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HomeMy WebLinkAboutDADDEL COHOON & ASSOC - 2001-03-19�. CITY OF HUNTINGTON BEACH c 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: April 25, 2001 TO: Darrel Cohoon & Associates Name 726 13th Street Street Huntington Beach, CA 92648 City, State, Zip ATTENTION: Darrel Cohoon DEPARTMENT: REGARDING: Professional Services Contract See Attached Action Agenda Item E-21 Date of Approval 3-19-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: G�xl a4re�y- Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds CC: R. Beardsley Name L. Daily Name Name Name C. Mendoza RCA Deed DPW x x Department RCA Agreement DPW x x Department RCA Agreement Agreement Department RCA Agreement Department RCA x x Risk Management Dept. Insurance x Other x Insurance Other x Insurance Other Insurance Other Insurance Other x Insurance (Telephone: 714-536-5227 ) Council/Agency Meeting Held: Deferred/Continued to: )'Approved ❑ Conditionally Approved ❑ Denied _ gyp- City C erk's Signature Council Meeting Date: March 19, 2001 Department ID Number: PW 01-035 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE SUBMITTED BY: RAY SILVER, City Administrator jpO PREPARED BY: ROBERT F. BEARDSLEY, Director of P b c orks� SUBJECT: Approve Contract with Darrel Cohoon and Associates for Development of Methodology for Implementation of a Sewer Service Charge. Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City enter into a professional services agreement with Darrel Cohoon and Associates to develop the methodology and rate structure for a sewer service charge? Funding Source: Funds in the amount of $32,450 are available in Public Works NPDES/IIMP Contract Services 10085102.69365. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Darrel Cohoon and Associates for Development of Methodology for Implementation of a Sewer Service Charge; 2. Waive the Workers Compensation Insurance requirements; 3. Approve additional wording of negligent performance to the Hold Harmless contract clause; and 4. Authorize the Director of Public Works to expend up to $32,450 for $29,500 contract costs plus 10% contingency for development of a methodology for implementation of a sewer service charge. Alternative Action(s): 1. Do not approve contract and direct staff to request proposals from other qualified firms. This action will delay the approved sewer charge implementation schedule. 2. Do not approve contract and direct staff on how to proceed. 4� •QUEST FOR COUNCIL ACAN MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PW 01-035 Analysis: On February 20, 2001, the City Council directed staff to proceed with developing a sewer service charge. Tasks include structuring of a proposed rate, programming by City's Information Technology Staff, and drafting of a proposed ordinance by the City Attorney. In order to maintain the implementation schedule, these tasks must be completed by early May. In accordance with the established schedule, staff was directed to return to the City Council with a professional services contract_ with Darrel Cohoon and Associates for services relating to establishing the rate structure and preparing the reports needed to demonstrate that the charge is reasonably related to the cost of the service. In a preliminary report, Darrel Cohoon & Associates evaluated a monthly sewer service charge as a method of funding improvements and maintenance for the sewer system. Alternative rate structure methodologies and billing methods were included as part of the effort. The preliminary report did not address specific information relating to cost of services as advised by the City Attorney. The scope of work included in this agreement includes calculating charges for each of the identified customer categories. The final report will include the recommended charges and document the methodology used in calculating them. In addition, Mr. Cohoon will develop recommendations for updating charges in the future as advised by the City Attorney. As a Sole proprietor, Mr. Cohoon is unable to secure Workers Compensation Insurance; therefore, it is requested that the insurance requirement be waived. Mr. Cohoon requests modification of the Hold Harmless contract clause by the addition of the word "negligent" in front of "performance." Insurance companies will not write professional liability insurance for the broad coverage included in the contract. Darrel Cohoon & Associates was selected through a competitive process for preparation of a preliminary report evaluating a monthly sewer service. This work will be an extension of the work performed under the previous work authorization. Environmental Status: Not applicable Attachments : 1 Professional Services Agreement between the City of Huntington Beach and Darrel Cohoon and Associates RCA Author: L. Daily ext 5599 01-35 March 19 Daily (Darrel Cohoon-Sewer Fee).doc -2- 03/14/01 9:40 AM ATTACHMENT #1 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 a PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DARREL COHOON & ASSOCIATES FOR DEVELOPMENT OF METHODOLOGY FOR IMPLEMENTATION OF SEWER SERVICE CHARGE Table of Contents Scopeof Services.....................................................................................................I DesignatedContacts.................................................................................................I Time of Performance...............................................................................................2 Compensation..........................................................................................................2 Priorities...................................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................2 Disposition of Plans, Estimates and Other Documents...........................................4 HoldHarmless.........................................................................................................4 Workers' Compensation Insurance...........................................................................5 General Liability Insurance......................................................................................5 Professional Liability Insurance..............................................................................6 Certificates of Insurance..........................................................................................7 Independent CONSULTANT..................................................................................8 Termination of Agreement.......................................................................................8 Assignment and Subcontracting................................................................................8 Copyrights/Patents....................................................................................................9 CityEmployees and Officials..................................................................................9 Notices.....................................................................................................................9 Modification.............................................................................................................9 SectionHeadings.....................................................................................................10 Interpretation of Agreement.....................................................................................10 DuplicateOriginal....................................................................................................I I Immigration..............................................................................................................11 Legal Services Subcontracting.................................................................................I I Attorney's Fees......................................................................................................... I I Entirety......................................................................................................................12 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DARREL COHOON & ASSOCIATES FOR DEVELOPMENT OF METHODOLOGY FOR IMPLEMENTATION OF SEWER SERVICE CHARGE THIS Agreement is made and entered into this 19th day of March 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DARREL COHOON & ASSOCIATES, a sole proprietorship, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to assist in development of methodology and rate structure for implementation of a monthly sewer service charge; 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 CONSULTANT shall provide all services as described in the CONSULTANT's Proposal dated February 1, 2001 (which embodies the Scope of Work is hereinafter referred to as Exhibit "A") and is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." 2. DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. CONSULTANT hereby designates Darrel Cohoon, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 01 agree/cohoon/2/23/01 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 and all tasks specified in Exhibit "A" shall be completed no later than three months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in 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 Twenty Nine Thousand Five Hundred Dollars ($29,500.00). PRIORITIES In the event there are any conflicts or inconsistencies between this Agreement, the CITY's RFP, or the CONSULTANT's Proposal, the following order'of precedence shall govern: (1) Agreement, (2) the CONSULTANT's Proposal, and (3) the CITY's RFP. 6 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A", CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 7. 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 Exhibit "A." 0 1 agree/cohoon/2/23/01 2 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 5) 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. 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 Exhibit "A" 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. 01 agree/cohoon/2/23/01 3 • • 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. 8. 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. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify, 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 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 01 agree/cohoon/2/23/01 0 4 misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 10. WORKERS' COMPENSATION INSURANCE Requirement waived by City Council action 3/19/01 11. 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. 12. 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 01 agree/cohoon/2/23/01 5 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 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. C. 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. D. The reporting of circumstances or incidents that might give rise to future claims. 13. 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 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. 01 agree/cohoon/2/23/01 6 • .7 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. 14. INDEPENDENT CONSULTANT CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent CONSULTANT 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. 15. 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 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. 01 agree/cohoon/2/23/01 7 16. 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. 17. 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. 18. 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. 19. 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: TO CITY: TO CONSULTANT: Director of Public Works Darrel Cohoon City of Huntington Beach Darrel Cohoon & Associates 2000 Main Street 726 131h Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 0 1 agree/cohoon/2/23/01 8 20. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. 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 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. 22. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 01 agree/cohoon/2/23/01 9 23. 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. 24. 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. 25. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subconsultants 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. 26. 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. 01 agree/cohoon/2/23/01 10 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. 26. 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. 27. 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 and Exhibit "A" attached hereto, set 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. DARREL COHOON & ASSOCIATES, a sole CITY OF HUNTINGTON BEACH, a propriet ip mu icipal corporation of the State of California By Darrel Cohoon, proprietor ffayor ATTEST: REVIEWED AND APPROVED: City Clerk 0q- 29-- / . _ APPROVED AS TO FORM: Cit dministrator ' �Q ity Attorney D AND APP ED Director of Public Works 0 1 agree/cohoon/2/23/01 I I 72613th Street Huntington Beach, CA 92648 Phone: 714.536.1882 February 1, 2001 Mr. Robert F. Beardsley Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Beardsley: Darrel Cohoon & Associates (DCA) is pleased to submit this proposal to provide further assistance to the City of Huntington Beach in initiating a sewer service charge. BACKGROUND The City is considering this charge to pay for costs associated with: • Repairing and replacing sewer lines • Rehabilitating and replacing lift stations • Funding a replacement reserve fund for sewer -related capital facilities • Funding sewer -system maintenance costs under one of two options: (1) funding the portion of costs that exceed historical maintenance funding levels or (2) funding the full cost of sewer maintenance. DCA previously developed several alternative sewer service charge approaches and presented them in our report issued in October 2000. On February 20, 2001 the City Council will consider a Request for Council Action recommending further development of a sewer service charge for possible adoption and implementation later this year. This proposal sets forth DCA's scope of work for developing the methodology and the amounts of initial charges. OVERVIEW OF PLANNED SEWER CHARGE APPROACH The sewer service charge would be based on a flat -charge approach. The methodology and basis for charges are outlined below: Mr. Robert Beardslel • February 1, 2001 Page 2 of 8 • There would be six categories of customers: ✓ Residential. These customers would each be charged the same flat monthly amount. The designation "Residential" would be used the same way that it is in the City's water -billing system. That is, any housing unit with a dedicated water meter is categorized as Residential. ✓ Apartment. These customers would also each be charged a flat monthly amount per unit, but that amount would be lower than the Residential charge because of lower average sewage discharge. The Apartment designation applies to any housing unit that shares a common meter. This includes some individually owned townhouses, condominiums, and mobile homes. ✓ Commercial and Industrial (two separate categories). These customers would be charged a flat amount per month based either on the number of equivalent dwelling units (EDUs) corresponding to the capacity of the customer's water meter(s) or on the number of units served by each meter, whichever is greater. The City's Water Department has already identified for each Commercial and Industrial customer whether EDUs by meter size or number of units is higher. The Department uses this information for calculating the water capital surcharge. (This methodology is discussed further under Task 5 in our work plan below.) ✓ High -Consumption Users. Commercial and Industrial customers that use unusually high amounts of water would be reviewed individually to determine an appropriate monthly charge based on estimated discharge to the sewer system. ✓ Schools. Public and private schools would be charged a flat amount per student per year. This would be calculated on the basis of the average number of students attending each school, average discharge per student per day, and the number of school days per year. The per -student charge -calculation basis would be different for each of the following types of schools: (1) grammar and middle schools, (2) high schools, and (3) community college. The City would likely issue a single annual bill to each school district or, in the case of private schools and Goldenwest College, to each school. • The sewer service charges for Schools and High -Consumption Commercial and Industrial categories would be calculated and billed by Public Works and/or City Treasurer personnel and not via the City water billing system. Irrigation -only and municipal accounts would not be subject to the sewer service charge. An appropriate index such as the ENR construction index would be used annually to adjust charges. Mr. Robert Beardsle'p is February 1, 2001 Page 3 of 8 • Any property not connected to the sewer system would be exempt from the sewer service charge. PURPOSE AND SCOPE OF WORK The purpose and scope of work for the project are to: • Identify the data points and calculation methodologies needed to calculate the charges for each of the six customer categories. • Calculate the dollar amount of initial monthly and annual charges for each of the categories. This includes calculating charges for each school and for each High -Consumption Commercial and Industrial customer. We estimate there are approximately 20 such high -consumption customers. • Develop the methodology for updating charges in the future. • Document in a written report the amount of the initial charges, data points and methodology used in calculating them, and methodology for updating them. • Meet legal requirements associated with a sewer service charge as determined by the City Attorney's Office. • Present the findings described above to the City Council. APPROACH AND WORK PLAN Task 1. Allocate costs to customer categories. The starting point for calculating the sewer service charge will be sewer -related revenue requirements. The amount of revenue required has been determined by the Public Works Department in the IIMP. Starting with the amount of revenue required for the first year the charge will be in place, we will allocate the needed revenue to the six customer categories listed above. In doing this, we will use the same basic methodology we did in our previous project. That methodology divides each category's estimated sewer discharge by total estimated discharge. It then multiplies the total revenue required by the percentage of total discharge allocated each to category, yielding revenue allocable to each category. The methodology is documented beginning on page 15 of our October report and reflected in the spreadsheet model delivered to the City along with the report. Schools are categorized as Commercial within the water billing system. Since they will form their own category for sewer service charge purposes, their consumption must be estimated and subtracted from historical Commercial water -use figures before allocations are made. (This is covered further in Task 3 below.) High -Consumption Commercial and Industrial volume will also be estimated and subtracted from the City's historical Commercial- and Industrial - use base. (See Task 4 below.) The remaining amount of consumption Mr. Robert Beardsle'p • February 1, 2001 Page 4 of 8 attributable to the Commercial and Industrial users will then be allocated to other Commercial and Industrial users by meter -size EDUs and number of units. In the summer of 2000 when we prepared the spreadsheet model used for allocating costs to user categories, the water -use data for April through June 2000 was not yet available. We estimated the data for those months. In this task we will update the model to reflect actual water use for the entire fiscal year 2000. This task also includes other minor modifications of the spreadsheet as may be necessary to update the water -use database contained in sheets 2 and 3 of the model. Task 2. Calculate initial charges for Residential and Apartment. Monthly charges for Residential and Apartment customers will be calculated by dividing the category's allocated share of total revenue required by the number of units in each category and then dividing by 12 (months). Task 3. Calculate initial charges for Schools. Charges to schools will be based on their estimated sewer discharge. Sewer discharge for each school will be determined by multiplying average daily attendance by estimated discharge per student and then multiplying by the number of school days per year. We will estimate the discharge per student for each of three school levels (grammar and middle, high school, and community college) by evaluating factors used in three to five other sewering agencies within Southern California and by reference to published national figures. We will then meet with representatives of Huntington Beach School District, Ocean View School District, Huntington Beach High School District, and Goldenwest College/Coast Community College District to determine average daily attendance (full-time equivalent students in the case of Goldenwest), number of school days per year, and other factors that might affect schools' sewer discharge. We expect that private schools' charges will be calculated using the same per - student discharge factors and number of school days as equivalent -level public schools, but we will contact a sampling of private schools to determine if there are any significant differences and make needed modifications. We will then calculate charges applicable to grammar and middle schools, high schools, and the community college, and document our assumptions and methodology. Mr. Robert BeardslJP • February 1, 2001 Page 5 of 8 Task 4. Calculate initial charges for High -Consumption Commercial and Industrial Customers. Water Department representatives indicate that some Commercial and Industrial users' water consumption is disproportionate to the size of their water meters. For example, the Department representatives note, some companies have small water meters, but run them at capacity for many hours per day. Such companies' discharge to the sewer system is much greater than that of a small retail establishment with the same -size water meter. On the other hand, there may be some Commercial and Industrial customers that have large meters but relatively low sewer discharge due to use of water in a product, cooling tower, or for irrigation. We will develop a set of criteria for determining whether a Commercial or Industrial customer should be placed in the High -Consumption category. These criteria will involve both total water consumption and the customer's estimated return to sewer as a percentage of water consumption. Based on input from Water Department representatives, we expect that there will be 20 to 30 customers who fall into this category. For customers in this category, we will also develop a set of criteria for determining appropriate charges. These criteria will be useful in establishing charges for new businesses that are opened over the years as well as in calculating charges for existing companies. Using these criteria, we will identify businesses that likely belong in the High - Consumption category. We will attempt to estimate their average sewer discharges and determine proportionate sewer service charges. Since we have not yet developed the criteria for determining which customers will be in the High - Consumption category, we do not know which customers will be involved. Without knowing these customers and their water -use and sewer -discharge patterns, we are not in a position to promise that we can calculate the charges for all customers in this category. Cases involving irrigation, cooling towers, and product water can become very time-consuming. We have budgeted 60 hours for this task, and we will attempt to calculate the charges for all High - Consumption customers within that budget. If we are not able to do so, however, City employees, using the criteria we have developed, should be able to complete the task. Task 5. Calculate initial charges for All Other Commercial and Industrial Customers. All other Commercial and Industrial customers (those not categorized as High Consumption) will be charged on the basis of number of EDUs corresponding to the size of the customer's water meter(s) or the number of units (tenant spaces), whichever is greater. One EDU is the equivalent of one 3/4-inch water meter. A Mr. Robert Beardsley • February 1, 2001 Page 6 of 8 single Commercial customer with one 3/4-inch meter and a single unit (e.g. storefront business) would be charged on the basis of one EDU. If a Commercial customer has a larger meter or more than one unit, the number of EDUs would be determined by the meter size or number of units, whichever corresponded to higher water capacity. For example, a 2-inch meter has the same capacity as five 3/4-inch meters. If a customer has a 2-inch meter and three units, the customer pays on the basis of five 3/4-inch meters. If that customer had six units, the charge would be based on six 3/4-inch meters. This methodology is currently used for determining the water capital surcharge billed to customers. For the Commercial category we will divide the sewer charge revenue allocable to Commercial by the number of EDUs/units in the Commercial category to determine a per-EDU/unit charge. Each customer's sewer service will then be calculated by multiplying the customer's number of EDUs/units by the charge per EDU/unit. The same methodology will be applied to the Industrial category. Task 6. Confer with City Attorney regarding Legal Issues. The City Attorney issued an opinion on November 8, 2000 regarding requirements associated with adopting a sewer service charge. Two matters addressed in that opinion relate to how the charge is calculated. One has to do with providing sufficient information regarding the amounts of sewer -related capital expenses and maintenance costs to determine an appropriate charge. The other relates to the need to demonstrate that the capital portion of the sewer service charge applicable to a school district does not exceed the cost of constructing the facilities necessary to serve that district. Regarding the sufficiency of capital and maintenance costs, the City Public Works Department will supply sewer -related cost information. We will work with the Department and the City Attorney's Office to ensure that the information provided is sufficient. We will include the costs and a description of how the charges relate to them in our report. Regarding the allocation of costs to school districts, we will analyze the figures supplied by the Public Works Department and show clearly in our report how the allocation of capital costs to schools is proportionate to their sewer -related needs. Accomplishing this assumes that average cost on a per -pupil basis, a common approach to allocating capital costs, is deemed a satisfactory basis for the charges charges. In addressing both of these matters, we will meet with the City Attorney or her staff and develop approaches that they agree meet legal requirements. Mr. Robert Beardsleo • February 1, 2001 Page 7of8 Task 7. Prepare and present report. We will prepare a draft report and review it with City representatives. We will then make needed changes and submit out final report. Our report will include: • The amount of capital and maintenance costs required for the sewer system. • A description of the methodologies used to calculate sewer charges for each category of customer. • The amount of the charges per Residential unit, Apartment unit, each High - Consumption User, each EDU/unit as described in Task 5 above, and each school for the first year. • The steps that should be taken to update the charges annually. • A statement affirming that the charge methodology is in keeping with the legal requirements identified by the City Attorney as we understand them. (Should the City Attorney deem that the charge structure, as outlined in this proposal does not meet legal requirements, we will attempt to modify the approach so that it is acceptable.) • A diskette containing the spreadsheet model used to calculate the charges. We will be prepared to present our findings at two meetings of the City Council or one meeting of the Council and another of a board or commission. STAFFING AND REFERENCES The same consultants who conducted the previous sewer charge study will work on this project. Darrel Cohoon will be the project manager and will conduct a majority of DCA's work on the project. Mr. Cohoon is a management consultant with extensive experience in wastewater issues including cost allocation, billing approaches and return -to -sewer issues. His office is close to the Civic Center, and he will make himself readily available to meet with City representatives. Dale Burgoyne, PE, will assist Mr. Cohoon on the project. Mr. Burgoyne has worked full-time on wastewater -finance issues for the past 15 years. He has extensive experience in capital planning, project finance, cost allocation, rate calculation, return -to -sewer issues and other matters relating to this project. PROJECT SCHEDULE We estimate the work described in this proposal will require six weeks to complete, and we expect to submit our final report in six weeks from receiving a notice to proceed. Mr. Robert Beardsley • February 1, 2001 Page 8 of 8 PROJECT COST We will conduct the work on a time -and -materials basis for a not -to -exceed amount of $29,500. We will bill actual hours worked at the rates shown below plus out-of-pocket expenses for mileage, report reproduction and the like. We bill after the end of each month and request payment within 30 days of submitting invoices. Our hourly billing rates are: Darrel Cohoon, Principal $120 Dale Burgoyne, Associate $100 We appreciate the opportunity to submit this proposal and look forward to working with you. If I may answer any questions or be of further assistance, please contact me at (714) 536-1882. Very truly yours, Darrel Cohoon, CMC Principal C�' -gr ge t Z W. MOR Eft'.50 W �A'x R M .3 54, e ( I el yy 04/10/nl Producer (714) 544-8660 IS Issasa AS A MhTnu OF INFOWQMCK ew AM CMEERS NO FaGwS WON MIR Cr2MTxC=E WLDER_ Industrial Risk & =18 ____ DOES our mm, OR ALTER MM COYMUM AFFOWW BY THE POLICIES WMAN. Insurance Services, Inc. P.O. Box 3986 COMMIES XffUE5M COVER= - company St. Paul Reinsurance Company LTD A (CZQ Amprinan 7 Tustin, CA 92781-3.936 License *0747W company B Insured MDA03-CMN VAq -fl. company C w Darrel L. Cohoon company D Darrel Cohoon & Associates 726 13th Street 3�ppj;i-ngr�p-n 'RPqe-'h Ca 925AR -------------- .................. ..... rl•S Cm•t`x, Mi.. ... .. F•N . . . 'k, R •P K THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE MEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOMTFSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY 00 T)" OF POL CY NOW= E3233MTIOK LIMITS GENERAL LIABII.ITY General- &%ar atd -S Products- com ops aS!1 ; Commercial General Liab ';;!*,7Claims Made 701=r Personal & Adv Injury S Each Occurrcncc S rx cont Protective Pire paTqaqe(anv i fire) s _Ownevs Men 3=(aAv_ one person) $ AUTOMOBILE L=XXXN — Any Auto Co*incd Single Limit S Bodily Injury (per person) —All O-ncd Auto!; scheduled Autos Bodily Injury (?or accident) Hired Autos Non -Owned Aut0j7 Property Dwiagc S GMUM LI2bZxL= Auto Only - Ea Accident S Or-hf--r Than Auto Only =pN*;= Any Auto Each Accident S P A=reqate S ExT,;, LXMrLITY Each Occurrence Aggregare 3 r r ella Form l S Other Than Umbrella Form wommRS, 0NQ9RS&T=K AM EKn4YM I LIU11= The Proprietor/ ive Ofare: RExcl APPROVED AS TO GAIL 11UTTON, BY; Dep ty Q-,.ty FORM: City Attzrey Attornel 18tatutory LL_m_7Ft_h_ei TM I S' e '? N . M EL Each Accident EL Disease -Policy Limit EL Discase-Ea Employee Is A cum rofessional PBL000079 03/12/01 03/12/02 1,000,000 Each Claim iability-Claims 1,000,000 Aggregate DESCRTPTION OF OPEOMOSS11,4=068/vEma /STBCLAL rhe certificate holder is amended to read: City of Huntington Beach, Its Agents, Officers, and Employees *10 day notice of cancellation for non payment of premium applies* W M x 002 SHOULD MY OF TOE AMM DZ=IZM POLICIES BE CANCKLIM BEFORE ME mmoaxw =E TMMW. TM Imm COMPANY wxm � MIL U VAn WAX%TW ==cr. TO mm G=rx=E EcLam Xmw TO TaE City Of Huntington Beach Attn: Linda Daily Ian, 2000 Main Street Huntington Beach, Ca. 92648 Authorized Representative F 4 Max' M 7:�14. : " •...4 !.2 '. - 2.: E/3 30VC3 zbLsbbsbzL:ai HS IN iviaisnaNi:wana si:,ot to-oi-?Aciv CONTINUE FROM PREUIOUS PAGE 001 0 0 L pb. ,DA 6zo, ID Aaaress oT Namea Insured - POLICY NUMBER V56 4253-C23-75 75-T7-6061-1 G OF�crnYDATE OCT 20, 2001 OCT 20, 2001 DESCRIPTION OF Umbrella Policy VEHICLE LEXUS RX 300 � YES ❑ NO ❑ YES ❑ NO UABIUTY COVERAGE ®, YES ❑] NO 0 YES ❑ NO IIWTS OF UA9IUTY A. �� 100.000 ],MM E60 ACcide�tt 300,000 1 M M D� b. �AMidern 100,000 C. " r EAM AOCk M PHYSICAL DAMAGE YES [❑ NO ❑ YE3 ❑ NO t YES ❑ NO ❑ YES ❑ NO COVERAGES a. CoMprehOnsive$ niilte S Deductible $ Deductible S ❑ YES Deductible ❑ NO ® YES ❑ NO ❑ YES ❑ NO [- YES ❑ NO b. Collision $ 2 5 0 . O&ductlw E Deductible $ Deductible $ Deductible EMPLOYER'S NON -OWNERSHIP ❑ YES CM NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ No COVERAGE HIRED CAR COVERAGE ❑ YES Et NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YE3 ❑ NO Agent 8001 March 13. 2001 gkj&tuyof ortzed Representative Title Agent's Code Number Date Name a Address of Certificate Holler Name and Address of Agent r City of Huntington Beach r 2000 Main Street Huntington Beach, CA 92648 L J L— CERTIFICATE HOLDER COPY Check if a pemlanent Certificate of Insurance for liability coverage is needed: Check if the Ce3rWicate Holder should be added as an Additional Insured: . I X 7 Remarks: 1584430.2 Rev.9.94 Printed In U.S.A. J n �v :%o':<:.. f'4...< >.hl,..S'}. `:kR.:! :E. f.. ,':t�..3CE•..:k"S.. 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Date Rm i ) YY Producer (714) 5 4 4 - 8 6 6 0 =S CM=FICA= Is ISSUED AS A MATTER OF =?1OwP► 1Off OWXW Cams NO RIMS UPW TBB C0a`VXCATS BiOLUM. M�= �ndustrialR�,sk T5 DOSS Mr mm, =s o oR Amm T� COW" AFFOMED BY TBB P011MIS BEIM. Insurance Services, Inc. P.O. Box 3986 Company Highlands Insurance Group A Tusddz. CA 92781-3986 Ucense #0747W company B Insured w Company C C CLLs'p A0 �'��1 WWlrll Darrel L . Cohoon 1 �"� NO- PA 100' P Company D Darrel Cohoon & Associates 726 13th Street : •n>x• x•%a:4x• .4• v f::<affE :kJL.t;t.'!::Y.R• tix:'•:.: "`F,., '^:C:•'% w:K'•'<, ' " 3.. N .<.>::rP} 4 :4:]v... %M:4::�:Ei: F• .5: .. '> x%:>»:!: ;!i '.�• K'r i1 7�'..�.}'}. "C:y eC:.:}:x..: :w. iY ` •, ;::s d'.'; } W;aS: .. '`Sa E..:. , . � R� � � f.....'�y. ��a•'s 4 t %".:«.x.;:e:�. �' £� �::�.�,� :;.% �..:: :.<.::3:.,.. : `•:•.x:'•t: .v}:.�•. .d>�..!JA:} }w>:ac4s%.:a<.:<.>:o s:e%te y:9:. :.,:7}.. . rr 'rC.•. 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NOTWITHSTANDING ANY REQUIReMWiT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TF.IS CERTI?ICATE MAY BE ISSUED OR MAY PERTAIN. rAZ INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH FOLICI3S. LIMITS SHOWN MAY HAVE BEE REDUCED BY PAID CLAIMS. POISCY POLICY co1 TYPE OF POUCY NOPOBBat EXP�� Lma= AFComercial LI]dBIL11'Y General 740b imr Made Occur AP4005656-01 05/27/00 05/27/01 General Aqcrrcqatc S Products-c«no s s moo Personal & Adv In u Each Occurrence $ ts & Cont Protective Fire Rama nz 1 fire) S Med Eiro anv one rson AATOPMILS LMILrTr Any Auto Combined Single Limit Bodily injury (per person) S All Owned Autos Scheduled Autos Bodily Injury (per accident)ri S Hired Autos Non-Owr4d Autos Property Damage s GPIAM LIABa.ITY Ea Accident Auto O5�= 5 Ar�v Auto Other AutoDrilyach Accident S Aq r ate B EMMS LIABILITY Ea,dh. Orencella re S FozmA S( Other Than Umbrella Form WORKS' CZON Alm IStatutory Limi Othe ti(JP �Af ' R4 SR f SkCM:k9i,L,: EL Each Accident gMPLOXERS' LTABTr.TT'P The Proprietor/ Incl Partners B'recutivc Officers or,,: Exc1 SL DiVeard-Poll Limit S BL Disease -BA Emelovcc 15 OTHER DESCRIPTICO OF OPZtATI/:ffiC EWSPECLAL ITEMS The City of Huntington Beach, Its Agents, Officers, and Employees are hereby awed as additional insureds as respects the operations of the named insured 10 day notice of cancellation for non-payment of premium applies* •a•. ... "S 54'J; .h,:Y • r `7:C;: !:• n... %<: ..a>.:.a:ai.5;,:'-04•.r,:r.:'ru!,<. >r..•«!>:G�o < ,.,Jw ,•:•>�e:ea;`s:6}::.•a:!e.:•>4}:}4>»}.>w}W}�}ar}AA:>e::.}!>Y»t:.•4::s!>•::}}N.}::w.!>x'i.:,o-!>s}.e::•:4s4.}.>•:>•iM}}»>s>{r:9!.:.:}}4:•>:::.:-0•eye!e•:4i};x.: :•.:tx4: 'Ai:{'ni:e:i::.arn:Fk: oa:a,be ::e:.><} :}i>::ia'.`Lp.:.4.':h•4exhr:.e.e::.w;4vx<,:;'F4'•% : 4'{:<i'a. rM•4af:4:<4: a.v.4n.4. •nYrv.4.;'•v.w:,•.r•A,.•vNtov %!�Xr}•'Yh:4AxM.%}t>K:!Me:,*}i•L}x..•r:.a%• .• rt 'LYn:4TWo.s..�.'RSvn.^ +. fir: ` MR. vy,•�^ +t t. M. :.r.•f:i:` :::C•:S:S.•1:�:SLn.. S.. n.v::.ZVS:2i:h:iL}. }. 00 SWUM ANY OF TES ABODE DESCRIBED P=C SS W ChNCELLED BBPORS MIS SSAIJV=OK DATE TM=F, TIE LSS03M 0MGWY WILL 13 MEAVO t TO MIL _(LDAYS 1== NOTICE TO TBS C$RTIPIC1= MUM AVM TO THE LEFT, BOT P'AILM TO MIL SOM l70TICE SMML DMOSE NO C®LIGATIOdi City Of Huntington Beach OR LIABILITY OF ANY =0 10" TBE CMeWY, rdS AGSM OR REPRE- Attn: Linda Daily SIDZT7mo 2000 Main Street Authorized Representative Huntington Beach, Ca. 92648 •/.. "•;k,<' <.::4;K<:. :i'`•�;�r.}•":.r,•im:e.xo%�xax.x«.>•.•.«`.,!..; ..`. :'w: !�.!::'h' ..h'>: .h ••4.: .:.:i>':$ .7!�%�fi�� � ie:%`• e:ex'" .S::r.�.., ..� ..�, t•,• } `' • •� :<ih:' EY�T ..}.-0}Y.: n .}. \ ! :i{...`?.. %% • : :�5��:{:H.� <� :: „4 }•.w.v.%::�r?IV��:AMx.%+AYry :. . x.>:-0r:x.%: •S' nL ',•• ,`'� .•.. .'•A-�.yiaea•re.:t riY:4. l:;f� gg 'M:i:.>> ..J, "fi'7i5'::CM:.. ri.:trT:!•,•Aa:;axr.:.:..r:�.•%a %�isx4.'4 �•. s:'s :..53a:.us ..S .. i#�k:�,: r.s�%"� ; :•.�hs}Y.4tFi�4-0x:«..:.} %•%4:a};;NF:: ::,.::,:.},..:.....: :n....4.....,.�a•.:.:: •.:::..::..�.:...:).: L..... .. .•'{.... �"�.... ... �.. ..... ' .�Y .i'I., ntrw%sM•..s . v.A.!v:n .:..}..•::4,.::....,.:.: .y:....,.t.•:,;.•,: !:<.}:: C/C 3!)VCI Zb46bb5bIL:4I NSIal "I`dIZIZSfIQNI:4IOZl3 9I :01 I0-01-2ldV CORDA01-(M Darrel L.Woon 04/09/01 Darrel Cohoon & As 0 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION (ITI (1�1� VA�4' f�5 This endorsement modifies insurance provided under the following: ,,JQ 6D6 10 BUSINESSOWNERS POLICY 1VV p w I:�r1 Name of Per&= or organization: City Of Huntington Beach I.ts Agents, Officers, And Employees 2000 Main Street Huntington Beach, Ca. 92648 Re: City Contract (If no entry appears above, information reVircd to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 15 AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or prenises owned by or rented to you. E/E 39t/d ZbLSbbSbTL:CI HSI21 'IbfI21ZsnaNI:wo213 Eb:bT to-so-21dv WNOTIN City of Huntington Beach 2O00 M Street California 92648 - c tifi- Dh 6 3 a P DECLARATION of NON-EMPLOYER5TATU5 In order to comply with City Council Resolution No. 6277, you are required to Provide proof of Workers' Compensation insurance. If you have no employees, this form must 6e signed and returned to: City of Huntington (')each Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I small not employ any person in any manner so as to become su6'ect to California Workers' Compensation insurance requirements. I authorize the City of Huntington beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any empioyee(s) or become su6'ect to the provisions of the laws requiring Workers' Compensation insurance. ApplicanVCompany Name: �af'reA &kODK k A556CtA�2S Address: ef APP licant's Signature: Date: I�1'fl[0 1 Title: Location Signed: Telephone Num6er: �(q 53 6 IY$). C:\Ri skMgmt\Cert-1 n s\WC-Wvr.D oc (Rev. 5/31 /00) CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION I. Name/Title/Department of Requesting Staff Member Linda Daily/Public Workg 2. Date of Request 4/18/01 3. Name of Contractor/Permittee Darrel Cohoon & Associates 4. Description of work to be performed Sewer service charge calculations 5. Value of Contract $29, 500 6. Length of Contract Six (6) months 7. Type of Insurance Waiver or Modification Requested: Cancellation clause wording (a) Limits: 2, 000, 000 (b) Coverage GEneral Liability 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? N/A 9. Reason for Request for Waiver or Reduction of Limits Unable to comply with City's cancellation clause wording requirement 10. Identify the risks to the City if this request for waiver or modifications granted None Department Head Signature (This section to be completed by Risk Manager) Recommendation: Approve V1 D Risk Manager's Signature/D (This section to be completed by City Attorney) Recommendation: Approve Deny City Attorney's Signature/Date Settlement Committee approval [is] [is not] required for this waiver. If Settlement Committee approval is required, submit this form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny City.Council approval [is] [is not] required for this waiver. If City Council approval is required, attach this form to the - RCA after consideration by the Settlement Committee. This insurance waiver [is not] on City Council agenda. Reviewer's initials: jmp/mis/inswaiver/3/14/00 *EQUEST FOR COUNCIL APION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PW 01-035 Analysis: On February 20, 2001, the City Council directed staff to proceed with developing a sewer service charge. Tasks include structuring of a proposed rate, programming by City's Information Technology Staff, and drafting of a proposed ordinance by the City Attorney. In order to maintain the implementation schedule, these tasks must be completed by early May. In accordance with the established schedule, staff was directed to return to the City Council with a professional services contract with Darrel Cohoon and Associates for services relating to establishing the rate structure and preparing the reports needed to demonstrate that the charge is reasonably related to the cost of the service. In a preliminary report, Darrel Cohoon & Associates evaluated a monthly sewer service charge as a method of funding improvements and maintenance for the sewer system. Alternative rate structure methodologies and billing methods were included as part of the effort. The preliminary report did not address specific information relating to cost of services as advised by the City Attorney. The scope of work included in this agreement includes calculating charges for each of the identified customer categories. The final report will include the recommended charges and document the methodology used in calculating them. In addition, Mr. Cohoon will develop recommendations for updating charges in the future as advised by the City Attorney. As a Sole proprietor, Mr. Cohoon is unable to secure Workers Compensation Insurance; therefore, it is requested that the insurance requirement be waived. Mr. Cohoon requests modification of the Hold Harmless contract clause by the addition of the word "negligent" in front of "performance." Insurance companies will not write professional liability insurance for the broad coverage included in the contract. Darrel Cohoon & Associates was selected through a competitive process for preparation of a preliminary report evaluating a monthly sewer service. This work will be an extension of the work performed under the previous work authorization. Environmental Status: Not applicable Attachment(s): 1 Professional Services Agreement between the City of Huntington Beach and Darrel Cohoon and Associates RCA Author: L. Daily ext 5599 01-35 March 19 Daily (Darrel Cohoon-Sewer Fee).doc -2- 03/14/01 9:40 AM RCA*ROUTING 9HEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Contract between Darrel Cohoon and Assoclates to Develop Sewer Service Charge COUNCIL MEETING DATE: March 19, 2001 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 Attorne) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Attached Certificates of Insurance (Approved by the City Attorney) Not Attached (Explain) 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:. FO.... .... R. MISSING ATTACHMENTS:,; Subject to approval by Insurance Settlement Committee 3/20/01 RCA Author: L Daily x 5599