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HomeMy WebLinkAboutAPA Engineering, Inc. - 2004-08-30Contracts Submittal to y� '=�4; City Clerk's Office 1 c ca To: - City Clerk 1. Name of Contractor: APA Engineering, Inc. 2. Purpose of Contract: For Example: Audit services or Water Quality Testing Huntington Lake — Huntington Central Park As needed wage compliance services I Amount of Contract: extension of term only Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer _ ORIGINAL bonds sent to Treasurer City Attorney's Office Date: 7/18/05 VAttymisc/forms/city clerk contract transmktal.doc 0 AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND APA ENGINEERING, INC. FOR AS -NEEDED WAGE COMPLIANCE SERVICES 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 APA ENGINEERING, INC., a California corporation, hereinafter referred to as "Consultant". WHEREAS, City and Consultant are parties to that certain agreement, dated March 30, 2004, entitled "Professional Services Contract Between the City of Huntington Beach and APA Engineering, Inc. for As Needed Wage Compliance Services" which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to extend the Term, NOW, THEREFORE, it is agreed by City and Consultant as follows: EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period up to and including March 30, 2006. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the ties eypto have caused this Agreement to be executed by and through their authorized officers on _ 00 V VI.tJVl{41. 11 T By: , INC., a California print name ITS: (circle one) Chairm n/Presiden ice President AND By: print name ITS: (circle on(Secretary hief Financial Officer/Asst. Secre ary - reasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director ofp6lic Works APPROVED A TO FORM: 1�6_ y� City Atto. ey zd/ f 6.5- 05agree/amend APA ACORD CERTIFICATE OF LIABILITY INSURANCE CSR $F DATE (MMJDDlYYYI') APAEN_1 06/30/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Wood Gutmann & Bogart ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers Lic #0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15901 Red Hill Ave., Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Tustin CA 92780 Phone: 714-505-7000 Fax: 714-573-1770 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: CNA Insurance Companies INSURER B. Underwriters at Lloyds INSURER Fireman's Fund Insurance Co. APA Engneering Inc. 23282 Full Creek Dr. Ste 160 Laguna Hills CA 92653 INSURERD- INSURER E: LKf]yI;1G11CejW� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY TE (MM/DDIYY E ON PDA E (MMIDD/VY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY 2084362383 06/29/05 06/29/06 1 PREMISES(Ea occurence) $ 100000 CLAIMS MADE lxl OCCUR MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2000000 POLICY PRO-LOC JECT C AUTOMOBILE LIABILITY ANY AUTO AZC80765708 08/26/04 08/26/05 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS 'this Certificate Supercedes All Others (POPE Per aacc de DAMAGE $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ THERTHAEA ACC AUTO ONLYN AGG $ ANY AUTO Previously Issued $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE TORY LIMITS I ER E.L. EACH ACCIDENT $ E.L- DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L- DISEASE - POLICY LIMIT $ OTHER B [DESCRIPTION Architect&Engineer AYB04055114 03/19/05 03/19/06� Per Claim 1,000,000 Professsional Liab ICLAIMS MADE Aggregate 1,000,000 OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 day notice of cancellation for non payment of premium. Certificate holder, its agents, officers and employees are named as additional insured per attached CG20261185 with respects to General Liability only.Primary wording and waiver of subrogation are included in policy wording G134844A. RE: Insured's Operations/Wage Compliance Unit XXX CtK 1 1tiCA It HOLUtK CANCELLA I ION CITY - 0 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE APPROVED AS FORM: �.�.� ACORD 25 (2001/08) © ACORD CORPORATION 1 j NIFE LRAT C Attoree 988 ACORQ 25 (2001/08) • • POLICY NUMBER: 2084362383 APA Engineering, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART_ SCHEDULE Name of Person or Organization; "AS REQUIRED BY WRITTEN CONTRACT" City of Huntington Beach,its agents, officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. APP VED AS T ;� ORM; IE ER McGRATH, City -MYv�- CG 20 2611 85 Copyright, Insurance Services Office, Inc_, 1984 Page 1 of 1 0 • 0 CFVA sw A0 dw Cam iw Arahv- 0-134844-A (Ed. 09i99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS ACCOUNT PACKAGE POLICY BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESS ACCOUNT PACKAGE POLICY BUSINESSOWNERS COMMON POLICY CONDITIONS A. VMO IS AN INSURED (Sectiort C. of the (2) This insurance applies only with respect Swptessowners Liability Coversgo Form) is to operations performed by you or on your amended to include as an insured any person or behalf for which the state or political organization (called additional insured) described in subdivision has issued a permit_ paragraphs 2.a. through 2.g. below whom you are required to add as an additional insured on this policy This insurance does not apply to "bodily under: injury." "property damage" or "personal and advertising injury" arising out of operations 1. A written contract or agreement; or performed for the state or municipality. 2. An oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued: but the written or orat contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy: or 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the foltowtng hazards for which the state or political subdivision has issued a permit in connection with premises you i? own, rent, or control and to which this insurance applies: (a) The existence, maintenance. repair, construction. erection. or removal of advertising signs, awnings, canopies, cellar entranw. coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults. street banners, or decorations and similar exposures; or (b) The construction. erection, of removal of elevators: or (c) The ownership, maintenance, or use amffi of any elevators covered by this insurance. G-134W-A (Ed. 09/99) b. Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you: or (2) Premises they own. maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such addttional insured. c. A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you- and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional irwred. d. A mortgagee, assignee or receiver but only with respect to their liability as mortgagee. assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. 9. An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership. Page 1 of 2 • • maintenance or use of that specific part of the tand teased to you and subjoct to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) structural alterations, new construction or demolition operations Performed by or on behalf of such additional insured. f. A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co- owner of such premises. g. Any person or organization from whom you lease equipment. Such person or organization is insured only with respect to their liability arising out of the maintenance, operation or use by you of equipment teased to you by such person or organization. A person's or organization's status as an insured under this endorsement ands when their contract or agreement with you for such )eased equipment ends. Wrth respect to the insurance afforded those additional insureds, the following additional exclusions apply: This insurance does not apply. (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To -oodiy Injury" or "property damage' arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs a. through g. above G-134844-A (Ed. 09/99) G-t34844-A (Ed. 09199) does not apply to "bodty injury' or "property damage' included within the "products -completed operations hazard'. 8. As respects the coverage provided under this endorsement. Section H. OTHER INSuRAflcE, of the Buisineseowners Common Policy Conditions is deleted and replaced with the following; Ft. Other insurance 1. if there is other insurance covering the same loss or damage, we will pay only tot the amount of covered loss or damage in excess of the amount due from that other insurance (except as indicated in 2. below), whether you can collect on it or not. But we will not pay more than tha applicable Limit of Insurance. 2. This insurance is excess over - Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. When this insurance is excess, we will have no duty under Business Account Package Policy Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's nghts against aft time other insurers. Page 2 of 2 'h� . 4 i •i' } uT,a.\ •Vt'-, •.,1''� 1: �.< �:'' �ta1 - .'i. a '.1•vw� ,, '�F .W' 1 Y •'F 'x•r'_ 11- c 4 'e n ! ,Y t a v �p• yr .il`.t- '.! 'h~''•: �'''•• .r i. 'y rV.., i ( N.Y. • :L ���111444 Yl gp- te i„ a'. ..•,e, .�iS'', [. `.i::y �,r �t4,. 'r `•}",� r' ��,QEn,�; ', r'`x'':1 ,?.. .a: e2..; 1., 'i : i' - •'? :f §pjS-:',.: +2 ',!. r+°f lr .w -! � �i �' .,�'�'.''- .�'•'_", yy. 1-''rM1 r! .:2 '�.:.. _ •y'� .+.•?' Y. ri,,s °; ''` ;%. 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L' V HVH Engineering, inc. vax:94v-rn -y4t�t; • Jun 6u "u-,) U:t19 r. w/u4 • APA ENGINEERING, INC. APA-3 rm Ms. Mendoza From Yasamin r= 714-536-6212 posew 7 MORO a.6w June 30, 2W5 Res Certificate of Insurance cc apart FM KOVIOw FNM* COnmW4 FNwte ROPW Maus ROCYeN Ms. Mendoza, Attacbed is a certificate of insurance with an additional endorsement page. Should you have any questions, I can be reached at 949 77"29. Thank you, APA Engineering, Inc. 23282 Mill Credo Dr., Suite 160 Laguna Bills, CA 92653 Phone: 949=77OA429 Fax: 949 770-9468 --- ll-os. "Mal. AAl lul vR l7 C.UlY. H] —, nL Y RMI Ulllia oral N a Ot OUY-a a p lOala -....c ar uno o . -n.v.. wntu vu-ov. x • uwa • . v- r....� ...c..—.c..aau. a...... ..�.... . ... . ..... Phone: (714) 505-7000 ext. 239 Fax: (714) 573-1772 Wood Gutmann and Bogart Insurance Brokers - FAX License No. 0679263 15901 Red Hil Avemie, Slue 100 Tustin, CA 92780 From: Sandi W Fredericksen To: Chris Mendoza/City of Huntington Beach Pages: 6 Fax: (714) 536-5212 Date: 6/29/2005 03:48:59 PM Phone: ( ) - Subject: APA Engineering Confidential Note: Information in this facsimile is confidential and intended for use by the individual or entity named above. If you received this teleoopy in error, please immediately telephone us and return the original via U.S. Postal Service. Message: Attached is the certificate of insurance for APA Engineering. This supercedes all previous certificates. • • w: APA Engineering, Inc. Civil Engineering Planning Surveying Project Management February 9, 2005 Mr. Joseph Dale City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Wage Compliance Audit Dear Mr. Dale, Thank you for giving us the opportunity to assist the City of Huntington Beach with last years Wage Compliance Audit. We would like to express our interest in renewing our contract with the City for an additional year. Per the current contract, our services will be provided at at rate of $80 pe�hho . This rate covers all managerial, technical and administrative personne w o wi e participating in conducting the audit on behalf of the City. We appreciate your continued support and look fotward to working with the City of Huntington Beach on future projects. President 23282 Mill Creek Drive • Suite 160 • Laguna Hills • California • 92653 • Tel. 949.770.4429 • Fax. 949.770.9468 • www.APAeng.com I ity Contracts Submittal to City Clerk's Office l9 Beach• ` >h To: Connie Brockway, City Clerk RECEIVE,) 1. Name of Contractor: APA Engineering, Inc. APR 2 0 2004 city of Huntington 8eac„ G;tvAttomevs 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake -- Huntington Central Park To provide as -needed wage complince services. 3. Amount of Contract: $50,000 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer ORIGINAL bonds sent to Treasurer City Attomey's Office Date: 3/16/04 g:/Attymisc/forms/city clerk contract transmittal.doc Su 4 • PROFESSIONAL SERVICE CONTRACTS Ha PURCHASING CERTIFICATION 1. Requested by: Joe Dale, Contract Administrator 2. Date`. 'h/'j-1�"' 41 1,4 3. Name of consultant: � r 1* poi l y "TI- � & I V A. # `� 4. Description of work to be performed: t 5. Amount of the contract: _ram- O, O , 00 6. Are sufficient funds available to fund this contract?' Jj Yes, ❑ No 7. Company number and object code where funds are budgeted: V AATO 1J-F 84v rZ.J6aJ 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? Y Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' EZ Yes, ❑ No 10. Were (at least) informal written proposals requested of three cQnsdiltants? ®` Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 4/ 12. Attach proposed scope of work. 13. Attach proposed payment schedule. RI ARD A ADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Cert.#l.doc 3/2/2004 4:19 PM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND APA ENGINEERING, INC. FOR AS -NEEDED WAGE COMPLIANCE SERVICES THIS AGREEMENT ("Agreement") is made and entered into this -SC11-- day of 20_0$, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and APA ENGINEERING, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as - needed wage compliance services; 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 Mr. A. Pakzad who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 04agree/APA Eng/1/6/04 I 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire one year after the date of this Agreement, unless sooner terminated as provided herein. This Agreement is renewable for two one-year terms with agreed adjustments to the rates. All tasks specified in Exhibit "A" shall be completed no later than the deadlines specified in the RFP (Exhibit A) from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 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 "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty Thousand Dollars ($50,000.00). 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 such work only after receiving written authorization from CITY. Additional 04agree/APA Eng/1/6/04 2 undertake 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 Exhibit "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 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. 04agree/APA Eng/l/6/04 3 • • 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 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. 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. 04agree/APA Eng/1/6/04 4 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. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, 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. CONSULTANT shall secure at its own cost and expense, and be responsible for any and 04agree/APA Eng/1/6/04 5 0 • 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. 04agree/APA Eng/1/6/04 6 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 1 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: Mr. Joseph Dale 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: APA Engineering, Inc. 23282 Millcreek Drive, #160 Laguna Hills, CA 92653 ATTN: Ali Pakzad 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. 04agree/APA Eng/1/6/04 7 0 0 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 04agree/APA Eng/l/6/04 8 • 0 which is hereby affected shall be 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, 04agree/APA Eng/1/6/04 9 each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 04agree/APA Eng/l/6/04 10 • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. APA ENG C. By: LI print name ITS: (circle one) Chairm �resienice President CITY OF HUNTINGTON BEACH, am oration of a State of California Director of Public Works (Pursuant To HBMC §3.03.100) AND APPROVED AS TO FORM: By: 4 � o�( City Attorne CAM print name ITS: (circle e) Secret Chief Financial Officer/Asst. Secretary -Treas REVIEWEp AND APPKVEI L,/ City Admmistrat r (only for contracts $50, 000. 0 and over) , 2- 0 04agree/APA Eng/1/8/04 11 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND APA ENGINEERING, INC. FOR AS -NEEDED WAGE COMPLIANCE SERVICES Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificateof Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignmentand Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 i EXHIBIT A 0 • PROPOSAL FOR: AS -NEEDED PROFESSIONAL CONSULTING SERVICES FOR WAGE COMPLIANCE MONITORING SUBMITTED TO: The City of Huntington Beach July 28, 2003 Ms. Sudi Shoja Construction Manager Engineering Division Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Professional Consulting Services for Wage Compliance Monitoring Dear Ms. Shoja, APA Engineering, Inc. is pleased to submit its proposal to provide Professional Consulting Services for Wage Compliance Monitoring for the City of Huntington Beach It is our understanding that our services will be provided to the City on an "as needed" basis for projects to be determined during the term of the contract to be federally funded projects under the Community Development Block Grant (CDBG) program and projects funded by other agencies. We have evaluated the scope of work provided by you in the Request for Proposal. Based on our understanding of the scope of services, APA Engineering has assembled a professional team for this task that will assure the City an excellent service. As always, APA will deliver the product to the City on time and on or under budget. APA Engineering offers the following advantages: ■ Extensive Public Works Experience ■ Experienced Project Manager, and Support Staff ■ Clear Understanding of the City's Needs and Expectations ■ Clear Understanding of the Scope of Services ■ Proven Management and Administration System ■ Can "hit the ground running" ■ Minimum support from the City staff • APA Engineering is proposing Mr. Ali Pakzad, P.E. with over 20 years of experience to lead this assignment. Mr. Pakzad was a design manager on an $800 million fast -track toll road project. 23282 Mill Creek Drive • Suite 160 9 Laguna Hills • California 9 92653 • Tel. 949.770.4429 • Fax. 949.770.9468 9 www.APAeng.com • C1 • Mr. Pakzad understands the importance of setting aggressive project budgets, schedules, and Quality Control parameters to achieve client's goals and objectives successfully. Also, Mr. Pakzad is an advocate of "Partnering" for complex projects Mr. Ali Pakzad, will work diligently with City staff to identify challenges early on and deal with them before they become an issue. APA Engineering is prepared to begin work immediately with a full team commitment to meet or surpass the City's schedule. APA is a young Engineering Company with a lot of experience, energy, and ambitions to grow. Therefore, we are willing to go the extra mile to ensure project success and client satisfaction. We appreciate the opportunity to submit our proposal and look forward to the opportunity to work with you on this challenging assignment. Very truly yours, APAEngineeNnz Inc. Ali Pakzad, P.L;_./ President — Sr. Project Manager • TABLE OF CONTENTS • TABLE OF CONTENTS TransmittalLetter................................................................................................................................. i 1.0 FIRM PROFILE.......................................................................................................................1 2.0 ORGANIZATION CHART.................................................................................................... 3 3.0 BRIEF RESUMES...................................................................................................................4 4.0 RELATED PROJECT EXPERIENCE...................................................................................7 5.0 PROJECT APPROACH AND SCOPE OF WORK...............................................................8 6.0 REFERENCES.......................................................................................................................II • 0 FIRM PROFILE eI INTRODUCTION AND BACK( APA Engineering, Inc. (APA), a California Corporation, was established by Ali Pakzad as a consulting civil engineering firm located in Laguna Hills, California. APA specializes in Public Works, Transportation, Flood Control and Site Development projects including: initial planning, feasibility studies, condition assessment and preparation of conceptual, preliminary and final construction drawings, bid documents, and construction support and management services. The firm currently is associated with a group of highly skilled professional engineers, technicians and administrators that has set a firm goal to exceed clients' expectations every time by providing the most cost effective quality products, on or ahead of schedule and to the satisfaction of all project partners. APA retains highly qualified professional registered civil engineers, registered land surveyors, EIT certified engineers, civil designers and CAD specialists. The staff has at their disposal, modern state-of- the-art facilities with the most up-to-date equipment and automated design tools available to civil engineers today. APA Engineering is a firm committed to providing a quality product, prompt response, and responsible service to its clients. Our principals and lead staff are all hands-on and our goal is to be available to assist our clients on short notice. APA operates based on the principal of maintaining high standards of conduct and a code of ethics protecting the safety, health and general welfare of the public while serving the best interest of our clients. We avoid conflicts of interest and strive to promote the dignity and the standards of our profession. The firm's knowledge and expertise in all aspects of public works, transportation design, planning, engineering, construction administration, and development enables them to take projects from initial conceptual and planning phases through the design and construction management phase. APA expertise includes the following disciplines: APA's Principal, Ali Pakzad, with over 20 years of experience in the industry, has built a solid reputation within the public works sector of Southern California by providing a high level of excellence in the fields of engineering, land surveying, and management. • Prior to establishing APA Engineering, Inc., Mr. Pakzad held various responsible positions with top ranking firms such as Fluor Daniel, Tetra Tech-ASL, Parsons Transportation, UMA Engineering, Ltd., and CNC Engineering, Inc. FIRM PROFILE • APA's Principal and current staff have completed, or are in the process of completing the following projects. U 0 N CITY OF HUNINGTON BEACH APA FNGINA". F, RING, INC'. Ali Pakcad, P.E. Contract Manager Lead C'ompliancc ;auditor D. J. Abadi Lead Contract administrator Ellis Dill Lois Wage and Rcgulator� Compliance Set-v ices Donise McDonald Clerical c- Ins cstioati\ e Sery ices Nance Johnson Payroll Audit Secviccs E • APA ENGINEERING, INC ALI PAKZAD, P.E. • Principal-in-Charge/Sr. Project Manager PROFESSIONAL REGISTRATION Civil Engineer, State of California (C50382, 1992), Texas (55345, 1984) EDUCATION B.S. Civil Engineering, 1979, Lamar University, Texas Graduate Studies in Business Administration, Management, Marketing and Finance, Texas A & M University AFFILIATIONS American Society of Civil Engineers (ASCE) Consulting Engineers and Land Surveyors of California (CELSOC) National Society of Professional Engineers (NSPE) American Public Works Association (APWA) SUMMARY OF QUALIFICATIONS Mr. Pakzad has more than twenty years experience in all phases of design, construction, project management, program management and oversight on heavy and complex civil engineering projects including schools, facilities, street, highway, bridge, toll road and rail transit. He has designed, managed and coordinated multi -million dollar projects for government and private industry including major • international projects In addition to his international assignments to Kuwait and Thailand on transportation projects, and his employment with the Texas Department of Transportation, Mr. Pakzad has practiced in California for over thirteen years and has designed and managed projects from conceptual to completion for local agencies, counties, regional and state transportation agencies that included Cities; Caltrans; OCTA; SANBAG; MTA, Port of Los Angeles, Port of Long Beach, Los Angeles Unified School District, Long Beach Unified School District, and Counties of Orange and Los Angeles. Mr. Pakzad served as a Section Design Manager for the $800 million Eastern Transportation Corridor fast track design/build toll road project. Mr. Pakzad was responsible for managing and coordinating the day to day activities of a 20-person design team for delivering partial and complete plans for construction. In addition, Mr. Pakzad, as a Managing Consultant, provided Program Management Oversight services for the Los Angeles County Metropolitan Transportation Authority on their rail projects. Mr. Pakzad understands the importance of setting aggressive project budgets, schedules and quality control parameters and is an advocate of "Partnering" for complex projects. Most recently, Mr. Pakzad has been managing public works projects for cities of Burbank, Buena Park, Carson, Costa Mesa, San Clemente, La Mirada, El Segundo, Pomona, Vernon, Newport Beach, Dana Point, Laguna Nigel, Laguna Hills, Vista, and Indio. Prior to establishing APA Engineering, Inc., Mr. Pakzad worked for top ranking firms such as Fluor Daniel, Tetra Tech-ASL, Parsons Transportation, UMA Engineering, Ltd., and CNC Engineering, Inc. 4 APA ENGINEERING, INC 0 DJALIL H. ABADI, P.E. Lead Contract Administrator EDUCATION: M.S., Construction Management, University of North Colorado, 1980 B.S., Engineering, University of Technology, Tehranl977 REGISTRATION: California, (1988) #46987, Colorado, (1986) #25386 SUMMARY OF QUALIFICATIONS Mr. Abadi has over twenty five years of experience in all phases of civil engineering, transportation, and public works projects. Mr. Abadi has extensive experience in project planning, project scheduling, project controls, and construction management and compliance monitoring. Experienced in heavy highway and light rail transit, underground tunneling, freight rail, general transportation, public works, buildings, and commercial projects. Experienced in claim assessment for merit, entitlement and compensation for claim resolution based on analysis and contract specifications. Well qualified as a lead estimator and negotiator for implementing estimating, scheduling and project administration procedures, establishing negotiating strategies and preparing project capital budget and periodic budget forecasts. Highly skilled in Value Engineering and Major Investment Studies analyzing conceptutal plans in order to establish program budget and contingency. He has worked in various areas of the construction industry in a senior position and lead responsibilities. He has been involved with numerous small and big projects from start to finish. He has an indepth knowledge of the construction industry and state and federal wage guidelines and requirement. ELISE DUBOIS Contract Administrator Specialist EDUCATION: Drexel University, Philadelphia, PA, Bachelor of Science in Architectural Engineering (June 1999) Bachelor of Science in Civil Engineering (June 2003) SUMMARY OF QUALIFICATIONS Ms. DuBois has over seven years of experience in civil engineering, traffic engineering, and construction administration and inspection both with private and public agencies in southern California. She has been extensively involved in preparation of plans, specifications and cost estimates, and contract administration and inspection of construction projects for public agencies for the past seven years. Ms. DuBois is a very experienced contract administrator and she is very familiar with requirements of public works construction including Federally Funded Project requiring strict wage compliance. Ms. DuBois is very familiar with MUTCD, Vehicle Code, Municipal Code, Building Code, Federal Wage Guidelines, Federal and State Grants, State Traffic Manual and Green Book, as well as Caltrans Plans and Specifications. She knows how to work with contractors to achieve a product that is in full compliance with contract bid documents, schedule, quality control, is and budget. Ms. DuBois has a great personality and she is very skillful in dealing with the public. k APA ENGINEERING, INC NANCY JOHNSON Payroll, Bookkeeping, and Human Resources Specialist EDUCATION Classes attended: Accounting, Secretarial, Elements of Banking, Communications, Banking Law, Advanced Access Database, Advanced WordPerfect, CorelDraw 7.0 Intermediate, TQM (Total Quality Management) SUMMARY OF QUALIFICATIONS Ms. Johnson has over twenty years of experience in office management, accounting and bookkeeping, human resources and payroll processing. She has worked in various responsible positions for heavy industrial manufacturing, construction contractors, geotechnical and civil engineering firms. She understand the process and procedures relating to wage and labor compliance requirements. She has been responsible for all administrative functions of office operations including human resources, purchasing, accounting, insurance, contracts, word processing and clerical support, and facilities maintenance. In addition, she has performed the following duties on a regular basis: • Review weekly timesheets before submittal • Provide operational, financial, project administration, and administrative duties including some human resources matters, such as handling new hire paperwork, new hire physical coordination, company vehicle assignment, etc. • Review weekly financial reports, including Project Status Reports, Utilization Reports, Unbilled Aging and Accounts Receivables to ensure accuracy prior to billing as well as coordinating with Project Managers to resolve client issues * Provide collections support to ensure that A/R for the region is kept under control and any issues due to billing or lack of back up documentation are taken care of before collections become bad debts • • Provided accounting support such as processing billing invoices, follow up on past due accounts to resolve AIR issues, and approve A/P invoices for processing, assist Project Managers with project budgets, change orders, and interpretation of financial reports DONISE A. MCDONALD Executive Administrator Clerical and Investigative Services EDUCATION: William Rainey Harper College — Palatine, Illinois REGISTRATIONS: Notary Public — State of Illinois Notary Public — State of California — Applied For 2003 SUMMARY OF QUALIFICATIONS Ms. McDonald has over twenty years of professional experience in the administrative field. She is an administrative professional with extensive and varied experience. Her major strengths include outstanding organizational skills, exceptional computer skills and excellent communication skills. She has the ability to generate spreadsheets, perform accounting functions, execute multi -task, and see a •project from start to fmish. She has been responsible for supervision of administrative staff and overall administrative functions, including human resources accounting matters and investigative review. Z 0 RELATED EXPERIENCE • The following projects reflect Mr. Pakzad's relative and hands-on experience in the areas of contract administration, regulation compliance, and performance monitoring and audit. Mr. Pakzad performed the bellow listed assignments on regular basis for a period of four years. Project Management Oversight, Los Angeles -- Area Manager responsible for managing programs and overseeing and evaluating the efforts of design and construction management consultants and contractors on multi -billion dollar Metro Green Line and Metro Red Line rail transit projects to ensure that contract work complied with the technical and legal requirements. Independently monitored, assessed and verified adherence of consultants and contractors to the project budget, schedule, quality control, third -party interface, change notice, change order, project staffing, project management plan, wage compliance, contract close-out, and construction claims requirements. Performed office and field interviews to ensure compliance with the owners and federal EEO policy. Prepared audit reports on regular basis and flagged potential schedule delays, budget overruns and inconsistencies in the consultants' operation and management practices. Assisted the client's project management team with developing and implementing administrative and technical policies and procedures to address the audit findings, recommendations and action items. Participated in preparation of the quarterly system -wide Project Review and Evaluation Report. Project Management Assistance, Los Angeles -- Participated in investigation of cause of post construction water leakage in Metro Red Line, segment one, station and tunnel and prepared report on findings, including recommendations for mitigating the problem. Participated in • investigation of allegations of poor quality workmanship and missing reinforcing steel bars in tunnel lining and underground station walls. Participated in and led pre -bid review of Metro Red Line, segment 2, station design packages. Reviewed and evaluated MTA's engineering management consultant's CADD usage efficiencies and future CADD application and acquisition plan. Reviewed Metro Green Line CM scope of work, QC/QA Manual, and Resident Engineer Manual for completeness and cost justification. Participated in cost containment and value engineering studies on Metro Red Line. Coordinated preparation of the "Quarterly Environmental Mitigation Measures Status Report" on the Metro Red Line, Segments, 2 and 3 projects. • Orange County Toll Road Projects, Costa Mesa -- Section design coordinator; administered and coordinated the design activities of three section design engineering consultants and their respective subconsultants on three fixed cost toll road design contracts. Monitored and evaluated consultants' work in progress to ensure delivery of quality products, on time and within budget. Provided technical direction, negotiated and approved design change orders, coordinated periodic design review with Caltrans, County of Orange, and participating cities to obtain consensus on design issues. Approved monthly progress invoices for payment. Served as the link between consultants and client and other participating agencies. Conducted design review meetings, progress meetings, and coordination meetings to ensure design uniformity and to resolve outstanding design and contractual issues. 7 PROJECT APPROACH AND SCOPE OF WORK • PROJECT UNDERSTANDING AND APPROACH Annually, City of Huntington Beach awards numerous construction and engineering contracts to improve and upgrade the facilities owned and maintained by the City. Occasionally, the City's Capital Improvement projects are funded by federal grants such as Community Development Block Grant (CDBG) fund, and Home Investment Partnership Program (HOME) fund. Utilization of these funds requires compliance with the Davis -Bacon Wage Requirements. CDBG CONTRACT REQUIREMENTS ARE AS FOLLOWS: 1. DAVIS BEACON FEDERAL LABOR STANDARDS PROVISIONS: Capital projects which utilize CDBG funds for new construction, alteration, or rehabilitation are subject to Federal labor standards provisions including Davis -Bacon wage rates. These regulations require that construction contractors paid with CDBG funds pay a wage which is typically higher than those paid for projects which are not federally assisted. All construction work is covered even in instances where only a small portion of the work is actually paid for with CDBG funds. This should be considered when preparing construction cost estimates. Construction work performed by volunteers on CDBG assisted projects must be approved in advance by HUD. 2. LEAD -BASED PAINT: Projects must comply with HUD regulations regarding lead -based paint. These requirements prohibit the use of lead -based paint and require elimination of immediate lead -based paint hazards in residential structures (Including emergency and transitional housing) and notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. 3. SECTION 3: Projects awarded $200,000 or more in CDBG and/or other funds from HUD (if any portion of the funds are used to pay for construction contracts of over $100,000) will be required to comply with Section 3 regulations at 24 CFR Part 135. These regulations require that a minimum of 30% of new positions generated by the construction work be filled by low -and moderate -income persons. 4. ACCESSIBILITY: Agencies awarded CDGB funds through one of the King County Consortium cities are required to conduct a self -evaluation to determine the agency's ability to provide reasonable accommodation in programs and services to persons with disabilities. As a prior condition to the agency receiving an authorization to proceed, the agency must complete a Certification of Compliance, a Disability Self -Evaluation Questionnaire and, if necessary, a Corrective Action Plan. 5. COMPETITIVE PROCUREMENT: Agencies which use CDBG funds to purchase goods or services, including consultant services and construction services, must select the vendor, consultant or construction firm based on a competitive process. Agencies shall take necessary affirmative steps to assure that minority firms, women's business • enterprises and labor surplus area firms are used when possible. PROJECT APPROACH AND SCOPE OF WORK 6. CHANGE OF USE RESTRICTION, PROMISSORY NOTE AND MORTGAGE DEED OF TRUST: CDBG-assisted properties must be used for CDBG eligible activities, as opposed to other private or even other public activities, for a specified length of time. Please check with City staff for specific requirements in this area. 7. AUDIT: Agencies receiving CDBG funding are required to submit an independent audit on an annual basis. Agencies which spend $300,000 or more in federal funds in a given year must meet federal financial auditing requirements, as documented in Circular A-133 from the federal Office of Management and Budget. 8. INSURANCE REQUIREMENTS: Agencies will be required to provide evidence of general liability and property insurance to the jurisdiction awarding funds as an additional insured and as loss payee under their policy. Other additional insurance requirements may apply. In addition, Orange County Housing Authority (OCHA), Orange County Development Agency (OCDA), and Orange County General Funds 15U funds require compliance with the State Prevailing Wage Policy. In order to ensure that the contractors and consultants are doing the job that they have agreed to, City of Huntington Beach performs periodic review of construction and engineering contracts for compliance with the terms and conditions of the contract. Normally, this review and audit is performed using the internal staff. However, due to the excessive work load and limited internal resources, City of Huntington Beach would like to use consultants to • assist them with their contract administration and compliance monitoring program. The following scope of work will be used as a guideline to establish the contract administration and monitoring process: I. APA will provide administrative, clerical and investigative services, from pre -bid through close-out of a project 2. APA will verify that the contractor's apprentices have been properly certified in an approved federal or state apprenticeship program. 3. APA will review, per HUD's labor compliance, contractor submitted payrolls for accuracy of calculated wage rates, benefits and overtime hours as compared to the wage determination. 4. APA will monitor the projects during the course of the contract by providing site interviews, questionnaires to determine if the employees are treaded fairly according to Davis -Bacon Related Acts (DBRA) regulations. 5. APA will ensure that all regulatory forms are properly executed as well as implement preventative measures that the City may be held liable for wage restitution. 6. APA will submit a final report to the City upon completion of each project summarizing any identified discrepancies and resolutions affecting the project. Upon identification of a contract, our Team will develop a detailed work plan identifying staffing needs, roles and responsibilities of the monitoring team members, schedule, locations for conducting the interviews and audits, line of communications, team assignments, key personnel • to interview, and deliverables. PROJECT APPROACH AND SCOPE OF WORK • We will identify the objective of audit by discussing in detail the items we would like to focus on at each phase of the audit. We would prepare a written list of questions and data to be asked and collected for examination, discussion, and comparison to the contract documents and the Authorities policies and procedures. We will examine plan verses actual to verify and validate progress and compliance with measurable components of the contract. Specifically, we will focus on wage compliance aspects of the contract to ensure that the contractor is in compliance with the Davis -Bacon Related Acts (DBRA) and HUD regulations. • In our work plan we will show what will be done, how it will be done, and who will lead the effort. We will be concerned about timeliness of project completion, reasonableness and affordability of costs that projects get done within budget, that program resources are used efficiently, that good relations are maintained with the public and the City officials. In the process, we will help City of Huntington Beach not only address problems, but also prevent problems and disputes. Throughout the conduct of the work, our Team will work closely with the City of Huntington Beach designated contract manager to assure that the provisions of assignments are complied with. Our Team will review and identify potential scenarios for risk, delay, and contingencies. We will evaluate the status of the work to determine if it is reasonably on time and projected to be completed within budget. We will compare cost versus work product of the work in progress. We will make our own rough estimate of the cost to complete the work and check that against the remaining budget to do the work. This will be a rough comparison, but if the work is in serious schedule or budget trouble this analysis will reveal that fact. One the basis of the reviews of the samples the Team will appraise the adequacy of current project documentation and identify potential problem areas. A report of preliminary fmdings will be made to the Project Staff. During the interviews to be conducted the impressions obtained during the review of the sample documentation will be checked and either corroborated or refuted. If the need for improvement is clear and undisputed after the documentation review, the Team will make recommendations for improvement. In most cases the recommendations will be made after the more detailed work in following audit tasks is done. Report Findings: We will deliver a draft report of our findings and recommendations to the Authority's Project Manager for review and comments. We will then make agreed upon revisions and submit the final report for further review and consideration. 10 REFERENCES • REFERENCES The following references are provided for Ali Pakzad, APA Engineering's Principal and Senior Project Manager. Mr. Steve Forester Director of Public Works City of La Mirada Tel: (562) 943-0131 Citywide infrastructure inventory and condition assessment project. 2. Mr. Ken Rosenfield City Engineer City of Laguna Hills Tel: (949) 707-2600 Laguna Hills Sports Park and Community Center Project Multi Purpose Bike/Equestrian Trail Projects, Phase I & H 4. Mr. Jim Bozer 5. Mr. Tim Shell • Capital Projects Associate Principal Engineer City of Vista City of Vista (760) 726-1340 x-1351 (760) 726-1340 x-1328 Olive Avenue Street Improvements and Widening West California Avenue Street Improvements and Widening Maryland Drive Street Improvements and Widening 6. Mr. Akram Hindiyeh, P.E. Principal Engineer City of San Clemente (949) 361-6127 Avenida Pico and I-S Interchange Improvement Project Avenida Vaquero Street Improvement and Rehabilitation Project 200312004 On -Call Construction Inspection Services • EXHIBIT B 0 V�I APA ENGINEERING, INC. August 14, 2003, 2003 Mr. Joe Dale Contract Administrator Engineering Division Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Professional Consulting Services for Wage Compliance Monitoring Dear Mr. Dale, Thank you for selecting APA Engineering, Inc. to provide on -call professional services to the City of Huntington Beach. We are very excited to be able to assist you in your day to day operation, project management, and contract administration activities. This letter is to confirm that APA Engineering, Inc. is willing to provide on -call professional consulting services to the City of Huntington Beach for wage compliance and monitoring and other needed services at a flat rate of $80 per hour regardless of the employee classification and/or position with APA Engineering. This rate is valid for fiscal year 2003- 2004. APA Engineering, Inc. may renegotiate and adjust its rate for the next two fiscal years. We appreciate the opportunity to submit our proposal and look forward to the opportunity to work with you on this challenging assignment. Very truly yours, APA Engineering Inc. Ali Pakzad, P.E. President — Sr. Project Manager 23282 Mill Creek Drive, Suite 160. Laguna Hills, CA 92653. Tel: (949) 770-4429. Fax: (949) 770-9468, e-mail: apaeng.com MAR-29-04 09:40AM FROM -Wood -Gutmann Insurance T14-573-7044 T-389 P.001/004 F-229 ACORD, CERTIFICA OF LIABILITY INSURAN OP ID B DATE(MWUD/YYYYI APAEN-1 03 29 04 PRODUCER Wood -Gutmann Insurance Brokers License #0679263 14192 Franklin Ave., Suite 200 THIS CERTIFICATE IS ISSUED ONLY AND CONFERS NO RIG HOLDER. THIS CERTIFICATE ALTER THE COVERAGE AFF S A MATTER OF INFORMATION TS UPON THE CERTIFICATE DES NOT AMEND, EXTEND OR RDED BY THE POLICIES BELOW. Tustin CA 92780-7044 Phone: 714-505-7000 Fax: 714-573-1770 i INSURERS AFFORDING COVE GE NAIC S INSURED INSURER A: Zurich US 19305 INSURERS: Great AmeriC ___ n EC.S Ins Co INSURER C; APA Enggsneering Inc . 23282 PLt11 CreU Dr. Ste 160 Laguna Hills CA 92653 INsuaERo". �- INSURER E: — COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDI"rION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MA E ISSUED OR MAY PERTAIN, THE INSURANCE; AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C DITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTR NSRO TYPE OF INSURANCE POLICY NUMBER DATE MWOOM! DATE (MMIDOIYYI LIMITS GENERAL LIABILITY CH OCCURRENCE b 1000000 A X COMMERCALGENERAL LIABILITY CLAIMS MADE C�xl OCCUR PA.SO40025174 03/19/04 03/19/05 EMISES(Et occu!r= S *1000000 0 EXP (Any ena Forson) b 10000 RSONALaADVINJURY .31000000 X *Tenant Legl Liab NERAL AGGREGATE b 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: OOUCTS•COMP!OPAGG $2000000 PRJECT OP 7 LOC POLICY 7 A AUTOMOBILE LIABILITY ANY AUTO PASO40025174 03/19/04 03/19/05 MBINED SINGLE LIMIT 9 BC:ICenl) $1 , 00D , 000 X OILY INJURY. er Person) b ALL OWNED AUTOS SCHEDULED AUTOS OILY INJURY at scc4enu $ HIRED AUTOS NON -OWNED AUTOS OPERTY DAMAGE erecdaenq S GARAGE LIABILITY JJTO ONLY • EA ACCIDENT S HER THAN fT EA ACC TO ONLY AGG S ANY AUTO APPROVED AS TO FORM i b EXCESSIUMBRELLrAA LIABILITY J ' ' CH OCCURRENCE S OCCUR `] CLAIMS MADE ��� By Pul V 3 - 3O -O� - GREGATE — b S DEDUCTIBLE Aawtmt City b RETENTION b WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERiEXE:CUTIVE JUIH TDRY LIMITSI ER ` L. EACH ACCIDENT S L. DISEASE • EA EMPLOYEE b OFFICER!MEMBER EXCLUDED? It yes, descrioo under SPECIAL PROVISIONS 6ntow L. DISEASE • POLICY LIMIT S OTHER B Professional Liab. REN OF EDN5655632 03/19/04 03/19/05 Per Claim 1,000,000 AcTcrrecrate 1,000 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 day notice of cancellation for non payment of premium. Please e attached note -pad for additional insured information under the GL p icy. RE: Professional Consulting Services for wage compliance monitoring XXX CERTIFICATE HOLDER CANCELLATION HUNrr0 03 SHOULD ANY OF THE ABOVE DESCRI D POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSU WILL E++BETNO O MAIL * 3 D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD AMED TO THE LEFT LL City of Huntington Beach 2000 Main -Street Huntington Beach CA 92648 f,L RD 26 (2001108) O ACORD CORPORATION 1 MAR-29-2004 08:45 714 573 7044 9?% P.01 MAR-29-04 08:40AM FROM -Wood -Gutmann Insurance • POLICY NUMBER: PASO40025174 714-573-7044 T-389 P.004/004 F-229 • COMMERCII GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ Ir CAREFULLY. ADDITIONAL INSURED - DESIGNATED PE ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: "AS REQUIRED BY WRITTEN CONTRACT' (If no entry appears above, information required to complete this endorsement will be as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as an insured the person or Schedule as an Insured but only with respect to liability arising out of your operations rented to you. CG 20 2611 85 Copyright, Insurance Services Office, Inc., 1984 MAR-29-2004 08:45 714 573 7044 97% RSON OR In the Declarations rganlzation shown In the )r premises owned by or Page 1 of 1 ❑ MAR-29-04 09:40AM FROM —Wood -Gutmann Insurance 714-573-7044 T-389 NOTEPAD: NSUREDSNAMAPA Eaaineerna, Inc:OFiID, BC1 P.003/004 F-229 PACE 3: DATE 03/20104 The City of Huntington Beach its agents, officers, and employees ar named as additional insureds per attached CG20261185, for occurrences ari 'ng out of work performed by or on behalf of the named insured during t 's policy year. Mno_no_-xaran rao- nCZ 71 A q77 7MAA 97% P. 03 MAR-29-04 08:40AM FROM -Wood -Gutmann Insurance 0 714-573-7044 T-389 P.002/004 F-229 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be ndorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such ndorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pol y, certain policies may require an endorsement. A statement on this certificate does not confer rights o the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitu a contract between the issuing insurer(s), authorized representative or producer, and the certifica holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by th policies listed thereon (2001/08) MAR-29-2004 08:45 714 573 7044 97% P.02 CERWI LDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-11-2003 CITY OF HUNTINGTON-BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 GROUP: POLICY NUMBER: 1700166-2003 CERTIFICATE ID: 10 CERTIFICATE EXPIRES: 07-11-2004 07-11-2003/07-11-2004 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance_written.notice ,to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this.certificate of insurance may be issued or may pertain, the insurance' nsurance afforded by the policies described herein is subject to all the --terms, exclusions, and conditions, of such 'policies. Al� c . AUTHORIZED REPRESENTATIVE - PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 ALI PAKZAD, PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - PAMELA PAKZAD, SECRETARY TREAS - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-11-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. [ASV,SG] PRINTED: 12-11-2003 SCIF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1 0 1_ CITY OF HUNTINGTON BEACH VVM Main Street P.O. Box 190 Robert F. Beardsley, P.E. Director July 7, 2003 All Pakzad APA Engineering, Inc. 23282 Mill Creek Dr. Suite 160 Laguna Hills CA 92653 Dear Mr. Pakzad: California 92648 Department of Public Works (714)536-5431 Request for Proposals (RFP) for Professional Consulting Services for Wage Compliance Monitoring The City of Huntington Beach (City) is requesting proposals from qualified firms interested in providing, on an as -needed basis, Davis Bacon wage compliance monitoring services. For those firms submitting proposals, they must conform to the requirements as stated in the enclosed RFP document. Only written proposals shall be considered. All materials submitted shall become a part of the proposal, and may be incorporated in a subsequent contract between the City and selected proposer. Please note that all proposals are due at City Hall, 2000 Main Street, Huntington Beach, 92648, by 4:00 p.m. on July 28, 2003. Sincerely,. fseph Dale :Contract Administrator JD:jm Enclosure c: without enclosure Robert F. Beardsley, Director of Public Works Paul Emery, Deputy Director of Public Works Dave Webb, City Engineer • • CITY OF HUNTINGTON BEACH PUBLIC WORKS ENGINEERING DIVISION REQUEST FOR PROPOSALS for As -Needed Davis -Bacon - Wage Compliance Monitoring Services for Capital Improvement Projects PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to: Sudi Shoja Construction Manager Engineering Division Department of Public Works City of Huntington Beach City Hall 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 no later than 4:00 P. M. on Monday, July 28, 2003. Three copies of the proposal shall be submitted in a sealed envelope and marked: "Proposal for As -needed Davis -Bacon - Wage Compliance Monitoring. Additionally, a fee proposal shall be submitted in a separate, sealed envelope and marked "Fee Proposal for As -needed Davis -Bacon - Wage Compliance Monitoring. Proposals received after the specified time will not be accepted and will be returned unopened. Questions regarding this request may be addressed to Joseph Dale at (714) 536- 5915. INDEX SECTION I. Introduction II. Schedule of Events III. Scope of Work IV. City's Responsibilities V. Fee Proposal Requirements VI. Proposal Requirements VII. General Requirements VIII. Consultant Evaluation & Selection Process • CITY OF HUNTINGTON BEACH Teeing and heron SemcesRFP M1/2002 Page 2 I. INTRODUCTION The City of Huntington Beach, Department of Public Works, Engineering Division is requesting proposals from qualified Davis -Bacon Wage Compliance Monitoring firms. The selected consultant will provide such services on an "as needed" basis for projects to be determined during the term of the contract to be federally funded projects under the Community Development Block Grant program and projects funded by other agencies. A total of three consultants will be selected to sign an annual agreement for performing the work. II. SCHEDULE OF EVENTS 7/08/2003 - Issuance of Request for Proposals 7/28/2003 - Proposals due at City Hall by 4:00 p.m. 8/11/2003 - Execute Contract III. SCOPE OF WORK The scope of work for the respective phases of the consultant's services connected with the enforcement of the Davis -Bacon regulations shall include but not be limited to the following items: 1. General Requirements: a. Provide administrative, clerical and investigative services, from pre -bid through closeout of a project. b. Verify that the contractor's apprentices have been properly certified in an approved federal or state apprenticeship program. c. Review, per HUD's labor compliance, contractor submitted payrolls for accuracy of calculated wage rates, benefits and overtime hours as compared to the wage determination. d. Monitor the projects during the course of the contract by providing site interviews, questionnaires to determine if the employees are treated fairly according to Davis - Bacon Related Acts (DBRA) regulations. e. Ensure that all regulatory forms are properly executed as well as implement preventative measures that the city may be held liable for wage restitution. f. Submit a final report to the City upon completion of each project summarizing any identified discrepancies and resolutions affecting the project. 2. Special Requirements: City projects, which are funded, by Federal or State grants, the selected consulting firm must comply with requirements of the U.S. Department of Labor, State Department of Industrial Relations for Federal and State Funded Projects. IV. CITY'S RESPONSIBILITIES: • CITY O•HUNTINGTON BEACH Testing and h pmton Services RFP 4/1/2002 Page 3 City of Huntington Beach will provide copies of Contractor's contract and list of their Subcontractor's to the consultant. V. FEE PROPOSAL REQUIREMENTS The consultant shall submit a FEE SCHEDULE to the City in a separate, sealed envelope. It is expressly emphasized that this FEE SCHEDULE is not a bid. It is used for a cost comparison purpose only. The City reserves the right to ask the selected firm to perform only part of the estimated work. The City does not guarantee the quantity of the work to be performed by the selected consulting firm. The consultant shall be paid for the actual services provided for the project according to the proposed hourly rates and unit costs. VI. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the consultant regarding features, which the City will look for and expect to be included in the proposal. 1. Content & Format The City requests that proposals submitted be organized and presented in a neat and logical format and are relevant to these services. Consultant's proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 10 typed pages using a 10 point minimum font size, including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The separately submitted Fee Proposal should contain only enough pages to clearly respond with the information that is requested in the RFP. The proposal should include the following: • Transmittal/offer letter. • Index/Table of Contents and page numbering. • Team Organization including an organization diagram. • Approach to the Project. • Descriptions of similar projects by key staff to be used on this assignment. • Brief resumes of key staff. • Project schedule. 2. Scope of Services • 0 CITY OF HUNTINGTON BEACH Testing and Inspecton Services RFP 4/1f2002 Page 4 A description of the work program that will be undertaken shall be included in this section. It should explain the technical approach, methodology and specific tasks and activities that will be performed to address the specific issues and work items identified in the RFP. It should also include a discussion of constraints, problems and issues that should be anticipated during the contract, as well as suggestions for approaches to resolving them. Statement of Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub consultants in performing projects within the past five years that are similar in scope and size to demonstrate competence to perform these services. The projects listed should be those that the key staff named for this project were responsible for performing services. Information shall include: • Names of key staff that participated on named projects and their specific responsibilities. • The client's name, contact person, addresses and telephone numbers. • A brief description of type and extent of services provided. • Completion dates (estimated, if not yet completed). • Total costs of the projects. There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, experience, licenses, relevant experience and specific responsibilities for services described. 4. Project Team The purpose of this section is to describe the organization of the project team including sub -consultants and key staff. A project manager and an alternate project manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the project manager, key staff and sub consultants. There also should be a brief description of the role and responsibilities of all key staff and sub consultants identified in the team organization. 5. Fee Proposal A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "Fee Proposal" along with the name of the project. The information and detail included in the fee proposal shall conform to the provisions of Section V., Fee Proposal Requirements, of this RFP. A work program and a breakdown of labor hours by employee billing classification together with the cost of non -labor and sub -consultant services shall be included with the fee proposal. The labor breakdown shall be compiled based on a listing of work tasks that correlates with the consultant's defined scope of work for the project proposal. This information will be used by City staff to evaluate the • CITY OF riUNTINGTON BEACH Testing and Inspection Services RFP M1C2002 Page 5 reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The fee proposal of the three top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The fee proposals of those consultants not ranked in the top three will be returned to them unopened upon award of a contract to the selected consultant. • The City will negotiate the final fee with the top ranked consultant, if necessary. • Reimbursable expenses shall not be allowed unless negotiated prior to a contract. • Price escalations during the contract term are disfavored, and shall be approved in negotiations prior to a contract. • Consultant will be required to pay prevailing wages when working on any City, State or Federally funded project. 6. Statement of Offer & Signature The Proposal and separate Fee Proposal shall each be signed by an individual authorized to bind the consultant and both shall contain a statement that the proposals are a firm offer for a 60-day period. VIII. GENERAL REQUIREMENTS 1. Insurance Requirements The consultant shall furnish with the proposal proof of the following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: a. General Liability Coverage - $1,000,000 per occurrence for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Worker's Compensation Coverage — State statutory limits. Deductibles, Self -Insurance Retentions or Similar Forms of Coverage Limitations or Modifications must be declared to and approved by the City of Huntington Beach. The consultant is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. • CITY O• UNTINGTON BEACH Testing and hipection Services RFP 411/2002 Page 6 2. Standard Form of Agreement The consultant will enter into an agreement with the City based upon the contents of the RFP and the consultant's proposal. The City's standard form of agreement is included as Attachment A. The consultant shall carefully review the agreement, especially the indemnity and insurance provisions, and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. 3. Disclaimer This RFP does not commit the City to award a contractor to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical fee or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract and to assist the consultant in obtaining information. The consultant also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The consultant's representative will remain in responsible charge of the consultant's duties from the notice -to -proceed through project completion. If the consultant's primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City's representative shall first approve any substitution of representatives or sub -consultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub consultant substitution or removal, and may consider such changes not approved to be a breach of contract. VIII. CONSULTANT EVALUATION & SELECTION PROCESS The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. The following criteria will be used in evaluating the proposals using a point value system (100 points) based on the weighting indicated below. Grasp of the project requirements including identification of critical elements and key issues. (10 points) Technical approach and work plan for the project, including innovative approaches. (25 points) Qualifications and experience of the key individuals and sub -consultants. (30 points) • CITY O•HUNTINGTON BEACH Testing and h Tmton ServicesRFP 4/1/2002 Page 7 4. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of firms or the top rated firm. 5. Clarity of proposal. (10 points) 6. Compliance with proposal requirements including the 20-page limitation. (10 points) The City may elect to interview a short list of qualified firms or to interview only the top rated firms based on the proposals submitted for the project. The City staff will negotiate a contract with the best qualified firms for the desired consulting services at compensation which the City staff determines is fair and reasonable to the City. Should the City staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. ATTACHMENTS Attachment ---Sample City Contract • 0 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Robert F. Beardsley, P.E. Director July 7, 2003 Ms. Kira L. Bloomingdale, President 8840 Warner Avenue, Suite 206 Fountain Valley CA 92708 Dear Ms. Bloomingdale: California 92648 Department of Public Works (714) 536-5431 Request for Proposals (RFP) for Professional Consulting Services for Wage Compliance Monitoring The City of Huntington Beach (City) is requesting proposals from qualified firms interested in providing, on an as -needed basis, Davis Bacon wage compliance monitoring services. For those firms submitting proposals, they must conform to the requirements as stated in the enclosed RFP document. Only written proposals shall be considered. All materials submitted shall become a part of the proposal, and may be incorporated in a subsequent contract between the City and selected proposer. Please note that all proposals are due at City Hall, 2000 Main Street, Huntington Beach, 92648, by 4:00 p.m. on July 28, 2003. incerely, seph Dale contract Administrator JD:jm Enclosure c: without enclosure - Robert F. Beardsley, Director of Public Works Paul Emery, Deputy Director of Public Works Dave Webb, City Engineer CITY OF HUNTINGTON BEACH PUBLIC WORDS ENGINEERING DIVISION REQUEST FOR PROPOSALS for As -Needed Davis -Bacon - Wage Compliance Monitoring Services for Capital Improvement Projects PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to: Sudi Shoja Construction Manager Engineering Division Department of Public Works City of Huntington Beach City Hall 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 no later than 4:00 P. M. on Monday, July 28, 2003. Three copies of the proposal shall be submitted in a sealed envelope and marked: "Proposal for As -needed Davis -Bacon - Wage Compliance Monitoring. Additionally, a fee proposal shall be submitted in a separate, sealed envelope and marked "Fee Proposal for As -needed Davis -Bacon - Wage Compliance Monitoring. Proposals received after the specified time will not be accepted and will be returned unopened. Questions regarding this request may be addressed to Joseph Dale at (714) 536- 5915. INDEX SECTION I. Introduction II. Schedule of Events III. Scope of Work IV. City's Responsibilities V. Fee Proposal Requirements VI. Proposal Requirements VII. General Requirements VIII. Consultant Evaluation & Selection Process CITY OFIPUNTINGTON BEACH Testing and Inspection Services UP 4/l/2M2 Paget I. INTRODUCTION The City of Huntington Beach, Department of Public Works, Engineering Division is requesting proposals from qualified Davis -Bacon Wage Compliance Monitoring firms. The selected consultant will provide such services on an "as needed" basis for projects to be determined during the term of the contract to be federally funded projects under the Community Development Block Grant program and projects funded by other agencies. A total of three consultants will be selected to sign an annual agreement for performing the work. II. SCHEDULE OF EVENTS 7/08/2003 - Issuance of Request for Proposals 7/28/2003 - Proposals due at City Hall by 4:00 p.m. 8/11/2003 - Execute Contract III. SCOPE OF WORK The scope of work for the respective phases of the consultant's services connected with the enforcement of the Davis -Bacon regulations shall include but not be limited to the following items: 1. General Requirements: a. Provide administrative, clerical and investigative services, from pre -bid through closeout of a project. b. Verify that the contractor's apprentices have been properly certified in an approved federal or state apprenticeship program. c. Review, per HUD's labor compliance, contractor submitted payrolls for accuracy of calculated wage rates, benefits and overtime hours as compared to the wage determination. d. Monitor the projects during the course of the contract by providing site interviews, questionnaires to determine if the employees are treated fairly according to Davis - Bacon Related Acts (DBRA) regulations. e. Ensure that all regulatory forms are properly executed as well as implement preventative measures that the city may be held liable for wage restitution. f. Submit a final report to the City upon completion of each project summarizing any identified discrepancies and resolutions affecting the project. 2. Special Requirements: City projects, which are funded, by Federal or State grants, the selected consulting firm must comply with requirements of the U.S. Department of Labor, State Department of Industrial Relations for Federal and State Funded Projects. IV. CITY'S RESPONSIBILITIES: • CITY AUNTINGTON BEACH Ting and InEpectimSam=RFP 4/1/2002 Page3 City of Huntington Beach will provide copies of Contractor's contract and list of their Subcontractor's to the consultant. V. FEE PROPOSAL REQUIREMENTS The consultant shall submit a FEE SCHEDULE to the City in a separate, sealed envelope. It is expressly emphasized that this FEE SCHEDULE is not a bid. It is used for a cost comparison purpose only. The City reserves the right to ask the selected firm to perform only part of the estimated work. The City does not guarantee the quantity of the work to be performed by the selected consulting firm. The consultant shall be paid for the actual services provided for the project according to the proposed hourly rates and unit costs. VI. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the consultant regarding features, which the City will look for and expect to be included in the proposal. 1. Content & Format The City requests that proposals submitted be organized and presented in a neat and logical format and are relevant to these services. Consultant's proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 10 typed pages using a 10 point minimum font size, including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The separately submitted Fee Proposal should contain only enough pages to clearly respond with the information that is requested in the RFP. The proposal should include the following: • Transmittal/offer letter. • Index/Table of Contents and page numbering. • Team Organization including an organization diagram. • Approach to the Project. • Descriptions of similar projects by key staff to be used on this assignment. • Brief resumes of key staff. • Project schedule. 2. Scope of Services • CITY OAUNTINGTON BEACH Testing and Inspection Services RFP 4/12002 Page 4 A description of the work program that will be undertaken shall be included in this section. It should explain the technical approach, methodology and specific tasks and activities that will be performed to address the specific issues and work items identified in the RFP. It should also include a discussion of constraints, problems and issues that should be anticipated during the contract, as well as suggestions for approaches to resolving them. 3. Statement of Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub consultants in performing projects within the past five years that are similar in scope and size to demonstrate competence to perform these services. The projects listed should be those that the key staff named for this project were responsible for performing services. Information shall include: • Names of key staff that participated on named projects and their specific responsibilities. • The client's name, contact person, addresses and telephone numbers. • A brief description of type and extent of services provided. • Completion dates (estimated, if not yet completed). • Total costs of the projects. There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, experience, licenses, relevant experience and specific responsibilities for services described. 4. Project Team The purpose of this section is to describe the organization of the project team including sub -consultants and key staff. A project manager and an alternate project manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the project manager, key staff and sub consultants. There also should be a brief description of the role and responsibilities of all key staff and sub consultants identified in .the team organization. 5. Fee Proposal A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "Fee Proposal" along with the name of the project. The information and detail included in the fee proposal shall conform to the provisions of Section V., Fee Proposal Requirements, of this RFP. A work program and a breakdown of labor hours by employee billing classification together with the cost of non -labor and sub -consultant services shall be included with the fee proposal. The labor breakdown shall be compiled based on a listing of work tasks that correlates with the consultant's defined scope of work for the project proposal. This information will be used by City staff to evaluate the • CITY AUNTINGTON BEACH Testing and Inspection Swmm RFP 4/1/2002 Page 5 reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The fee proposal of the three top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The fee proposals of those consultants not ranked in the top three will be returned to them unopened upon award of a contract to the selected consultant. • The City will negotiate the final fee with the top ranked consultant, if necessary. • Reimbursable expenses shall not be allowed unless negotiated prior to a contract. • Price escalations during the contract term are disfavored, and shall be approved in negotiations prior to a contract. • Consultant will be required to pay prevailing wages when working on any City, State or Federally funded project. 6. Statement of Offer & Signature The Proposal and separate Fee Proposal shall each be signed by an individual authorized to bind the consultant and both shall contain a statement that the proposals are a firm offer for a 60-day period. VIII. GENERAL REQUIREMENTS 1. Insurance Requirements The consultant shall furnish with the proposal proof of the following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: a. General Liability Coverage - $1,000,000 per occurrence for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Worker's Compensation Coverage — State statutory limits. Deductibles, Self -Insurance Retentions or Similar Forms of Coverage Limitations or Modifications must be declared to and approved by the City of Huntington Beach. The consultant is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. • CITY OF riUNTINGTON BEACH Testing and h gxxton Services RFP 4/l/2002 Page 6 2. Standard Form of Agreement The consultant will enter into an agreement with the City based upon the contents of the RFP and the consultant's proposal. The City's standard form of agreement is included as Attachment A. The consultant shall carefully review the agreement, especially the indemnity and insurance provisions, and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. 3. Disclaimer This RFP does not commit the City to award a contractor to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical fee or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract and to assist the consultant in obtaining information. The consultant also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The consultant's representative will remain in responsible charge of the consultant's duties from the notice -to -proceed through project completion. If the consultant's primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City's representative shall first approve any substitution of representatives or sub -consultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub consultant substitution or removal, and may consider such changes not approved to be a breach of contract. VIII. CONSULTANT EVALUATION & SELECTION PROCESS The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. The following criteria will be used in evaluating the proposals using a point value system (100 points) based on the weighting indicated below. 1. Grasp of the project requirements including identification of critical elements and key issues. (10 points) 2. Technical approach and work plan for the project, including innovative approaches. (25 points) 3. Qualifications and experience of the key individuals and sub -consultants. (30 points) CITY 09UNTINGTON BEACH Testing and hq)ecfim ScMces RFP 4/l2002 Page 4. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of firms or the top rated firm. 5. Clarity of proposal. (10 points) 6. Compliance with proposal requirements including the 20-page limitation. (10 points) The City may elect to interview a short list of qualified firms or to interview only the top rated firms based on the proposals submitted for the project. The City staff will negotiate a contract with the best qualified firms for the desired consulting services at compensation which the City staff determines is fair and reasonable to the City. Should the City staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. ATTACHMENTS Attachment ---Sample City Contract cp` • CITY OF HUN°TIIVGTON BEACH 2000 Main Street P.0.Box 190 Robert F. Beardsley, P.E. Director July 7, 2003 Ms. Sue Vickers Regional Sales Manager Amerinational Community Service, Inc. 8121 E. Florence Avenue Downey, CA 90240 Dear Ms. Vickers: California 92648 Department of Public Works (714) 536-5431 Request for Proposals (RFP) for Professional Consulting Services for Wage Compliance Monitoring The City ,of Huntington Beach (City) is requesting proposals from qualified firms interested in providing, on an as -needed basis, Davis Bacon wage compliance monitoring services. For those firms submitting proposals, they must conform to the requirements as stated in the enclosed RFP document. Only written proposals shall be considered. All materials submitted shall become a part of the proposal, and may be incorporated in a subsequent contract between the City and selected proposer. Please note that all proposals are due at City Hall, 2000 Main Street, Huntington Beach, 92648, by 4:00 p.m. on July 28, 2003. Sincerely, lo4phDale C_o 1tract Administrator JD:jm Enclosure c: without enclosure Robert F. Beardsley, Director of Public Works Paul Emery, Deputy Director of Public Works Dave Webb, City Engineer CITY OF HUNTINGTON BEACH PUBLIC WORKS ENGINEERING DIVISION REQUEST FOR PROPOSALS for As -Needed Davis -Bacon - Wage Compliance Monitoring Services for Capital Improvement Projects PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to: Sudi Shoja Construction Manager Engineering Division Department of Public Works City of Huntington Beach City Hall 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 no later than 4:00 P. M. on Monday, July 28, 2003. Three copies of the proposal shall be submitted in a sealed envelope and marked: `Proposal for As -needed Davis -Bacon — Wage Compliance Monitoring. Additionally, a fee proposal shall be submitted in a separate, sealed envelope and marked "Fee Proposal for As -needed Davis -Bacon — Wage Compliance Monitoring. Proposals received after the specified time will not be accepted and will be returned unopened. Questions regarding this request may be addressed to Joseph Dale at (714) 536- 5915. INDEX SECTION I. Introduction II. Schedule of Events III. Scope of Work IV. City's Responsibilities V. Fee Proposal Requirements VI. Proposal Requirements VII. General Requirements VIII. Consultant Evaluation & Selection Process • CITY OF41UNTINGTON BEACH Testing and Inspection Services RFP 4/l/2002 Page 2 I. INTRODUCTION The City of Huntington Beach, Department of Public Works, Engineering Division is requesting proposals from qualified Davis -Bacon Wage Compliance Monitoring firms. The selected consultant will provide such services on an "as needed" basis for projects to be determined during the term of the contract to be federally funded projects under the Community Development Block Grant program and projects funded by other agencies. A total of three consultants will be selected to sign an annual agreement for performing the work. II. SCHEDULE OF EVENTS 7/08/2003 - Issuance of Request for Proposals 7/28/2003 - Proposals due at City Hall by 4:00 p.m. 8/11/2003 - Execute Contract III. SCOPE OF WORK The scope of work for the respective phases of the consultant's services connected with the enforcement of the Davis -Bacon regulations shall include but not be limited to the following items: 1. General Requirements: a. Provide administrative, clerical and investigative services, from pre -bid through closeout of a project. b. Verify that the contractor's apprentices have been properly certified in an approved federal or state apprenticeship program. c. Review, per HUD's labor compliance, contractor submitted payrolls for accuracy of calculated wage rates, benefits and overtime hours as compared to the wage determination. d. Monitor the projects during the course of the contract by providing site interviews, questionnaires to determine if the employees are treated fairly according to Davis - Bacon Related Acts (DBRA) regulations. e. Ensure that all regulatory forms are properly executed as well as implement preventative measures that the city may be held liable for wage restitution. f. Submit a final report to the City upon completion of each project summarizing any identified discrepancies and resolutions affecting the project. 2. Special Requirements: City projects, which are funded, by Federal or State grants, the selected consulting firm must comply with requirements of the U.S. Department of Labor, State Department of Industrial Relations for Federal and State Funded Projects. IV. CITY'S RESPONSIBILITIES: CITY AUNTINGTON BEACH Testing and hpection Services RFP 4/l/2002 Page 3 City of Huntington Beach will provide copies of Contractor's contract and list of their Subcontractor's to the consultant. V. FEE PROPOSAL REQUIREMENTS The consultant shall submit a FEE SCHEDULE to the City in a separate, sealed envelope. It is expressly emphasized that this FEE SCHEDULE is not a bid. It is used for a cost comparison purpose only. The City reserves the right to ask the selected firm to perform only part of the estimated work. The City does not guarantee the quantity of the work to be performed by the selected consulting firm. The consultant shall be paid for the actual services provided for the project according to the proposed hourly rates and unit costs. VI. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the consultant regarding features, which the City will look for and expect to be included in the proposal. 1. Content & Format The City requests that proposals submitted be organized and presented in a neat and logical format and are relevant to these services. Consultant's proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 10 typed pages using a 10 point minimum font size, including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The separately submitted Fee Proposal should contain only enough pages to clearly respond with the information that is requested in the RFP. The proposal should include the following: • Transmittal/offer letter. • Index/Table of Contents and page numbering. • Team Organization including an organization diagram. • Approach to the Project. • Descriptions of similar projects by key staff to be used on this assignment. • Brief resumes of key staff. • Project schedule. 2. Scope of Services • CITY 00UNTINGTON BEACH Testing and Inspection Services RFP 4/l/2002 Page4 A description of the work program that will be undertaken shall be included in this section. It should explain the technical approach, methodology and specific tasks and activities that will be performed to address the specific issues and work items identified in the RFP. It should also include a discussion of constraints, problems and issues that should be anticipated during the contract, as well as suggestions for approaches to resolving them. 3. Statement of Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub consultants in performing projects within the past five years that are similar in scope and size to demonstrate competence to perform these services. The projects listed should be those that the key staff named for this project were responsible for performing services. Information shall include: • Names of key staff that participated on named projects and their specific responsibilities. • The client's name, contact person, addresses and telephone numbers. • A brief description of type and extent of services provided. • Completion dates (estimated, if not yet completed). • Total costs of the projects. There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, experience, licenses, relevant experience and specific responsibilities for services described. 4. Project Team The purpose of this section is to describe the organization of the project team including sub -consultants and key staff. A project manager and an alternate project manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the project manager, key staff and sub consultants. There also should be a brief description of the role and responsibilities of all key staff and sub consultants identified in the team organization. 5. Fee Proposal A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "Fee Proposal" along with the name of the project. The information and detail included in the fee proposal shall conform to the provisions of Section V., Fee Proposal Requirements, of this RFP. A work program and a breakdown of labor hours by employee billing classification together with the cost of non -labor and sub -consultant services shall be included with the fee proposal. The labor breakdown shall be compiled based on a listing of work tasks that correlates with the consultant's defined scope of work for the project proposal. This information will be used by City staff to evaluate the CITY OFRUNTINGTON BEACH Testing and Inspection Savices RFP 4/1/2002 Page 5 reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The fee proposal of the three top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The fee proposals of those consultants not ranked in the top three will be returned to them unopened upon award of a contract to the selected consultant. • The City will negotiate the final fee with the top ranked consultant, if necessary. • Reimbursable expenses shall not be allowed unless negotiated prior to a contract. • Price escalations during the contract term are disfavored, and shall be approved in negotiations prior to a contract. • Consultant will be required to pay prevailing wages when working on any City, State or Federally funded project. 6. Statement of Offer & Signature The Proposal and separate Fee Proposal shall each be signed by an individual authorized to bind the consultant and both shall contain a statement that the proposals are a firm offer for a 60-day period. VIII. GENERAL REQUIREMENTS 1. Insurance Requirements The consultant shall furnish with the proposal proof of the following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: a. General Liability Coverage - $1,000,000 per occurrence for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Worker's Compensation Coverage — State statutory limits. Deductibles, Self -Insurance Retentions or Similar Forms of Coverage Limitations or Modifications must be declared to and approved by the City of Huntington Beach. The consultant is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. CITY OF•HUNTINGTON BEACH Testing and Inspection Services RFP 4/1/2002 Page b 2. Standard Form of Agreement The consultant will enter into an agreement with the City based upon the contents of the RFP and the consultant's proposal. The City's standard form of agreement is included as Attachment A. The consultant shall carefully review the agreement, especially the indemnity and insurance provisions, and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. 3. Disclaimer This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical fee or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract and to assist the consultant in obtaining information. The consultant also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The consultant's representative will remain in responsible charge of the consultant's duties from the notice -to -proceed through project completion. If the consultant's primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City's representative shall first approve any substitution of representatives or sub -consultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub consultant substitution or removal, and may consider such changes not approved to be a breach of contract. VIII. CONSULTANT EVALUATION & SELECTION PROCESS The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. The following criteria will be used in evaluating the proposals using a point value system (100 points) based on the weighting indicated below. 1. Grasp of the project requirements including identification of critical elements and key issues. (10 points) 2. Technical approach and work plan for the project, including innovative approaches. (25 points) 3. Qualifications and experience of the key individuals and sub -consultants. (30 points) CITY •HUNTINGTON BEACH Testing and hiTechon Services RFP M1i2002 Page 7 4. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of firms or the top rated firm. 5. Clarity of proposal. (10 points) 6. Compliance with proposal requirements including the 20-page limitation. (10 points) The City may elect to interview a short list of qualified firms or to interview only the top rated firms based on the proposals submitted for the project. The City staff will negotiate a contract with the best qualified firms for the desired consulting services at compensation which the City staff determines is fair and reasonable to the City. Should the City staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. ATTACHMENTS Attachment ---Sample City Contract Professional Services Contracts Checklist for Submittal to City Clerk's Office Please transmit this form when our contract is read to be filed in the City Clerk's I)., Y Y Y �To: Connie Brockwa , Cit ClerkY Y x5404 1. Name of Contractor: APA Engineering ' S 23282 Mill Creek Drive #160 o z Laguna Hills, CA 92653 0 C--, T. 2. Purpose of Contract: o—�-�. Provide as -needed wage compliance and engineering services for capital Improvements prthct_�g _ cn � c-) D 3. Expiration Date: One year after the date of this agreement 4. Amount of Contract: $500,000 -o3 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (Renewal/Amendment/Etc)? 0 YES 0 NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? ❑ YES ❑ NIA OR Is the attached contract a SOLE SOURCE? O YES 0 NIA C. Did you attach a COPY of the insurance certificate and send the ORIGINAL TO RISK MANAGEMENT? O YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: Joe Dale x-5915 Name/Extension Public Works Department October 16. 2003 Date g:/forms/city clerk contract checklist.doc CI i r C K CI F PROFESSIONAL SERVICES CONTRACT BET N H B H. CA THE CITY OF HUNTINGTON BEACH ANDS 3 OCT I 'j P S_ FOR 95 - ilJF�y� �1 l�A U� Co.�Pc%,✓c c- t i�U�i.Jc-t�c.�� 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.........................................................10 :...................4 Certificate of Insurance............................................................................................ 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.................................................................6.......................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.........................................................................................................10 27 Entirety ......................................................................................................................10 N O O w O C) J ORIGINAL 0 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Aet4 , FOR �S`�tlL-C-J,�acl W,46ic GOAACJ9-JCC tfNGZ.IC:l-rQt.✓C� �. THIS AGREEMENT ("Agreement") is made and entered into this day of .� c � � y 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to mo u' e ; 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 A. 4 , �%� x &Owho shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/ 1510 1 -A 1 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 as soon as practicable after the execution of this Agreement by CITY (the o.vE y¢.4/L 4--re-4 -r,(rE o.+re "Commencement Date"). This Agreement shall expire as s i= roil .4 unless sooner terminated as provided hereinAll tasks specified in Exhibit "A" shall be DC-AJC id0—) Ji°CciFiE� completed no later than Tn1 from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. T iZJ 4 44,rc^e j,- II oeeA�r-&)4 4Ae FAR TcJ6 o.JE-y"- A T�ie.kf w�Ti� A��1 4. COMPENSATION 7b TEE 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 "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed f7a-.114 2Fi r110yj fm 3 Dollars ($ �5-001 d 0 0. 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 such work only after receiving written authorization from CITY. Additional agree/forms/profservl0/15/01-A 2 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 Exhibit "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 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 agree/forms/Mfsery 10/15101-A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. 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. agree/fornWprofserv10/15101-A 4 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. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, 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. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profserv10/15/01-A 5 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. agree/forms/profsery 10/15101-A 6 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 1 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: �l/I�t . �T9✓'.�Pi/ L/7AL,� 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: 6UVA /M21-<f, CA /ftr.J' /1LI AkAA7) 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. agree/forms/profsery 10/1510I-A 7 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 agrWforms/profsery 10/15/01-A 8 • 0 which is hereby affected shall be 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, agree/forms/profsery 10/15/01-A 9 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 non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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 parry'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. agree/forms/profserv10/15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written: CONSULTANT, CITY OF HUNTINGTON BEACH, APA Enoonee-nnct Inc . corporation of the State of California Director of Rt6C« -Work5 By: (Pursuant To HBMC §3.03.100) At-t PAK2,�D print name ITS: (circle one) Chairman/President/Vice President APPROV D AS TO FORM: ANDu City Attorney REVIEWED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. secretary - Treasmer`� City Administrator (only for contracts $50, 000.00 and over) agree/forms/profsery 10115101-A I I