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Berryman & Henigar, Inc - 2001-11-19
Council/Agency Meeting Held: D Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied y le 's Si ature Council Meeting Date: November 15, 2004 Depart D Number: PW 04-080 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - SUBMITTED BY: PENELOPE CULBR7 I Q -GR C_I W �DN ATOR PREPARED BY: ROBERT F_ BEARDSLEY, PE, DIRECTOR OF PUBLIC ?�Kr'� -. SUBJECT: Approve Amendment No. 1 to Professional Services CdftiraiA with Berryman & Henigar, Inc. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Professional Services contract with Berryman & Henigar, Inc. requires an amendment for a time extension. Funding Source: No additional funding needed for this action. Recommended Action: Motion to: 1. Authorize an exemption to Section 3.03.120 of the Huntington Beach Municipal Code to allow extension of a professional services contract beyond the term of three years. 2. Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Berryman & Henigar, Inc. Alternative Action(s): Do not authorize the amendment and direct staff on how to proceed. REPUEST FOR CITY COUNCIL APrION MEETING DATE: November 15, 2004 DEPARTMENT ID NUMBER: PW 04-080 Analysis: On November 19, 2001, the City Council approved the professional services contract for As -Needed Sewer Design Services to Berryman & Henigar, Inc. Berryman & Henigar has recently completed design on the Sewer Lift Station "D" project, however, it will be necessary to retain their services throughout the construction period and to provide as - built drawings upon completion of the construction. The construction period is anticipated to last approximately one and one-half (1-112) years. As the contract ends on November 19, 2004, a time extension must be approved in order for Berryman & Henigar to complete these final tasks. Public Works Commission Action: Not required. Environmental Status: Not applicable. Attachments): Amendment No. 1 RCA Author: T. Broussardn G:IR C Al2004104-080 Nov 1 Broussard (B&H Contract Amendment).doc -2- 10122/2004 8:30 AM 0 ATTACHMENT #1 AMENDMENT NO.1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BERRYMAN & HENIGAR, INC. THIS AMENDMENT is rnade and entered into the � day of 2004 by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,` and BERRYMAN & HENIGAR, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 19, 2001, entitled "Professional Services Contract Between The City Of Huntington Beach And Berryman & Henigar, Inc., To Provide As Needed Sewer Design Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for an additional three-year period, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM. Section 3 of the Original Agreement entitled "Time of Performance" is hereby amended to read as follows: 3. TEVIE 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. These times may be extended with the written permission of CITY. The time for the performance of the tasks identified in Section 1 are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. CONSULTANT'S services shall continue through November 30, 2007, unless sooner terminated as provided for herein. 04Agce: AmendmentToExtendBerryman&BenigarAgmement RIS 2004-0329 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 parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: BERRYMAN & HENIGAR, INC. A California corporation (print or type name) Its: (circle one) Chairman/Presiden ice President 'f 4 r (print or type name) Its: (circle one 5eeretary ief Financial Officer/ sst. ecretary-Treasurer 2 04Agree:AmendmentToExtendBerryman&HenigarAgreement RLS 2004-0329 CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor AP VED AS TO FORM: % ity Atto ey �d u ISM REVIEWED AND APPROVED - City AdYninstrator INIT T D APPROVED: Director of Public Works 10/26/2004 14:50 71454260 ADMINISTRATION PAGE 02 ANO. CERTIFICATE OF INSURANCE PItOEII1OEq r:Do CET' Barney & Barney, LLC-CA Lic000395F�N01 Barney & Rarney, Inrr-CA Lie0C2431CIEffiI P_7. Box 85638 San Diego, CA 921P6-5638 (658) 457-3414 C A MstO: 6164 ISSUE GATE iMAiADD" BER75159 No 112020 3.0/21/04 COMPANIES AFFORDrNQ COVERAGE EVEREST NATIONAL INSURANCE CO. COMPANY NO COVERAGE ON THIS DOCUMENT ° HAN ERRYM& HENIGAR, INC,; ET L6TTm B A1, ( SEE ATTACHED) COMPANY 0 NO COVERAGE ON THIS DOCUMENT LETTER 11594 WEST BERNAR,Dp CT., #100 Lomvomf D NO COVERAGE ON THIS DOCUMENT SAN DzEGO CA 92127 CMPAE NO COVERAGE OIL THIS DOCUMENT THIB 13 TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED FLAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTSANDINt ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI-0 DOCUMENT WITH RESPEOT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEROIN IS 8U11JECT TO ALL THE TERMS. s XCLUSIONS AND CONDITIONS OF SUCH POuGIEB, UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYK OF INSURANCE POLICY NUMER POLICY EFFECTIVE pomy EMIR4TION LiNRT9 . 1151E WAX)" DATE (MkvCOIYYE QEigENA L W RIUM :6E14EPAL AGGREGATE COUNIEKNAI GENERAL LIABILITY PRCOUCU-WMPMP AGG. s * * * * eF * * k w CLAIMS MADE OCCUR No COVZr%ArjE PERWNA4 R AD'A. INJURY s w * w * * * * * xr OWNER'S A CONTR Nff0F1'S PROT, . RACIa &=RMFNCE S FIRE DAM48E (Any one nml MED. DIP® mml: S AUTOMIOBILIE LIABILITY [be,I6rNED BIF7GLE ANY AUTO LIMIT ALL DWNEb AlfrOe 40C LY INJURY 90HEDULEO AUTCS R%' P—ro MIRtO °t17p$ NO COVERAGE OWLLY INJURY NON-CW NED AL169 IW r etcitlaru) QARAGE LIABILITY PPOPERTY DAMAW --�--EXCESS LIA6ILITYY..........__,_.............._..----_._.... _. �._.._.,—_��_—_ UMBRELLA FORM NO COVERAGE OTH0 THAN UMBRF�µA FORM WORKER'S COMPENSATION A AND CAICO000168-041 EMPLOYERS' LIAWLrrY EACH OCCURRENU ,AGGREGATE .. 9 w**A'7r7rYr*ir X STATLITOW WMITS - 09/30/04 09/30/05EACHACQCMT `$ *I, Ooo, o0 UISEABE -POLICY LIMIT -- OI6EAgE - EACH EMPLOM S 5D'fi3CAWTIONOrOPEPATIONS/LOCATRMSIVRICMISPECIAL R9Ym *10 DAYS NOTICE OF CANCELLATION APPLIES TO - NON-PAYMENT. RE: ON -CALL SEWER LIFT STATION DESIGN SERVICES �GERYIFICATE HOLDER "`-- -. • CANCELLATM SHOULD ANY Or THE ABOVE OESCRISEO POLICIES BE CANCELLED OEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL X2mRwxm CITY OF HUNTZNGTON BEACH MAIL � DAYS WRITTEN NOTICE TO THE CEFCI'IFIGATE HOLO9R NAMED TO THE ATTN : MR. TODD BROUS SARD T LEFT, p� ��pp� XIOLT PUBLIC WORKS DEPT. x 2000 MAIN STREET HTJNTINGTON BEAC;;. CA 9264$ AVTHORI;QORL4PRESEtfTATfVE AM COi16 29 � PI801 ama &ft"ON 10w THE CERTIFICATE HOLDER IS NAMED AS ADDi'C ONAI_ INSURED PER IFFE ATTACRD ENDORSEM . AP OVED A TO POL2M: /'o� s>/o J NIFER McGRATH, CityAttoxney 10/26/2004 14:50 71454 0 ADMINISTRATIONS PAGE 03 ATTAMMINT THE FOLLOWING ARE ADDITIONAL NAMED INSUREDS; BERRYMAN & HENTC,A.R ENTERPRISES 10/26/2004 14:50 71454#0 ADMINISTRATION PAGE 04 ACOM w7polu:&F PRODUC2R 10 IE$CIED AS A MATTER OF INFORMATION ONLY AND Barney & Barney, LLC - CA L3aanaa No. 0003900 'CRI NO RIGHTS UPON TILE CERTIFICATE TIOLOER. THIS CERTIFICATE Not AMtN4. M EW OR ALTER THE COVERAGE AFFM'3%D BY IME Barney & Barney. Inc. - CA License No. OC24310GIESEELR)YY. P.O. Box 85638 COMPANIES AFFOR131NO COVERAGE San Diego, CA 92186-5635 MST #5 MONFANl' A TRAVELERS INDEMNITY CO. OF ILLINOIS LETTEp INS~ OOWANA' g NO COVERAGE ON THIS DOCUMENT r.MER, Berryman & Henigar Enterprises Berryman & Henlgar, et al i-NY C NO COVERAGE ON THIS DOCUMENT COMPANY D NO COVERAGE ON THIS DOCUMENT Lt TTER 11$90 Weal 89mardo Court San Diego. CA 92127-1624 Combo"), i.2,r�_ ✓�'. � h"r � 'h. FVI THS IS M CERTIFY TVAT THE POUCAES OF 114SURMCE EeLPW W1V'E BEEN 1851]E[) TO'l`TiE IN3URED NAMED ABOVE FOR THE POLICY PERIOD INDICATirO. NOTWITHSTANDING Aw REEQUIRINIENT. TERM OR CONDITIOM OF ANY COWMACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY OR ISSUED OR MAY PERTAIN, THE INSURANCE APPORDIED BY TKE POLICIES DESC14109D HEREIN rS SMECT To ALL THE TERMS, EXCLUSIONS ANO CONE)MONS Or SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCM BY PAID CLAIMS. CO TYPE OFINStMANCE FOLIGYNUMBER POLICY FGLICYEWIRATjON LIMBS LTR 11"ECTRE DATE IMNIdblYY) DATE IMV MM GENERAL UAZILITY ONNERAL 00REGATE S•""""`"2,000.000 ICI COMMERCIAL 0ENERAL[ABILITY 630625a6655 121311D3 12131/04 PPMOLICPS-...OW10PAGG, .....4'"2,000.000 A ❑ C4 W$ MADE OCCUR- OWNER'S& CONTRACTOR'SPROT. PERSONAL 6 Add. INJURY 5""""`1,D4d,f180 04H0CCUARENCE s.MMMMI,WV,DQY FIRE DAMAQE (AW on@Are) g•••""""'144.OD0 MED. RDIPENBE [Amr OM OWN I AUTOMOaILF LIABILITY GOWNED S1NGL€ ANY AUTO $10 52505555 12/31103 12A1104 LIMIT S^-'"`•••1,Di1O.00D Q ALLOY NF.DAUTC5 BODILYMNURY A Q WFIEVULED AUTOS IPw Perml s..»..«..«w.+.»0 HIRED AUT05 R0VILY INJURY NON•OWNEG AI.7Toti I Per MJ wnq 5....«....,..+»».0 ORDPFRTYOAMAGE $`•""""""""'0 p 0ARAI}ELIAVIJrY €%LESS LIABII.rTY FACH OCCURRENCE A UMBRELLA FORM CUP 525DWS5 IV31103 1?13Lt04 AGC�REekTE y��N+•+�E gpp,p� OTHER THAN UMBRELLA FORM.Ihrr�'. ClSTATUrORYLIMITB WORKERS' COMPENSATION ;•�•«••••••••�••••la 6ACkACCMENT AND DISEASE.PaLMYLwT •••""•"^"'"" "'4 EMPLOYERS' LIABILITY DISEASE- EACH EWWYEE $`......'".... -0 OTHER NO COVWACE DESCRFn0N OF 0nRATIDNM,QC.ATl0N"HICLESWrCIAL ITEM6 `10 Clays noHCe Of cancellakn applie$ to non-payment RE:ON,CALL SEWER LIFT STATION DESIGN SERVICES SFIOULU ANY OF THE ABOVE DESCAM PDUCIES SE CANCELLED BEFGFM THE . 0TOM1 Igl1 GATE THERE W. TW 163UR16 ODAIPANY WILL ENDGAVQASD CITY OF I- UNTINGTON BEACH �a? MAR. N 12AYS WInTEN rr r= TO THE GERTIPICAT£ Wk0FR NAMGD m rHE ATTN: MR. TODD BROUSSARID/PUBLIC W()PKS DEPT_ L �� 2000 MAIN STREET ', , � r ,yen iTv nr HUNTINIGTON! BEACH, CA926r46 AVfHQFt= � ,r THE CERTIFICATE HOLDER fS NAMED AS Ac]aM014AL MISVRIED PER THE ATTTACHED ENDORSE16115NT ppp OVEDASTOIORM� l�I�rl� E DER MSG TH, city Attorney 10/26/2004 14:50 71454#0 Berryman & Henigar Enterprises 4DMINISTRATI04 PAGE 05 Named Insured: Berryman & Henigar Enterprises Berryman & Henigar, Inc., A Califomia Corporation Berryman & Henigar, Inc,, A Florida Corporation Harbor Engineering Gnvpartner.com Schedule of Locations: 11590 W, Bernardo Ct., Ste. 10Q San Diego, CA 92127-1624 2001 East First Street Santa Ana, CA 92705-4020 6150 Stoneridge Mall Road, Ste. 370 Pleasanton, CA 94588-3241 674 NE 511 Street Crystal River, FL 34429 16880 W. Bernardo Drive #150 San Diego, CA 92127 1414 SW Martin L King Jr Ave. Ocala, FL 34474-3129 1221 W. Colonial Drive, Ste. 300 Orlando, FL 32804-7156 1615 Huffingham Road Jacsonville, FL 32216 4 Hargrove Office Center, Unit B Palm Coast, FL 3200 Commonwealth Blvd., Ste. 101 Tallahassee, FL 32303 1412 Tech Boulevard Tampa, FL 33619 2045 NE 41"' Street Ocala, FL 34479 78-060 Calle Estado. Ste, 11 LaQuinta, CA 92254 4640 W. University Avenue, Ste, A-1 Las Vegas, NV 89103-3829 720 3'd Ave., Ste. 1200 Seattle, WA 98104-1820 3050 Beacon Blvd. West Sacramento, CA 95691 3006 Fuhrman Avenue East S eattJ a, WA 98102 10/26/2004 14,50 714542 0 ADMINISTRATION 0 PAGE 06 COMMERCIAL GENERAL LIABILITY POLICY NO, 630 525D5655 rHt3 0,11 1IMEMENT CHA140ES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) Additional Insured; CITY OF HUNTINGTON BEACH, iTS AGENTS, OFFICERS AND EMPLOYEES This ondorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIA131LITY —CONTRACTORS PART 1. WHO IS AN INSURED -(Section II) Is amended to Include any person or organization you are required to include as an additional Insured on this policy by a written contract or written agreement in affect during this policy period and signed and executed by you prior to the loss for which cover- age is sought. The person or organization does not quality as an additional Insured with respect to the independent acts or omissions of such parson or organization, The person or organization isonly an additional insured with respect to liability causco by "your work" for that additional insured. 2. The insurance provided to the additional insured Is limited as follows; a) In the event that the limits of liability Stated In the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this andorsement shall be limited to the limits of liability required by such contractor agreement_ This endorsement shall not in- crease the limits statod In Section iII -LIMITS OF 1N5VRANCE, 4) The insurance provided to the additional insured does not apply to "bodily injury", "property damage`. "personal Injury" or "advertising injury" arising Gut of an archkeofs, angineer's or surveyor's rendering of or failure to render any professional services including- I, The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and il. Supervisory or inspection activities per -formed as part of nny related architectural or engineering activities. c) This insurance does not apply to "bodily In- Jrny or "property damage" caused by "your work„ included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional Insured by a written contract or writton agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only tor the period of time required by such oon-trsct or agreement and in no event beyond the expiration date of the policy, s. subpart (1)(0) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I -Coverages) does not apply to you if the "bodily injury" or "property damage" arlses out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" Is performed. 4. Any coverage prvvlded by this endorsement to an additional insured shall he excess over any other valid and collectible Insurance eveifable to the additional insured whether primary, excess. contingent or on any other basis ur4ase a written contract or written agreement in effect during this policy period and signed and exeouted by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory bests. When this Insurance is primary and there is other Insurance available to the additional insured from any source, we will share with that other Insurance by the method described In the policy. S. As a condition of coverage, each additional Insured must. a) Give us prompt written notice of any 'Occur- rence" or offense which may result In a claim and prompt written notice of "suit". APPROVED A TO FORM: IFE cGRATH,Ct Aft/0,ev V Co 02 46 10 02 Copyright, The Travelers Indemnity Compal 2002 [ `fir 10/26/2004 14:50 714542W COMMERCIAL GENERAL LIABILITY ADMINISTRATION 0 PAGE 07 a) Immediately forward arl legal papers to Lis, cooperate in the investigation or settlement of the claim or defense against the "soil," and otherwise comply with policy conditions. c) Tender the defense and Indemnity of any rlalm or "suet" to any other insurer which also Insures against a loss we cover under this endorsement. This includes, but Is not limited to, any insurer which has issued a policy of insurance in which the additlonaI Insured qualifies as an insured. For purposes of this requirement, the term "insures against - refers to any self-insur'anCe and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless or whether the additional insured has actually requested that the insurer provide the additional Insured with a defense and/or Indemnity under that policy of Insurance, d) Agree to make available any other insurance that the oddltlonal insured has for a loss we rover under this endorsement. CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Amendment No. 1 to Professional Services Contract with Berryman & Heni ar, Inc. COUNCIL MEETING DATE: November 15, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ) ( ) Assistant Cit Administrator (initial) } ) City Administrator (initial) } ( ) City Clerk ( } EXPLANATION FOR RETURN OF ITEM: RCA Author T. Broussard x 5247 Ja CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK CALIFORNIA 92648 LETTER OF TRANSNUTTAL OF ITEM APPROVED BY THE CITY COUNCIL! REDEVELOPMENT AGENCY OF THE CITY OF HUN'TINGTON BEACH DATE: Q TO: �Q�g`ft1 / bf1ATTENTION:['L /} Name / E i � T DEPARTMENT: /? REGARDING:City, State, Zip / �v c .5 See Attached Action Agenda Item Z- /% Date of Approvals Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: ljg 0 4 0 �CiClerk Attachments: Action Agenda Page Agreement IK,,, Bonds Insurance K RCA Deed Other. CC:i� 'Na&le Ptqaruneat RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Dep"ent RCA It ar4nent RCA (Telephone. 714-536.5227 ) Agreement Insurance Other Insurance CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: November 29, 2001 TO: Berryman & Henigar _ ATTENTION: Michael Fakhar Name 2001 East First Street DEPARTMENT: Street Santa Ana, CA 92705 REGARDING: Professional Services City, State, Zip Contract re: Sewer Design Services See Attached Action Agenda Item E-11 Date of Approval 11 / 19 / 01 Enclosed For Your Records Is An Executed CoPy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance x RCA Deed Other CC: R. Beardsley DPW x x x Name Department RCA Agreement Insurance other T. Broussard DPW x x x Name Department RCA Agreement Insurance Other Name Name C. Mendoza Name Department RCA Agreement Insurance Other Department iTCA Agrccment Insurance other Risk Mgmt x x Department RCA huutance (Telephone: 714-536-5227) CO OF HUNTINGTON BEACH $NMBER: MEETING DATE: November 19, 2001 DEPARTMENT 1D PIN 01-143 CouncillAgency Meeting Held: _Q � f Deferred/Continued to: XA roved ❑ Condition IyApproved ❑ Denied P} Clerk' S nature _ Council Meeting Date: November 19, 2001 Department ID Number: PW CITY OF HUNTINGTON BEACH s- REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator,5�� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACT WITH BERRYMAN & HENIGAR, INC. FOR AS -NEEDED SEWER DESIGN SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Sewer design services will be needed to implement sewer lift station and sewer line rehabilitation projects. An on -call professtional services contract with Berryman and Henigar, Inc. is recommended to prepare these projects. Funding Source: Funds in the amount of $250,000 (FY 2001-02) and $500,000 (FY 2002-03) are authorized from the Sewer Services Fund, 511805201.82600. Increasing the contract amount to $750,000 will allow for additional design services should alternative resources be made available through grant awards. The allocation of additional funds must be approved by the City Council. Recommended Action: Motion to: 1. Approve and authorize the Mayor and the City Clerk to execute the professional services contract with Berryman & Henigar, Inc. to provide as needed sewer design services; and 2. Authorize the Director of Public Works to expend monies not to exceed $750,000 per contract year. 01-14.3 Nov 19 Broussard (Sewer On -Call) -2- i 11/8101 7:37 AM j l� • • MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PW 01-143 Alternative Action(s): Deny approval and direct staff on how to proceed. Analysis: On October 4, 2001, the City enacted a sewer fee to provide funding to effectively maintain and rehabilitate the City's sewer system. Among the top priorities listed in the Integrated Infrastructure Management Plan (IIMP) is the rehabilitation of the City's sewer lift stations. Staff has established an aggressive schedule of rehabilitating one to two sewer lift stations per year as many of these stations have exceeded their design life. Sewer Lift Station T", located on Warner Avenue, east of Pacific Coast Highway, and the Coral Cay Sewer Lift Station, located adjacent to Coral Cay Lane, east of Pacific Coast Highway, are designated to be rehabilitated first. Design of these sewer lift stations involves many specialized engineering disciplines. It is staffs intent to to hire an outside consultant with a proven track record of providing these services efficiently and cost effectively. Requests for proposals were sent to the following five local consultants with known expertise in this field: 1. Berryman & Henigar, Inc. 2. Kennedy/Jenks Consultants 3. Sidawi & Associates 4. Tetra Tech, Inc. 5. Willdan Associates On September 24, 2001, proposals were received and subsequently reviewed by a three member City team utilizing the Quality Based Selection (QBS) process legislated by State law and the City's Municipal Code. Based upon this process, Berryman & Henigar was selected to provide the requested services. Staff recommends approval of the professional services contract with Berryman & Henigar, Inc. for as -needed sewer system design. Public Works Commission Review: Public Works Commission review is not required for approval of professional consultant services contracts. Environmental Status: Not applicable at this time. Each individual project will be brought forth in accordance with current practice and procedure. Attachment(s): 01-143 Nov 19 Broussard (Sewer On -Call) _Z_ 111131U1 11:39 AM ,2_ ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BERRYMAN & HENIGAR, INC. TO PROVIDE AS NEED SEWER DESIGN SERVICES Table of Contents 1 Scope of Services 2 Designated Contacts................................................................ 3 Time of Performance.............................................................. 4 Compensation .......................................... .----................... 5 Extra Work. ..... ... - ......... ........ -- ............................................ 6 Method of Payment ................... ....................------. 7 Disposition of Plans, Estimates and Other Documents .......... 8 Hold Harmless........................................................................ 9 Workers' Compensation Insurance ........................................... 10 General Liability Insurance..................................................... 11 Professional Liability Insurance .............................................. 12 Certificates of Insurance ............................. 13 Independent Contractor ............... 14 Termination of Agreement...................................................... 15 Assignment and Subcontracting .............................................. 16 Copyrights/Patents................................................................... 17 City Employees and Officials ................................................. 18 Notices.................................................................................... 19 Modification............................................................................ 20 Section Headings.................................................................... 21 Interpretation of Agreement .................................................... 22 Duplicate Original................................................................... 23 Immigration....................................................................... ...... 24 Legal Services Subcontracting................................................ 25 Attorney's Fees........................................................................ 26 Entirety.................................................................................... agree/forms/ l 0/ l 8/01 ................................. ....... I'll ... I ..................1 .................................2 ... ........2 .................................2 .................................2 .............................. ...4 ................................4 .................................5 ...--- .......5 ................................6 --. ............7 ... .................8 .............I...................8 ..........I......................8 .................................9 .................................9 .................................9 ................. ..1,..9 .............................10 .................................10 ................................. I I .... ..........................11 .................................11 .................................11 .................................12 • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BERRYMAN & HENIGAR, INC. TO PROVIDE AS NEED SEWER DESIGN SERVICES THIS Agreement is made and entered into this 19th day of Nayember 2001, by and between the City of Huntington. Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BERRYMAN & HENIGAR, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as need sewer design 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 said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES In general, the CONSULTANT shall be responsible for all aspects of a project including engineering, geotechnical, inspection, surveying, and entitlement services on an "as - needed" basis. The CONSULTANT shall assume that the majority of projects assigned will be for the rehabilitation and/or replacement of existing sewer lift stations. The CONSULTANT may elect to use subconsultants, however, these subconsultants must be approved by the City for the specific project. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: 1. Preliminary Engineering 01agree/sewer design/loil 8/01 Prepare alternative preliminary layouts, surveying, geotechnical services, and estimates of probable cost for alternatives, and prepare engineering details, and calculations. Present alternatives and provide recommendations and analyses of the advantages and of each alternative. 2. Entitlement The CONSULTANT may be required to provide environmental analysis and documentation as necessary as a number of projects are located within the Coastal Zone, 3. Permits The CONSULTANT shall assist the City in obtaining approvals from applicable agencies for environmental, and/or other permits as may be required. 4. Construction Documents Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The construction documents shall be reviewed by the City at the preliminary engineering, sixty (60%), ninety percent (90%), and final documents stages. The drawings shall be 24-inch X 36-inch ink on mylar media. Drawings shall be in AutoCad Release 2000 and submitted on a CD. Construction specifications and bidding documents will be provided in Microsoft Word 97 or later. The City will provide a Microsoft Word Version 97 of the General Provisions and bid forms; the CONSULTANT shall modify the documents by adding the necessary special provisions and bid items. 5. Bidding Stage Assist the City in answering bidders' questions, attend pre -bid conferences and job walks, prepare addenda, analyze bids, and recommend award. 6. Construction Stage Attend pre -construction conference. Monitor construction schedule, visit construction site as required for progress and quality of work. Assist the engineer, contractor, and inspector with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. Prepare "as -built" drawings. 01 agree/sewer design(10/ 18101 2 2. DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. CONSULTANT hereby designates Michael Fakhar who shall represent CONSULTANT and shall be CONSULTANT's primary contract person with CITY. 3. 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. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Section I are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4, COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) during each one year period of this Agreement, with the total amount not to exceed Two Million Two Hundred Fifty Thousand Dollars ($2,250,000.00). 5. EXTRA WORD In the event CITY requires additional services not included in Section 1, or changes in the scope of services described in Section 1, CONSULTANT will 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. Olagee/sewer design/10/18/01 3 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Section 1. B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and S) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. 01 agree/sewer design/ 10/18/01 4 If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Section 1 shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 01 agree/sewer design/ 10/18/01 8. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify, and save and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's 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. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 9. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorneys fees and costs presented, brought or recovered against the CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. O lagrm/sewer design/10/1 8/01 6 • • !CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 10. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. filagree/sewer design/10/18/01 7 11. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. 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 the reporting of any 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, including the requirement of adding all additional insureds. 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. 12. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and 013gree/sewer design110l18/01 8 • C. shall promise that such policies 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 coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. B. 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 the CITY. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 14. 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 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 01 agree/sewer design/10/18101 9 • • provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of the CITY, become its property and shall be delivered to it by CONSULTANT. 15. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 16. COPYRIGHTSIPATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 17. 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. 18. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows: 0 1 agree/sewer design/]0/18101 10 .7 is TO CITY: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 19. MODIFICATION TO CONSULTANT: Michael Fakhar, Vice President Berryman & Henigar 2001 East First Street Santa Ana, CA 92705 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20, SECTION HEADINGS The titles, captions, section, paragraph, 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 maters 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. 21. 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 01 agree/sewer design/ k 0/18/0l 11 • • to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 22. 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 of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 23. 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. 24. 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. 01agreeisewerdesio /10/18/01 12 25. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 26. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing sets forth the entire Agreement between the parties. 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. BERRYMApr& HENIGAR, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Geo ge Wentz, Sr ice re 'dent %Avn AND Maor �GI� ATTEST: By. k9 L& J Rodriguez, Chi financial fficer City Clerk 1)-4-01 APPROVED AS TO FORM: REVIEWED AND APPROVED: ' City Attorney d! City Adtdinistrator ta(, tick ATE AND APP ED: 1 �$ irector of Public Works 01 agreefsewer desigm110/IW01 13 ATTACHMENT #2 1 ACORU CERTIFICATODF LIABILITY INSURIRCE 10/ 8/0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P . O . Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 2711-0550 714 4 2 7 - 6 810 I�1 j{�f/}'I - �j�j , INSURERS AFFORDING COVERAGE .[ � 1-111L111��-1-iJ�-(��,- INSURED 1 INNSURERA: Design Professionals Insurance Co. Berryman U Henigar, Inc. 2001 East First Street ��yi INSURER B: Santa Ana CA 92705-4020 n INsuRERc: y V� 11 INSURER D: I r,NSURER 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE 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, INSR I.TR TYPE OF INSURANCE POLICY EFFECTIVE POLICY NUMBER DATE MM/DDlYY POLICY EXPIFiAi10N DATE IkAMIDDIYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ i— COMMERCIALGENERALLIASILITY CLAIMS MADE OCCUR FIREDAMAGE(Any,on.ii ) $ MED EXP (Any one person) $ I PERSONALS ADV INJURY $ GENERAL AGGREGATE $ j GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/DPAGG $ 1 POLICY PRO-- L LOC jgCT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ W ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraccident) - $ HIREDAUTOS 'i NON -OWNED AUTOS � i � i (PerOaccnRTY lDAMAGE $ GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I' $ .... EA ACC I OTHER THAN AUTO ONLY: AGG $ ANY AUTO f $ EXCESS LIABILITY OCCUR I CLAIMS MADE EACH OCCURRENCE $ AGGREGATE _ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 'I EMPLOYERS' LIABILITY I OTH WC STATU-RORY LIMITS ER I_,____ EL. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE S j El. DISEASE • PdLICY LIMIT $ - I A'oTHERProfessional 'IPL300397 (Liability _ 11/21/00 11/21/01 $1,000,000 Per Claim $2,000,000 Annual Aggr DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLEVEXCLUSION$ ADDED BY ENDORSEMENTISPECIAL PROVISIONS If cancelled for non-payment of premium, 10 days notice given. RE: On -Call Sewer Lift Station Design Services �Pp tO -5-D �S To po"M' e-y rr��x'�{{ �i"i�'ira; ""I y'Ntto� Li1L1L �� L Lax. 9 tqrp .]J ++11217 tl� CtHIIFICATE HOLIJEH ADDITIONAL INSURED; INSURER LETTER: CANCELLATION LI CA-, r— � SHOULD ANYOFTH E ABOVE DESCRIBED POLIESBECANCELLED BEFORETHE EmRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL AIL3_ DAYSWRITTEN Public Works Department NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT Attn: Mr. Todd Broussard i 2000 Main Street ff C Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE A ACORD 25-S (7/97)1 of 1 ##M5112 0 0 ACORD CORPORATION 1988 ACM-D. CERTIFICATfPF "LIABILITY INSU C1LSR RO DATE(MWDDIYY) ICON1 10/23/01 PRODUCER 1��iti THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MERIDIAN INSURANCE SERV. INC. Y'� HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4501 S. LA PALMA AVE. STE . 150 y� II ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM CA 92807_�.�� Phone:714-693-9100 Pax:714-693-9108 INSURERS AFFORDING COVERAGE Berryman & Henigar Inc Berryman & Heni ar Enterprises 1159D W. Bernarao Ct0 00 San Diego CA 92127 -104 COVERAGES INSURERA: Transcontinental Ins. Co. INSURERB: American Casualty CO. (CNA) INSURERC: Valley Fore Ins. Co. (CNA) INSURERD. State Compensation Ins. ]Fund INSURERE: Continental Casualty Co. {CN THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, 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. iNSR LT TYPE OF INSURANCE POLICY NUMBER FOLIC DATE MM1FO EXPIRATION', LIMITS DATE MNUD PENERAL LIABILITY j EACH OCCURRENCE S1,000,000 FIRE DAMAGE (Any«,eflre) $ 50,000 A - COMMERC14ALGENERALLIABILITY C175166588 12/31/00 12/31/01 CLAIMS MADE 7 OCCUR r MED EXP (Any one person) ! S 5,000 PERSONAL SADVINJURY $ 1, 000, 000 Owner/Cunt Prot. _ �-I_ GENERAL AGGREGATE $ 1, 0 0 0, 0 0 0 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S1,000,000 X POLICY 7 JE& F LOC C LAUTOMOBILE LIABILITY X ANY AUTO L ALL OWNED AUTOS SCHEDULED AUTOS BUA1073310420 12/31/00 12/31/01 COMBINED SINGLE LIMIT (Eaaccidenl) $ 1, 00 0 , 00 0 BODILY INJURY (Per per`>On) $ HIRED AUTOS NON-OWNED AUTOS p Q AS TO F'0 Y INJURY (Per accident)$ _ - " -- — GAIL 17JI $ 5 0 0 DSD COMP COI , A ?9 C1 U a �, t._ „1'� r A toxDeq PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC TO ONLY: AGG $ ANY AUTO �� $ EXCESS LIABILITY EACH OCCURRENCE : S 5 , 0 0 0 , 0 00 B X OCCUR F1CLAIMSMADE CUP1043807157 12/31/00 ; 12/31/01 AGGREGATE $ 5, 000, 000 $ $ kDEDUCTIBLE $ X RETENTION $ 10, 000 I D WORKERS COMPENSATION AND EMPLOYERS'LUIBILITY 160772601 (CA) WCCICS4779832 (FL-AS-XV) 09/30/01 12/31/00 09/30/02 12/31/01 X TOR11 T Y LIMITS 1 ER E.L. EACH ACCIDENT S1,000,000 E.L. DISEASE - EA EMPLOYE© S1,000,000 E.L. DISEASE -POLICY LIMIT I: S 1, 000, 000 OTHER A Inland Marine C175166588 12/31/00 12/31/01 Equipment $54,634 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Huntington Beach, its offices, agents & employees are named as additional insureds per endorsement. RE: On -Call Sewer Lift Station Design Services %.=K I IFILdR 1 C 1'7VL.UGK Y ADDITIONAL INSURED; INSURER LETTER GANGELLATIVN C+IT)=2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF. THE ISSUING INSURER WILLjj�MAIL 30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PAWL Attn: Todd Broussard 2000 Main Streetof Huntington Beach CA 92648 G17957F42 0498 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. yvu j CONTRACTORS BLANKET ADDITIONAL INSURED ENDORSEMENT !b This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured an this policy under a written contract or agreement but the written contract or agreement must be; 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury' or "advertising injury." B. The insurance provided to the additional insured is limited as fbilows: I. That person or organization is only an additional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or, agreement or in the Declarations for this policy, whichever is less. These Limits of insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by contract or agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occurring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or 1 of 2 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional Insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional insurance does not apply to "bodily injury," "property damage," "personal injury," or "advertising Injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving. or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, Paragraph 4.b.. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended with the addition of the following: 4.Other Insurance b. Excaes Insurance ApPROVED AS TO FORM V 0AJL HUTTON, CItY Att,0=07, This insurance is excess over: Dc } —y �U(Fed Z y f Any other valid and collectible insurance availabl to the additional ins whether primary, W1/01 8:52 AM G17957F42 0498 2 of 2 • • excess, contingent or on any other basis unless a contract specifically requires that this insurance be either primary or primary and noncontributing. Where required by contract, 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. • ATTACHMENT #3 1 2 3 4 5 E 7 8 9 1C 11 12 13 14 15 16 17 le 19 2C 21 22 23 24 24 25 at 27 Wastewater Lift Station Master Priority List Pump Stations Year Built Pumping. Capacity Deficiency (2) Pump Cycling (Cycles/Hr.) {+1 Wet Well Cycling Deficiency (1)(2) Inadequate Pipe SUpport(2) Leaking Dry Well/ Vault (2) Exposed and/or Inadequat eWiring(2) undersized Dry Well(z) Corroded Piping, Dry Well, Hardware(2) Deficiency (Over Design) (3) 09. Warner & Edgewater fte 1962 YES 18 YES YES YES NO NO NO 200% 28. Coral Cay 1971 NO 7 YES YES YES YES NO YES 17% 25. Edinger & Santa Barbara 1973 YES 14 YES YES YES YES NO YES 133% 13. Stater & Springdale 1965 NO 38 YES YES YES YES YES YES 533% 22. Saybrook & Heil 19651 YES 18 YES YES NO YES YES YES 200% 08. PCH & Warner 1962 NO 28 YES YES YES NO NO YES 366% 07. PCH north of Warner 1962 NO 17 YES YES YES NO NO YES 183% 29. Trinidad & Edinger 1976 NO 11 YES YES NO YES NO YES 84% 21. McFadden & Dawson 1972 NO 10 YES YES YES YES NO NO 67% 16. Adams & Ranger 1963 NO 17 YES YES NO YES YES YES 183% 24. Edwards & Balmoral 1967 NO 19 YES YES NO YES NO YES 216% 15. Oceanhill & Beach 1978 NO 7 YES NO NO NO YES YES 17% 06. Edgewater & Davenport 1964 YES 9 YES YES YES YES NO YES 50% 11. Lark & Warner 1961 NO 9 YES YES YES NO NO NO 50% 23, New Britain & Adams 1972 NO 6 NO YES YES YES NO YES 0% 26. Brighton & Shoreham 1972 YES 19 YES YES YES YES YES YES 216% 05. Davenport & Baruna 1963 NO 10 YES YES NO YES NO NO 67% 02. Humboldt & Wayfarer 1967 NO 10 YES NO YES YES NO YES 67% 03. Gilbert & Peale 1962 NO 2 NO YES NO YES NO YES 0% 01. Graham & Kennilworth 1965 NO 18 YES YES YES YES NO NO 200% 19. Bushard & Peitswood 1969 NO 7 YES YES YES YES NO YES 17% 20. Speer & Crabb 1968 NO 2 NO YES YES YES NO YES 0% 10. Algonquin & Boardwalk 1985 YES 12 YES YES YES NO NO YES 100% 18. Atlanta & Beach 1991 NO 6 NO YES NO NO NO YES a% 14. Gothard & Ellis 1996 NO 6 NO NO NO NO NO NO 0% 17. Brookhurst & Effingham 1 19651 NO 28 YES YES NO YES NO 366% 04. PCH & Admiralty 1962 YES 17 YES YES YES YES _+_YES No YES 183% List as of August.29, ZOQ1 and can be updated and revised at any time. (" Pump Motors are designed for a maximum of six cycles per hour. (2.) Design information provided by the Kennedy/ Jenks Wastewater System Master Plan "Final Report" April 1995 (3') (Exist. pumplcycles - 6 )16 " 100% RCA FIOUTING SMEET INITIATING DEPARTMENT: Public Works SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACT WITH BERRYMAN & HENIGAR, INC. FOR AS NEEDED SEWER DESIGN SERVICES COUNCIL MEETING DATE: November 19, 2001 .... RCA ATTACHMENTSTAT.1S Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to fon-n by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable FindingslConditions for Approval and/or Denial Not Applicable EXPLANATION,FOR SS'IN MG ATTACHMTS EN REVIEWED RET = R IED FOR�t1�ARD . . ... Administrative Staff { { } Assistant City Administrator (Initial) { ) { ) City Administrator (Initial) ( ) { ) r. r. eroussaraam • MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PW 01-143 Alternative Action(s): Deny approval and direct staff on how to proceed. Analysis: On October 4, 2001, the City enacted a sewer fee to provide funding to effectively maintain and rehabilitate the City's sewer system. Among the top priorities listed in the Integrated Infrastructure Management Plan (IIMP) is the rehabilitation of the City's sewer lift stations. Staff has established an aggressive schedule of rehabilitating one to two sewer lift stations per year as many of these stations have exceeded their design life. Sewer Lift Station "D", located on Warner Avenue, east of Pacific Coast Highway, and the Coral Cay Sewer Lift Station, located adjacent to Coral Cay Lane, east of Pacific Coast Highway, are designated to be rehabilitated first. Design of these sewer lift stations involves many specialized engineering disciplines. It is staffs intent to to hire an outside consultant with a proven track record of providing these services efficiently and cost effectively. Requests for proposals were sent to the following five local consultants with known expertise in this field: 1. Berryman & Henigar, Inc. 2. Kennedy/Jenks Consultants 3. Sidawi & Associates 4. Tetra Tech, Inc. 5. Willdan Associates On September 24, 2001, proposals were received and subsequently reviewed by a three member City team utilizing the Quality Based Selection (QBS) process legislated by State law and the City's Municipal Code. Based upon this process, Berryman & Henigar was selected to provide the requested services. Staff recommends approval of the professional services contract with Berryman & Henigar, Inc. for as -needed sewer system design. Public Works Commission Review: Public Works Commission review is not required for approval of professional consultant services contracts. Environmental Status: Not applicable at this time. Each individual project will be brought forth in accordance with current practice and procedure. Attachment(s): 01-143 Nov 19 Broussard (Sewer On -Call) -0- 11/13/01 11:39 AM