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HomeMy WebLinkAboutBucknam & Associates Inc. - 2011-09-12PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUCKNAM & ASSOCIATES INC. FOR Street Assessment District Feasibility Study Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance...............................................................................................2 3 Term; Time of Performance....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work..............................................................................................................2 6 Method of Payment.................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ........................................... 3 8 Hold Harmless......................................................................................................... 3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance...........................................................................................5 11 Independent Contractor........................................................................................... 6 12 Termination of Agreement...................................................................................... 6 13 Assignment and Delegation................................................................................ 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent.................................................................................................................... 8 18 Modification............................................................................................................ 8 19 Section Headings..................................................................................................... 8 20 Interpretation of this Agreement.............................................................................. 8 21 Duplicate Original...................................................................................................9 22 Immigration.............................................................................................................. 9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees.........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories................................................................................................................10 28 Entirety.....................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUCKNAM & ASSOCIATES INC. FOR STREET ASSESSMENT FEASIBILITY STUDY THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Bucknam & Associates, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide a Street Assessment Feasibility Study; 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 Steve Bucknam who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professionalsvcs to $49 12-07 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on September 12 , 20 11 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty thousand Dollars ($30,000). 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 agree/surfneUprofessionalsves to $49 12-07 2 of 11 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 (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional svcs to $49 I2-07 3 of 11 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional svcs to $49 12-07 4 of 11 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT' waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either 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. agree/surfnet/professional svcs to $49 12-07 5 of 11 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 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. agree/surfnet/professional svcs to $49 12-07 6 of 11 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. 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: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Bucknam & Associates Inc., Attn: Steve Bucknam 30131 Town Center Dr., Ste. 295 Laguna Niguel, CA 92677 agree/surfnet/professional svcs to $49 12-07 7 of 11 17. CONSENT 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. 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 agree/surfnet/professional Svcs to $49 12-07 8 of 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. 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. agree/surfnet/professional Svcs to $49 12-07 9 of 11 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevaiiing 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. OONSULTANI''s initials "-��- 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The .parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's agree/sw&eUprofmimal Svcs to $49 12-07 10 of 1 I 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 platter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, Bucknam & Associates Inc. COMPANY NAME By: -P44- print name ITS: (circle one) Chairman/Presideat(VicePresident AND By: 4 p 'nt name ITS: (circle one) SecretaryfChief Financial Officer/Asst. Secretary — Treasurer agree/surfnetfprofessional Svcs to $44 12-07 11 of l l CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director hief (Pursuant To HBMC §3. 03.100) APPROVED AS TO FORM: City Attorney Date August 19, 2011 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Mr. Travis Hopkins, P.E. Director of Public Works SUBJECT: Proposal for Professional Services - Feasibility Study Citywide Street Assessment District Formation Dear Travis: Thank you for the opportunity to submit this proposal to provide a Feasibility Study for a Citywide Street Assessment District. The City can benefit from our consulting team's assessment engineering expertise and work with public agencies forming and administering their special districts. We are committed to accomplishing the City's Citywide Street Assessment District's program goals as outlined in its Street Infrastructure Funding Analysis presented to the City Council in July 2011. We will study the benefits, costs, and the feasibility of forming a citywide street assessment district covering the City's street, alley and parking lot infrastructure elements. We understand that City services and maintained infrastructure keep a community safe, enjoyable to live and work in, and promote business vitality. We recognize that an important key to the success of this project is public education. We are experienced in providing engineering and financial information in a common sense manner that emphasizes benefits to the property owners. Our experienced Municipal Services Team includes: C. Stephen Bucknam Jr., P.E., will serve as Program Manager. He has over 38 years of experience in civil engineering, district formation, administration, and management consulting. He is a Registered Civil Engineer in the State of California. Peter Bucknam will serve as the project's GIS and data specialist. MF Whipple & Associates will serve as the special district consultant. For over 40 years, Michael F. Whipple has provided special district financing consulting services to public agencies throughout Southern California. Our Team's knowledge will benefit the City in the following ways: • Expertise includes compliance with the State of California's government codes and Proposition 218 including special benefit analysis. • Proven track record of keeping commitments and adherence to deadlines. • Excellent communication skills results in the team's ability to facilitate the Feasibility Study. • Breadth and depth of experience ensures excellent value at a realistic fee. Our proposal for this consulting assignment is attached for your review. We look forward to having an opportunity to discuss the details of our proposal with you. If you have any questions, please contact me at 949-363-6461 (office), 714-742-4802 (mobile), or by email at steve@bucknam.net. BUCKNAM & ASSOCIATES INC. 30131 Town Center Drive, Suite 268, Laguna Niguel, California 92677 T.949.363.6461 F.949.363.6505 www.bucknam.net steve@bucknam.net Very truly yours, j` C. Stephen Bucknam Jr., P.E. President Encl: cc: Todd Broussard P. Bucknam M. Whipple BUCKNAM & ASSOCIATES INC. 30131 Town Center Drive, Suite 268, Laguna Niguel, California 92677 T.949.363.6461 F.949.363.6505 www.bucknam.net info@bucknam.net Proposal for Professional Services Feasibility Study Citywide Street Assessment District Formation 1. SCOPE OF SERVICES The following Scope of Services Professional Services anticipated in relation to a Street Infrastructure Funding Analysis related to the preparation of a Feasibility Study for the formation of a City-wide Street Assessment District program; that could potentially provide supplemental funding for the City's' Streets, Alleys and Parking lot Improvement Programs. Task 1. Program Research & Assessment A. Assessment District Strategy Meeting Work efforts under this task would include conducting a strategy meeting with the City to discuss their specific goals and objectives for the Study (Study). The meeting would establish a clear understanding of the task efforts amongst the program team. The Study program's schedule and milestone deliverables would also be discussed. It is our understanding that the Study would encompass arterial and local streets, alleys, as well as curb and gutter, sidewalks, and city owned parking lots. B. Data Collection This task would involve the collection, assembly and analysis of information necessary to garner an understanding of the City's current parcel database information, budgetary constraints and projected future revenue requirements. Assistance and collaboration with City staff is requested to assemble this background information dataset. Specific Information needs may include: 1. Assessor's Parcel information and characteristics 2. GIS Database mapping information 3. Current and projected programmatic budget projections over the fifteen year planning horizon 4. Capital improvement program cost estimates and schedule 5. Existing financial policies and procedures 6. Review of the City's current assessment system policies and procedures, if any 7. Consultation with Southern California Cities which have successfully setup and established Citywide Street Assessment Districts 8. Any other relevant information to the program City of Huntington Beach Feasibility Study for Formation of a Citywide Street Assessment District Page 1 Bucknam & Associates, Inc. • • 1 Task 2. Evaluate the Feasibility Assessment District Formation A. Review of 2011 Pavement Management Program A review the City's 2011 Pavement Management Program's recommendations over five, ten and fifteen year planning horizons will be made to ascertain its financial impacts to the proposed Citywide Street Assessment District. A review the proposed Street Improvement Program to determine the feasibility of financing the City's proposed Street Improvement Program through the formation of a Citywide Street Assessment District (District) will be made. This work effort will be coordinated with the City to identify and confirm the specific improvements to be included in the District. An evaluation of the pros and cons of potential assessment methodologies to form the Citywide Assessment District (District) will be made, which may include the following options: 1. A Citywide Assessment 2. Assessment Citywide through Sub -Districts 3. Other Alternative Methodologies B. Database Preparation Prepare a parcel database based on the data and assessor maps from the County and City sources. The database will be the basis for evaluating a potential assessment roll, and survey. The database would include the following: 1. Assessor's Parcel Number (APN) 2. Assigned Assessment Number 3. Property Owner information 4. Situs Address 5. Parcel Data 6. Land use Designations C. Benefitted Parcel Identification Due diligence will be required to determine the appropriateness of forming an assessment district. Tasks for the selected option for the Street Assessment District Study include: • Determination of the parcels to be included in the proposed district • Determination of district boundaries alternatives • Assessment of street improvements included in the proposed district City of Huntington Beach Feasibility Study for Formation of a Citywide Street Assessment District Page 2 Bucknam & Associates, Inc. City of Huntington Beach D. Feasibility Analysis of a Proposed Citywide Street Assessment District 1. Categorize parcels to the appropriate assessment classification, including Single Family Residential Property, Multi -family Residential Property, Retail Property, Office Property, Industrial Property, Publicly Owned Property and Other Property. 2. Analysis of property tax levies and other assessments and/or billing charges to determine the impact of the proposed maintenance assessment district. 3. Analysis feasibility of multiple assessment districts based on the phasing of street improvements for each year through FY 2016 as identified in the Street Improvement Program. This will require the: a. Determination of costs of facilities for each phase of improvements b. Determination of separate district boundaries C. The identification of categorized parcels d. Determination of the schedule for formation of each assessment district 4. Analysis of a citywide assessment district: Prepare preliminary analysis of a citywide assessment district. This will require the: a. Determination of the total costs of the street improvements identified in the entire citywide district boundary b. The identification of categorized parcels C. Determination of the schedule for formation of District 5. Prepare a preliminary spread of assessments to estimate the assessment revenues and expenses. This tasks includes: a. Prepare a summary of the estimated costs including incidental costs for formation, administration and debt service, if applicable b. Prepare a methodology for estimating the special benefit received by each benefited property C. Allocate the costs to benefited properties in proportion to the estimated special benefit that each property receives from the proposed improvements d. Calculate the typical assessment amount for each categorized parcel based on land use e. Meet with City staff to discuss assessment scenarios f. Determine supportable indebtedness and assessment rates required to fund the improvements, if necessary City of Huntington Beach Feasibility Study for Formation of a Citywide Street Assessment District Page 3 Bucknam & Associates, Inc. City of Huntington Beach Task 3. Benefit Assessment Methodology A. Prepare Benefit Assessment Rate and Methodology Articles XIII C and XIIID of the California Constitution state that all assessed parcels receive a defined special benefit to each parcel. Review the existing benefit assessment rate and methodology for the improvements to be maintained and analyze the special benefit to each parcel. Review the general benefit component. Analyze the associated costs and develop the assessment rate scenarios to be considered in the Study efforts. B. Meet with City staff to discuss assessment scenarios. Task 4. Report Preparation A. Prepare Draft Feasibility Report Prepare a Draft Feasibility Report detailing the estimated costs and proposed assessments. The report will recommend a benefit rate and methodology. The City and legal counsel will review the report. The Feasibility Report and it shall contain at least the following information: 1. Description of Proposed Improvement 2. Conceptual Level Estimate of Costs 3. Proposed Boundary Diagram 4. Proposed Methodology for Benefit Assessment Spread 5. Recommendations for Setting up Assessment Roll for each parcel by category B. Meet with City staff to discuss Study and receive feedback comments C. Finalize Study. Based upon input and comments received from the City Task 5 Report Presentation Work under this task effort would entail meetings with Public Work Department's management, and City Manager to go over the results of the Study and to prepare for presentations to the City's Advisory committee and City Council. We will work with the Public Work's Department's staff to prepare PowerPoint presentation and handout materials for the Advisory Committee and Council presentations. Assistance in making each of the presentations will also be provided. City of Huntington Beach Feasibility Study for Formation of a Citywide Street Assessment District Page 4 Bucknam & Associates, Inc. i Task 6 Extended Services 1. Preparation of display boards and/or audio-visual materials in addition to what is specified in the scope of services above. 2. Attendance at additional meetings in addition to those specified in the scope of services above. 3. Any other services requested and authorized by City. 11. PROGRAM TEAM These services will be provided under the leadership of C. Stephen Bucknam Jr., P. E. who will serve as Program Manager. Mr. Bucknam, a former Deputy City Manager, City Engineer and Chief Engineer of Utilities has over 43 years of experience; 16 of which was in the public sector In responsible management positions. Recent consulting assignments have included: Service as Assessment Engineers for the cities of San Diego, Calabasas, Woodland, Saratoga, Solana Beach, Pasadena LIVID, Jurupa RPD, Hughson FPD, Ambrose Park AD, and Salton CSD;, Program Management Support Contracts with the Cities of Arcadia, Sierra Madre, Huntington Beach, Whittier, Inglewood, Pasadena, Bellflower and Norwalk as well as the Mission Springs Water District, Pico Water District, Bighorn Desert View Water Agency and the Raymond Basin Management Board for their Water Resources Funding Programs. We have also provided a Water Rate Analysis for the City of Norwalk, a Water System Program Plan and Rate Analysis for the City of Sierra Madre, a Financial and Infrastructure Management Plan for the City of Glendale's Water Department, a Water System Program Plan for the City of Whittier, a Water Systems Operations Plan for the City of Huntington Beach, a Water Resources Program Plan for the City of Westminster, Program Planning for relating to Development Services for the cities of Huntington Beach, La Quinta and Newport Beach as well as Public Works Maintenance planning for the City of Rancho Cucamonga. Support services will be made available to the City through key Bucknam & Associates management and staff and our sub -consultant MF Whipple & Associates, who will serve as the special assessment and district consultant. III. FEE ESTIMATE The projected fee for Task Items 1 through 5 described above is $24,500. A detailed Fee Breakdown Worksheet is attached for your reference. Work will be performed on an hourly rate not to exceed basis in accordance with our Standard Hourly Rate Schedule attached. Should the City request the optional services noted above or other services not described herein, a fee adjustment could be negotiated and mutually agreed upon by both parties. Please note that we consider the level of work efforts described above and compensation for same to be fully negotiable. City of Huntington Beach Feasibility Study for Formation of a Citywide Street Assessment District Page 5 Bucknam & Associates, Inc. EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached Fee Schedule B. Travel Charges for time during travel are not reimbursable. C. Billinp- All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B City of Huntington Seach - Feasibility Study Citywide Street Assessment District Formation Fee Breakdown Worksheet Task D scri{tion e Senloi A,,EociatpR Pill ler, ra Clerical, T6WF,' Prog!crrinva 5290 $215 $132 $165 $125 $85 Labor Task 1 Program Research & Assessment Hours 2 8 24 10 6 2 52 $ 580 1,720 3,168 1,650 750 $170 8,038 Task 2 Evaluate Feasibility of AD Formation Hours 2 6 8 4 0 2 22 $ 580 1,290 1,056 660 0 170 3,756 Task 3 Benefit Assessment Methodology Hours 2 6 4 0 0 2 14 $ 580 1,290 528 0 0 170 2,568 Task 4 Report Preparation Hours 2 4 12 2 22 2 $ 580 860 1,584 330 2,750 170 6,274 Task 6 Report Presentation Hours 2 4 4 2 4 2 $ 580 860 528 330 SOD 170 2,968 Subtotal Base Fee Reproduction Travel Subtotal Reimbursables Total Estimated Base Fee Optional Services Task 6 Extended Services Subtotal Optional Services Note: A. Rate = subconsultant rate + 15% 19-Aug-11 23,604 264 632 896 Hours TBD $ TBD TBD Client#: 50903 BUCKASO L/ ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/31 /2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T14E POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cora Lim Willis Ins. Srvcs of CA, Inc. PHONE_.._._._....._._._------ —..__.._—----- --------- --- ............ ____-_-_-- _ 't,. 949 885-1200 (A/C. N): 949-885-1225Ac_Na_ _._18101 Von Karman Ave r-MAIL ADDRESS: Suite600 ooUCEk.._..--------___........----------................._._._.._......_.........--------... — -... Irvine. CA 92612 INSURED Bucknam & Associates, Inc. 30131 Town Center Drive, Suite 268 Laguna Niguel, CA 92677 INSURERS) AFFORDING COVERAGE _ NAM Y/ INSURER A: Travelers Property Casualty Co 25674 INSURER B: Continental Casualty Company 20443 INSURER C : INSURER D INSURER E : INSURER F : (-oVFRAGFS CFRTIFICATF NIIMRFR- REVISION NUMBER: TI IIS IS I'D CERTIFY THAT THE POLICIES OF INSURANCE LISI'L-D BELOW HAVE BEEN ISSUE[) TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT ED. 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 1'0 ALI.. I -HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNSR TR TYPE OF INSURANCE DDL NSR WEIR D POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MMIDDNYYY LIMITS A GENERAL LIABILITY 6804880L652 9/01/2010 09/01/2011 EACH OCCURRENCE $11 000000 � COMMERCIAL GENERAL LIAEmrry X "DAMRC�tO f7ENTED PREMISES (Ea occurrence $0 0OU 1 ,©0 _ CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 T .__..._.__....._.._._..._ GI:NERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY --- PRO LOC JF A AUTOMOBILE LIABILITY 6804880E 52 09/01/2010 0910112011 COMBINED SINGLE LIMIT $INCL --- (Ea accident) IN GL ANY AUTO _� ��, .: BODILY INJURY (Per person) 5 ALL OWNED ALTOS BODIi.Y INJURY (Por accident) $ SCHEDULED AUTOS +- Y' - ., ,.,t. _..___.._......_.__._...._._.._..._...__._ ...............__....._.___.___ PROPERTY DAMAGE --. $ X HIRED AUTOS (�("yi'. i"' ix • , LC;y (Per accident) -----`------------"----- -------------------- X NON -OWNED AUTOS L`L. `�.-t�9-L.--- f f �l ._.._..._._..-.._............._...._..-_.._......._.____..._.__-_-..--__---- $ A , UMBRF..I..LA L.IAS X OCcuR ..._-._ CUP7637Y444 9/01/2010 09101/2011 EACLI OCCURRENCE -..._._---..._'--._..---......_..___._........._..__a.__....t«--------- $4 00a o00 - -- _._._. EXCESS I_IAB _ C[J+IMS-MADE _—_--_--._--__--- __.... ____..._......._�_.._._ _ AGGREGATE $4,000t.—._.oao I DEDUCTIBLE $ X RETENTION $ G 1 $ A WORKERS COMPENSATION U67110Y58A 9101/2010 09/01/2011 X WC STAI'll- O'iH- AND EMPLOYERS' LIABILITY r N _.._-. .T9AY.11M[!S —' -- _'___.._.__.......... .........,__.�_......_ ANY PROPRIETORfPARTNERJEXECUTIVEY E.L. EACH ACCIDENT $1,991O ()00 OFFICERIMEMBER EXCLUDED? N (Mindalory in N11) NIA ----`--._._._.....__.-_..--....._....__. E.L. DISIEASE • EA (EMPLOYEE _.--___.-_----.---._--__._'- $1,000,000 ..___._....._.__._..__...__-_._..._..... If yes, describe under DESCRIPTION OF OPERATIONS below ...._._.__.____.....`—..._..._......-_.-._.._._ E.L. DISEASE -POLICY LIMI'r $1,000,000 B Professional Liab AEA113988680 1/2/2011 1/212012 $1,000,000 Per Claim Ded: $5,000 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 1(more space is required) 2011-2012 PROFESSIONAL LIABILITY POLICY RENEWAL CERTIFICATE PREVIOUSLY ISSUED ENDORSEMENTS FOR GENERAL LIABILITY AND WORKERS COMPENSATION STILL APPLY. (Set; Attached Descriptions) CERTIFICATE HOLDER CANCELLATION 7U Uays for Non-vayment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS, ATTN: RISK MANAGEMENT 2000 MAIN STREET AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 1-1 _ .!�p . O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S474172/M474102 CCL Esparza, Patty From: Sent: To: Cc: Subject: Attachments: Good Morning Todd, Wessels, Justin Monday, September 19, 2011 7:53 AM Broussard, Todd Slobojan, Jim; Esparza, Patty RE: Contract - Bucknam & Associates 2095_001. pdf After reviewing their contract it looks like we only require professional liability insurance to be on file. The approved certificate that I sent before (see attached) should be fine until January 2012 (since we don't require their general liability or workers comp in the contract). Regards, Justin Wessels Risk Management Department City of Huntington Beach Phone (714) 374-5378 Fax (714) 536-5212 From: Broussard, Todd Sent: Monday, September 19, 2011 7:16 AM To: Wessels, Justin Cc: Slobojan, Jim; Esparza, Patty Subject: FW: Contract - Bucknam & Associates Importance: High Justin, Please find attached Bucknam & Associates updated certificate of insurance. Patty Esparza noticed that the one attached to their most recent contract had expired on 9/1/11. Does this one need to be "approved" by Risk Management before it is attached to the contract? Thanks Todd M. Todd Broussard, PE, MPA Principal Civil Engineer City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5247 (714) 374-1573 (fax) tbroussardQsurfcity-hb.orq From: Steve Bucknam [mailto:steve@bucknam.net] Sent: Friday, September 16, 2011 4:36 PM To: Broussard, Todd Cc: PETER BUCKNAM Subject: RE: Contract - Bucknam & Associates Importance: High Todd: Attached is our current Certificate of Insurance document for Huntington Beach. Steve Bucknam & Associates, Inc. 30131 Town Center Drive, Suite 268 Laguna Niguel, CA 92677 (949) 363-6461 (949) 363-6505 Fax Email: steve(o)bucknam.net From: Broussard, Todd [mailto:tbroussard@surfcity-hb.org] Sent: Friday, September 16, 2011 2:51 PM To: Steve Bucknam; PETER BUCKNAM Subject: FW: Contract - Bucknam & Associates Steve/Peter, It appears that the your insurance certificate expired on 9/1/11. Please email a .pdf version of the update to me. Thanks Todd M. Todd Broussard, PE, MPA Principal Civil Engineer City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714)536-5247 (714) 374-1573 (fax) tbroussard(ccDsurfcity-hb.org From: Esparza, Patty Sent: Friday, September 16, 2011 2:15 PM To: Broussard, Todd Subject: Contract - Bucknam & Associates Hi Todd — I have a question on the above contract that you left on my desk. Currently, there is no date of commencement for the contract filled in — if provide it, I will fill it in for you. Also, keep in mind, the insurance certificate that was attached expired 9/1/2011. c OIL. CITY O O BEACH Professional Service Approval Form PART I Date: 9/1/2011 Project Manager Name: Todd Broussard Requested by Name if different from Project Manager: Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART 1 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Street Assessment District Feasibility Study 2) Estimated cost of the services being sought: $ 24,500 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ❑ Yes ® No 5) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 21385201.82500 $ $ 6) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. „ ® MC 3.03.08 — Contract _�imitspf $30,000 or less exempt procedure will be utilized. He5d Signature DiFVcJ9r of Finance's Signature Dep`Gty City Manager's Signature APPROVED ,#Eg D ❑ anager's Signature q-/-�/ - D e D to ate Date CITY OF HUNTINGTON BEAC Professional 'rp .IForf PA RT 11 Date: 9/1/2011 Project Manager: Todd Broussard Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Bucknam & Associates, Inc. 2) Contract Number: PWK 01102100 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ $24,500 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. L� -- '�- Tr- &0 it Direct of inance (or designee) Signature Date