HomeMy WebLinkAboutA & E Consultants Group, Inc. - 2010-04-059
Dept. ID PW 15-021 Page 1 of 2
Meeting Date: 5/18/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 5/18/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve and authorize execution of a contract amendment to Professional
Service Contract with A&E Consultants Group, Inc for As -Needed General
Development Engineering Services
Statement of Issue:
An amendment to the Professional Services Agreement with A&E Consultants Group, Inc. is.
required to extend the contract duration to complete existing Public Works projects.
Financial Impact:
The contract amendment is to extend the contract duration only and no additional funds are
requested. Sufficient funds for services are available in the Residential Overlay, business unit.
21990418 and the West Orange County Water Board Administration, business unit 50885101 to
fund the remaining contract.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement
Between the City of Huntington Beach and A&E "Consultants Group, Inc." to extend the existing
professional services contract for two additional years.
Alternative Action(s):
Do not approve and direct staff on how to proceed.
Analysis:
A&E Consultants Group, Inc (A&E) is assisting the City With two Public Works projects and it is
necessary to extend the duration of the contract so that the firm can continue to work on these.
Public Works projects.
The City is responsible for maintaining approximately 200 residential lane miles of streets. As part
of the Pavement Management Program (PMP), a residential network Was created dividing the City
into 12 maintenance zones to allow the City to better coordinate maintenance 'activities. This
project will provide adjustments and preservations of. approximately 300 historical survey
monument locations that indicate horizontal alignment of streets scheduled for an asphalt overlay in
Zone 8
The City is a majority owner of the West Orange County Water Board (WOCWB), which owns,
operates, and maintains two large diameter, high-pressure transmission mains that deliver import.
water from the Metropolitan Water District. WOCWB members are: the City of Huntington Beach,
Westminster, Garden Grove, and Seal Beach. This project will relocate an existing underground
Item 5. - 1 HB --
Dept. ID PW 15-021 Page 2 of 2
Meeting Date: 5/18/2015
pressure regulating vault for a transmission main (OC-9) located in the intersection of Newland
Street and Bolsa Avenue to a nearby sidewalk. The new location at the sidewalk will allow much
safer and quicker access to the vault for future operation and maintenance.
Public Works Commission Action:
Not required.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. "Amendment No. 2 to Agreement Between the City of Huntington Beach and A&E
Consultants Group, Inc."
HB -39- Item 5. - 2
AMENDMENT NO.2 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
A&E CONSULTANTS GROUP, INC.
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"City," and A&E Consultants Group, Inc., a California corporation, hereinafter referred
to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated April
5, 2010, entitled "Professional Services Contract Between The City of Huntington Beach
And A&E Consultants Group, Inc., For As -needed General Development Engineering
Services," which agreement shall hereinafter be referred to as the "Original Agreement,"
and
City and Consultant wish to extend the Term of the Original Agreement for two
(2) additional years in order'to complete remaining tasks by Consultant for two projects,
City wide monument 4djustments and relocation of existing pressure reducing valve
station for OC-9 transmission main.
NOW, THEREFORE, it is agreed by City and Consultant as follows:
EXTENSION OF TERM
The term of the Original Agreement is hereby extended for two (2)
additional years. The Original Agreement shall now expire on April 5, 2017.
2. COMPENSATION UNCHANGED
The not to exceed amount of compensation remains at Six -Hundred
Thousand Dollars ($600,000.00).
15-4664/119152.doc
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
A&E CONSULTANTS GROUP, INC.,
a California corporation
By
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ITS: (circle on Secret Chief Financial
Officer/Asst. Secretary - Treasurer
AND APPROVED:
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Manager
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
Mayde '
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Clerk
INITIATED AND APPROVED:
Director of Public orks
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City Attorney eV,, V ,_ _ ?�
15-4664/119152.doc 2
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
May 20, 2015
A & E Consultants Group, Inc. (A & E, Inc.)
Attn: Michael M. Kim, P. E.
2601 Saturn Street, Suite 101
Brea, CA 92821
Dear Mr. Kim:
Enclosed for your records is a copy of the "Amendment No. 2 to Agreement Between The
City of Huntington Beach and A & E Consultants, Group, Inc."
Sincerely,
JF:pe
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
U 7- Carl
Dept. ID PW 13-003-Page 1 of 2
Meeting Date: 2/4/2013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 2/4/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve and authorize execution of contract extension Amendments to
Professional Services Contracts with Engineering Resources of Southern
California, and A&E Consultants Group to continue to provide as -needed
general development engineering services
Statement of Issue:
Amendments to Professional Services Agreements with Engineering Resources of Southern
California, and A&E Consultants Group are requested to decrease original contract amounts by
$150,000, from $750,000 to $600,000, and to increase contract time by 2 years to provide as -
needed general development engineering services.
Financial Impact:
Sufficient funds are authorized on the adopted Professional Services List from the General Fund,
Development Services, Professional Services, 10085251.69365, and also from the Water Fund,
Professional Services, 50685201.69365.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement
Between The City of Huntington Beach and Engineering Resources of Southern California, Inc," to
extend the existing professional service contract for 2 additional years, and to decrease original
contract amount by $150,000, from $750,000 to $600,000; and,
B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement
Between The City of Huntington Beach and A&E Consultants Group, Inc," to extend the existing
professional service contract for 2 additional years, and to decrease original contract amount by
$150,000, from $750,000 to $600,000.
Alternative Action(s):
Do not approve the amendments and instruct staff on how to proceed.
Analysis:
Historically, services required by the development community have exceeded the Public Works
Department's ability to meet the demand. The combination of budget constraints, current hiring
freeze, and likely increase in development activity in the near future are reasons Public Works will
continue to need the supplemental support from consultants to meet time sensitive development
project deadlines. Within the term of these agreements, plan check for several large projects such
as Pacific City, Park Side, Archstone, Beach Walk, and Boardwalk is anticipated. Staff and
consultant time for plan check and other services are charged to the developer on an hourly basis.
Item 3. - I HB -76-
Dept. ID PW 13-003-Page 2 of 2
Meeting Date: 2/4/2013
In compliance with Chapter 3.03 of the Municipal Code, Public Works Engineering staff solicits
proposals from engineering firms for as -needed general development engineering services,
primarily for the purpose of providing entitlement conditions and requirements, plan check, and
other engineering services for various development projects. Both current contracts with
Engineering Resources of Southern California and A&E Consultants Group expire on April 5, 2013.
Therefore, in order to continue to provide on -going general development engineering services to
maintain customer services for development projects, it is necessary to amend both contracts to
extend the term.
While the original contract amount was $750,000, actual expenditures over past 3 years were
significantly less than anticipated. Based on current projections, contract reductions to $600,000
will suffice for the 2 years of contract extensions.
Public Works Commission Action:
Not required for this action
Environmental Status:
Not applicable for this action
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
1. Amendment No. 1 to Agreement Between the City of Huntington Beach and Engineering
Resources of Southern California, Inc.
2. Amendment No. 1 to Agreement Between the City of Huntington Beach and A&E Consultants
Group, Inc.
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HB -77- Item 3. - 2
i
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE CITY OF HUUNTINGTON BEACH AND
A&E CONSULTANTS GROUP, INC.
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California -municipal corporation, hereinafter referred to as
"City," and A&E Consultants Group, Inc., a California corporation, hereinafter referred
to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated April
5, 2010, entitled "Professional Services Contract Between The City of Huntington Beach
And A&E Consultants Group, Inc., For As -needed General Development Engineering
Services," which agreement shall hereinafter be referred to as the "Original Agreement,"
and
City and Consultant wish to extend the Term of the Original Agreement for two
(2) additional years in order to provide for the performance of additional tasks by
Consultant,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
The term of the Original Agreement is hereby extended for two (2)
additional years. The Original Agreement shall now expire on April 5, 2015.
2. COMPENSATION REDUCTION
The not to exceed amount of compensation of the Original Agreement is
hereby reduced by one -Hundred and Fifty Thousand Dollars ($150,000.00). The new not
to exceed amount shall now be Six -Hundred Thousand Dollars ($600,000.00).
12-3475/84308 1
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
A&E CONSULTANTS GROUP, INC.,
a California corporation
By. /�--
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12-3475/84308
INITIATED AND APPROVED:
Director of Pulhic Yorks
APP D AS TO FORM:
Ci Attorney1
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A&ECONS-01 HBCT09
CE_ RTIFIC_ATE OF LIABILITY INSURANCE
12/2412012 _
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 holdW is an ADDITIONAL INSURED, the poiicy(tes) must 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 # 0564249 CONTACT �- �`-"`--� r•..®
(MP) Heffernan Insurance Brokers PNONE 1 650 842-5200 -` AX-
1460E O'Brien Drive ..No.E�c { ) _ ] F c No):,1 {650) 842-5201
Menlo Park, CA 94025 -MAu- -�
, ADDRE99�
__ INSUREDS AFFORDING COVERAGE
INSURERA:Citizens Insurance Company of America 31534
INsurD INSURERS: Hanover American Insurance Company 36064
A&E Consultants Group, Inc INSURER c: Hanover Insurance Company 22292
353 Vesuvius Drive INSURERD:
Brea, CA 92823 - —_- - -- - - -
INSURER E
INSURER F
_�cnnrws+tn numntrc: 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 1"0 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.
fN§H . -___ .__ _�__... _ _ _.. __ ._.__._ ___ _ _ __. ____. AADL SUER .`_____.._._____. �._-_..____
LTR __— TYPE OF INSURANCE POLICY EPF- POLICY EXP---.-_._..__ ._ _ _. - .. __ __.
_.. ... INS POLICY NUMBER M /DOIYVYY (MM/OO/YYY LIMITS_
GENERAL LIABILITY EACHOCCURRENCE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY X OBF945139100 2/9/2012 2t912013 'AMAOr=TO'REiTi'E "'
CLAIMS -MADE 1 ") OCCUR PREMISES LEa occurrence $ 300,000
MED EXP (Any one person) s 6,000
PERSONAL&ADV INJURY
_GENERAL AGGREGATE S 4,000,0001
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 4,000,000
POLICY X PRO. _ LOC._
AUTOMOBILE LIABILITY~—� - COMBINED 61AGtE tIM1T 2,000,000
A ANY AUTO _ OBF945139100 2/9/2012 219/2013 BODILY INJURY (Pot person) S
ALL OWNED SCHEDULED —
AUTOS AUTOS BODILY INJURY (Per occident) S
X HIRED AllNOWOWNED OPEI TY pAMRGE �--�"`
i'OS X AUTOS
UMBRELLALIAB _ OCCUR EACHOCCURRENCE $
EXCESS LIAR CLAIMS -MADE AGGREGATE S
DED RETENTION;__ _ S
WORKERS COMPENSATION X WCQgY�1�TiUT- OEH-
ANDEMPLOYERS'LIABILITY
B ANY PROPRIETOR/PARTNER/EXECUTIVE"IN ZF945138000 2/9/2012 2/9/2013 E.L. EACH ACCIDENT $` 1,000,000
OFFICERIMEMBER EXCLUDED? NIA _ ..0_
(Mandatory In NH) El DISEASE - EA EMPLOY $ 1,000,000
flyea, describe under ---
DESCRIPTIONOFOPERATGNSbelow E.L. DISEASE - POLICY UMIT�$ 1,000, 000
C PROFESSIONAL LHF903579501 2/9/2012 2/9/2013 PER CLAIM 2,000,00
C LIABILITY LHF903579501 2/9/2012 2/9/2013 AGGREGATE 2,000.000.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD IOI. AddiBonal Remarks Sohadulo, If mom space is mquimd)
2e: As Per Contract or Agreement on File with Insured.
3enerai liability only: City of Huntington Beach is named as Additional insured but only as respects liability arising out of the Named Insured's operations,
CERTIFICATE HOLDER _ CANCELLATION
TSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Huntington Beach Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Mr. Duncan Lee, P.E. ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main Street
Huntington Beach, CA 92648
AUTHORIZED REPRESENTATIVE
Y,
V 19ift)-2U10 At.:UKD CORPORATION. All rights reserved.
ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD
Professional Service Approval Form
Amendment # 1
1. Date Requested: 8/22/2012
2. Contract Number to be Amended:
3. Department: Public Works
l..r
4. Requested By: Duncan Lee
'?5
5. Name of Consultant: A&E Consultants Group, Inc.
6. Amount of Original/Prior Contract: $750,000
7. Additional Compensation Requested: $150,000 reduction to new not to
exceed amount of $600,000
8. Original Commencement Date: April 5, 2010
9. Original Termination Date: April 5, 2013
10. Extended Date Requested: April 5, 2015
11. Reason for Contract Amendment:
Continue on going support with development related or capital project
engineering services.
12. Are sufficient funds available to fund this contract? Yes ® No ❑
13. Business Unit and Object Code where funds are budgeted:
50685201.82100
Department Head Signature
Dir ctor of Finance
(or designee) Signature
City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ® www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
February 6, 2013
A & E Consultants Group, Inc. (A & E, Inc.)
Attn: Michael M. Kim, P. E.
Brea Park Centre
2601 Saturn Street, Suite 101
Brea, CA 92821
Dear Mr. Kim:
Enclosed for your records is a copy of the "Amendment No. 1 to Agreement Between the
City of Huntington Beach and A & E Consultants Group, Inc." for as -needed General
Development Engineering Services.
Sincerely,
Joan L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
G:fo11owup:agrmt1tr
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
Council/Agency Meeting Held:_
Deferred/Continued to:
�kAppr ved U Conditionally Approved U Denied Ci lelkKSignat06
Council Meeting Date: 4/5/2010 Department ID Number: PW 10-018
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRATOR
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT: Approve Professional Services Contracts for As -Needed General
Development Engineering Services
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Public Works Department requires contract support services to
perform development processing functions and other general engineering tasks for the
Capital Improvement Projects.
Funding Source: Sufficient funds are authorized on the adopted Professional Services List
from the General Fund, Development Services, Professional Services (Budgeted FY 2009/10
$60,000), 10085251.69365, and also from the Water Fund, Professional Services,
50685201.69365. In addition, funds are available within the budgeted capital improvement
projects. City Council authorization would be requested for unbudgeted projects.
Recommender! Action: Motion to:
A) Approve and authorize the Mayor and City Clerk to execute Professional Services
Contract between the City of Huntington Beach and Engineering Resources of Southern
California, Inc_ for As -Needed General Development Engineering Services;
B) Approve and authorize the Mayor and City Clerk to execute Professional Services
Contract between the City of Huntington Beach and A&E Consultants Group, Inc. for As -
Needed General Development Engineering Services.
Alternative Action(s): Do not approve the contract and provide necessary development
services with existing staff.
Item 9.
( 0 DEPARTMENT 1' • 1T j j• ,��
Analysis: Historically, services required by the development community have exceeded the
Public Works Department's ability to meet the demand. The combination of budget
constraints, current hiring freeze, and likely increase in. development activity "in the near
future are reasons Public Works will continue to need the supplemental support from
consultants to meet time sensitive project deadlines. Within the term of these agreements,
plan check for several large projects such as Poseidon, Costco, and Bella Terra 11 is
anticipated. Potential reimbursement from the project applicants will be considered for
dedicated and expedited review services using these as -needed development consulting
services. Staff and consultant time for plan check and other services are charged to the
developer on an hourly basis.
In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from a list
of qualified engineering services firms, including the current service provider. Four proposals
were received and ranked based on qualifications, experience, and references. The
submittals were reviewed by two Public Works engineers, and a registered engineer in
Economic Development. Upon review, it was determined that Engineering Resources of
California, Inc., and A&E Consultants Group, Inc. best meet the needs of the city. The
proposed contracts are for a three-year term with a total not to exceed $750,000 per
agreement.
Public Works Commission Action: Not required.
Strategic Plan Goal: Maintain, improve and obtain funding for public improvements
Environmental Status: Not applicable
Attachment(s):
-2-
Item 9.
3/29/2010 2:45 PM
ATTACHMENT #2
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
A&E CONSULTANTS GROUP, INC. ("A&E INC")
FOR
AS -NEEDED GENERAL DEVELOPMENT ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and A&E INC , a
hereinafter referred to as "CONSULTANT."
California
WHEREAS, CITY desires to engage the services of a consultant to
provide engineering services on an "as -needed" basis ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which
is attached hereto and incorporated into this Agreement by this reference. These services
shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Michael M . Kim. P.E.,
who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are
to commence on Ap
Ali- D� , 20 io (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A"
shall be completed no later than 3 years from the Commencement Date.
The time for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to
in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit
"R," which is attached hereto and incorporated by reference into this Agreement, a fee,
including all costs and expenses, not to exceed seven hundred and fifty thousand Dollars
($750,000.00 ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake
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such work only after receiving written authorization from CITY. Additional compensation
for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhihit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to
CITY upon expiration or termination of this Agreement or upon PROJECT completion,
whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and against any and all claims, damages, losses, expenses, judgments, demands and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with CONSULTANT's (or
CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
CONSULTANT, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct
all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's
counsel. This indemnity shall apply to all claims and liability regardless of whether any
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insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention without the express written consent of CITY;
however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is
permitted. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of
the scope of work (including subsequent policies purchased as renewals
or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in connection
with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith terminate this Agreement. Such termination shall not effect
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either parry, reduced in coverage or in limits except after
thirty (30) days' prior written notice; however, ten (10) days' prior
written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
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CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property
and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not
be assigned, delegated or subcontracted by CONSULTANT to any other person or entity
without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the
insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section I
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below. CITY and CONSULTANT may designate different addresses to
which subsequent notices, certificates or other communications will be sent by notifying the
other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return
receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
A&E CONSULTANTS GROUP, INC. ("A&E INC")
Attn: Michael M . Kim. P.E.,
Principal Engineer
Brea Park Centre
2601 Saturn Street, Suite 101
Brea, CA 92821
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
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curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate'
original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONSULTANT.
24. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the nonprevailing party.
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in facV,heldy the signatory or is withdrawn.
CONSULTANy''s initial" L-
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
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29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council. This Agreement shall expire when terminated as
provided herein.
CONSULTANT,
A&E CONSULTANTS GROUP, INC. ("A&E INC")
COMPANY NAME
�--
B
din �ameITS: (circle on) Chairsiden ice President
AND
By:
print name
ITS: (circle one) ecret y/Chief Financial Officer/Asst.
Secretary - Treasurer
INITIATED AND APPROVED:
Travis K. Hopkins Director/Chief
APPROVER AS TO FORM:
City Attorney
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A. STATEMENT OF WORD:
CONSULTANT shall provide consulting services on an "as -needed" basis for General
Development Engineering projects to be determined during the term of the agreement. During
the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY
shall issue task orders for each project based upon the scope of services, work schedule, and fee
proposal submitted to CITY for its review and approval.
B. CONSULTANT'S DITTIES AND RESPONSIBILITIES:
CONSULTANT's duties and responsibilities shall follow provisions specified in the City of
Huntington Beach As -Needed General Development Engineering Services Scope of Work
shown in Exhibit A.1. Upon award and during the contract period, if CONSULTANT chooses to
assign different personnel to the project, CONSULTANT must submit the names and
qualifications of those staff to CITY for approval before commencing work.
C. CITY'S DITTIES AND RESPONSIBILITIES:
1. Furnish scope of work request for each project assigned.
2. Furnish available record drawings and specifications to the CONSULTANT.
D. WORD PROGRAMIPROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
Section A, Page 1 of 1
EXHIBIT A.I
SCOPE OF WORK
The City is seeking qualified engineering consultants with experience under the following
capacity:
The Consultant shall provide qualified individuals to perform land development plan
review, entitlement preparation, plan checking, development processing, field review and
any other services which will perform, promote or enhance the City's Development Services
goals and needs as requested, and to also perform other general engineering tasks when
applicable to City's Capital Improvement Program. The City may, as deemed necessary,
provide a furnished work area (including telephone, etc.) at City Hall. The general scope of
work to be performed shall include, but not be limited to, the following:
➢ Read, understand and evaluate geotechnical, hydrologic, hydraulic, traffic, drainage,
legal survey, environmental and other related reports that pertain to the planning,
design, review and construction of private and public infrastructure improvements.
➢ Read, understand, implement and/or prepare "Conditions of Approval" or entitlement
documents, EIR's and other reports as related to the planning, design, review and
construction of private and public infrastructure improvements.
➢ Perform plan checking, peer review, clerical and other duties as needed or requested.
➢ Understand, prepare and review legal descriptions, survey and easement documents or
maps as needed and requested.
➢ Coordinate plan checking and development processing between various City sections
and departments as requested. Tabulate comments and prepare City response letters to
applicants, the public and with all utility agencies as required.
A Calculate and check quantity estimates, fees, bonding amounts, shop drawings and
design calculations as submitted with plans and applications.
➢ Maintain all necessary documentations for funding agencies, monitoring agencies and
compliance information as required, including final closeout documentation.
➢ Meet with developers, engineers, contractors, consultants, the general public and others
as required to discuss, or make recommendations concerning development, public right-
of-way improvements, reports, processing requirements, entitlement issues, construction
and related issues.
➢ Provide additional backup services as -needed or requested which will promote the
expeditious and efficient processing and service goals of the City of Huntington Beach.
➢ Read, understand and evaluate Landscape Architectural plans, Arborist reports and
recommendations, the Huntington Beach Zoning and Subdivision Ordinance, the
Huntington Beach Municipal Code, Water Ordinance, irrigation plans, construction plans
and planting plans as they relate to Conditions of Approval for private developments,
and high quality construction techniques acceptable in the City of Huntington Beach.
Section A.1, Page 1 of 2
➢ Perform onsite reviews to determine design restrictions, parameters, provide entitlement
reviews and provide Conditions of Approval for all projects relating to Landscape
Architecture and also relating to tree growth impacts to infrastructure and private
property improvements. Must have the knowledge, background and practical experience
to be able to analyze and enforce CEQA and the City of Huntington Beach tree
replacement requirements.
➢ Inspect and make recommendation to enforce City Codes and the implementation of the
City approved landscape plans to guarantee proper installation meeting the requirements
of the approvals.
➢ Provide additional as -needed engineering expertise and support for City of Huntington
Beach CIP projects.
Special Requirement: Due to the fact that some of the City projects will be funded by Federal
and/or State grants, the selected consulting firm must comply with various requirements
including all applicable prevailing wage laws.
Section A.1, Page 2 of 2
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billin
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
1
Exhibit B
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
2
Exhibit B
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
FOR
AS -NEEDED GENERAL DEVELOPMENT ENGINEERING SERVICES
Table of Contents
1
Scope of Services.....................................................................................................1
2
City Staff Assistance................................................................................................2
3
Term; Time of Performance.....................................................................................2
4
Compensation..........................................................................................................2
5
Extra Work...............................................................................................................2
6
Method of Payment..................................................................................................3
7
Disposition of Plans, Estimates and Other Documents...........................................3
8
Hold Harmless.........................................................................................................3
9
Professional Liability Insurance.............................................................................4
10
Certificate of Insurance............................................................................................5
11
Independent Contractor....................................................................... ...6
12
Termination of Agreement.......................................................................................6
13
Assignment and Delegation......................................................................................6
14
Copyrights/Patents...................................................................................................7
15
City Employees and Officials .......................................... ...................7
.....................
16
Notices.........................................................................................7
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings.....................................................................................................8
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...............................................................................................................9
23
Legal Services Subcontracting Prohibited................................................................9
24
Attorney's Fees..........................................................................................................10
25
Survival.....................................................................................................................10
26
Governing Law.........................................................................................................
IO
27
Signatories.................................................................................................................10
28
Entirety......................................................................................................................10
29
Effective Date.................................................................................
I I
CERTIFICATE OF LIABILITY INSURANCE OP ID KC DATE(MWDomYYI
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE:
(PA)Heffernan Prof. Practices HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1808A Embarcadero Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palo Alto CA 94303
Phones650-842-5200 Far:650-842-5201 IN8URERSAFFORDING COVERAGE NAIC#
INSURED IN5URERA: she Emplvyals Fire In&. Co., 20648
INEURERB: Beazley Insurance Co, Inc. 37540
A & E Consultants HSURtHC; —
2601 Saturn Street, Suite 201 INSURERD:
Brea CA 92821 --
rN3URER E:
r'.nVFRA1:1=S
THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN I°SUED TO THE INSURED NAMEDABOVE FOR THE POLICY PEIOD V4CtCATE0. NOT6"'fTHSTiAHDING
ANY RFOUIRFMENT, TERM OR CON''OfTION OF ANY CONTRACT OR OTHER DOCUTALNT',VI H RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUFD OR
MAY PERTAIN, THE INSURANCE AFFGHUFD HY 1HE POLICIES DESCRIBED HEREIN IS SUWECTTO ALL THE TMVS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIEB.AGGREGATELIMITS SHOINH?.WYHIVEHFEN REDUCED BY PAID CLAIMS.
INSR
LTR NSR TYPE OF INSURANCE POLICY NUMBER - POATE MIFVGD1 Y TIVE jF1ATE ",,r LIM1f178
A
GENERAL LIABILITY
COAIIAEFI'GILGkNkH.ALLIJAHiLITY
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CLAIMSMADE f X OCCUR
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PERSMIALB.ADViNJURY
$ 2, 000 , 000
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(3541- AGGREGATE LIMIT APPLIES PER:
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Per Claim $1.0001000
Liability
Aggregate $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENY I SPECIAL PROVISIONS
Project: As -needed engineering servitses. All Operations of the Named
Insured. General Liability only, The City of Huntington Beach is named as an
Additional Insured but only as respects liability arising out Qf the Named
Insured's operations. * 10 Days Notice for Non -Payment of Premium.
WMJri l 1:1 IM.ri{J l to] III Hn: nL1Vi"nL JK
City of Huntington Beach
Public Works
Attn: Duncan Lee
2000 Main Street
Huntington Beach, CA 92648
rI[ mio SHOULD ANY OF 7HE ABOVE DESCRIBEDPgLiCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE IS$UIHG INSURER WLL-C-N09AV94M hWL 3 0 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE LEFT, 8UTA",URsd@-PL -S69-W ibL
dMPNS'�N�88faiRAFi4NFAR4FA9iLJ:�6}�ANY�tiFF�iIFaO►i•Ti; W,`fSURbRrITSA86Nfi.
ACORD 26 (2001100 w H,t,vrliv c.vnrvrva 1 Burl tavu
QneBeacon Architects and Engineers Extender Additional Insured Laanguage*
The following policy language is from OnoBeacon Business Owners Liability Coverage Form G15941 03 05.
Form G15911 03 05 Amends the Commercial General Liability Coverage Form:
1. The following are added to Section II — Who Is an Insured:
a. Person or organization required by Written Contract
Any person or organization that you agree to add as additional insured under this General Liability
coverage Part in a written contract or agreement that Is made before, and in effect when, the "bodily
injury' or "property damage" occurs or the offense that causes the "personal and advertising Injury" Is first
committed, but only with respect to that person's or organization's liability arising but of your non-
professional work for that person or organization.
However such person or organization is not an additional insured with respect to any:
(1) °Sodlly Injury", "property damage', or "personal and adveriising injury' that does not arise out of:
(a) Your Negligence, or
(b) The negligence of another person or organization for whom you are liable,*
(2) 'Bodily injury: "properly damage" or "personal and advertising injury for which such person or organization
has assumed liability in a contract or agreement, except for liability for damages that such person or
organization would have in the absence of the contract or agreement;
(3) "Property Damage" to:
(a) Property owned, used or occupied by or loaned or rented to, such person or organization; or
(b) Property over which such person or organization is for any purpose exercising physical control:
(4) All Professional Iiability as an architect or engineer arising out of any construction agreement or activities
under which any insured or anyone acting on any Insured's behalf provides or provided service, advise,
expertise or work. Construction includes, but is not limited to, the plan, conception, design, build,
construct, assembly, development, safety, erection formation, reconstruct, repair, or in any improvement
made to real property. Construction also includes the hiring, supervision or management of these
activities.
However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite chat
was not caused by professional activities listed in the above paragraph.
Primary & Non -Contributory: This insurance will be considered primary to, and non-contributory with any other
insurance issued directly to a person or organization added as an additional Insured.
Per Project Aggregate: Section III Limits of Insurance is amended by adding the following: The General Aggregate
Limit under Section III-I-Intits of Insurance applies separately to each of "your projects" or each location listed in the
location information in the common policy declarations.
Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in
this Coverage Part to the First Named Insured, this Insured applies:
a. As if each Named insured were the only Named Insured; and
b. Separately to each insured against whom a claim Is made or "suit" is brought.
Waiver of Subrogation: Transfer of Rights of Recovery Against Other to Us in Section IV-- Commercial General Liability
Conditions:
However, we waive the right of recovery and proceeds we may have against any person or organization that is added as
an additional insured under 1.1.a
a. Because of payments we make for "bodily injury', "property damage" or "personal and advertising injury" arising
out of "your work" in ongoing operations include or included in the "products -completed operations hazard" and
b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily Injury" or
"property damage" occurs or the offense that causes the "personal and advertising injury' is committed; and
c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for
such person or organization.
Named Insured: A & E Consultants Policy No.: FF21)04925
Additional The City of Huntington Beach
Insured:
*hinrn i-orw: GIJ9I1 03 OS
0, CITY OF HUNTINGTON BEACH
�ProfessionalService
Vim___ Approval Form
} II `m Im
kn
PART 11
Date: 2/23/2010 Project Manager: Duncan S. Lee
Requested by Name if different from Project Manager:
Department: Public Works
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& H MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant:A&E CONSULTANTS GROUP, INC.
2) Contract Number: PWK 010 006 00
(Contract numbers are obtained through Finance Administration)
3) Amount of the contract: $ 750,000
4) Is this contract less than $50,000? ❑ Yes ® No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ® Yes ❑ No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
Director of Finance (or designee) Signature Date
Date: 11/17/2009 Requested by: Duncan Lee, Principal Civil Engineer
Department: Public Works
PARTS I AND II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST
BE COMPLETED AND SIGNED FOR APPROVAL. THIS FORM MUST BE FILED WITH ALL
APPROVED CONTRACTS.
(This section must be completed by the requesting department and signed by the City Administrator
before proceeding with the solicitation or contract process.)
1) Briefly provide the purpose for the agreement:
The selected consultant(s) shall provide qualified individuals to perform land development
review, entitlement preparation, plan checking, development processing, field review and any
other services which will perform, promote or enhance the City's Development Services goals
and needs as requested, and to also perform other general engineering tasks when applicable
to City's Capital Improvement Program. Current as -needed development engineering contract
with City expires January 16, 2010. Due to budget contraints and the current hiring freeze, City
staff will continue to require the supplemental support to meet time sensitive development
project deadlines.
2) Estimated cost of the services being sought: $ 500,000 over 3 year term
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
4) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract may require approval from the
City Council.)
® Yes ❑ No
5) Business Unit and Object Code where funds are budgeted: 50685201.69365.10085251.69365
6) Check below how the services will be obtained:
® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
Duncan Lee, Principal Civil En
Project Manager Name
Head Signature
APPROVED
HIED ❑
istrator's Signature
ctor of Finance)
Date
List of Consultants Submitted Proposals (January 2010) For City's
As -Needed Development Engineering Services "RFP"
Engineering Resources of Southern California, Inc.
3550 E. Florida Ave., Ste. B
Hemet, CA 92544
Attn: Mr. Matt Brudin, P.E., President
Phone (951) 765-6622
Tetra Tech
16241 Laguna Canyon Road, Ste 200
Irvine, CA 92618
Attn: Mr. Joe Hartge, P.E., Senior Manager
Phone (949) 585-1211
FAX (949) 727-7097
Willdan
2401 E. Katella Avenue, Suite 450
Anaheim, California 92806-6073
Attn: Ms. Teryn Tomps, Administrative Assistant Supervisor
Phone (714) 978-8200
FAX (714) 978-8299
A&E Consultants Group. Inc.
Brea Park Centre
2601 Saturn Street, Suite 1D1
Brea, CA 92821
Attn: Mr. Michael M. Kim. P.E., Principal Engineer
Phone (714) 528-9500
FAX (714) 528-9502
1d_lx T
A. STATEMENT OF WORK:
CONSULTANT shall provide consulting services on an `as -needed" basis for General
Development Engineering projects to be determined during the term of the agreement. During
the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY
shall issue task orders for each project based upon the scope of services, work schedule, and fee
proposal submitted to CITY for its reVietiv and approval.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT's duties and responsibilities shall follow provisions specified in the City of
Huntington Beach As -Needed General Development Engineering Services Scope of Work
shown in E_�hibit A.1. Upon award and during the contract period, if CONSULTANT chooses to
assign different personnel to the project, CONSULTANT must submit the names and
qualifications of those staff to CITY for approval before commencing work.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish scope of work request for each project assigned.
2. Furnish available record drawings and specifications to the CONSULTANT.
D. WORK PROGRANI/PRO.JECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
.;erti on , P qe 1 of 1
EXHIBIT A. l
SCOPE OF WORK
The City is seeking qualified engineering consultants with experience under the following
capacity:
The Consultant shall provide qualified individuals to perform land development plan
review, entitlement preparation, plan checking, development processing, field review and
any other services which will perform, promote or enhance the City's Development Services
goals and needs as requested, and to also perform other general engineering tasks when
applicable to City's Capital Improvement Program. The City may, as deemed necessary,
provide a furnished work area (including telephone, etc.) at City Hall. The general scope of
work to be performed shall include, but not be limited to, the following:
Read, understand and evaluate geotechnical, hydrologic, hydraulic, traffic, drainage,
legal survey, environmental and other related reports that pertain to the planning,
design, review and construction of private and public infrastructure improvements.
➢ Read, tuiderstand, implement and/or prepare "Conditions of Approval" or entitlement
documents, EIR's and other reports as related to the planning, design, review and
construction of private and public infrastructure uchu•e improvements.
➢ Perform plan checking, peer review, clerical and other duties as needed or requested.
Understand, prepare and review legal descriptions, survey and easement documents or
maps as needed and requested.
Coordinate plan checking and development processing between various City sections
and departments as requested. Tabulate comments and prepare City response letters to
applicants, the public and with all utility agencies as required.
Calculate and check quantity estirmates, fees, bonding amounts, shop drawings and
design calculations as submitted with plans and applications.
➢ Maintain all necessary documentations for funding agencies, monitoring agencies and
compliance information as required, including final closeout docurmentation.
Meet with developers, engineers, contractors, consultants, the general public and others
as required to discuss, or make recommendations concerning development, public right-
of-way, improvements, reports, processing requirements, entitlement issues, construction
and related issues.
Provide additional backup services as -needed or requested which will promote the
expeditious and efficient proces sing and ser Nice goals of the City of Huntington Beach.
Read, understand and evaluate Landscape Architectural plans, Arborist reports and
recommendations, the Huntington Beach Zoning and Subdivision Ordinance, the
Huntington Beach Municipal Code, Water Ordinance, irrigation plans, construction plans
and planting plans as they relate to Conditions of Approval for private developments,
and high quality construction tecluniques acceptable in the City of Htuitington Beach.
Section A.1, Page 1 of 2
Perform onsite reviews to determine design restrictions, parameters, provide entitlement
reviews and provide Conditions of Approval for all projects relating to Landscape
Awbitecture and also relating to tree growth impacts to infrastructure and private
property improvements. Must have the knowledge, background and practical experience
to be able to analyze and enforce CEQA and the City of Huntington Beach tree
replacement requirements.
y Inspect and snake recommendation to enforce City Codes and the implementation of the
City approved landscape plans to guarantee proper installation meeting the requirements
of the approvals.
Provide additional as -needed engineering expertise and support for City of Huntington
Beach CIP projects.
Special Requirement: Due to the fact that some of the City projects will be fanded by Federal
and/or State grants, the selected consulting firm must comply with various requirements
incluchrig all applicable prevailing wage laws.
Section A. 1, Page 2 of 2
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Oranges for time during travel are not reimbursable.
C. Billing
All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on atny such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shell submit to CITY auu invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement,
B) Describe the seiN ices performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shell approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
1
Ex}nibit B
Any billings for extra work or additional services autholui ed in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
G
Exhibit B
Municipal Services
Civil Engineering
Land Surveying
Planning/Architecture
COST PROPOSAL
PREVAILING HOURLY CHARGE RATES
(Rates subject to change without notice)
Rates shall be valid for 3years
Principal En ineer
$165/Hr.
Registered Structural Engineer
$135/Hr.
Registered Civil Engineer
$135/Hr.
Registered Traffic Engineer
$135/Hr.
Civil Engineering Associate/Designer
$115/Hr
Civil Engineering Assistant/CAD
$90/Hr.
Registered Architect
$135/Hr.
Registered Landscape Architect
$135/Hr.
Architectural Associate/Designer
$115/Hr.
Architectural Assistant/CAD
$90/Hr.
Consulting Planner
$115/Hr.
Associate Planner
$90/Hr.
Construction Manager/Estimator
$115/Hr.
Construction Superintendent
$90/Hr.
Public Works Inspector
$80/Hr.
Building Inspector
$80/Hr.
Research Assistant
$65/Hr.
Clerical/Word Processing
$45/Hr.
2-Man Survey Crew
$180/Hr.
3-Nian Survey Crew
$220/Hr.
GPS Equipment flat rate
$400/Day plus Hourly Charge for Survey Crew
Per Diem Charges:
$200/day plus Hourly Charge for 8 Hrs.
All incidental expenses shall be reimbursed at cost plus ten percent (10%) for handling.
Printing of plan sheets for all submittals will be charged at $3/sheet regardless of size or material of
each plan sheet.
All survey crew requests shall require at least 24 hour prior notice and shall be charged a minimum
three (3) hour call outs charge at regular rates per this schedule.
Brea Park Centre
2601 Saturn Street, Suite 101 • Brea, California 92821 • (714) 528-9500 Fax (714) 528-9502
A77�V FA 7Y 6rfiV 0
S1�
RCA ROUTING SHEET /0w /v-d/&v
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Approve Professional Services=contracts--forAs-Needed
General_Developrnent=En "ineer-in Services-,
COUNCIL MEETING DATE:
April 5, 2010
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Ap licable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Ap licable
Bonds (If applicable)
Attached
❑
Not Applicable
Staff Report (If applicable)
Attached
❑
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
171
r. AN.t ��
REVIEWED
RETURNED
OR1 /14R®ED
Administrative Staff
)
( )
Deputy City Administrator Initial
City Administrator initial
City Clerk
( )
RCA Author: Duncan Lee
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
April 6, 2010
A & E Consultants Group, Inc. (A & E, Inc.)
Attn: Michael M. Kim, P.E.
Brea Park Centre
2601 Saturn Street, Suite 101
Brea, CA 92821
Dear Mr. Kim
Enclosed for your records is a copy of the Professional Services Contract between the
City of Huntington Beach and A & E Consultants Group, Inc. (A & E, Inc.) for as -needed
General Development Engineering Services.
Sincerely,
JF:pe
Enclosure
G:fo11owup. agrmt1tr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
Telephone: 714-536-5227 )