HomeMy WebLinkAboutCC AG PKT 2008-05-12 #T
AGENDA STAFF REPORT
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DATE:
May 12, 2008
TO:
THRU:
FROM:
Honorable Mayor and City Council
David Carmany, City Manager
Vince Mastrosimone, Director of Public Works
SUBJECT: FIRE STATION NO. 48 ARCHITECTURAL AGREEMENT
SUMMARY OF REQUEST:
City Council adopts Resolution No. _ amending the Capital Improvement
Budget and approving a Professional Services Agreement with Andresen
Architecture, Inc. for completion of construction plans, specifications and
construction cost estimate (PS&E) for the Fire'Station No. 48 project.
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BACKGROUND:
At the April 21, 2008 meeting, the City Council directed staff to proceed with
development of the PS&E for the fire station project. Andresen has provided the
City with conceptual plans as well as design development drawings. They have
submitted a proposal (see Agreement Exhibit A) to complete the PS&E suitable
for bidding and to provide consultation services during the bidding phase and
construction phase. The proposal also has a schedule which indicates the PS&E
will be completed within 45 days.
Per the direction from the City Council, the final plans and specifications will
allow for deductive bid alternates for 1) omitting four dorm rooms; 2) omitting
community room/EOC, kitchen, storage and one restroom; and 3) omitting one
apparatus bay.
FINANCIAL IMPACT:
Thus far, the City has expended $85,000 for the conceptual plans and design
development drawings. Architectural fees for similar projects range between 8-
12% of construction costs. Based on the $6.7 million estimate we have, the fee
range would be $536,000 to $804,000. The fee proposed is $480,000. Including
the previous payments, the total fees for the project would be $565,000, well
within the range. It is proposed that the funding come from unallocated General
Fund Reserves.
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RECOMMENDATION:
It is..respectfully recommended that the City Council adopts Resolution No._
amending the Capital Improvement Budget and approving a Professional
Services Agreement with Andresen Architecture, Inc. for completion of
Agenda Item T
construction plans, specifications and construction cost estimate (PS&E) for the
Fire Station No. 48 project.
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NOTED AND APPROVED:
C7~~
David Carmany, ~ity Manager
Attachments:
A. Resolution
B. Agreement
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT,
NO. 08-21 FOR 2007/08 TO FUND CAPITAL IMPROVEMENT
PROJECT BG0803, FIRE STATION NO. 48 ARCHITECTURAL
SERVICES AND APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH ANDRESEN ARCHITECTURE, INC. FOR
THE FIRE STATION NO. 48 PROJECT
WHEREAS, at the April 21, 2008 meeting, the City Council directed staff to
proceed with development of the Plans, Specifications and
Estimate (PS&E) for the Fire Station No. 48 project, and;
WHEREAS, this project was not part of the approved FY 07\08 Capital Projects
Fund, and;
WHEREAS, funding was not allocated to this project, and;
WHEREAS, funding is available from the unallocated General Fund Reserve,
and;
WHEREAS, Andresen Architecture, Inc. has submitted a proposal to complete
the PS&E and provide other construction services.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
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Section 1. The budget is hereby amended to add Capital Improvement Project
BG0803 to the Capital Projects Fund allocating $500,000 from the
General Fund Reserve
REVISEDI
ADOPTED PROPOSED BUDGET
DESCRIPTION ACCOUNT BUDGET BUDGET AMENDMENT
Contract Prof
Services 045-333-44000 $14,632,335 $15,132,335 $500,000
Transfer Out 001-080-47000 $6,459,691 $6,959,691 $500,000
Transfer In 045-000-31500 $9,781,457 $10,281,457 $500,000
Section 2. The City Council hereby approves the agreement with Andresen
Architecture, Inc. dated May 12, 2008 and authorizes the City
Manager to execute the agreement with Andresen Architecture, Inc.
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Resolution Number xxxx
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beach on the 12th day of Mav . 2008 by the following vote:
AYES:
Council Members
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NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, Califomia, do hereby certify that the
foregoing resolution is the original copy of Resolution Number on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 12th day
of Mav , 2008.
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City Clerk
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PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES
between
City of Seal Beach
211 - 8th Street
Seal Beach, cA ~0740
&
Andersen Architecture, Inc.
17087 Orange Way
Fontana, CA 92335
TillS AGREEMENT is made and entered into this 12th day of Mav 2008, by and
between the City of Seal Beach, a municipal corporation ("City") and Andresen
Architecture, Inc., a California corporation ("Architect").
RECITALS
A. City desires to build Fire Station #48 at 3131 Beverly Manor Road, in the City of
Seal Beach (the "Project"), which Project requires the engagement of a licensed architect for
analysis, planning and design services.
B. Pursuant to the authority provided by its City Charter and Government Code
Section 37103, if applicable, City desires to engage Architect to design the Project in the manner
set forth herein and more fully described in Section 1.
C. Architect represents: the principal members of Architect are qualified professional
architects duly registered under the laws of the State of California; it is fully qualified to perfonn
the architectural services contemplated by this Agreement in a good and professional manner;
and it d~sires to perform such services as provided herein.
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NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
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1. Architect's Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set forth
in this Agreement, City hereby engages Architect to perform the technical and professional
services ("Services") set forth in the Proposal for Architectural Services dated April 23, 2008
and attached as Exhibit A, which is hereby incorp~rated by this reference. Such services shall
include, without limitation:
'1~.. ~~w(jiki#g"dia:~~jng:p~..~ s~equent..Co~truetioh ~6-a,~on~. .nus mc1u.de~ bu~ ~
I ,not . limited to: Site. ~ 'F!opr PIan, Roof Plan, Sections,- FoundatiolVPlaJ;l, ;"Framing- Plans, Interim' and
: ; Extiribr )ievatibns, M'~~.'.Plunlbihg &. Eiectrkal. PlanIi, $oiJ8.' ~port, F01ll1.dati~ Review, by .Soii~s ~, '
-.' .. . Bngineer/Erop cOnticif~.Landscape. imd'~gatiim~, F~.spi~, 'truSs caI~Ia:fums, Oet&ijed'. . '. '
CoSt ~ijma~, ~ .Engineering' and specificatiON according to builctihg ~oq.e and/or owners crite:ria" .
..( - ~ an detaUs ~~'ary to ~Jy cO~~ate the ~orJ,(iI\volv~ " ..... . -' .'. . .
2. .....~~.P~ ~\~lari:~ and ~er's,reYiew I?i..o~,s, ~~ ~ ~q.ns ~:necessl9'Y .~~
. - :abtain ~ r~ed approvals,' ...: , . ':. ". '. " : ., .. . .
3:.' Ci'vn.'~~g to ~qde: .'T~8raphic: s~ey, Boundary 5uQ'ey, :Preds~ Gra,dh)g Plari"and Street
. ImprbVeii\e;hf'PISns.. '.: '.'.,:.~.'. ..../' " '.:." :. . . . --.' ,. ..... ,.:,
4: . Landscap~ pJaxlS to incljlde:' lapascape.arid irrigatipn drawmgs, landScape plan wi~,legeil.d and layout ~
; . ,and grouni3: ~er iayout p~ ~ lay,QUt plan, ~~iga.lion .1'18%\' ~th legend, ~e and ~~! ~iIs
.~, and,snedficationS.' . '. ~ ; ;. '. : . \. ',: .'
..F . .... \;" .. \ .. , ! . . I .:. .",
.S. '.' ~tdcopies.Qf prOlP,-'eSS ~~ and P.ari ch~Ck prints.: '. ' .
"6:' Att-.~honecaijs.andfaCs~.tr~ons.,.. . . .....
7:' . Bidding revieW arid assistance. ~. <' .'
8.' . Const:niCt:i A~~atidn:.... ' '..
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1.2
final approval.
Plans. Architect shall provide two complete sets of plans to City after
1.3 Time for Performance. Architect shall perform all services under this
Agreement on a timely, regular basis consistent with industry standards for professional skill and
care. Architect shall complete all services within 45 working days after the Effective Date of
this Agreement.
1.4 Standard of Care. As a material inducement to City to enter into this
Agreement, Architect hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status arid experience, Architect hereby covenants that it
shall follow the customary professional standards in performing all services.
1.5 Familiaritv with Services. By executing this Agreement, Architect
represents that, to the extent required by the standard of practice, Architect (a) has investigated
and considered the scope of services to be performed, (b) has carefully considered how the
services should be performed, and (c) understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. Architect represents that Architect,
to the extent required by the standard of practice, has investigated the subject site and is
reasonably acquainted with the conditions therein. Should Architect discover any latent or
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unknown conditions, which will materially affect the performance of services, Architect shall
immediately inform City of such fact and shall not proceed except at Architect's risk until
written instructions are received from the City Representative.
1.6 Compliance with Americans with Disabilities Act. All conceptual design
plans prepared by Architect for the Project shall comply with the Americans with Pis abilities
Act (42 U.S.C. Section 12001 et seq.).
2. Term of Agreement. This Agreement is effective as of February 11, 2008 (the
"Effective Date"), and shall remain in full force and effect until Architect has rendered the
services required by this Agreement, unless sooner terminated as provided in Section 14 herein.
3. Compensation and Exoense Reimbursement.
3.1 Compensation. City shall compensate Architect at its standard hourly
rates set forth in Exhibit B for the services provided pursuant to Section 1.1 of this Agreement.
In no event shall the City pay Architect more than the total sum of Four Hundred and Eighty
Thousand ($480,000), unless additional services are provided pursuant to Section 3.2. City shall
not withhold any federal, state or other taxes, or other deductions.
3.2 Additional Services. City shall not pay Architect for additional services
unless the City Council authorizes, in advance, such services. City shall compensate Architect
for any authorized extra services at the hourly rates set forth in Exhibit "B"
4. Representatives.
4.1 City Representative. For the purposes of this Agreement, the contract
administrator and City's representative shall be the Public Works Director, or such other person
as the Director designates in writing (hereinafter the "City Representative"). It shall be
Architect's responsibility to assure that the City Representative is kept informed of the progress
of the performance of the services, and Architect shall refer any decisions that must be made by
City to the City Representative. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City Representative.
4.2 Architect Representative. For the purposes of this Agreement, Doug
Andresen is hereby designated as the principal and representative of Architect authorized to act
in its behalf with respect to the services specified herein and make all decisions in connection
therewith (the "Responsible Principal"). It is expressly understood that the experience,
knowledge, capability, and reputation of the Responsible Principal were a substantial inducement
for City to enter into this Agreement. Therefore, the Responsible Principal shall be responsible
during the term of this Agreement for directing all activities of Architect and devoting sufficient
time to personally supervise the services hereunder. Architect may not change the Responsible
Principal without the prior written approval of City, which approval shall not be unreasonably
withheld.
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5.
Architect's Personnel.
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5.1 All Services shall be performed by Architect or under Architect's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
5.2 Architect shall be solely responsible for the satisfactory work performance
of all personnel engaged in performing the Services and compliance with the standard of care set
forth in Section 6 below.
5.3 Architect shall be responsible for payment of all employees' and
subconsultants' wages and benefits, and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social Security.
5.4 Architect shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as independent
contractors in the role of city or agency officials, from any and all liability, damages, claims,
costs and expenses of any nature to the extent arising from Architect's alleged violations of
personnel practices. City shall have the right to offset against the amount of any fees due to
Architect under this Agreement any amount due to City from Architect as a result of Architect's
failure to promptly pay to City any reimbursement or indemnification arising under this Section
5.
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6. Standard of Performance. Architect shall perform all services to customary
professional standards and in a manner reasonably satisfactory to City.
7. Ownership of Work Product.
7.1 Ownership of Plans. All plans, specifications, reports, studies, tracings,
maps, drawings, blueprints, or other written material (collectively "Plans" in this Section 7)
prepared or obtained by Architect in the course of performing the Services shall be and remain
the property of City without restriction or limitation upon its use or dissemination by City, and
Architect shall convey and transfer all copyrightable interests in the Plans to City. Basic survey
notes, sketches, charts, computations and similar data prepared or obtained by Architect under
this Agreement shall, upon request, be made av.ailable to City. Such material shall not be the
subject of a copyright application by Architect. Any reuse by City of any such materials on any
project other than the Project shall be at the sole risk of City unless City compensates Architect
for such use. City agrees to indemnify, defend and hold harmless Architect against any claims,
losses, costs or damages as a result of City's reuse of the Plans without compensation to, or prior
authorization of, Architect. In the event of the return of the Plans to Architect or its
representative, Architect shall be responsible for their safe return to City. Architect shall be
entitled to retain copies of the Plans for Architect's files. Under no circumstances shall Architect
fail to d~liver any draft or final plans, drawings or specifications to City upon written demand by
City for their delivery, notwithstanding any disputes between Architect and City concerning
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payment, performance of the contract, or otherwise. This Covenant shall survive the termination
of this Agreement.
7.2 Assignment of Intellectual Pro'Oertv Interests. Upon execution of this
Agreement, the Architect shall grant to City and shall require all of its consultants to assign to
City all common law, statutory and copyrights, trademarks, and other intellectual property rights
in connection with Architect's Instruments of Service and the Project itself, including but not
limited to all rights under the 1990 Architectural Works Copyright Protection Act, and shall
retain no rights whatsoever as to such items. Provided, however, Architect shall retain the right
to utilize such Instruments of Service solely in connection with the performance of its duties
under this Agreement, and City shall be entitled to utilize such rights for any and all purposes,
including but not limited to constructing, using, maintaining, altering, adding to, restoring,
rebuilding and publicizing the Project. Architect specifically agrees that filming (still, motion
picture, television and yet to be developed analogous processes) in or about the Project shall not
infringe on any rights of Architect or require Architect's permission or consent, or require the
provision of any screen or equipment credit or payment of any sums to Architect.
7.3 Title to Intellectual Pro'Oertv; Architect represents that it has secured all
necessary licenses, consents or approvals to use the components of any intellectual property,
including computer software, used in the rendering of services and the production of the
materials produced under this Agreement, and that City has full legal title to and the right to
reproduce such materials. Architect 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 is violating federal, state or local laws, or any contractual
provisions, relating to trade names, licenses, franchises, patents or other means of protecting
interests in products or inventions. Architect shall bear all costs arising from the use of patented,
copyrighted, trade secret or trademarked materials, equipment, devices or processes used on or
incorporated in the services and materials produced under this Agreement. In case such
materials, equipment, devices or processes are held to constitute an infringement and their use is
enjoined, Architect, at its expense, shall: (a) secure for City the right to continue using the
materials by suspension of any injunction or by procuring a license or licenses for City; or (b)
modify the materials so that they become non-infringing. This covenant shall survive the
termination of this Agreement.
8. Status as Independent Contractor. Architect is, and shall at all times remain as to
City, a wholly independent contractor. Architect shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor
any of its agents shall have control over the conduct of Architect or any of Architect's
employees, except as set forth in this Agreement. Architect shall not, at any time, or in any
manner, represent that it or any of its officers, agents or employees are in any manner employees
of City. Architect shall pay all required taxes on amounts paid to Architect under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created'by this Agreement. Architect shall fully comply with the workers' compensation law
regarding Architect and Architect's employees. Architect further agrees to indemnify and hold
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City harmless from any failure of Architect to comply with applicable workers' compensation .
laws. City shall have the right to offset against the amount of any fees due to Architect under
this Agreement any amount due to City from Architect as a result of Architect's failure to
promptly pay to City any reimbursement or indemnification arising under this Section 8.
9. Confidentiality. Architect may have access to financial, accounting, statistical,
and personnel data of individuals and City employees. Architect covenants that all data,
documents, discussion, or other information developed or received by Architect or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Architect
without prior written authorization by City. City shall grant such authorization if applicable law
requires disclosure. All City data shall be returned to City upon the termination of this
Agreement. Architect's covenant under this section shall survive the termination of this
Agreement.
10. Conflict of Interest.
10.1 Architect covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the Services, or which would conflict in
any manner with the performance of the Services. Architect further covenants that, in
performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Architect shall avoid the appearance of having any interest, which would conflict
in any manner with the performance of the Services. Architect shall not accept any employment
or representation during the term of this Agreement which is or may likely make Architect .
"financially interested" (as provided in California Government Code ~~1090 and 87100) in any
decision made by City on any matter in connection with which Architect has been retained.
10.2 Architect further represents that it has not employed or retained any
person or entity, other than a bona fide employee working exclusively for Architect, to solicit or
obtain this Agreement. Nor has Architect paid or agreed to pay any person or entity, other than a
bona fide employee working exclusively for Architect, 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
Architect hereunder the full amount or value of any such fee, commission, percentage or gift.
10.3 Architect has no knowledge that any officer or employee of City has any
interest, whether contractual, noncontractual,' financial, proprietary, or otherwise, in this
transaction or in the business of Architect, and that if any such interest comes to the knowledge
of Architect at any time during the term of this Agreement, Architect 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 subsection 10.1.
11. Indemnification.
11.1 Indemnity for Professional Services. In connection with its professional
services, Consultant shall defend, hold harmless and indemnify City, and its elected officials,
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officers, employees, servants, designated volunteers, and those City agents serving as
independent contractors in the role of city or agency officials (collectively, "Indemnitees"), with
respect to any and all claims, demands, damages, liabilities, losses, costs or expenses
(collectively, "Claims" hereinafter), including but not limited to Claims relating to death or
injury to any person and injury to any property, to the extent to which they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its
officers, employees, subcontractors, or agents in the performance of its professional services
under this Agreement, but not to the extent the result of the negligence or willful misconduct of
the City or of other third parties not under the control or the supervision of Consultant..
Architect's obligation to defend pursuant to this Section 11.1 shall apply independent of any
prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees.
Architect shall defend Indemnitees in any action or actions filed in connection with any of said
claims with counsel of City's choice, and shall pay all costs and expenses, including all
attorneys' fees actually incurred in connection with such defense.
11.2 Other Indemnities. In connection with all Claims not covered by Section
11.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any
and all Claims including but not limited to Claims -relating to death or injury to any person and
injury to any property, which arise out of, pertain to, or relate to the acts or omissions of
Consultant or any of its officers, employees, subcontractors, or agents in the performance of this
Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection
with any such Claims with counsel of City's choice, and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection with such defense.
Architect's duty to defend pursuant to this Section 11.2 shall apply independent of any prior,
concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees.
Architect shall defend Indemnitees in any action or actions filed in connection with any of said
claims, damages, penalties, obligations, or liabilities with counsel of City's choice and shall pay
all costs and expenses, including attorneys' fees actually incurred in connection with such
defense.
11.3 Acknowledgment of Indemnity Duties. By affixing his or her initials
below, each party representative hereby acknowledges that the representative has read and
accepted the provisions set forth in this Section 11.
City
Architect
Architect
11.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Architect because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
11.5 Waiver of Right of Subrogation. Architect, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
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11.6 Survival. The provisions of this Section 11 shall survive the termination
of the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against an Architect shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
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12. Insurance.
12.1 Liabilitv Insurance. Architect shall procure and maintain in full force and
effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Architect, and its agents, representatives, employees
and subconsultants.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
12.2.1 Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
12.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
12.2.3 Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
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12.2.4 Professional Liability insurance. Architect shall provide to City
the standard form issued by the carrier.
12.3 Minimum Limits of Insurance. Architect shall maintain limits no less
than:
12.3.1 General Liability: $1,000,000 per occurrence and in the aggregate
for bodily injury, personal injury and property damage. Commercial General Liability Insurance
or other form with a general aggregate limit shall apply separately to this Agreement or the
general limit shall be twice the required occurrenc;;e limit.
12.3.2 Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
12.3.3 Employer's Liability: $1,000,000 per accident and in the aggregate
for bodily injury or disease and Workers' Compensation Insurance in the amount required by
law.
12.3.4 Professional Liability: $1,000,000 per claim/aggregate.
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12.4 Deductibles and Self-Insured Retentions. Architect shall inform City of
any deductibles or self-insured retentions except with respect to professional liability insurance.
12.5 Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
12.5.1 City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of city or agency officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on behalf of
Architect; products and completed operations of Architect; premises owned, occupied or used by
Architect; or automobiles owned, leased, hired or borrowed by Architect. The coverage shall
contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named insured.
12.5.2 For any claims related to this Agreement, Architect's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of city or agency
officials. Any insurance or self-insurance maintained by City, their officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials shall be excess of Architect's insurance and shall not contribute with it.
12.5.3 Architect's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
12.5.4 Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially modified except after 30 days prior written
notice by first class mail has been given to City.
12.5.5 Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against City and
its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of city or agency officials.
12.6 Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:Vll unless waived in writing by City's Risk
Manager. '.
12.7 Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Architect's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
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12.8 Subconsultants. Architect shall include all subconsultants as insureds
under its policies or shall furnish separate certificates and endorsements for each subconsultant.
. All coverages for subconsultants shall be subject to all of the requirements stated herein unless
otherwise approved in advance in writing by City.
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13. Cooperation. In the event any claim or action is brought against City relating to
Architect's performance or services rendered under this Agreement, Architect shall render any
reasonable assistance and cooperation that City might require. City shall compensate Architect
for any litigation support services in an amount to be mutually agreed upon by the parties.
14. Termination. Either party shall have the right to terminate this Agreement at any
time for any reason on written notice to the other party. In the event either party exercises its
right to terminate this Agreement, City shall pay Architect for any services rendered prior to the
effective date of the termination. Architect shall have no other claim against City by reason of
such termination, including any claim for compensation.
15. Suspension. City may, in writing, order Architect to suspend all or any part of the
Architect's Services for the convenience of City or tor work stoppages beyond the control of
City or Architect. Subject to the provisions of this Agreement relating to termination, a
suspension of the Services does not void this Agreement.
16. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if .
delivered by hand or overnight courier service during Architect's and City's regular business
hours or by facsimile before or during Architect's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section. All notices shall be
addressed as follows:
If to City:
City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Architect:
Doug Andresen, Principal
Andresen Architecture, Inc.
17087 Orange Way
Fontana, California 92335
Fax: (909) 349-2302
.
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5729&.:0200\1029909v6.doc
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17. Non Discrimination and Eaual Emolovment Oooortunitv. In the performance of
this Agreement, Architect shall not discriminate against any employee, subconsultant, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or ,mental handicap, medical condition, or sexual orientation.
Architect will take affirmative action to ensure that subconsultants and applicants are employed,
and that employees are treated during employment, without regard to their race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
18. Non-Assil!Ilabilitv: Subcontracting. Architect shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Architect's obligations
hereunder. Any attempt by Architect to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
19. Comoliance with Laws. Architect shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Architect performs the
Services.
20. Non-Waiver of Terms. Rig:hts and Remedies. Waiver by either party of anyone
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Architect constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Architect, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
21. Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including attorneys' fees actually incurred in connection with such enforcement or interpretation.
22. Exhibits: Precedence. All documents referenced as exhibits in this Agreement are
hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document incorporated herein by
reference, including but not limited to the Architect's Proposal dated February 4, 2008 and
attached hereto as Exhibit A, the provisions of this Agreement shall prevail.
23. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
11 of 14
S7296~0200\1 029909v6.doc
24. Entire Agreement. This Agreement, including any other documents incorporated .
herein by specific reference, represents the entire and integrated agreement between Architect
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
Linda Devine, City Clerk
:~
Name: c::cu 6- ANQU""""
Title: ~ I
By:. ~
Name: ' \...,...&0'\ ~ ~
Title: ~
(Two signatures required for corporations
under California Corporations Code ~ 313)
By:
David Carmany, City Manager
Attest:
By:
Approved as to Form:
By:
.
Quinn Barrow, City Attorney
.
12 of 14
57296-0200\1 029909v6.doc
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EXIllBIT A
January 31, 2008 Proposal for Architectural Services
13
S7296~0200\1 029909v6.doc
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Datr- .23~F-2008 " .- .... ........ '.... Project No. 07-480
''''. .'. i'. Proj~~,~!!= F~~.~~tiqil..#t_~~.. '. '. .J, . I.. " '.. . :'. ' . . . ',FeI: (5~) 431-2?17 Ext.3QO
. ,,; .-:~~sN,~e:.~'ly.ofSeal;Be~. ...~,..., .... '... '.1 ,. ,...:.:: .!..Pax:(562)493-<9857. "
) \: '. .. . C~.~~~c{N'~Jn~.."i": .... '''1\' ..'-.:..".' ,', . .'. '-1. '.- ',~ . '.' .B:~: '~~an'y~~se~::~each.ca.~
. ..... ...' ,.Slte.AdcIress;~100BeverI1J~an~.R,pac:t.~eiJI'~e~CA... . ., ..... :.' :'....,!, \ , . . ..' ';,
. ..: . Malling~~dresi:.~~ot~e!iB~*-,p~HaII,~lEi~th..st.,S~JJ.e~.~A.9P74Q' . \. .'\, \.... .. ., ..
, , Thank .yo.1t for asking'11:1ll tal give .'You !a .prop~i;al' tal cmnplete the Constr:action.. Document Pa'clcllge dated 16 March
.. 20gB by AA,I ~ y~ new fire St4tion 1t'8 u,. Seal.Beach, cA: '
iPROPOSAL.SERvtCES To.maUDE TaE FOLLOWING SERVICES: . : . .:
. '1', . ~v~.woi~g, ~~g P~~..8;I,\d. sUbsequent. C~truetion ~c:lIIQnisfr~tion Services. This ix\cludes but is
I ,not)~~ to: Site..Pl~ ~~ Plan, ~o~f.~.Sections,.Fouhda1;i~t"~"F~g. Plaps, Ihterier and
Exti!ribr, Elevations, Jvlec:hani,cid,'\Plwlibfug &: . ElecfriciU..Planl!, ~9iJs. Report Foundation Re'fiew by SoU'.s.. .
~,~Eib,~ c;dntrOf~.'~andscape.aiui.'qatioii. PlfUlS;.~eSpPnIqefs; TruSs Cal~ations~ Deta'iIed
\' 1:., Cost ~~a~, S~#al En~g aiui sped'fications acCordmg to bulldihg code andj or owner's criteria,
:." ~d all de,~ neCessary to c;1earJy coD1D'i1iniC:ate the y?orJ,(iit.volved:' . .
. . 2. ....:J$xpedi~g plans ~h'.pIBri check and oWJle1"'s, reView process, including making reviSiOns.as necessary to
'". 'f)btain e;i1 reql$"ed approvals. I~. . ~ . .: ". I . . .
. . . 3, 'CiVil ~,e~$ to ~l~e: i T~li!.g'rap'~ ,sUrvey, Boundiuy Sury~, Precise Grll,ciliJg PIan, ,and Street
, Improvement Plans. . . '.' , ' .. I .',.., .... . '
: i 4. Landscap~ p]aJ:1s ta 'incl1~cte: 1ap.as~ape8nd irrigation drawih~, Iait~cape pian' with, l~gend and layout,!tee' .,
,and ground. cover faYoUf plan; Shrub ~Y,c;lut plan, ~tion. pl~ "Vith legen~ mairipne and 1ater~ details
.,. axid.sped,fu:ations.' '. ': { I.'" ',. '. : . . ' . I .
. 5.' PI:w~copi"es.Qi~bps ~~ \and pl.an: ch~ck prints. .1 .-
. \', '6; Allte1ephone calJ,s and facsiJnile tr~ions.
. .7. Bidding review and ass~~. :... ., ,
'. .8.. . ConstFUction AdminiStration. , :
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I~' ~~d ~~~k 'bqond the .:s~-"e .,~f sm,ice~ Will 'bi:.bilj~iI.oll a. ff.m.e ~1I~ ~tmal.b~s.. Cit,"t to provide'.
, . ,{!G",,1it D.,'id," tIoCu~.f 01' Title ~eport 01 th~ property,."aIl(tp~ ,izll tipI~ teeS for. plan a'R,pioval, ',. ..' ,.
.. SBRVlcES .EXCLUD1?D:.'('the follOw}ni. is a list of semces and/or inftirmatirin not. included. but ~ld-be prwided on mi
. J. ,additional serpice ba,is). '. /-, . .', . , .
. \. 1.. 'Aftik fir\al aP.FQ.val, p)ottipg & replotting.tp be reimburs~d afa COl!~ of $10:00 per ~eet..R~uc~on.prints
are:billedp.areiDtQUrsableat.a:.costof.~2.50p~sh,eet. '..' '. ., . .... '. .
'" " 2. Consttuction Staking, Erosion control Plan, ?$'colation Test.. R.e~ Walls, Pllst-Tensioned Slab Design,
.~ '. '. PrOcessiItg Va:r~anCes, B~19gital5.~fif, 'R~diologist Report, Storefr~t Calcs,.SWPP~, Hydrology Study, Title
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'a:~ c:':~tions arid.p~yr1ients. of p~.fhd' fees~ building.p~tfeeS, v8rle.n~e ~es.,,;no~,fe.es. ,.
4. '. -^:d~titm:a1 re-dem,gi\~d~e to pWner ch~8.!5!in .sCo?e' or.F0gr~~' ~"be ~ed at. $i.2S.~O ;per hour for
_, Drafting, ~p mustrato'r.$1?5.00 .per hour an~ $175.00.per..pour.fo!, ~Clp81 !u'chitect. '
., WE PROPOSE TO PROVIDE'..CQ.~LET~ IWOl,tKING 'DRAWING PLANS, AS OUTLINED ABOVE,
ACCOMPANmD. BY ALL APPROPRIATE DESIGN..<lAL.CULATIONS, &.~. S"FAMPED BY:CAUFORNlA
UCENSED ARC'HrrE<::T FOR tHE SUM. OF: '. . . - . _ $480.000:00 (see breakdown below). ..
Fee ~d~wP ~ follows: ".: :' Scltematics:. . , . .. (Alr~dy COmpleted) . .
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. i \' '. Oesign De'!'e1opment.. " (Already C~mpleted)
". :C~f;ructl.on D~ts: .'. $41(400.00 '.~ ". .-"
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, '. Bidding:' , ". \ '. . '$ 5,600.00.
',. .C6nsftUCti~n.Adui'inistr:~'-,; ,.,.. $'56.000-.00.'. ~",)
I . .tbta1: - ..~ . .. '.$480;000:00
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ANDR,ESBN AACHlTEq1lRE me. 017087 ORANGE WA-Y 0 FONf/INA, CA 92335 . (909) 355-6688 . FA,X (909) 349-2302'
". '. . ;' .... ~: .' tt?si'tpur.webl!ite:ww.r-u,1aTfhj.tect~.co'tt,~.E-~il1dQug@larchitect.com .' '.
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, ' 23 April, 2008
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.' ,'; .,' ., . '., _Co~~ bQ~ts:!,:"f;. .-..' .$418.400.00' '
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.- ".. .:'" . " ....C~~t;!~A~str.ation:: ".' .. :S"~6.000.~" I
" .. ,.: Tota!: .', .,'" " ," ", . S480,OOO.OQ
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The ~~ FOpo~a1 is reqUired la,start proj~ct/ Progress pa~erit" Qf: '$200,00Q.OO 'to b~ ~ade!Sp' days. start of
, project: .P~y'men.t' of .$2181~~.OO due wb.~ CcmStriictwl\\ pO,camentS. ~.cOinp~efed;_Paym~t of $5~~OO-OO dne when.
.the .bid~ ~~eSS. is'com.pl~!i,.. Monthly..progress p~yments to be Jriad~ fO! Construction Ad~t:t,atiOJ:!.. as wo~k
ptogrel!5e'j. C;:onstructibJ\. DOFei1.ts will be c~pI~.teli and ready for i,rdtw. subulittiII within fortY, .aye (45) working .
'. days af.ter rec~pt df signed proposal . '.;' . . : . '.. .
. Archiu;ct agrees..to.'be held liable for' ~Q~S and. omissions in the pio;~c~. documents ~ising from the. sole negligence of
. the' Arcl.Utesi (~ee .attach.edJ'rovi,siops to ~!!l\'t). '.'i' '. . \ . - ~' -".. .. .:
., . . This agTeemeri~!inay' pe ~Jlted by ~ther ~ty.upon.seven...daY'~ 'wrl~ q.ot;i.c:e"sh~ ~,'6ther-'pilrty"fail to.
, substantiany perform, . in. accordance' with it t:ehns througH.ilEi fault of the party .initialing :the termination, This
agreemel'\fenf;Sed into aC,.l7087 Orange Way, Femtana,.tA, 92335, as of the d.ate written above. This proposal ~
reijt$t v~d fOr ~ peiiqcl of forty-five (~ days, at which time ~t:s terms.may b ubject to change. .
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S7296-:0200\l 029909v6.doc
EXHIBIT B
Architect's Standard Billing Rates for 2008
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