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HomeMy WebLinkAboutAGMT - Gillis + Panichapan Architects Inc (Tennis Center Improvement Project CIP BG2105) DESIGN PROFESSIONAL SERVICES AGREEMENT for Tennis Center Improvement Project, CIP BG2105 Professional Architectural Services between ex"' V���cp�PORgTFF'fC���i i o'". 8 ,�5 phi 441 °OtiNfIC.: City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Gillis + Panichapan Architects, Inc. 2900 Bristol Street, Suite G-205 Costa Mesa, CA 92626 714-668-4260 This Professional Service Agreement ("the Agreement") is made as of January 24, 2022 (the "Effective Date"), by and between Gillis + Panichapan Architects, Inc. ("Consultant"), a California corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain design professional services for BG2105 Tennis Center Improvement Project. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(0), City desires to retain Consultant as an independent contractor to provide architectural design services. C. Consultant represents that the principal members of its firm are qualified professional architects and are fully qualified to perform the design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. 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 and incorporated 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 such status 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, at all times, meet or exceed any 2 of 19 and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 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 January 24, 2022, and shall remain in full force and effect until January 23, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's 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 event will the City pay more than the total not-to-exceed amount of $234,900 (Two Hundred Thirty-Four Thousand Nine Hundred dollars) for the Original Term, except as otherwise authorized pursuant to Section 3.2 hereunder. 3.2. Any additional work authorized by the City Council at time of award pursuant to this Section will be compensated in accordance with the hourly rates set forth in 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 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's 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 allow City 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 Section 4.2 shall survive for three (3) years following the termination of this Agreement. 3 of 19 5.0 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 least 20 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 its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All 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, Inc. 2900 Bristol St., Suite 0-205, Costa Mesa, CA 92626 Attn: Jack Panichapan 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4 of 19 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. 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. Consultant will determine the means, methods, and details by which Consultant's employees and other 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. 9.2. 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 Consultant's exclusive direction and control. Consultant and Consultant's 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 display 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 of Consultant's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time 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 work product related to Consultant's performance of any Services under this Agreement, or (3) as may be necessary to inspect or 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. 9.3. Consultant shall be responsible for and pay all wages, 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 5 of 19 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, any 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 ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall indemnify and hold harmless 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 personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. 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 Consultant's failure to promptly 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. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. 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 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 ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with 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 PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify 6 of 19 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 violation of any provisions of this Section 10.0. 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. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") 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. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. 7 of 19 All Data & Documents shall be considered "works made for hire," and all Data & Documents 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 the property 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 Data & Documents. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, 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 reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its 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 in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of 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 Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors 8 of 19 No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access 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 inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service 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 under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 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 safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work 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. 9 of 19 17.0 Insurance 17.1. General Requirements. 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. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability. , within minimum limits of $1,000,000 per claim/aggregate. 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. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 10 of 19 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City 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 any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the 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 in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. All insurance 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 City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 19 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. 12 of 19 17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed 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" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code §2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 18.2. Other Indemnities. 18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, 13 of 19 agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.2.3. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 14 of 19 determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19M Non-Discrimination Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, agephysical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, 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. 21.0 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, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement 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 may only be modified by a writing signed by both Parties. 23.0 Severability 15 of 19 , 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. • 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct orindirect, which may be affected by the Services, or which 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 shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 16 of 19 exclusively 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 sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. 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 Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non-Appropriation of Funds 17 of 19 Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. In the event any .claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, 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. 34.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the 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. 35.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 18 of 19 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT: Gillis + Panichapan r •i1t, , Architects, Inc., a California corporation By: ,v. , . By: Jil R. Ingram, City &ger Name: Ja anic apan Its: President -cea‘'-RQl.®E4c� By: ( t&teL Attest: / -- AATflP �'' -�% 'qName: Linda Panichapan By: `I.11ti PIA3 4\.._-" ' Its: Secretary loria D. a ...1 ;`4,, Ierk a.`� (Please note, two signatures required ' v t. '4 '<0.' for corporations pursuant to California Yi Corporations Code Section 313 from Approved as to For •• / each of the following categories: (i) the .A chairperson of the board, the president ,l‘ or any vice president, and (ii) the By: / - secretary, any assistant secretary, the Craig A. Steele, City Attorney chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 19 of 19 EXHIBIT A Consultant's Proposal i 47,,,,,,.. , r..4 architecture•interior•planning , . 2900 Bristol Street, Suite G-205 Costa Mesa,.CA92626 Tel 714.6.68..4260 Fax 714.668.4265. www.gparchttects.org. January 11, 2022 Denice Bailey, MPA Project Engineer Public Works Department Public Works Department City of Seal Beach-211 Eighth Street,Seal Beach,CA 90740 Re:City of Seal Beach:Tennis Center Conceptual Planning R1 Dear Denice, GPa is pleased for the opportunity to provide architectural and engineering services associated with the retrofit and improvements of the City of Seal Beach Tennis Center.Services include all stages from design development through construction support.The following pages outline an understanding of our scope and approach to the project. _ We plan to utilize the following sub-consultants to provide services on this project (Please refer to attached consultant scope in the appendix information on their services and scope): Mechanical Electrical and Plumbing Engineer Hiten Sheth,P.E. Mechanical Engineer H2S Engineers hshethPh2sengineers,com Structural Engineer Richard Suzuki, P.E. Sr.Vice President Director of Engineering Dale Christian Structural Engineers,Inc rsuzuki Pdalechristian.com Landscape Architect Arthur Guy President,BGB Design Group art(@bgb-inc.com Please see our attached project approach,and the Fee Exhibit for our proposed work plan and fee breakdown. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation. We look forward to working with you on this project. Sincerely, 'Ilr Jack Panichapan,AIA, LEED AP Principal,CEO Iji Gillis+ Panichapan Architects, Inc. 2900 bristol street G-2051 costa mesa,californla 92626 I P.714.668.4260 F.714.668.4265 I www.gparchitects,org PROJECT APPROACH City of Seal Beach-Tennis Center Improvements Project Understanding: The primary scope of this work for A&E design development through construction support based on our approved conceptual design developed with the City for improvements to the Seal Beach Tennis Center(See attached conceptual plan exhibit).This includes the remodel of two buildings:the main clubhouse and the multipurpose building. Sitework would include the demolition of the locker building with landscaping improvements its place. In addition,we would provide improvements on site lighting design for courts including providing lighting for the existing unlit courts. GPa would perform the following A&E scope of work listed below for the proposed Renovation: We have included the following multi-disciplinary services this project: • Architecture • MEP Engineering • Structural Engineering • Landscape Architecture (Refer to attached respective consultants'proposal). Scope of Work Understanding: • Renovation of Clubhouse: This will include major renovation of the existing club house including new HVAC,new plumbing,new lighting,and new power distribution.The renovated building will be expanded to 3,200 SF from existing 2,700 SF building. • Renovation of Multipurpose Building: This will include renovation of an existing 900sf multipurpose building. Project will include new architectural reconfiguration and repair along of facility with HVAC and new lighting with minor power distribution inside of the space. • Landscape Area and Outdoor lighting:A proposed landscape area created with the removal of the existing locker room building. Provide upgrade of all existing lighting,addition of new lighting for existing courts as required for the proper lighting level.The electrical scope will require some power redistribution as well as new power distribution for new lights. Refer to attached site plan exhibit depicting areas of demo and improvements(Exhibit Al. We propose the following Milestone Stages of Work: 1. Information Gathering and Design Development(30%CDs) 2. Construction Documentation (And Plan Check with City) a. 60%CDs b. 90%CDs(plan check and Page turn) c. 100%Final Permit and CDs 3. Bidding Assistance 4. Construction Administration 5. Record Drawings&Documentation PROJECT APPROACH City of Seal Beach-Tennis Center Improvements 1. Information Gathering and Design Development The beginning of the Design Development stage would be a kick off with refining and detailing the design based on the approved conceptual design. Interior and Exterior Elevations to be provided. Needed Structural retrofits and MEP improvements to be assessed and developed. We would establish outline specs and provide a draft drawing set.We would coordinate with the City approved standards to determine fixtures, color, material, and finishes of the proposed alterations and improvements. Develop materials and finishes to review with the City. Structural analysis would be coordinated with City provided Geotechnical Information on soil and seismic data for the site as required. GPa would fully coordinate with City's Geotechnical Engineer to obtain the needed information for the project. Along with the structural analysis, we would assess existing building conditions in greater detail to refine drawings,and develop design solutions to review with the City.. This includes development and preparation of architectural drawings, and outline specifications describing materials,systems and equipment,workmanship,quality and performance criteria required for the construction of the project. GPa shall prepare outline specifications, including an index and technical sections. • Architecture o Develop plans including dimensions,finishes,materials,details,and specifications. In addition, select schedules including hardware, materials,and finishes. • Structure Provide structural Engineering Services including consultation, structural calculations, and structural drawings regarding remodel of an existing one-story Clubhouse and Multipurpose Building based on approved conceptual architectural drawings. Includes (1) pre-design site survey and (1)design for light standard footing. • MEP coordination o Design drawing to include new/existing equipment schedule, sizing and location, new duct layout, new diffuser/register.Verify heating&cooling Load calculations. o Develop electrical power and data plan; lighting and fixtures plan; and develop low voltage plans. o Select plumbing fixtures sizes, pipe sizes,and coordinate points of connections. • Landscape Architecture Landscape design would include creating a predominately turf area with non-specific use. • Project Management and Coordination o Coordinate input from all sub-consultants and City for quality control check. o Revise design schedule and construction cost estimate based on the Design Development plans. o Present the approved Design Development plans to the City for review and comment. Deliverables: Design Development plans and specifications(30%CD submittal). GPa shall conduct a meeting with the City team to review all documents. PROJECT APPROACH City of Seal Beach-Tennis Center Improvements 2.Construction Documentation land Plan Check/Regulatory Permitting) Upon approval of the design development documents by the City, GPa would prepare the construction documents for the renovation Review o anon and prepare for plan check and bidding. Re ie and coordination with the Oily shall take place formally at 60, 90, and 100%. These documents shall include plans and specifications that in detail set forth the requirements for construction. GPa shall provide all drawings and specifications,including architectural,structural,mechanical,plumbing,and electrical. Engineering calculations shall be included. Regarding the demo plans for the Lockers Building, we can provide notes and details for either a backfill of earthen material or a weak slurry mix to restore the site;this would be in conformance with the recommendations of the geotechnical engineer For the Audio-Visual System, we can provide performance specs for a design build system. Someone on our team can review. GPa will have the construction drawings signed and stamped by a design professional, prepare the required documents for Public Bid by qualified General Contractors, and lead the City team in submitting these documents for all permit applications and in obtaining the permits. • Develop 60%, 90%, and 100%CD stage • Meet with the City team at all stages of the plan review to review design issues, architectural and engineering design. • Formal the City Coordination at 60%,90%,and 100% • Submit 90% plan review to the Oily Building Department including all calculations for building department plan check for initial review. 3. Plan Check/Regulatory Permitting Coordinate and Submit plans to City Plan Check**Coordination and revisions to attain plan check approval with required jurisdictions and req. authorities. • GPa will assist with obtaining required permits review and approval as required by the City Building Dept. • Includes meetings and Revisions from input from the City after the initial submittal. (**Entitlement scope excludes Building Department or Plan Check Submittal Fees,City Business License fees(if required)or any other 3rd party fees) • Provide Project Management to coordinate City Requirements with engineer sub-consultant's information 4: Bid Support This Task includes assisting the City in the public bidding and award process. o Attend Bid Walk o Prepare addenda in response to requests for information (RFIs)and requests for clarification (RFCs)received from prospective bidders during the bid advertisement period. o At the conclusion of the bid phase, prepare a conformed set of contract documents that incorporate all addenda and revisions to the contract documents. PROJECT APPROACH City of Seal Beach-Tennis Center Improvements 5.Construction Support Services Construction Administration includes assisting the City in construction support services for the project during the construction process (GPa is not a construction manager. This does not include construction management services). The following scope is included for Construction Support: • Periodic onsite review of construction activities. Attend meetings as required during construction administration for review of progress,on site coordination and punch walks. • Attend construction coordination meetings(Up to 12 meetings) • Assist with quality assurance and quality control. • Submittal and shop drawing review. • provide review and response of RFIs,Submittals and Shop drawings for engineering related items. • Respond to Requests for Information (RFI). • Assist in change order review and negotiations. • Participate in the creation of punch list • Record Drawings &Documentation- Provide project close-out and record set based on GC mark-ups and updates. Assumptions: • Code required accessibility retrofits are provided for immediate spaces within the scope of work. The design will be focused on the work from the scope described.Any code accessibility upgrades required by the City to the existing facility outside of the immediate area of work would not be included in this scope of work. PROJECT APPROACH City of Seal Beach-Tennis Center Improvements Preliminary Schedule-Approximate Milestones The following is based on initial dates provided starling 01/14/22-dates anticipated to shift respective of official contract date start. Please note that this is a tight schedule,and that review sessions with the City are scheduled concurrently with each submittal. Issued AE contract 01/14/22 Task 1: Info Gathering and Design Development 01/20/22 (-8-weeks) Design Development and review session 3/20/22 Task 2: Construction Documents and Plan Check Review 60%Construction Documents and the City review 4120/22(-4 weeks) 90%Construction Documents and the City review 5/20J22(-4 weeks) Plan Check Review Submittal 5/20122 Plan Check Approval 7/01/22**(-4-6 weeks) 100%Construction Documents(Bid Docsl 7/21122(3 weeks) Task 4: Bidding (anticipated to occur concurrently with plan check review comments response Task 5: Construction Administration construction to begin- 1st week of September Task 6: Record Drawings March 2023 *Holiday Breaks factored into date **Includes waiting times for City Plan Check and Bid responses which can take 2-5 weeks prior to obtaining responses. Please note City comments that involve retrofits outside the immediate scope of the work(in other areas of building and site)could increase the lead time to complete the construction documents. '2 PROJECT APPROACH City of Seal Beach-Tennis Center Improvements Requested Scope from City to Provide: We are requesting the following services/information be provided by the City for this project as required: Geotechnical Engineering:Site Soils and Seismic information to be provided by City's consultant for our Structural Engineering Design. GPa would fully coordinate with City's Geotechnical Engineer to obtain the needed information for the project. Environmental Hazardous Material Report o Environmental Hazardous Material Abatement Procedures Testing &Inspection General Exclusions: • Civil Engineering(Parking and Any Potential Re-Grading Design of Site based on Occupancy changes and Accessible path of travel). • Design of ADA upgrades required by the City beyond the immediate area of the proposed renovations • Electrical service upgrade. Electrical service upgrade is not expected and not included in this proposal. • Any water or gas utility upgrade. • Commissioning of any other systems or building components not listed in"Systems to Be Commissioned",such as vertical systems,emergency generator(s),communication,fire and life safety system,etc. • Title 2016 Part 6 Acceptance testing and submittal of acceptance testing forms. These are to be completed by the General Contractor and its installing subcontractors. • Testing,adjusting and balancing of HVAC systems and domestic hot water systems. • Troubleshooting of systems malfunctions to correct deficiencies, as well as attending meetings associated with such unplanned troubleshooting. Such services can be provided if requested by the client. • The re-testing of equipment or systems requiring significant additional effort,travel cost,and time not accounted for in this proposal and further defined in the"Assumptions"section. Such testing will be conducted as additional commissioning services. ' I � � FEE EXHIBIT GIIIis 1111 +Panichapan Architects,Inc. :.fARclITEcr , Cityof Seal Beach '6 ?id,„:??; t ArEhites?sub- _ ,v8; '`.v :iciai'""'line. Tennis Center-Improvements $. oy ? ;:=d > item 1/11/2021i i Saar' t =rxZ 'it?5 cis. ..j;z... 1.Info Gathering Design Development 1.Design Development- Information gathering.Coordinate with City's Geotechnical Consultant Setup and Investigation. Develop additional detailed CAD 24 24 50 60 60 $26,430 background drawings for site and facilities.Establish Final Basis of Design.Establish outline s.- and drawin.set. 2.Construction Documents 2a. 60%Construction Documents and Specifications,Development of 60- percent Architectural,Mechanical,Electrical,Plumbing and Structural,drawings for the facility improvements.landscape Architecture.Prepare preliminary technical 24 48 48 48 40 $27,520 specifications.Conduct a constructability review with City.MEP design development. Include technical specifications defining the overall project and design criteria. 2b. 90%Construction Documents and Specifications(Plan Check Stage) 24 40 90 90 40 $35,780 2c.100%Construction Documentsand Specifications, Provide developed design information: •Finalize drawings and specifications for architectural and Total Item#2 building systems.*Provide City plan corrections. 24 24 32 32 28 $18,620 581,920 Construction •Make final coordination of the bid documents with City.*Perform Final Quality Documents Control Check. 3.Plan Check/Regulatory Permitting** 3.Plan Check/Regulatory Permitting:Entitlements regarding Building Department Review and Addendum.Plan Check-Building Department Review. 4 8 12 12 4 $5,280 4:Bid Support 4.Bidding Support:Attend the pre-bid meeting.Provide technical support at the pre-bid meeting.Prepare addenda in response to requests for information(RFIs) 8 8 8 12 8 $5,660 and requests for clarification(RFC5).prepare a conformed set of contract documents that Incorporate all addenda and revisions to the contract documents. 5.Construction Support Services 5.Construction Administration:review and guide the progress of construction support including RFI response,GPa will review Shop Drawings,Product Data, 40 120 120 96 96 $62,280 Samples and similar submittals to verify,conformity with the information by the original contract documents. Hours: 148 272 360 350 276 1406 Hourly rates $195 $175 $135 $95 $85 total hours Sub-Total $181,770 $181,770 1 1 1 Architecture Total $181,770 Sub-Consultant Services Included see attached .ro•osals 1.MEP Engineering $19,900 2.Structural Engineering $13,300 3.Landscape Architecture $6,330 Sub-Consultant Total $39,530 t .,,:,,.: dmin�stratve oo . nation.•nd: anayemen • .„ :x,u y.,•;;" �C ` Sub-Consultant Grand Total $45,460 ALTA Survey Allowance? $6,000 IRelmbursable Allowance• $1,670 GRAND TOTAL: ALL TASKS $234,900 *Reimbursibles would cover fees accrued for expense related to the project **Plan Check excludes Building Department or Plan check Submittal Fees,City Business License fees(if required)or any other 3rd party fees.Scope of Entitlement does not include potential accessible upgrades that may be required for the overall building and site outside the Immediate project. 0. Page 1 Seal Beach Tennis Center EXHIBIT A • ( GN OO J,,,-( e,,SS OHO RPN so, k000 FFT E / a . ( 1.1410. AREA OF EXTERIOR SITE WORK(4,740±SF) $ya F 4 ,00, NEW FENCE 8"i i PROVIDE NEW © e • ` LIGHTS C iL 1 � Q Ln -10.‘'f' / ' ` — 1 1 a z e OSP - U e5 v ' C.UB 1,U52 r Z w L3 / i O I 'i I I ‘.2 MULTI PURPOSE I —_ o— -jj: / f BUILD MG ________„,d . „„______:\______„ ' \ / Z/�� -Ott4 r . . . . , . . . L. d, 4 w = 1 ,,,,,,,,,,o 2 V 1 50P9..?� \\ • / = Q F �, ° [ W 00 Z w aI NEW PROVIDE NEWIGHTSGHTS 0W 0U W W I Om ''-(3 CC 1.-IPROPOSED SITE PLAN-SCHEME 1 0'10' 3010' 0_ V 2 _ A-1.2 • aill Page 8 STRUCTURAL ENGINEER Dale A.Christian,S.E.,C.E.O. F Roberto Ortiz,S.E.,C.O.O. Winnie Sullivan,C.F.O. / N3:\ Richard Suzuki,S.E.,Sr.V.P. Todd Brown,S.E.,Sr.V.P. 1112 DCSE PROPOSAL FOR PROFESSIONAL SERVICES A,,t IAm,INC STRUCTURAL MINCERS Date: December 14,2021 Client: GPA,Inc. Phone: (714)668-4260 2900 Bristol Street Fax: (714)668-4265 Suite G-205 Email: vnguyen@gparchitects.org Costa Mesa, CA 92626 Attn: Mr.Vic Nguyen DCSE Project Name: Seal Beach Tennis Center RFP Seal Beach,CA DCSE JOB Number: 2021-152 Scope of Work: Provide Professional Consulting Structural Engineering Services including consultation, structural calculations, and structural drawings regarding remodel of an existing one-story approximate 3,200 sq. ft. Clubhouse and approximate 980 sq. ft. Multipurpose Building based on conceptual architectural drawings dated 12/06/21. Includes(1) pre-design site survey and (1) design for light standard footing. Lateral resistance upgrades are anticipated for the Clubhouse. Requested by: Yourself Structural Engineering Fee: $2,500.00—DD&Site Survey $5,000.00—CD $2,000.00—Bid/Entitlement $3,800.00—CA(T&M,NTE,20.0 hrs.max.) CONDITIONS/COMMENTS: This proposal is for your budgetary purposes and,when signed below,may be used for authorization to begin work.A formal contract may follow at time project actively begins for your signature. AUTHORIZATION: The professional services proposed herein for the above referenced project are hereby authorized for payment of stated fees subject to completion and conditions noted. All provisions and conditions noted in our standard contract for Structural Engineering Services shall be in force including limitation of liability provision.Please Liability Provision page. Accepted by: Company Date Please sign and return by EMAIL to wsullivan(a dalechristian.com,and original copy via US mail. Thank you. 2eSZLIA Dale A.Christian,S.E.2705,President,CEO DCSE ASSOCIATES INC.STRUCTURAL ENGINEERS a 1744 West Katella Ave,Suite 107 Orange,California 92867 t 714.997.1145 w dalechristian.com Page 1 of 3 MEP ENGINEER H2S ENNEERS !!!INIIIct December 15,2021 To, Jack Panichapan Gillis+Panichpan Architects 714.668.4260 jack@gparchitects.org Subject: Seal Beach Tennis club—remodel of retail shop/locker room building,multipurpose room and outdoor lighting for new picket ball courts. A. Scope Understanding 1. The proposal includes mechanical and electrical engineering services for the following three parts of the projects. a. Renovation of Clubhouse:This will include major renovation of the existing club house including new HVAC, new plumbing,new lighting,and new power distribution. Electrical service upgrade is not expected and not included in this proposal. The renovated building will be expanded to 3,200.SF from existing 2,700 SF building. b. Renovation of Multipurpose Building: This willinclude conversion of existing multipurpose building into a gym. Project will include new HVAC and new lighting with minor power distribution inside of the space. Existing electrical panel will be upgraded and used to service new HVAC unit. No plumbing scope is required. c. Outdoor lighting: This will include upgrade of all existing lighting, addition of new lighting for existing courts and new courts as required for the proper lighting level.The electrical scope will require some power redistribution as well as new power distribution for new lights. Existing electrical lighting control panel and power panel may be upgraded to accommodate new lights as well as new controls. We are assuming that service upgrade will not be required. 2. We will perform one(1)site visit to gather existing MEP information required for design. 3. We will provide DD and CD level drawings before the permit ready set is issued for the client review and comments. 4. Mechanical drawings will include Title 24 calculations, equipment schedules, details, floor and roof layouts,elevation plans and controls. 5. Electrical drawing will include Title 24 calculations, photometric study, single line diagrams, panel schedules,details,power layouts,lighting layouts and controls. 6. Plumbing drawing will include plumbing calculations, details, waste/vent layouts, hot and cold- water layouts, plumbing fixture schedules, equipment schedules, material schedules and mounting details. 7. We are excluding written specifications book. 8. We are including construction administration services including answering to RFIs, review of submittals and total of three(3)site visits including punch walk. B. COMPENSATION Our fees for the project will be$19,900 1. Our fee will be billed monthly based on the percentage of completion. 2. We are excluding any printing cost;all our deliverables will be in electronic format. 3. We are including meals and miles within our fees. H25 Engineers Inc. 675 N Euclid St,Suite 518,Anaheim,CA 92801 714.321.3068 www.h2sengineers.com LANDSCAPE ARCHITECT BGB I DESIGN GROUP Landscape Architecture Planning Urban Design December 17, 2021 (Rev. 1) Viet Nguyen Project Director Gillis+ Panichapan Architects, Inc. (GPA) 2900 Bristol St., Suite G-205 Costa Mesa, CA 92626 Subject: Landscape Architectural Design Proposal for Seal Beach Tennis Center Landscape Modification Dear Mr. Nguyen: BGB Design Group ("BGB) look forward to the opportunity to provide the following proposal to perform design through construction support for the proposed landscape\area created with the removal of the existing locker room building. PROJECT UNDERSTANDING Conceptual design will include creating a temporary use space. In the interim, the space will become a predominately turf area with non-specific use. Scope would include field investigation for irrigation renovation and landscape interface. With the prospect of future use, all landscape will be considerate of budget. And will consider the future overlay of a pickleball court for future conversion. SCOPE OF SERVICE 1.0 INTENT OF WORK: 1.1 It is our understanding that our scope of work consists of general landscape demolitions, irrigation and planting of project areas bounded by the area east of the tennis court adjacent to the existing locker rooms and north of the walkway connecting the two courts to the east. Additionally, new fencing or wall shall connect the existing walls once the locker room building is demolished. BGB recommends that the landscape setback plantings will be renovated between the northerly tennis courts outside the perimeter wall. Turf zone would remain unchanged. 1.2 (1) base sheet at 1"=10'-0"scale. 1.3 Assumptions: • Plans will be on GPA titleblock backgrounds • Backgrounds will be provided by GPA 3185-C1 Airway Avenue Costa Mesa, CA USA 92626 +1 714 545 2898 www.bgb-inc.com Landscape Architectural Proposal- Seal Beach Tennis Center • Specifications will be limited to technical sections of the proposed scope. • Cost estimate will be limited to landscape demolition, planting and irrigation improvements. 1.4 Services specifically not included within this scope of work include the following: • Site precise grading and drainage • All civil and/or structural engineering fees • All processing of plans and/or pick-up or delivery of plans • Landscape Lighting • Signage • Construction Observation Site Visits and Services other than specified below. 2.0 SCOPE OF SERVICES: Scope of work will include the following services: 2.1 Establish procedures, liaison and work schedules 2.2 Collect and review all on- and off-site applicable data, planning and design criteria, as supplied by GPA. 2.3 Obtain Soils Analysis for representative building and demonstration area (2- samples). 2.4 Establish dialogue to ascertain City of Seal Beach expectations. 3.0 PRELIMINARY DESIGN PHASE (PHASE 1) This phase consists of developing preliminary design concept. The plans representing this phase are denoted as"Preliminary Design Plan", and will illustrate the following: 3.1 Landscape Demolition Plan (establishing parameter for removals and protect-in- place plantings) 3.2 Colored Preliminary Planting Plan (including imagery of proposed plant material) 3.3 Opinion of probable construction costs 3.4 Meetings as required 4.0 CONSTRUCTION DOCUMENTATION PHASE Following approval of the Preliminary Phase, BGB will proceed with the Construction Documentation Phase. This phase consists of preparing documents for bidding and/or construction and includes the following: 4.1 Landscape Demolition Plan 4.2 Irrigation Plan and Details Page 12 Landscape Architectural Proposal- Seal Beach Tennis Center 4.3 Planting Plan and Details 4.4 Landscape Technical Specifications and Bid Proposal Form. Boiler plate specifications shall be prepared by GPA. 4.5 Opinion of probable construction costs 4.6 In-house plan check 4.7 BGB will provide GPA with final PDF set for review and approval. Review comments will be updated accordingly. 5.0 BIDDING ADMINISTRATION PHASE 5.1 Respond to RFI's and clarifications during the bidding phase 6.0 CONSTRUCTION SUPPORT PHASE 6.1 Provide periodic observation during construction as follows: • Irrigation review with contractor to determine if intent of the drawings have been met. • Landscape layout review prior to planting. • Final walkthrough and review with contractor, owner representation and maintenance contractor. 7.0 FEES The fee for Landscape Architectural services as outlined above will be performed on a fixed fee basis as outlined below. Preliminary Design Phase: Inventory/Research $ 340. Base Sheet Preparation 690. Preliminary Design Plan 1,120. Construction Documentation Phase 2,480 Bidding Administration Phase incl. Construction Support Phase 1,200 Reimbursables (allowance) 200. Soils Analysis 300. Total Project Fee: $ 6,330 8.0 LANDSCAPE ARCHITECTURAL SERVICES Page I 3 Landscape Architectural Proposal-Seal Beach Tennis Center 8.1 Standard of Care The Landscape Architectural Services shall be performed with care and diligence in accordance with the professional standards appropriate for a project of the nature and scope of the Project. 8.2 Coordination The Landscape Architect shall coordinate the services of its consultants and shall cooperate with the GPA's representatives in the best interest of the project. 8.3 Supplemental Services Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the GPA, shall entail additional compensation (either on the hourly basis stated herein, or on the basis of a negotiated sum) beyond the compensation stated herein. 8.4 Approval of Services/Changes to Approved Services The Landscape Architect shall proceed with a phase or design package of the Landscape Architect's services only after receiving the CPA's acknowledgement of the services and deliverables provided in the previous phase and authorization to proceed with the next phase. Revisions to drawings or other documents shall constitute Supplemental Services when made necessary because of GPA- requested changes to previously approved drawings or other documents, or because of GPA changes to precious budget parameters and/or Program descriptions. 8.5 Opinions of Probable Construction Costs, (OPC's) Opinions of probable construction costs provided by the Landscape Architect are based on the designer's familiarity with the landscape construction industry and are provided to assist the CPA's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated. Since the Landscape Architect has no control over the cost of labor, materials, equipment and/or the contractor's methods of determining bid prices, accordingly, the Landscape Architect cannot guarantee that bids or actual costs will not vary from his opinion. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of the Agreement by the furnishing of opinions of probable construction costs. Should the GPA require further detailed cost information, it is recommended that the services of a professional cost estimator be procured. 8.6 Construction Safety The presence of the Landscape Architect, its employees, or consultants at the Project site shall not be deemed an assumption by the Landscape Architect of any obligations, duties, or responsibilities for safety, including but not limited to construction means, methods, sequences, techniques, or procedures necessary Page 14 Landscape Architectural Proposal- Seal Beach Tennis Center for performing, superintending, or coordinating the work of the Project in accordance with the Construction Documents or any regulatory health or safety requirements. The Landscape Architect, its employees, and consultants have no authority to exercise any control over any construction contractor, it's employees, or subcontractors in connection with their work or health and safety programs and procedures. 9.0 LANDSCAPE ARCHITECT COMPENSATON 9.1 Compensation for Landscape Architectural services performed under this Agreement shall be a stipulated sum plus Reimbursable Expenses as defined herein, and is subject to the provisions of the Agreement. Supplemental Services, when requested in writing by the GPA, shall be compensated on an hourly basis at the rates provided in this section, or on the basis of a negotiated fee provided in an amendment to this Agreement. Hourly rates are good for the period of one year from this document date. 9.2 Hourly Rates: • Principal In Charge $170.00/hour • Project Manager $130.00/hour • Senior CAD Operator $110.00/hour • CAD Operator $95.00/hour • Administrative Staff $75.00/hour 10.0 REIMBURSABLE EXPENSES 10.1 Reimbursable expenses are expenditures for the Project made by the Landscape Architect, its employees and consultants in the interest of the Project plus an administrative fee of 10%. Reimbursable expenses include but are not limited to the following: • All reproduction costs. All printing done by a professional reprographics company, photographs, and mock-ups requested by the GPA. • Costs for scanning plans that are not available on compatible computer disks. • All postage and handling charges, faxes, messenger and overnight delivery services. • Services of professional consultants which cannot be quantified at the time of contracting (see Exclusions, below). • All revisions to previously approved plans including base sheet information by others. • All additional services requested by others above and in addition to the scope of work listed above, and other similar direct Project-related expenditures. 11.0 PAYMENT SCHEDULE 11.1 Monthly payments to the Landscape Architect shall be based on; 1) the percentage of the Scope of Services completed in accordance with the RFP Schedule of Services Page 5 Landscape Architectural Proposal-Seal Beach Tennis Center 11.2 The Landscape Architect will invoice to the amounts denoted in the Fees section above. Payments are due and payable 30 days from the date of the Landscape Architect's invoice. 12.0 INSURANCE 12.1 Upon acceptance of this proposal, BGB Design Group will provide proof of General Liability, Professional Liability and Automobile Insurance to the amounts required as requested by GPA. 13.0 EXCLUSIONS Specifically excluded from the Landscape Architect's services are the following items, which shall be provided by others if required: 13.1 Base data and information necessary for the execution of Landscape Architectural services including but not limited to the following: • Locations of all existing utilities, easements, structures, paving, trees or other pertinent site information 13.2 Work outside that of the Landscape Architect's expertise and scope of work. This includes civil, mechanical, structural and electrical engineering services. 13.3 Additional services made necessary by contractor default. 13.4 All fees required for securing approval of agencies having jurisdiction over the project, (i.e., Plan Check Fees). The fees must be paid directly to the agency from GPA. All processing of plans shall be by GPA. 13.5 All inspections, out of office meetings, showroom or material yard meetings, or selecting plant materials at nursery locations prior to shipping to site. We trust that our understanding of the above scope of services meets your expectations and appreciate the opportunity to be of service to GPA and look forward to working together if awarded this commission. Respectfully, 40-541 Page 16 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. 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 though set 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 of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR 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 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at 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 diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound 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. l 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 I 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, 1777.6 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 journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that 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 Contract pursuant 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 project, Consultant shall immediately notify City. 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 1813 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 for each 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 eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight 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 performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the 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 City) City, its officials, officers, employees, agents and independent contractors serving in the role of 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 entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. RESOLUTION 7247 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GILLIS + PANICHAPAN ARCHITECTS, INC. FOR TENNIS CENTER IMPROVEMENT PROJECT, CIP BG2105 WHEREAS, the 2011 Citywide Facility Condition Assessment Report identified the Tennis Center facility to be in poor condition; and, WHEREAS, the City desires to effectively use the Tennis Center facility space to provide for the community and the end users; and, WHEREAS, at the March 31, 2021, Strategic Planning Meeting, the City Council directed staff to evaluate the feasibility of incorporating the locker room into the clubhouse; and, WHEREAS, on December 13, 2021, the Tennis Center Improvement Project (Project) Conceptual Design Plans were presented to City Council for feedback and the City Council provided feedback with respect to the Conceptual Design Plans; and, WHEREAS, on December 13, 2021, Budget Amendment 22-06-03 was approved allocating $2,570,000 for the Project; and, WHEREAS, the City desires to retain a professional architect to provide professional design services for the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH 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$234,900 to provide professional design services for the Tennis Center Improvement Project. 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 December 22, 2021. SECTION 3. The City Council hereby authorizes the City Manager to approve Agreement amendments for additional work payment requests in connection with the Project in the cumulative not-to-exceed amount of$20,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 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 Joe aimick, Mayor ATT-ST: ti0RP0AgT�4� rA. 1:J%v2„,-,. '14 •411// Gloria D. HItdrper, City Clerk nIINTV tY' 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 7247 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January 2022. d‘,A22011b Cinyudi //Gloria D. Harp.r, City Clerk , _____.........41 GILL&PA-01 MCCOWANA A���" CERTIFICATE OF LIABILITY INSURANCE DATE 2/15/2022 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE'CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0E67768 CONTACT Dana Schwartz IOA Insurance Services PHONE 619 574-6223 50203 FAX 4370 La Jolla Village Drive (AIC,No,Ext):(619) (A/c,No):(619)574-6288 Suite 600 a AR1ESS:Dana.Schwartz@ioausa.com San Diego,CA 92122 INSURER(S)AFFORDING COVERAGE NAIC# ' INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Hudson Insurance Company 25054 Gillis&Panichapan Architects,Incorporated INSURER C: 2900 Bristol St.Suite G205 INSURER D: Costa Mesa,CA 92626 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PSB0001119 9/1/2021 9/1/2022 DAMAGE T Ea OCCU D 1,000,000 X PREMISES�Ea occurrence. $ X Contractual Liab. MED EXP(Any one person) $ 10,000 X Sev of Interests PERSONAL&ADV INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY jECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: Deductible $ 0 A AUTOMOBILE LIABILITY (Ea aMaBI dent) SINGLE LIMIT $ 1,000,000 X ANY AUTO PSA0001116 9/1/2021 9/1/2022 BODILY INJURY(Per person) $ . OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident)_ $ AUTOS ONLY _ NON-OWNEDUUTS PROPERTY DAMAGE (Per PROPERTY $ X Comp.:$1,000 X Coll,:$1,000 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB ,CLAIMS-MADE PSE0001038 9/1/2021 9/1/2022 AGGREGATE $ 3,000,000 , DED X RETENTION$ 0 $ A WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY Y/N P5W0001177 9/1/2021 9/1/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE. E.L.EACH ACCIDENT $ FFICERIMEMBEREXCLUDED? N/A 1,000,000 Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liab. PRB0619112815 11/8/2021 11/8/2022 Per Claim 2,000,000 B Ded.:$5k Per Claim PRB0619112815 11/8/2021 11/8/2022 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/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. • • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Seal Beach (_ 419. 211 Eighth Street oT+-/ ISeal Beach.CA 90740 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Gillis&Panichapan Architects, Incorporated RLI Insurance Company Policy Number: PS80001119 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II—LIABILITY 1. C.WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodilyinjury" or "propertydamage" for t y a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement;or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery.Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or"personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury"or"property damage"occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 0212 — Page 1 of 1