HomeMy WebLinkAboutFPL AND ASSOCIATES, INC. - 2007-05-21Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
Ci CI rk's A i g n a t u r
Council Meeting Date: 5/21/2007
Department ID Number: PW 07-27
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
✓z' �� � SUBMITTED BY: PEN��OPE C LBRETH-GRAF , D DMINISTRATO
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PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRE/CTOR OF P BLIC WORKS
SUBJECT: Approve Contracts for As Needed Professional Engineering Services
a
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Public Works Department requires professional civil engineering
services on an as -needed basis to support staff for the design and construction of capital
projects. The Transportation Division has selected two qualified firms.
Funding Source: Funds are available within budgeted capital improvement projects and the
department operating budget. Additional City Council authorization will be requested for
unbudgeted capital projects if necessary.
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commended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute a professional service
contract between the City of Huntington Beach and FPL and Associates, Inc. for As -
needed Civil Engineering Services- and
Approve an authorize the Mayor and City Clerk to execute a professional service
contract between the City of Huntington Beach and Albert Grover & Associates for As -
needed Civil Engineering Services.
Alternative Action(s): Do not authorize the contracts and direct staff to request proposals
from other engineering firms for design services for various capital projects. Projects could
be delayed for up to one year.
F-3
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/21/2007 DEPARTMENT ID NUMBER: PW 07-27
Analysis: The City's Capital Improvement Program within the Transportation Division
exceeds $4.5 million in FY 2006/2007. Professional services are needed for special studies
included in the department's operating budget. Projects include traffic signal design, street
lighting design, school area safety improvements and traffic signal coordination projects.
Design for these projects is assigned to firms specializing in these disciplines, as it is not
possible to complete this large workload with City staff. Two Associate Traffic Engineer
positions have been vacant for over a year, and recruitment has been unsuccessful. It is in
the City's benefit to retain qualified firms for capital project design and engineering.
Project assignments are distributed among the consultants, taking advantage of each
consultant's specializations. Proposals were requested and submitted in compliance with
Chapter 3.03 of the Huntington Beach Municipal Code. The proposed new contracts allow
for a three-year contract term with a total not to exceed $500,000 per contract over the three-
year contract term. Funding sources will be capital project accounts and operating budgets,
using the approved funds.
Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure
needs, and develop strategies for resolving crucial infrastructure problems to preserve the
physical foundation of the community and enable to community's value to grow.
(C-1) Improve transportation through a variety of means including improving traffic flow,
synchronizing traffic signals, traffic calming, and alternative transportation methods such as
bike and walking paths.
(C-2) Provide quality public services with the highest professional standards to meet
community expectations and needs, assuring that the city is sufficiently staffed and equipped
overall.
Public Works Commission Action: Not required
Environmental Status: Not Applicable
Attachment(s):
-2- 5/3/2007 2:06 PM
ATTACHMENT #1
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL AND ASSOCIATES, INC. FOR
AS -NEEDED CIVIL ENGINEERING SERVICES
Table of Contents
Scope of Services
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
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
07-919/8924
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL AND ASSOCIATES, INC FOR
AS -NEEDED CIVIL 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 FPL AND ASSOCIATES, INC., a California corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant for as -needed civil
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 described as individual engineering
projects on an as -needed basis as directed by CITY. These services shall sometimes
hereinafter be referred to as the "PROJECT." CONSULTANT will perform all engineering
functions as set forth in a written Scope of Work to be provided in advance of each
PROJECT.
CONSULTANT hereby designates Fong -Ping Lee, who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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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 June 1, 2007 (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 the Scope of Services shall be
completed no later than three (3) years from the Commencement Date. The time for
performance of the tasks identified in the Scope of Services are generally to be shown in the
Scope of Services. 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
A which is attached hereto and incorporated by this reference, a fee, including all costs and
expenses, not to exceed Five Hundred Thousand Dollars ($500,000.00).
CITY and CONSULTANT 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 -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.
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5. EXTRA WORK
In the event CITY requires additional services not included in the Scope of
Services or changes in the scope of services described in the Scope of Services
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 set forth in Exhibit A.
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
To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 2782.6), 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,
demands and defense costs (including, without limitation, costs and fees of litigation of every
nature or liability of any ki_id or nature) a.ising out of or in connection with CONSULTANT's
(or CONSULTANT's subcontractors, if any) negligence, recklessness or willful misconduct
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related to 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. CITY
shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in
enforcing this obligation. 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 a limitation upon the amount of indemnification to
be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish 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) per occurrence and in the aggregate. The above -mentioned insurance shall not
contain a self -insured retention, "deductible" or any other similar form of limitation on the
required coverage except with the express written consent of CITY. A claims -made policy
shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of
the scope of work (including subsequent policies purchased as renewals
or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make e,-ory effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
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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 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 the policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on the insurance hereinabove required.
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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 ° and 10 hereirabove.
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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; provided that CITY and CONSULTANT, by notice given
hereunder, may designate different addresses to which subsequent notices, certificates or other
communications will be sent:
TO CITY:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Fong -Ping Lee
FPL and Associates, Inc.
10 Corporate Park, Suite 310
Irvine, CA 92606
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.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission -of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the partie.; have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
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curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and .naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees, such that prevailing party shall nc: be entitled to recover its
attorney's fees from the nonprevailing party.
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in fact, held by the signatory or is withdrawn.
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
0 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
07-919/8924 10
Agreement, and supersedes all prior 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 MA-- y (Al , 200 -?'.
FPL AND ASSOCIATE , INC.
By:
F g i g Le resident
AND
By:
C.. Hsu, Secretary
CITY OF HUNTINGTON BEACH, a
municipal corporation of th&State of
California '
Mayor ;
y Clerk' 114dto
TIA_' ED AND AP OVED:
Director of Public Works
REVIEWED AND APPROVED:
Cl-db'-40
L4
Ci y Administrator
APPROVED AS TO FORM:
(\/� c'
City Att rney D �1
07-919/8924 11
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL AND ASSOCIATES, INC. FOR
AS -NEEDED CIVIL ENGINEERING SERVICES
Table of Contents
Scope of Services
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
IndependentContractor............................................................................................6
Terminationof Agreement.......................................................................................6
Assignment and 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
07-919/8924
EXHIBIT "A"
Payment Schedule (Hourly Payment)
A. Hourly
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
B. Travel
FEE SCHEDULE
Year 2007
Principal, Project Manager $140/hr
Lead Engineer $130/1117
Associate Engineer $120/hr
Assistant Engineer $11 MIT
Administrative $ 70/hr
Vi-nr 'WR
Anticipated annual increase 4%
Charges for time during travel are not reimbursable
2. Automobile expenses are limited to the IRS standard business mileage rate of
$0.445.
C. Billing
All billing shall be done monthly in one -fifteenth hour (0.15) increments and
matched to an appropriate breakdown of the time that was taken to perforce 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
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
EXHIBIT A
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. The CITY expects that all attorneys will have a library, be it in book or electronic
forin. Consequently, the CITY will not pay for electronic legal research, such as
LexisNexis or Westlaw.
7. 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.
8. 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.
9. 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.
10. 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
2
EXHIBIT A
brought into compliance, or until this Agreement has expired or is terminated as
provided herein.
11. 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.
EXHIBIT A
su�[`City INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
q
un;ngt ;I>,,ch,;
,
DECEIVED
1. Requested by: Bob Stachelski, Public Works APR 2 6 2001
2. Date: April 18, 2007
city of Huntington Beach
3. Name of contractor/permittee: FPL and Associates, Inc. �ityAttorney'soffice
4. Description of work to be performed: Provide on -call traffic engineering services.
5. Value and length of contract: $500,000; three (3) years
6. Waiver/modification request: $10,000 deductible/Professional Liability
7. Reason for request and why it should be granted: Unable to comply with the city's zero
deductible insurance requirement. Similar waiver granted in 2005.
8. Identify the risks to the City in approving this waiver/modification: None
_7' .! 7
'
Department Head Signature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two; approvals are required ,
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree:
1. isk Management ' A 1 Al
/1
Approved El Denied GCCi� (�l'w'�
Signature Date
2. ity Attorney's Office Z_
A proved ❑ Denie 1wa `-I• ZI U�
ignature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to. the
City Attorney.'s Office along with.the contract for approval. Once the. contract has been approved,
this.form is to be filed with the Risk Management Division of Administrative Services
FPL Waiver 2007.doc 4/18/2007 11:24:00 AM
ACORO
C_�RfIFICAE OFLIABILIT�Y�INSU�2lE ,v
Da[e(�^/16IZOO7
Producer Ari Odebiyi
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
Wood Gutmann & Bogart Insurance Brokers
15901 Red Hill Ave., Suite 100
Tustin CA 92780
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAUL
INSURER U. S. Fidelity & Guaranty
714 505.7000
www.wgbib.com
License No. 0679263
INSURER St. Paul Travelers
Insured
INSURER Continental Casualty .
FPL and Associates, Inc.
INSURER National Liability & Fire
10 Corporate Park, Ste 310
Irvine CA 92606
INSURER
E
COVLRAGS �, , ,� }
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.
POLICY
POLICY
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
MM DADYY
EXPIRATION
DATE
LIMITS
A
GENERAL LIABILITY
COMMERCIAL GENERAL LIAR
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ESCRIP I PERATI ICES XC LUT1URS_AU5rD_B Y END RSEM SPECIAL PROVISIONS
The City of Huntington Beach, its agents officers and employees are named as additional insured with respects to
General Liability per attached CL BF 26 69 09 03, which includes waiver of subrogation.
THIS CERTIFICATE SUPERCEDES ALL OTHERS PREVIOUSLY ISSUED.
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CFRTIFI.CAE_HOLb6kZ___,. _ANGELCT
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SHOULD ANY OF THE ABOVE DESCRIBED+POUCIES BE CANCELLED BEFORE THE
City of Huntington Beach -
Risk Management
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL INIMMMU MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,KXDSa`I�t?GI�XdixfJt%GKX$(YCX➢4�Fd%DfiFSt�X�4�id>�Sfi�>G)Yd(ddlDX
Attn: Chris Mendoza
2000 Main St.
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' 10 Days for Non -Payment of Premium
RE HORIZEATIVE
Huntington Beach, CA 92648
James E. Gutmann
_ ,:, s ;ACORD€OORPORATlON
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08) created at www.eCertsONLINE.com
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whan, the 'bodily in]LW Or 'property
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render, smy'profsssional service', when
such person ar Organlzadon Is an
archtwcT, enghaeror surveyor.
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1. Date:
2. Department
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
4/30/2007
Public Works
3. Requested by: William Janusz
4. Name of consultant: FPL and Associates, 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.
RFP Attached
6. Amount of the contract: $500,000
7. Are sufficient funds available to fund this contract?' ® Yes ❑ 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: Various Transportation Capital
Projects
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).
Attached
15. . Attach proposed scope of work.
RFP Attached
16. Attach proposed payment schedule.
Attached
Department Head Signature
l
R HARD AMADRIL, Manage
Purchasin�/Central Services
1. It the answer to this question is "No," the contract will require approval from the City Council.
Joe Foust
Principal
Austin -Foust Associates, Inc.
2020 N. Tustin Ave.
Santa Ana, CA 92705
John Kerenyi
Kimley-Horn and Associates, Inc.
2100 W. Orangethorpe Ave., Suite
140
Orange, CA 92868
Don McDoougald
Project Manager
Van Dell and Associates
17801 Cartwright Rd.
Irvine, CA 92614
Robert Warren
Vice President
W.G. Zimmerman Engineeering
801 Pacific Coast Hwy., Suite 200
Sea] Beach, CA 90740
Randall Berry
Design Manager
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614-4705
Rick Kreuzer
President
KFM Engineering, Inc.
26672 Towne Center Dr., Suite 300
Foothills Ranch, CA 92610
Jim Gillen
Office Manager
Huitt-Zollars, Inc.
430 Exchange, Suite 200
Irvine, CA 92602-1309
Alexander Zupanski
Project Manager
FPL and Associates, Inc.
10 Corporate Park, Suite 310
Irvine, CA 92606
Mark Miller
Vice President
Albert Grover & Associates
211 E. Imperial Highway, Suite 208
Fullerton, CA 92835
Richard Barretto Lisa Perna
Linscott Law & Greenspan, Division Manager
Engineers Willdan
1580 Corporate Dr., Suite 122 27042 Towne Center Dr., Suite 270
Costa Mesa, CA 92686 Foothill Ranch, CA 92610
Graham Juby
Partner
Carollo Engineers
10540 Talbert Ave., Suite 200 East
Fountain Valley, CA 92708
John Loague
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Thomas Hooker, Jr.
President
Daniel Boyle Engineering
23231 So. Pointe Dr., Suite 103
Laguna Hills, CA 92653
Richard Brady
President
Richard Brady and Associates
4909 Murphy Canyon Rd., Suite 220
San Diego, CA 92123
David Bacon Dominic Milano
Principal President
Walden & Associates RKA Civil Engineers, Inc.
2552 White Road, Suite B 398 S. Lemon Creek Dr., Ste. E
Irvine, CA 92614 Walnut, CA 91789-2649
Kvous Emami
Principal in Charge
KEC Engineering, Inc.
398 S. Lemon Creek Dr., Ste. E
Walnut, CA 91789-2649
Patricia Post
Marketing Coordinator
Dudeck & Associates, Inc
605 Third St.
Encinitas, CA 92024
Robert Carley Kathy Caswell
Principal Engineer Berryman & Henigar
Boyle Engineering Corp. 2001 East First Street
1501 Quail St. Santa Ana, CA 92705
Newport Beach, CA 92660-2726
Uzo Okereke
Principal
DMC Engineering
18 Technology Dr., Suite 100
Irvine, CA 92618
Ali Pakzad .
President
APA Engineering, Inc.
23282 Mill Creek Dr., Suite 160
Laguna Hills, CA 92653
1
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL AND ASSOCIATES, INC. FOR
AS -NEEDED CIVIL ENGINEERING SERVICES
Table of Contents
Scope of Services
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
Terminationof Agreement.......................................................................................6
Assignment and 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
07-919/8924
CITY OF HUNTINGTON BEACH
PUBLIC WORKS ENGINEERING DIVISION
REQUEST FOR PROPOSALS
for
Professional Consulting Services
for
As Needed Civil Engineering Services
March 2005
PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be
submitted to:
Andrew Ferrigno, P.E.
Engineering Division
Public Works Department
City of Huntington Beach
City Hall
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on March 15, 2005. Three copies of the proposal shall be
submitted in a sealed envelope and marked: "Proposal for As -needed Civil
Engineering Services." Proposals received after the specified time will not be
accepted and will be returned unopened. Questions regarding this request may
be directed to Andrew Ferrigno at 714/536-5291.
_1 1674.1
SECTION PAGE
i. Introduction 1
II. Schedule of Events 2
III. Project Description 2
IV. Scope of Work 2
V. Proposal Requirements 4
vl. General Requirements 6
vli. Consultant Evaluation & Selection Process 7
INTRODUCTION
The City of Huntington Beach, Engineering Division, Public Works Department, is
requesting proposals from qualified Civil Engineering firms to provide consulting
services on an "as -needed" basis for projects to be determined during the term of
the contract. The contract will be for a five-year term with task order assignments
G:`Transportation Division\Janusz\Consultant Contracts\As Needed Civil RFP Amended.doc
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 2
awarded such that their specified durations do not exceed the 5th year. The total
fees to consultant for all assignments authorized for the contract shall not exceed
$1, 000, 000.
SCHEDULE OF EVENTS
February 24, 2005 Issuance of Request for Proposals
March 18, 2005 Proposals due at City Hall by 4:00 P.M.
September 19, 2005 City Council Approval of Contract (estimated date)
III. PROJECT DESCRIPTION
The City's Engineering and Transportation Divisions have a large annual capital
improvement program budget. The Divisions, from time to time, have the need to
retain the services of a consulting civil engineering firm to supplement City
engineering staff and assist in performing the design and the preparation of plans,
specifications, cost estimates, and contract documents for various kinds of
projects included in the budget. The City is seeking a "Generalist" Civil
Engineering Consultant who has experience with water, sewer, storm drain, street
improvement, as well as site design, construction management, and survey
services. The City also expects the need for specialty services such as traffic,
geotechnical, environmental, or structural design. Consultants who do not
practice these specialty services in house may partner with other consultants, but
shall identify those consultants within their proposal.
Examples of typical services provided through these contracts include:
• Topographic surveying
• Street design
• Storm drain system design
• Storm water management design
• Right-of-way engineering
• Water system design
• Grading plan preparation
• Traffic signal design
• Traffic control plan preparation
• Design studies
• Landscape architecture/Irrigation Design
• Signing and marking design
• Construction management
• Geotechnical evaluations
• Structural design
• Environmental services
0 Permitting
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 3
The City is desirous of contracting with up to four civil engineering firms to be
available to perform services on an "as -needed" basis when supplemental
resources are needed. Upon execution of contracts, the City may elect to solicit
proposals from all consultants. The City will issue Task Orders for each project
based upon a scope of services, work schedule, and fee proposal submitted to
the City for its review and approval.
IV. SCOPE OF WORK
In general, the consultant shall perform civil engineering services on an "as -
needed" basis for various projects assigned by the City. The scope of work for any
one project may involve all phases of project development and may include but
not be limited to the following:
1. Preliminary Engineering
Prepare alternative preliminary layouts, surveying, geotechnical services, and
estimates of probable cost for alternatives, and prepare engineering details, and
calculations. Present alternatives and provide recommendations and analyses of
the advantages and of each alternative.
2. Permits
Assist the City in obtaining approvals from applicable agencies
including City of Huntington Beach Building and Safety for
environmental, and/or other permits as may be required.
3. Construction Documents
Prepare engineering calculations and designs, plans, specifications,
cost estimates, and contract bidding documents. The City shall review
the construction documents at the preliminary engineering, sixty (60%),
ninety percent (90%), and final documents stages.
The drawings shall be 24-inch X 36-inch ink on mylar media. Drawings
shall be in AutoCad 2000 and submitted in digital format. Construction
specifications and bidding documents will be provided in Microsoft
Word 2000. The City will provide the General Provisions and bid forms in
a Microsoft Word Version 2000 format ; the Consultant shall modify the
documents by adding the necessary special provisions and bid items.
4. Bidding Stage
Assist the City in answering bidders' questions, attend pre -bid
conferences and job walks, perform constructability review of other
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 4
firms or own plans and specifications, prepare addenda, analyze bids,
and recommend award.
5. Construction Stage
Attend pre -construction conference. Monitor construction schedule,
visit construction site as required for progress and quality of work
evaluation. Assist the engineer, contractor, and construction
manager/contract administrator with interpretation of the plans and
specifications, analysis of changed conditions, development of
corrective action, review of shop drawings and other submittals, and
the review and negotiation of change orders. Prepare "as -built"
drawings. Additionally, the firm may also be required to perform
construction staking.
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 5
V. PROPOSAL REQUIREMENTS
Although the City requires no specific format, this section is intended to provide
guidelines to the consultant regarding features, which the City will look for and
expect to be included in the proposal.
1. Content & Format
The City requests that proposals submitted be organized and presented
in a neat and logical format and are relevant to these services.
Consultant's proposals shall be clear, accurate, and comprehensive.
Excessive or irrelevant material will not be favorably received.
Proposals shall contain no more than 15 typed pages using a 10-point
minimum font size, including transmittal/offer letter and resumes of key
people, but excluding Index/Table of Contents, tables, charts, and
graphic exhibits. The purpose of these restrictions is to minimize the
costs of proposal preparation and to ensure that the response to the
RFP is fully relevant to the project.
The proposal should include the following:
• Transmittal/offer letter.
• Page numbering.
• Index/Table of Contents.
• Approach.
• Team Organization including an organization diagram.
• Statement of Qualifications including descriptions of similar
projects by key staff to be assigned during the term of the
contract.
• Brief resumes of key staff.
• Schedule of Hourly Rates.
2. Approach
A description of the firm's approach and work program shall be
included in this section. It should explain the following; how the work
will be managed and controlled; the technical approach,
methodology, specific tasks and activities that will be performed to
address the specific issues and work items.
3. Team Organization
The purpose of this section is to describe the organization of the project
team including any sub -consultants and key staff. A project manager
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 6
and an alternate project manager shall be named who shall be the
prime contact and be responsible for coordinating all activities with the
City. An organization diagram shall be submitted showing all key team
members and illustrating the relationship between the City, the project
manager, key staff, and sub -consultants. There also should be a brief
description of the role and responsibilities of all key staff and sub -
consultants identified in the team organization. This section shall list any
"specialty" services currently provided in-house or through by individual
team members.
4. Statement of Qualifications
The information provided in this section should describe the
qualifications of the firm and key staff in performing projects within the
past five years, to demonstrate competence, to perform services as
described in this request for proposal. The projects listed should be
those that the key staff named for this project was responsible for
performing services. Information shall include:
• Names of key staff that participated on named projects and
their specific responsibilities.
• The client's name, contact person, addresses, and telephone
numbers.
• A brief description of type and extent of services provided.
• Completion dates (estimated, if not yet completed).
• Total costs of the projects.
There should be included in the section brief resumes of key personnel
who will provide these services demonstrating their qualifications and
experience. Resumes should highlight education, experience, licenses,
relevant experience, and specific responsibilities for services described.
5. Schedule of Hourly Rates
The firm's schedule of hourly rates, including rates for all subconsultants,
shall be included with the proposal.
The percentage mark up of reimbursable expenses, if any, shall also be
specified in the proposal.
Price escalations during the contract term shall be approved in
negotiations prior to a contract.
6. Statement of Offer & Signature
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 7
The Proposal shall contain a statement that the proposals are a firm
offer for a 60-day period and signed by an individual authorized to act
on behalf of the firm.
VI. GENERAL REQUIREMENTS
1. Insurance Requirements
The consultant shall furnish with the proposal proof of the following
minimum insurance coverage. These minimum levels of coverage are
required to be maintained for the duration of the project:
A. General Liability Coverage - $1,000,000 per occurrence for bodily
injury and property damage. If Commercial General Liability
Insurance or other form with a general limit is used, either the
general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
B. Professional Liability Coverage - $1,000,000 per occurrence (note: A
"claims made" policy is acceptable).
C. Worker's Compensation Coverage: State statutory limits.
Deductibles, Self -Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications, must be declared to and approved by the
City of Huntington Beach.
A sample certificate is included as Attachment C.
The consultant is encouraged to contact its insurance carriers during the
proposal stage to ensure that the insurance requirements can be met if
selected for negotiation of a contract agreement.
2. Standard Form of Agreement
The consultant will enter into an agreement with the City based upon
the contents of the RFP and the consultant's proposal. The City's
standard form of agreement is included as Attachment A. The
consultant shall carefully review the agreement, especially with regard
to the indemnity and insurance provisions, and include with the
proposal a description of any exceptions requested to the standard
contract. If there are no exceptions, a statement to that effect shall be
included in the proposal.
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 8
3. Disclaimer
This RFP does not commit the City to award a contract, or to pay any
costs incurred in the preparation of the proposal. The City reserves the
right to extend the due date for the proposal, to accept or reject any or
all proposals received as a result of this request, to negotiate with any
qualified consultant, or to cancel this RFP in part or in its entirety. The
City may require the selected consultant to participate in negotiations
and to submit such technical, fee, or other revisions of their proposals as
may result from negotiations.
4. Assigned Representatives
The City will assign a responsible representative to administer the
contract, and to assist the consultant in obtaining information. The
consultant also shall assign a responsible representative (project
manager) and an alternate, who shall be identified in the proposal. The
consultant's representative will remain in responsible charge of the
consultant's duties from the notice -to -proceed through project
completion. If the consultant's primary representative should be
unable to continue with the project, then the alternate representative
identified in the proposal shall become the project manager. The City's
representative shall first approve any substitution of representatives or
sub -consultants identified in the proposal in writing. The City reserves
the right to review and approve/disapprove all key staff and sub -
consultant substitution or removal, and may consider such changes not
approved to be a breach of contract.
VII. CONSULTANT EVALUATION & SELECTION PROCESS
The City's consultant evaluation and selection process is based upon
Qualifications Based Selection (QBS) for professional services. The following
criteria will be used in evaluating the proposals using a point value system (100
points) based upon the weighting indicated below.
1. Approach and work plan. (20 points)
2. Qualifications and experience of the project manager and other key
individuals, including specialty services. (45 points)
3. Results of reference checks. (15 points) Reference checks will only be
conducted for a short list of firms or the top rated firm.
4. Clarity of proposal. (10 points)
5. Compliance with proposal requirements including the 15- page
limitation. (10 points)
CITY OF HUNTINGTON BEACH
As -needed Engineering Services RFP
February, 2005
Page 9
The City may elect to interview a short list of qualified firms or to interview only the
top two rated firms based upon the proposals submitted for the project. (This
doesn't make much sense for this RFP. Probably should just delete the word
"two")
The City staff will negotiate a contract with the best -qualified firms for the desired
consulting services. Should the City staff be unable to negotiate a satisfactory
contract with the firm considered to be the most qualified, negotiations with that
firm shall be formally terminated. Negotiations will then be undertaken with the
next most qualified firm. Failing accord with the second most qualified firm, the
City staff will terminate negotiations and continue the negotiation process with
the next most qualified firms in order of their evaluation ranking until an
agreement is reached and a firm is selected and an agreement is executed. (The
part in red doesn't really make sense for this process either.)
ATTACHMENTS
Attachment A --- Sample City Contract
Attachment B --- Insurance Certificate Requirements
(Should we include a copy of the current CIP as an example of projects for which
services may be needed during the like of the contracts?)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
May 23, 2007
FPL and Associates, Inc.
10 Corporate Park, Suite 310
Irvine, CA 92606
Attn: Fong -Ping Lee
Dear Mr. Lee:
CALIFORNIA 92648
Enclosed for your records is a copy of the Professional Services Contract Between the
City of Huntington Beach and FPL and Associates Inc. for As -Needed Civil Engineering
Services.
Sincerely,
n L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:followup:agrmtltr
(Telephone: 714-536-5227 )
C 600. /O - F-)
ATTACHMENT #2