HomeMy WebLinkAboutENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. - 2007-01-16ff�i#5C1:
Council/Agency Meeting Held: 1" .406
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City k's Vgneaur
Council Meeting Date: 1116/2007
Department ID Number: PW 07-002
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR ANDCITY COUNCIL MEMBERS
C_4
SUBMITTED BY: PE �ULBRETH-GRAFT, DPPA, I ADMINISTRATOR
PREPARED BY: ROBERT F. BEARDSLEY, PE, DCTO OF UBLIC WORK IRE
SUBJECT: Approve Professional Services Contract Between the City of Huntington
Beach and Engineering Resources of Southern California, Inc., for
Development Processing and Related Engineering Services
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Public Works Department requires contract support services to
perform development processing functions. Engineering Resources of Southern California,
Inc. has been selected to provide these services. A multi -year contract for as -needed
staffing, with a not -to -exceed limit of $500,000 is proposed.
Funding Source: Sufficient funds are available from the General Fund, Development
Services, Professional Services, 10085251.69365. Approximately $350,000 has been
carried forward in an encumbrance (OW 11377) from Fiscal Year 2005/06. Funding is
authorized on the adopted Professional Services List.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the agreement between the City
of Huntington Beach and Engineering Resources of California, Inc. for development
processing services.
Alternative Action(s):
1. Do not approve the contract and provide necessary development services with existing
staff. This will result in significant delays in both private development and City
construction projects. Delays in development processing may be in violation of AB
3101, which prescribes maximum plan check turn -around times.
E -S
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER: PW 07-002
Analysis: For numerous years, services required by the development community have
exceeded the Public Works Department's ability to meet the demand. The combination of
increased development activity, more time -intensive development issues, and reduced
staffing levels continue to hamper response time to both private and public projects.
Engineering Resources of California, Inc., has been selected through the professional
services proposal process to furnish plan checking, and development processing services.
This contract for outside staff support will assist the Public Works Department to provide
timely and accurate development processing until the pace of development processing
decreases.
In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from three
firms, Engineering Resources of California, Inc., Tetra Tech and Project Partners. Upon
review, it was determined that Engineering Resources of California, Inc., could best meet the
needs of the Public Works Department.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Attachment(s):
1. 1Agreement Between the City of Huntington Beach and Engineering
Resources of Southern California, Inc. for Development
Processing and Related Engineerinq Services.
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ATTACHMENT #1 ----Jl
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
FOR DEVELOPMENT PROCESSING AND RELATED ENGINEERING SERVICES
Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificateof Insurance............................................................................................5
IndependentContractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignmentand Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................
8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
FOR DEVELOPMENT PROCESSING AND RELATED ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC., a California corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
development processing and related engineering services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Robert Righetti who shall represent it
and be its sole contact and agent in all consultations with CITY during the performance of
this Agreement.
06-753/6559 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on the date of execution of this agreement, (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 three (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.
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 Five Hundred Thousand Dollars
($500,000.00).
CITY and CONTRACTOR agree to meet at least sixty (60) days prior to
June 30 of each year of this Agreement to review the compensation as set forth herein.
Upon mutual written consent of both parties, an annual adjustment to the fee schedule,
either increase or decrease, not to exceed the Consumer Price Index for Los Angeles-
06-753/6559 2
Anaheim -Riverside All Urban Consumer Price Index (CPI) or any relevant successor for
the Orange County area, may be made to reflect unanticipated cost fluctuations."
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
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
06-753/6559 3
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
06-753/6559 4
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.
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. 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.
06-753/6559 5
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.
06-753/6559 6
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
06-753/6559 7
TO CONSULTANT:
Engineering Resources of Southern California, Inc.
Attn: Robert Righetti, Municipal Svcs. Manager
3550 East Florida Avenue, Suite B
Hemet, CA 92544 - 1/137
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.
06-753/6559 8
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.
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.
06-753/6559 9
24. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
06-753/6559 10
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on la v/ , 200-�
ENG=TEEREOURCES OF
SOUORNIA, INC.
By:in, President
_ AND
By:
Michael J. Stearns, ecretary
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
00") 62�-
City Cler ,1�6
APPROVED AS TO FORM:
REVIEWED AND APPROVED:
City Attorney fit v - ��4-�
Cit Administrator �I� hl0 v
ATED AND APPROVED:
Director of Public s
06-753/6559 11
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
FOR DEVELOPMENT PROCESSING AND RELATED ENGINEERING SERVICES
Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................
Consent....................................................................................................................8
Modification.............................................................................................................
8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
The Consultant shall provide qualified individuals to perform land development
review, entitlement preparation, plan checking, development processing, field review
and any other services which will perform, promote or enhance the City's Development
Services goals and needs as requested. The City may, as deemed necessary, provide a
furnished work area (including telephone, etc.) at City Hall.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Read, understand and evaluate geotechnical, hydrologic, hydraulic, traffic, drainage,
legal survey, environmental and other related reports that pertain to the planning,
design, review and construction of private and public infrastructure improvements.
2. Read, understand, implement and/or prepare "Conditions of Approval" or
entitlement documents, EIR's and other reports as related to the planning, design,
review and construction of private and public infrastructure improvements.
3. Perform plan checking, peer review, clerical and other duties as needed or
requested.
4. Understand, prepare and review legal descriptions, survey and easement documents
or maps as needed and requested.
5. Coordinate plan checking and development processing between various City
sections and departments as requested. Tabulate comments and prepare City
response letters to applicants, the public and with all utility agencies as required.
6. Calculate and check quantity estimates, fees, bonding amounts, shop drawings and
design calculations as submitted with plans and applications.
7. Maintain all necessary documentations for funding agencies, monitoring agencies
and compliance information as required, including final closeout documentation.
8. Meet with developers, engineers, contractors, consultants, the general public and
others as required to discuss, resolve or make recommendations concerning
development, public right-of-way improvements, reports, processing requirements,
entitlement issues, construction and related issues.
9. Provide additional backup services as needed or requested which will promote the
expeditious and efficient processing and service goals of the City of Huntington
Beach.
10. Read, understand and evaluate Landscape Architectural plans, Arborist reports and
recommendations, the Huntington Beach Zoning and Subdivision Ordinance, the
Huntington Beach Municipal Code, Water Ordinance, irrigation plans, construction
plans and planting plans as they relate to Conditions of Approval for private
jmp/contracts group/exA/l/2/07
EXHIBIT "A"
developments, and high quality construction techniques acceptable in the City of
Huntington Beach.
11. Perform onsite reviews to determine design restrictions, parameters, provide
entitlement reviews and provide Conditions of Approval for all projects relating to
Landscape Architecture and also relating to tree growth impacts to infrastructure
and private property improvements. Must have the knowledge, background and
practical experience to be able to analyze and enforce CEQA and the City of
Huntington Beach tree replacement requirements.
12. Inspect and enforce City Codes and the implementation of the City approved
landscape plans to guarantee proper installation meeting the requirements of the
approvals.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City of Huntington Beach shall process plans for plan checking.
2. City of Huntington Beach shall provide oversight for development projects.
D. WORK PROGRAM/PROJECT SCHEDULE:
To be determined.
jmp/contracts group/exA/1/2/07
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 Billing Rate Schedule and Schedule of Hourly Billing Rates by Engineering
Resources of Southern California, Inc.
B. Travel
1. Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billin>?
1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
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 case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
agree/forms/exB-hourly fee/12/28/06 EXHIBIT B
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. 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.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
agree/forms/exB-hourly fee/12/28/06 EXHIBIT B 2
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
10. 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.
agree/forms/exB-hourly fee/12/28/06 EXHIBIT B
Hourly Payment
ENGINEERING
---MESCURCES
OF SOUTHERN CAUFORNIA, INC.
December 8, 2006
Mrs. Terri Elliott, P.E.
Principal Civil Engineer
Engineering Division
Department of Public Works
CITY OF HUNTINGTON BEACH
CITY HALL
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
RE: Hourly Billing Rates Proposal - On -Call Contract Professional Engineering Services
Dear Terri.
Please find attached our current published hourly billing rates as of March, 2006. Also attached is
Attachment "B", our proposed City of Huntington Beach billing rates to reflect the special hourly rates
that will serve as the agreed upon rates for any new contracts with the City.
We also understand the terms of the conditions for the City's Professional Services Agreementthat, perthe
Automatic Excalator Language of the agreement, 60 days prior to June 30 of each year a review of
compensation shall be made, and upon mutual consent of both parties, an annual adjustment to the fee
schedule will be allowed to either increase or decrease the fees based upon the Consumer Price Index
(CPI) for Los Angeles -Anaheim -Riverside areas.
i hope this sufficiently addresses your needs. If more information is needed, or if more formal proposal
information is required, please call me a (951) 765-6622 at anytime. Again, thank you for the encouraging
offer requesting us to submit a proposal to the city for professional services, and for the potential
opportunity to continue working under your leadership and at the side of the many professional people at
the City of Huntington Beach.
Yours very truly,
att ru i. P. E.
President
RR/mv
Attachments
3550 E. FLORIDA AVE. SUITE B
HEMET, CA 92544
'951) 765 6622
95 j 1 . -,. -Ax
i
ENGiNEE1
ESOURCES
OF SOUTHERN CALIFORNIA, INC.
ATTACHMENT "B"
Billing Rate Schedule
December 8, 2006
Billing Title
Employee
Standard Rates
As of Mar. 2006
Proposed Rates
For City of HB
Principal
Matt Brudin
$175.00
$155.00
Principal Engineer*
Brian Thomas
$165.00
$148.00
Senior Engineer *
Mo Ahmadi
$160.00
$145.00
Principal Engineer *
Robert Ri hetti
$135.00
$118.00
Engineer V *
Kris Winchak
$120.00
$108.00
Engineer III*
Johan Hardy
$95.00
$85.00
Engineer Il*
$80.00
$72.00
Landscape Architect
To Be Determined
Cost plus 15%
Cost Plus 12%
Construction Manager *
2.6 x Direct Salary
Prevailing Wage
Construction Inspector *
2.6 x Direct Salary
Prevailingage
Clerical *
$50.00
$45.00
* Note: The "Current" Billing Rates for these classifications will be used for
additional staff resources as requested by the City.
RiNGINEERING
ESOURCES
OF SOUTHERN CALIFORNIA, INC.
SCHEDULE OF HOURLY BILLING RATES
(EFFECTIVE JANUARY 1, 2006)
PRINCIPAL/PRESIDENT .............. $1 75.00
PRINCIPAL/VICE PRESIDENT ......... 165.00
SENIOR PRINCIPAL ENGINEER ......... 160.00
PRINCIPAL ENGINEER ................
135.00
ENGINEER V ........................
120.00
ENGINEER IV ........................
105.00
ENGINEER III ........................
95.00
ENGINEER II ........................
80.00
ENGINEER I .........................
70.00
SENIOR ENGINEERING TECHNICIAN .... $1 05.00
ENGINEERING TECHNICIAN II .......... 85.00
ENGINEERING TECHNICIAN I .......... 70.00
ENGINEERING TECHNICIAN ........... 50.00
PRINCIPAL PLANNER ............ $1 25.00
SENIOR PLANNER .............. 105.00
ADMINISTRATIVE SERVS. MANAGER $ 75.00
EXECUTIVE SECRETARY ......... 60.00
SECRETARY ................... 50.00
ENGINEERING AIDE 11 ............ $ 40.00
ENGINEERING AIDE I ............ 30.00
CONSTRUCTION MANAGER ............................................ 2.6 X DIRECT SALARY
RESIDENT ENGINEER ................................................. 2.6 X DIRECT SALARY
SENIOR INSPECTOR .................................................. 2.6 X DIRECT SALARY
INSPECTOR.......................................................... 2.6 X DIRECT SALARY
MILEAGE.................................................................... $0.56/MILE
DIRECTCOST............................................................... COST + 15%
TESTIMONY UNDER OATH WILL BE BILLED AT $220 PER HOUR
WITH A FOUR (4) HOUR MINIMUM
D:\Old Hard DriveTORMSIERSC Schedule of Hourly Billing Rates2006.wpd revised: March 29. 2006
ACORD, CERTIFICATE OF LIABILITY INSURANCE 9/05 M/DDlYY)
09/OS/06
PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
•vignac & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
, _s0 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101-8005 INSURERS AFFORDING COVERAGE
Dorothy Amundson
INSURED INSURERA:U.S. Specialty Insurance C
Engineering Resources Company
INSURERB:St. Paul Protective Insurance Company
3550 E. Florida Avenue Suite B INSURER C: United States Fidelity & Guaranty Coon,
(Hemet, CA 92544 ,INSURER D:
C(7)VFRAGFS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
C
GENERAL LIABILITY
BK02204927
09/01/06
09/01/07
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one tire)
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE I - ]OCCUR
MED EXP (Any one person)
$ 10, 000
PERSONAL& ADV INJURY
$ 1,000,000
X Blanket Contractual
X
Broad Form
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY X PRO- LOC
I
Employee Benefits
1,000,000
C AUTOMOBILE
X
LIABILITY
ANY AUTO
BA01290786
09/01/06
09/01/07
1
COMBINED SINGLE LIMIT
(Ea accident)
$ 1, 000, 000
' BODILY INJURY
` (Per person)
i
-
-
ALL OWNED AUTOS
SCHEDULED AUTOS
T
AP OVER S 1 O
O
3
BODILY INJURY
(Per accident)
.
'
HIRED AUTOS
NON -OWNED AUTOS
I R GR,
W�
, City AttoMey
I
-
I
4PROPERTY DAMAGE
I (Per accident)
i
i GARAGE LIABILITY
AUTO ONLY --EA ACCIDENT
) $
OTHER THAN EA ACC
I $
ANY AUTO
i
$
AUTO ONLY: AGG
EXCESS LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
S
AGGREGATE
$
$
$
DEDUCTIBLE
$
RETENTION S
B
': WORKERS COMPENSATION AND
BW02194635
09/01/06
09/01/07
X WCSTATUCRY "M - OTH-
EMPLOYERS' LIABILITY
i
E.L. EACH ACCIDENT
$ 1, 000, 000
E.L. DISEASE - EA EMPLOYEO
$ 1,000,000
i
E.L. DISEASE - POLICY LIMIT
! S 1, 000, 000
OTHER
A
Professional Liability
US061146802
09/01/06
09/01/07
Each Claim S1,000,000
Aggregate s2,000,000
s
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Professional Liability - Claims made form, aggregate limit policy. Defense costs included within limit of liability.
Certificate Holder is named as Additional Insured with respect to General Liability per attached and Auto Liability
endorsement to follow. Waiver of Subrogation applies to General Liability included in policy form, Auto Liability
endorsement to follow and Workers Compensation per attached.
Development Processing and Related Engineering
ULH I It -I :A It HOLUtH I x I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 10 days NOC for non-payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9CIRF�41K
,isk Management
00 Main Street
Huntington Beach, CA 92640 AUTHORIZED REPRESENTATIVE
USA
ACORD 25-S (7/97) Katherine O ACORD CORPORATION 1988
4825408
J
Named Insured: Engineering Resources
Policy Number : Wt022oa927
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effective: o9iolioe
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
The City of Huntington Beach, their officers, employees and agents.
1. SECTION II . WHO IS AN INSURED is amended to include as
an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of
"your work" for that insured by or for you,
2. With respect to 1. above the following additional provision
applies:
SECTION IV. 5.Other Insurance is replaced by the
following:
5. Other Insurance.
The insurance afforded by this Coverage Part is
primary insurance and we will not seek contribution
from any valid and collectible "other insurance"
available to the insured unless the
valid and collectible "other insurance" is provided by
a person or organization who is not shown in the
schedule. Then we will share with that valid and
collectible "other insurance" by the method described
below.
If all of the valid and collectible 'other insurance"
permits contribution by equal shares, we will follow
this method also. Under this approach, each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.
if any of the valid and collectible "other insurance"
does not permit contribution by equal shares, we will
contribute by limits. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
CLfBF 22 45 09 99 Includes copyrighted material of Insurance a Services Office, Inc.. with its permission. Page 1 of 1
copyrighted, Insurance Services Office, MI.,1984
1. Date:
2. Department:
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
12/22/2006
Public Works
3. Requested by: Terri Elliott
4. Name of consultant: Engineering Resources of California, Inc.
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form. r
6. Amount of the contract: $500,000
7. Are sufficient funds available to fund this contract?' ® Yes 0 No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? ® Yes ❑ No
9. Company number and object code where funds are budgeted: General Fund, Development Services,
Professional Services, 10085251.69365 ✓
10. Is this contract less than $50,000? ❑ Yes ® No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. 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 contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No ✓
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Project Partners, Kimo Look, (949) 852-9300; Tetra Tech, Bill Stracker, (949) 727-7099; Engineering
Resources of California, Inc. (760) 485-0041
15. Attach proposed scope of work.
Attached f
16. Attach proposed payment schedule.
Attached ✓
4S
Department Head Signature iZ-Zz.d G
�
S;e
R HARD A DRIt_, Manager
1. if the answer to this question is "No," the contract will require approval from the City Council.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Professional Services Contract for Engineering
Resources
COUNCIL MEETING DATE: January 16, 2007
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Applicable
❑
Bonds (If applicable)
El
Notached
t Applicable
Staff Report (If applicable)
Attached
❑
Not Ap licable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
ED
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
( )
( )
Deputy City Administrator (Initial)
(
( (1 )
City Administrator (initial)
( )
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author: T. Elliott
i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
January 18, 2007
Robert Righetti, Municipal Svcs. Manager
Engineering Resources of Southern California, Inc.
3550 East Florida Avenue, Suite B
Hemet, CA 92544-4937
Dear Mr. Righetti:
CALIFORNIA 92648
The City Council of the City of Huntington Beach at the meeting held
January 16, 2007, approved execution of the Professional Services Contract Between
the City of Huntington Beach and Engineering Resources of Southern California, Inc.
for Development Processing and Related Engineering Services.
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
Jo L. Flynn
City Clerk
Encl.: Agreement
JF:pe
G: followup:agrmtltr/CoAging/jc
(Telephone: 714-536-5227 )