordination and management including developing working drawings, coordinating with engineering consultants, coordinating; production of construction documents and building deportment, administration of the bidding process, ADA compliance, building code requirement; specification, and construction administration. Experience with the requirement and tasks: With 30 years of e>periences; and 26 years with GPA, Mr. Klueter has been working with varies types. of .project, such as municipal, water district, police facility, corporote'yord, pump station, maintenance facility, civic facilities and training center (dispatch centers and essential facility). Relevant Experience: • Mojave Water Agency Need Assessment, New Agency Headquarters Facility, • Moulton Niguel Water District - Need Assessment on Administration Building, Moulton Niguel, CA University of California, Irvine, Health - On -Call A/E Services • Southern California Edison - On -Call A/E Services • City of Long Beach- On -Call A/E Services Inland Empire Utilities Agency - On -Call A/E Services • Water Replenishment District of Southern California -Administration Needs Assessment and Tenant Improvement, Long Beach, CA • City of Long Beach - Municipal Urban Stormwater Treatment Facility • Southern California Edison - GO -1 Tenant Improvement • Mojave Water Agency- Need Assessment, Central Operation Facility Apple Valley, CA • Water Replenishment District of Southern California - Administration Needs Assessment and Tenant Improvement, Long Beach, CA • Water Replenishment District of Southern California - Advanced Water Treatment Facility- GRIP Pico Rivera, CA • Bellflower Somerset Mutual Water Company - Leahy Avenue Water Well Facility • City of Anaheim - Linda Vista Reservoir and Pump Station • City of Riverside- Pyrite Canyon Water Treatment Facility 15 CITY OF SEAL BEACH- PROPOSAL FOR ON-CALL SERVICES Experience: Years of Experience: 21 Years with GPa: 1 1 Registration: Registered Architect, CA, C-30250 LEED Accredited Professional Education: B. Arch. 2000 Architecture, University of Arizona Professional -Affiliations: American Institute of Architects National Council of Architecture Registration Board USGBC Orange County Vic Nguyen, AIA, LEED® AP Design Director/Project Manager Role in the Project: Mr. Nguyen is responsible ponsible for design presentation and quality control. With graphic, 3-D modeling rand BIM expertise, he can assure quality project Team coordination in every step ofihe design process. Moreover, he is in charge of project approvals at all stages from planning to building entitlement. Experience with the requirement and tasks: Mr. Nguyen has over twenty Years ._of,experience,,ranging from development complex mixed use, civic, and transportation oriented projects, to highlydetailed interiors of residential, retail, health core, and office environments. He -has a' wealth of experience working with cities and the community directly to attain consensus for a project design. Relevant Experience: • City of Oceanside -Pure Water Treatment Facility • University ofCalifornia, Irvine, Heollh - On -Call A/E Services • Southern California Edison - On -Call A/E Services • City of Long Beach - On -Call A/E Services • Inland Empire Utilities Agency - On -Call A/E Services • Water Replenishment District of Southern California- Administration Needs Assessment and Tenant Improvement, Long. Beach, CA • City of Long Beach - Municipal Urban Stormwater Treatment Facility Southern California Edison - GO -1 Tenant Improvement • Mojave Woi Agency - Need Assessment, New Headquarter Facility, and Central Operation Facility, Apple Valley, CA • Southern California Edison - Voluntary Seismic and ADA Upgrades • City of Oceanside - Lo Salino Pump Station • Moulton Niguel Water District - Need Assessment on Administration Building, Moulton Niguel, CA • Bellflower Somerset Mutual Water Company - Leahy Avenue. Water Well Fccility • City of Anaheim - Linda Vista Reservoir and Pump. Station • City of Riverside - Pyrite Canyon Water Treatment Facility • Imperial Irrigation District - Needs Assessment on Multiple Department Poge 16 CDP! O.'- SEAL BEACH- PROPOSAL FOR ON-CALL SERVICES Experience: Years of Experience: 15 Years. with GPd 1.5 Education: B. Arcn., 2006, Architecture, University of California, Berkeley Cynthia Perez Project Coordinator/Designer Role In the Project: Ms. Perez works closely with the Project Architect and Principal with the coordination of team members: She handles product research, color/material for furniture selection, and 3-b renderings. In addition, she is also involved in the coordinating production of construction documents, administration of the bidding process, and construction administration. Experience with the requirement and tasks: Ms. Perez has experience working through all,project stages process. Moreover, she woiked,on.mony:types of project,.. suchas municipal, administration office, pump station, maintenance, facility, firing range, training facility and corporate Yard Relevant Experience: • Mojave Water Agency - Need Assessment, New Agency Headquarters Facility,. and Central Operation Center Marine Corporation Community Services - Indoor Firing Range • Yorbc Linda Water District -New Administration Facility Moulton Niguel Water District - Need Assessment on Administration Building • City of San Gabriel - Maintenonce Facility Yard • Ciiy'of Riverside - Pyrite Canyon Water Treatment Facility • City of Westminster - Corporate Yard. Maintenance Facilities. Police Department, and Boy and Girl Club • City -of Fullerton - Public Facility and CNG Station • City of Stanton - Municipal Corporate Facility Yard • City of Barstow - Needs Assessment & Conceptual Design for City Hall Campus • Palmdale Water, District - Master Plan & CMU Wall for District Headquarters Facility • Water Replenishment District of Southern California - Administration Needs Assessment and Tenant Improvement, Long Beach. CA • Universityrof California, Irvine, Health - On -Call A/E Services • University of.Cclifornia, Irvine, Health -Gottschalk Exterior FaryodeRenovation • City of Burbank - Master Plan for Corporate Yard 17 CIT I OF SEAL BEACH. PROPOSAL FOR ON-CALL SERVICES Experience: Years of Experience; 4 Years Wth.GPo: 3 Education: B. Arch., 2017, Architecture. NewSchool of'Architecture + Design Miranda Luce Key Designer Role in the Project: With four .years of experience, Ms. Luce has experiences working on difference stages of the project from schematic design ,to constructions Browing. She works closely with the project architect and principal . on graphic presentation, 3D modeling and rendering, detail and construction drawing, and marketing documents. Experiencewiththe requirement and tasks: Ms. Luce has experience working through all project stages, process.. Moreover, she worked on many types of project, such as municipal, administrationoffice, pump station, maintenance facility, firing range; training facility and corporate yard. Releva nt ' Experience: • City of Redondo Beach -CRY Council Chambers ADA Retrofit • City of Long Beach - Long Beach Municipal Urban Stormwater Treatment Facility • Southern California Edison - Seismic Retrofits: Santa Ano, Redlands, Valencia, and Rialto • Southern California Edison - Seismic/ADA Retrofits. Long.Beach • Inland Empire Utilities Agency -CCWRF Lob and Security Improvements' • LADWP - Van Nuys Building Conceptual Design • City of Ontario- Need Assessment on Service Center • Universilyof California; Irvine, Health- On -Call Architectural and Engineering Consulting Services • City of Oceanside - Pure Water Treatment Facility • Southern California Edison - GO -1 Tenant Improvement • BSMWC - Leahy Well • EMWD - Gate 5 Needs Assessment • City Of North Tustin -Simon Ranch Reservoir • University of California, Irvine,Health-Gottschalk Exterior Facade Renovation • Water Replenishment District- Field Operations and Storage Annex Needs Assessment • City of Anaheim- Linda Vista Electrical Building Page 18 CtP/ OF SEAL BEAC'*t- PPOPOSAL FOR ON-CALL SERVICES On -Call Contract- #1 Sean Crumby,.P.E., PW Director of Huntington Beach (Formerly- Deputy General Manager of Engineering City of Long. Beach- Long Beach Water Department) Phone: n 374-5348 CITY OF HUNTINGTON BEACH Email: Secean.Crumby@surfycily-hb.org On -Call Contract- #2 Jennifer Bollman, -PJM -1, Associate Project Manager Southern CaliforniaEdison CBRE I Global Workplace Solutions Phone: (626) 476-0300 Email: Jennifef.Bollmon@sce.com SOUTHERN CALIFORNIA EDISON On -Call Contract- #3 Leon. Roach, Director,. Capital Design and Construction University of California, Irvine Health Phone: (714) 456- 5454 Email:lroach@uci.edu UCI HEALTH On -Call Contract- #4 Jerry Burke, P.E. Deputy Manager of Engineering Inland Empire Utilities Agency Phone: (909) 993-1548 Email: jburke@ieua.org On -Call Contract- #5 Edward Serna, Principal Civil Engineer Eastern Municipal Water District Phone: (951.)928-3777 Email: sernoe@emwd.org EMWD On -Call Contract- #6 Charlene King, Associate Engineer Water Replenishent District of Southern California Phone: (562)275=4252 Email: eking@wrd.org WRD On -Call Contract- #7 Will'Becerro Jr, Associate Engineer II City of Temecula 'Phone: (951 ) 69373963 'Email: will.becerra@lemeculoCA.gov Y Page 19 CITY OF TEMECULA CIT! OF SEAL BEACH- PROPOSAL FOR ON-CALL SEfNICES PROJECT AVAILABILITY Our philosophy involves having Jack; the principal, work on the, project_day,to day from project Initiation up through move -in day and beyond. Beyond having the principal involved throughout ollphases, we! ensure That great; relationship and rapport is maintained'. with a consistent team. Either Vic or Kent will be providing project support alongside:Jack throughout the entire course of the project. No assigned personnel will be substituted wltnout the approval of the Client Because there is no interruption in communication with leadership transition, we have. a highsuccess rate in completing projects within scope; on time, and on budget. GPA PROCESS. AND MANAGEME At the beginningpf a project for any size and .budget range, our approach to effectivelymanagethe project cost, schedule and.quality begins -with defining the project scope, and aligning if to the Client's goals, budget. and timing for completion. This information is presented and discussedatthe Kick-off meeting with the Agency and the goals aremutually established. In the event where the project budget and timeline is defined prior to the meeting -we will develop and submit the preliminary schedule denoting key milestones and deliverables for the Client to review and obtaintheir feedback at the Kick-off meeting. During, the progress of the project design, formal organized workshops will be provided to share our: findings with the Client's Team. The project progress will be presented inrinteracfive workshops for input and guidance for iterative refinements. These workshops would involve collaboration with the Client's.. staff to discuss design Ideas and how ii impacts operational needs. This process will be alchance,to showcase progress ond,gauge reaction. We are skilled with design communications, our drawings and renderings are used optimally and effectively to communicateideas. and bring the. Client's vision to life be it early conceptual stage: designdevelopment, ortight up through guidance of issues during construction stages. "ENVIRONMENTAL SENSITIVI Gillis + Panichapon,Architects; Inc. believes sustoinabilityis,o major cornerstone of our practice. Wecommit to sustainable practices in everyone of the projects we work on whether or not e project seeks formal sustainable certification. Considering cost and schedule, we maximize our projects to contain the greatest number of sustainable features within the design. Our design philosophy' encourages passive building conditfoning!strategies that are a•reflection of local climate, site orientation,;and environment. We specify local materials within 50,miles of the project's location. We trust that sustainobility is an optimal approach for cost scvings7 lower long-term maintenance, and minimizing impact on the site and the environment overall. 'Ne -believe sustainable practices for our own office contributes to the healthy wellbeing of all personnel. It is reflected into our everyday office working environment: GI'o ensures that all employees have direct access to daylight,views and fresh air. Our office is naturally daytit for most of the day and is passively conditioned most of the time. All workstations are directly, adjacent operable windows with,individuol control of daylight and shade. We are located in a very vibrant watkeble part of the City, and encourage employees to take walking l breaks throughout the day. Every architect at here GPa are LEED accredited and well qualified .to.guide project towards practical sustainable design solutions or LEED certification. We have achieved'LEED certification in a large number of our'projects. This includes LEED platinum certification for a new water treatment facility along the Son Gabriel River circ6.2020`:1 WAD GRIP. Page 20 CIN OF SEAL BEACH- PROPOSAL FOR OM -CALL SERvICES COST CONTROL As the project develops, our team will provide and update detailed cost estimates for the project.,Knowing the cost estimates.. early allows us to make necessary adjustments to bring the project under budget with ,minor concessions. We use in house as well as professional cost estimating services to effectively control the project cost during.design. More importantly, all major project decisions are evaluated in terms of cost Impact on the project. We can inform and':advise our ClienWof the cost on the project to assist them with the decision-making process to mcAnnize the impact on often strict and lean budgeting needs. SCHEDULE CONTROL The project schedule (Gant Chart)is developed to show major milestones for the project, the important decision- making workshops, as well as individual minor tasks that need to be completed. We regularly update the schedule and submit the updated schedule to the client as well as inform ourconsultonts of the timeline for the completion of specific tasks to keep the project on schedule. 9UALRY CONTROL To ensure accuracy in the delivery of the: project, we have developed on in-house quality control program that outlines the various items that need to be reviewed at each phase of the project. This review is performed by both the.principal qnd aur various learn of consultants. In addition, consultant drawings are reviewed for compliance with design objective as well as for possible conflict with the other elements of input from varying disciplines. We have a wealth of experience scheduling and phasing projects for design and construction for our Municipal and Water District Clients, including for existing facilities, many which allow for continuous occupancy during construction. Page 21 CIT/ OF SEAL BEACH- '-ROPOSALFOR OH -CALL SERvICES ' REFERENCE #1 Charlene IGng, Associate Engineer Water'Replenishent District of Southern California Phone: (562) 275-4252 Email: eking@wrd.org WRD' REFERENCE #2 Sean Crumby, PE_ PW, Director of Huntington, Beach (Formerly= Deputy Genual Mana46' Engineering City of Long,Beach- Long Peach Water Department) .Phone: (714)374-5348 Email. Sean.Crumby@surfycity-hb.org CITY OF HUNTINGTON. BEACH REFERENCE #3 Leon Roach; Director, Capital Design and Construction University_df Colifomio, IrvineHeolth Phone: (714).456-5454 Email:lioach@uci.edu UCI HEALTH REFERENCE #4 Edward Serna, Principal Civil Engineer Eastern Municipal Water District Phone: i951p928-3777 Email: "semoe@emwd.org ENIWD REFERENCE #5 Martha MacPherson,. LEED AP, Project Manager Southerrr.Colifornia Edison CBRE I GlobafWorkplace Solutions Phone: (626) 676-4100 Email: madha,macpherson@SCE.com SOUTHERN CALIFORNIA.EDISON l �- - PROFESSIONAL-ARCHRECTURE SERVICES' ,I cir: Cf $EAL BEACH- ST-IBvrEllr,7=;;uatGu_;.n-N� We propose to furnish the services based on the hourly billing rates listed below for the services associated with this project. Often we propose an "hourly not to exceed" contract at the beginning of our process. Below is a schedule of hourly billing rates. we tailor our scope and subsequent fee proposals to accommodate the scope of work realizing that there is latitude in both pordrneters to bediscussed,during the contract negotiation. These rates we propose will be valid for the contract duration, SCHEDULE OF HOURLVBILLING RATES ARCHITECTURE Principal,.,................................195 Project Director.............................175 Project Architect ............................150 Job Captain................................105 CADTech......._ .............................90 Clerical............................ .........65 CONSULTANTS. When additional consultants are needed, we will be the primary point of contact and the team leader. Our contract will include and convey all consul tont fees and contracts as'a.subcategory of our fee and services. Consultant fees willbecharged with an additional 15% management'and coordination fee. REIMBURSABLES In our contract weoffenhavea reimbursable allowance. This reimbursable allowance covers fees beyond general B&W printing fees on standard ledger or tabloid size paper. Government fees, delivery costs (such as United Parcel Service charges), and the costs ofspecial sized prints/ reproductions ore not included in our fee. These items are "reimbursable" items and will be shown, eparately onour invoice with a 10%coordination fee. List of reimbursable charges and rates: Printing Reimbursable price range between 0.10 - 4.25 per sf depending on printing type and paper Package and Shipment rates UPS services fee depend on package weight and distance MILEAGE GPo bases our standard mileage rates for the use of a vehicle, such as a car, van SUV or pickup will be: 56 cents pec mile forbusiness miles based on State of California Employers Association 2021 Mileage Reimbursement Rates Effective January 1, 2021. Page 01 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or part; constitute "public works° as defined in Division 2, Part 7, Chapter, I' (commencing with rSection 1720) of the California Labor Code ("Chapter, 1"). Further, Consultant ,acknowledges that this Agreement is subject to (a) Chapterl and (b) the.rules and.regulationsF6stablis68by the.Department'of Industrial Relations,("DIR") implementing suchlstatutes..Therefore, as to those Services that:are "public works", Consultant shall comply with and be bound by all'the terms, rules and regulations described in 1(a) and 1(b) as thoughset. forth,in: full . herein. 2. California law requires, the inclusion of'specific Labor Code provisions'in certain contracts. The inclusion of such specific provisions below, whether or not required :by California law, does not alter the meaning or "scope of Section 1 above. , 3. Consultant shall be registered with the Department of Industrial. Relations ,in accordance with California Labor Code Section 1725.5, and has provided proof-pf registration to City 'prior to the Effective .Date of this,Agreement Consultant shall. hot perform work with any subcontractor thabis not registered with DIRrpursuant to Section: 1725.5. Consultant and subcontractors shall maintain their registration with the: DIR effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered withDIR at any time during the duration of the.'project,, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring+and enforcement by DIR. Consultant shall post job site notices, as'prescribed.by DIR regulations. 5. Pursuant to Labor Code Section 1;773.2, copies of the prevailing rate of per,diem wages for each craft, classification, ortype:of worker needed`ao'perform{the Agreement are on fileat City Hall ,and will be made. available. to any interested party' on `request Consultant acknowledges, receipt of a,copy of the ,DIR determination of such prevailing rate of per wages, and Consultant shall post such rates a1 each.job site covered by this Agreement. 6. Consultant shall comply with and bebound,by the provisions: of Labor Code Sections 1774 and 1775 concerning the payment of' prevailing rates of wages to.,workers and`the penalties for failure to pay; prevailing wages. Consultant=shall, as a penalty to City,,forfeit $200.00 for each calendar day, or portion= thereof, for each worker `paid, less than the prevailing rates as, determined by the DIR for the work or craft, in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty. of perjury, as ,specified in 17 of 19 23050800 [1120191rev:] Section 1776; certify and make such payroll records available for inspection as provided by Section' 1776; and inform City of the location of the records. 8. Consultant shall comply.with and be bound,by the'provisions of Labor Code Sections 1777.5,'1717:'6 ;and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance• with 'these; aforementioned Sections, for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with•'a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and, each of its subcontractors shall submit to City a; verified statement of the joumeymamand.apprentice hours performed under this Agreement. 9. Consultant shall not perform work with. any, Subcontractorthat has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the, debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contractpursuant to Labor "Code Section 1777.1 or any other federal or state law providing for the debarment, of .contractors from public. works. If Consultant or any subcontractor becomes debarred' or suspended during the duration of the i project, Consultant shall immediately notifyCity. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply°with, and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1613 concerning penalties for workers who work excess hours._Consultant shall,. as a' penalty to City, forfeit$25.00 for each worker employed in the performance of this Agreement by Consultant,or by any subcontractor foreach calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day: and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter: 1, Article 3 of the Labor Code. Pursuant to'Labor Code Section 1815, work performed by employees of Consultant in excess of`eighthours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess ofjeight .hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: 'I am aware 'of the provisions of Section 3700 of the Labor Code which require every employer to be ,insured against liability for workers' compensation, or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the. perform ance of the work ,ofthis contract." 18;of 19 23050800 [11/2019 rev.) 12: For every subcontractor Who will performs work on `the project, 'Consultant shall ,be :responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections1860 and 3700,.and Consultant shall include in the,written contract between it anoeach subcontractor;a copy 'of #hose,statutory provisions,and a requirement'thaYeach subcontractor shall comply with those statutory' provisions. Consultant shall be required to take all actions necessary to enforce such contractualprovisions' and ensure subcontractors compliance, including Without, limitation, conducting a periodic review!of the ,certified payroll records of the subcontractor and upon becoming aware?of the:falure. of thet subcontractor to' pay his or 'her workers'the specified' prevailing rate of wages. Consultant shall: diligently take corrective action to halt or rectify'any failure. 13. To the maximum extent permitted by law; Consultant shall indemnify, hold harmless and defend (at Consultant's expense with,counsel reasonably:acceptable to:Qty) City, its officials, officers, employees, agents and independent contractors'seniing'in the roleiof City officials, and volunteers from and -against any demand' or claim for damages, compensation, fines, penalties or other amounts arising out of or'incidental`to, any acts or omissions listed: above by any person or.eritity (including"Consultant, its subcontractors, and each of'their officials, officers, employees ands agents) in connection with any, work undertaken or in connection w'ith;the Agreement,' including without,limitation the payment of all.consequential'daniages,'attomeys: fees, and,other related costs and expenses.. All duties of Consultant underthis`Section:shall survive the'termination of the Agreement. 19 of 19 23050804 [11/2019 rev.] RESOLUTION 7142 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT GILLIS + PANICHAPAN ARCHITECTS, INC.TO PROVIDE ON-CALL PROFESSIONAL ACHITECTUAL SERVICES WHEREAS, the City has a robust capital improvement program and aging infrastructure that require on-going maintenance including the City's many facilities; and, WHEREAS, the City desires to retain a consultant to provide professional architectural services; and, WHEREAS,. Gillis + Panichapan Architects, Inc. submitted a proposal dated March 31, 2021 to the City to provide on-call professional grant architectural services; and, WHEREAS, the City has determined that'Gillis + Panichapan Architects, IncJs qualified to provide professional architectural services. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a Professional Services Agreement (Agreement) to Gillis + Panichapan Architects, Inc. in a not -to -exceed amount of $300,000 for a three-year term. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the Gillis + Panichapan Architects, Inc. proposal dated March 31, 2021. Section 3. The City Council 'hereby authorizes the City Manager to extend the Agreement with Gillis + Panichapan Architects, Inc. for up to two (2) additional one-year terms, at her discretion, in a not -to -exceed amount of $100,000 for each one-yearterm extension. PASSED, APPROVED and ADOPTED``by the Seal Beach City Council at a regular meeting held on the 26th day of April, 2021 by the following vote: AYES: Council Members: Kalmick', Massa-Lavitt, Moore,:Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN;. Council Members: None Jo almick, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City, of Seal Beach, do hereby certify that the foregoing resolution is the: original copy of Resolution 7142 on file in the office, of'the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on th"2 'h day o9 April, 2021. ria D. Harper, City Clerk --� GILL&PA-01 MCGRAWM AGORv' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODN"Y) 5/1412021 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 certificateholder 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 License # OES7768 ICA Insurance Services 4370 La Jolla Village Drive Suite 600 CONTACT Erica Wilson " NAME: jar°,NN. Ext): (858) 754-0063 50233 FAX Nol-(619) 574-6288 L EMAIRE53: IO ApOErica.Wilson//,,.��.ausa.COm V San Diego, CA 92122 INSURER(S)AFFOROING COVERAGE NAICN INSURER A: RLI Insurance Company 13056 _ INSURED INSURER B: Hudson Insurance Company 25054 C: 'Gillis:B.Panichapan Architects, Incorporated _INSURER INSURERD: 2900. Bristol St. Suite G205 IN_SU_RERE Costa Mesa, CA 92626 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 OFINSURANCE ADOLSUBR I WVD POLICY NUMBER POLICY MM/00"yY POLICY EXP MMIDOrfYYY LIMITS A X' COMMERCIAL GENERAL' LIABILITY EACH OCCURRENCE 2,000,000 S _ CLAIMS -MADE OCCUR X PSBOOOI119 9/1/2020 9/1/2021 DAMAGE TO RENTED _ PREMISES (Ea pccurrence)_ 1,000,000 $ Contractual Llab. _MED EXP (Any one person)_ X 10,000 $ X Sev. of Interests PERSONAL & ADV INJURY $ 2,000'000 GEN'L AGGREGATE -- GAyT�tEI LIMIT APPLIES PER: POLICY I PEa F-1 LOC OTHER' GENERAL AGGREGATE $ 4,000'000 PRODUCTS - COMPIOP AGO Deductible $ 4,000'000 $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _(Ea accidenQ $ 1,000,000 $ X ANY AUTO PSA0001116 9/1/2020 911/2021 BODILY INJURY (par Person)_ BODILY INJURY (Per acruem) PROPERTY DAMAGE (Per accident S OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON�0WNED AUTOS ONLY AUTOS9NLV X._ Comp.: $1,000 X Coll.: $1,000 $ $ A X UMBRELLA UAB EXCESS UAB X OCCUREACH CLAIMS -MADE PSE0001038 911/2020 811/2021 OCCURRENCE_ AGGREGATE $ 3'000'000 $ 3'000,000 DEO I X RETENTION$ O $ A WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory. in NH) NIA PSW0001177 9/1/2020 9/1/2021 X ITUTE STA_ - OERH_ E.L. EACH ACCIDENT 1,000,000 3 E.L. DISEASE EA EMPLOYEE 1,000,000 $ _ EL DISEASE -POLICY LIMIT _ 1,000,000 5 "'as,describe under . DESCRIPTION OF OPERATIONS below B Prof Liab/CIms Made PRB0619110942 11/8/2020 11/8/2021 Per Claim 2,000,000 B Dec:: $5k Per Claim PRB06191-10947 11/8/2020 11/8/2021 Aggregate 2,000,000 DESCRIPTION bF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Operations- City of Seal. Beach is Additional Insured with respect to General Liability per.the attached endorsements as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. AN r rFI 1' ATInN c.�rc I Irr..n i � nvwu� _-..-____. ..._._ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .EXPIRATION DATE THEREOF,. NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. " AUTHORIZED REPRESENTATIVE City. of Seal Beach .211 Eighth Street [Seal Reach. CA 90740 ACORD 25 (2016103) © 1988-2015 ACORD GORPOKA I ION. An rlgnts reserved. The ACORD name and logo are registered marks of ACORD Nained.lnsured: Gillis & Panichapan Architects, Incorporated RLI Insurance Company Poicy'Number: PSB0001119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINE83OWNERS COVERAGE FORM - SECTION II — LIABILITY 1, C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused in whole or in by you or those acting on your behalf: a. In the performance of your ongoing operations, b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed :operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization. for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304.02 12 additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO' SECTION 11 — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily; injury", "property damage" or "personal and advertising injury" arising out, of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with 'such person or organization entered into by youbefore the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.