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HomeMy WebLinkAboutGeosyntec Consultants, Inc. - 2013-04-0175�-rviA" c;/ Dept ID FD16 004 Page 1 of 2 Meeting Date 3/21 /2016 , oho ✓6z -v _ CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/21/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY* Fred A Wilson, City Manager PREPARED BY. Eric Engberg, Interim Fire Chief Travis K Hopkins, PE, Director of Public Works SUBJECT Approve and Authorize Execution of Amendment No 1 to Professional Services Contracts Between the City of Huntington Beach and Geosyntec Consultants, Inc and Langan Engineering and Environmental Services, Inc Statement of Issue The Fire and Public Works Departments require professional environmental engineering services on an as -needed basis To provide these services, two contracts were entered into on April 1, 2013 These contracts will expire on April 1, 2016, and contract amendments providing one-year extensions are requested Financial Impact None Recommended Action A) Approve and authorize the Mayor and City Clerk to execute Amendment No 1 to Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc, and B) Approve and authorize the Mayor and City Clerk to execute Amendment No 1 to Professional 5 Services Contract between the City of Huntington Beach and Langan Engineering and Environmental Services, Inc ('4t'o Alternative Action(s) Do not authorize one or both of the contract amendments and provide staff with alternative direction Analysis The Fire and Public Works Departments use environmental engineering services for development project related activities, such as review of environmental impacts, investigation of subsurface gas anomalies, etc In such cases, the majority of the cost would be paid by the developer in accordance with the current fee schedule Typical environmental services include • Prepare, assist, and review preliminary environmental studies • Review and prepare documentation in aspects of water discharge permits from regulatory agencies FfI3 -97- Item 6. - 1 Dept ID FD16 004 Page 2 of 2 Meeting Date 3/21/2016 • Investigate and provide mitigation plans for naturally occurring gas odor control, design of gas collection systems • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste materials • Analyze hazardous materials onsite • Monitor methane gas emissions at Identified sites • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation • Review third -party reports and studies, and provide City staff with comments and recommendations On April 1, 2013, the City Council approved contracts with Geosyntec Consultants, Inc and Langan Engineering and Environmental Services, Inc to provide these services These contracts will expire on April 1, 2016, and the agreements allow for two one-year extensions Both of the contracts were approved with an amount not to exceed $1 million per contract and because significant funding capacity exists, an additional allocation for these services is not needed Development activity that the Departments process have increased tremendously Examples of significant current and upcoming projects that require environmental engineering services include, but are not limited to, the Hilton Hotel expansion, Pasea Resort and Spa, Pacific City residential projects, and many large residential projects In order to continue to provide the services required for these and other development projects approval of the attached contract amendments is recommended Environmental Status None Strategic Plan Goal Enhance and maintain public safety Attachments) 1 Amendment No 1 to Professional Services Contract between the city of Huntington Beach and Geosyntec Consultants, Inc for Environmental Consulting Services, and, 2 Amendment No 1 to Professional Services Contract between the city of Huntington Beach and Langan Engineering and Environmental Services, Inc for Environmental Consulting Services S f4 .0 Item 6. - 2 us -98- AMENDMENT NO 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC. FOR AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "CITY," and Geosyntec Consultants, Inc., a California corporation, hereinafter referred to as "CONSULTANT" WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated April 1, 2013, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC FOR AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES." which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the extended term of the Agreement, NOW, THEREFORE, IT IS AGREED by CITY and CONSULTANT as follows The term of the Original Agreement is extended for one year, such that the Agreement expires on April I, 2017 2 REAFFIRMATION Except as specifically modified herein. all other terms and conditions of the Original Agreement shall remain in full force and effect 16-5147/133197 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers CONSULTANT, CITY OF HUNTINGTON BEACH, GEOSYNTEC CONSULTANTS, INC. a municipal corporation of the State of California I: print name ITS (circle one) Chairman/President/Vice President 0". - 0 %d.f City Clerk V yl b print name ITS (circle one) Secretary/Chief Financial INITIATED AND APPROVED Officer/Asst Secretary - Treasurer Director of Public Works COUNTERPART 3 iL Fire Chief REV �Nl) APPROVED Ci n ger APPROVED AS 1"FORM ty/Attorney Vkco \\�, 16-5147/133197 2 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, GEOSYNTEC CONSULTANTS, INC. a municipal corporation of the State of California t name, ITS. (circle one Secre hiei Financial'' Officer/Asst Secretary -'Treasurer 16-5147/133197 Mayor it City Clerk INITIATED AND APPROVED: Director of Public Works _ - 1'44TOVIVA Fire Chief REVIEWED AND APPROVED. City Manager APPROVED AS ORM: City ttorney 2 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC. FOR AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "CITY," and Geosyntec Consultants, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated April 1, 2013, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES," which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the extended term of the Agreement, NOW, THEREFORE, IT IS AGREED by CITY and CONSULTANT as follows: 1. TERM The term of the Original Agreement is extended for one year, such that the Agreement expires on April 1, 2017. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 16-5147/133197 Y4 A� DF CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 3/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR'PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is anADDITIONAL INSURED, the pollcy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such-endorsement(s) PRODUCER Greyling Insurance Brokerage 3780 Mansell Road Spite 370 Alpharetta GA 30022 N ME "TACT Carly Underwood PHONE (770) 552-4225, FAQ (86611550-4082 EMAIL carly,underwood®greyling.com INSURERS AFFORDING COVERAGE NAIC4 INSURER National Union Fire Ins Cc 19445 INSURED Geosyntec Consultants, Inc. 1111 Broadway 6th Floor Oakland CA 94607 INSURFRBLiberty Insurance Corporation 42404 INSURERc New Hampshire Insurance Company 3841 INSURERDAIG Specialty Insurance Company 6883 INSURER INSURERF rnVFRenrA rFRTIFICATF NIIMRFR-l5-16 (Geosvntec CA) REVISION NUMBER. THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR OF INSURANCE L ADOTYPE S B POLICY NUMBER MM1OPOLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000 X COMMERCIAL GENERAL'LIABILITY ET RENTED PREMISES Ea occurrence $ 500,000 A CLAIMS -MADE FOOCCUR 5302659 /l/2615 /1/2016 MEDEXP(Any one person) S 25,000 PERSONAL BADVINJURY $ 1.0000000 X Contractual Liability GENERAL AGGREGATE S 2, OOO, O00 GEN'LAGGREGATE LIMIT APPLIES PER. PRODUCTS -CO:AROPAGG $ 2,000,000 $ POLICY X PRO X LOC AUTOMOBILE LIABILITY (EaCOMBINED SINGLE LIMIT 11000,000 BODILY INJURY (Per person) $ A X AN AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED 6403092 (ADS) /1/2015 /l/2016 A AUTOS, AUTOS _ NON -OWNED 6403093 (CA) /1/2015 /1/2016 PROPERTY DAh(AGE a nt $ HIRED AUTOS AUTOS $ X UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ 1000000000 AGGREGATE $ 10, 000, 000 B EXCESS LIAR CLAIMS MADE DIED I X I RETENTION$ 10,00 $ H7-651-291560-015 /1/2015 /1/2016 C WORKERS COMPENSATION 039901411 (ADS) /1/2015 /1/2016 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY ANY i� ( S! 11000,000 n r , EL'EACHACCIDENT; tt -- A OFFICERIMEMBER�EXC UDED4ECUTNEa (Mandatory In NH) NIA 39901412 (CA) /1/2015 /1/2016 EL DISEASE - EA EMPLOYEE 't S 11000,000 E L DISEASE - POLICY LIMIT $ 11000,000 It as, desa,L- under DESCRIPTION OF OPERATIONS belay D Professional Liability CPPS 1951904 /1/2015 /1/2016 peraa'm } ! $8,0000000 Contractors Poll: Liab. It Aggregate 1 I t $1000000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is re uired) The City of Huntington Beach, its officers, elected or appointed offgicials, employees, agenteZ& volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non-contributory where required,by written contract. Professional Liability Deductible: $10,000. rFRTIFICATF Hn1 nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 David Collings/CARLY ACORD 25 (2010105) INS025 (20IW5) oI ©1988-2010 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD APPROVED AS TO FORM PithRigi fBy: a409� pity Attorney CITY OF HUNTINGTON BEACH RECEIVED MAR 0 8 2016 Professional Service Approval Form Finance Department Amendment # 1 1 Date Requested 3/2/16 2 Contract Number to be Amended FIR 2016-15 3 Department Fire 4 Requested By Eric Engberg, Interim Fire Chief 5 Name of Consultant Geosyntec Consultants, Inc 6 Amount of Original/Prior Contract $1,000,000 7 Additional Compensation Requested $0 8 Original Commencement Date 4/1/13 9 Original Termination Date 4/1/16 10 Extended Date Requested 4/1/17 11 Reason for Contract Amendment Continuing to use this company for critical as-neded general environmental engineering services The attached RCA explains where funds are budgeted for the various projects that require the environmental engineering services provided by this firm (#13 below) c asing Approval Signature ate 12 Are sufficient funds available to fund this contract? Yes ® No ❑ 13 Business Unit and Obiect Code where funds are hudaeted Account number Contractual Dollar Amount Business unit object # Fiscal Year Fiscal Year Fiscal Year Fiscal Year $ $ $ $ $ $ $ $ Budget Approval Signature C — ,6. Depart ent Head Signat r Ci anager Approval Signature ,3�&t — Date z. Date 11D ate professional service approval form - amendment for geosyntec consultants, inc doc REV February 2015 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk March 22, 2016 Geosyntec Consultants, Inc 2100 Main Street, Ste 150 Huntington Beach, CA 92648 To Whom It May Concern Enclosed for your records is a copy of the fully executed "Amendment No 1 to Agreement ct Between the City of Huntington Beach and Geosyntec Consultants, Inc for As -Needed Environmental Engineering Services " Sincerely, all Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand Dept. ID FD13 003 Page 1 of 3 Meeting Date: 4/1/2013 ,f49go✓c2b 6 —U -/ �&,Weew�'o 10&rcv�) MEETING DATE: 4/1/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Patrick McIntosh, Fire Chief Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of four Professional Services Contracts for As - Needed General Environmental Engineering Services with Geosyntec Consultants, Inc., Langan Engineering and Environmental Services, Inc., E2 Managetech, Inc. and Pacific Advanced Civil Engineering, Inc., each in the amount of $1,000,000 with three-year terms Statement of Issue: The Fire and Public Works Departments require professional environmental engineering services on an as -needed basis. To provide these services, four qualified firms have been selected. Financial Impact: Funds would be made available from currently budgeted programs. Additional City Council authorization will be requested for unbudgeted projects, as necessary. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Geosyntec Consultants, Inc. for As -Needed Environmental Services;" and, B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Langan Engineering & Environmental Services Inc. for As -Needed Environmental Services;" and, C) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract 1' Between the City of Huntington Beach and for E2 ManageTech Inc. for As -Needed Environmental Sor � !; Services;" and, D) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Pacific Advanced Civil Engineering Inc. for As -Needed Environmental Services." Alternative Action(s): Do not authorize one or more of the contracts and provide staff with alternative direction. Analysis: The approved Capital Improvement Program (CIP) exceeds $23 million in fiscal year 2012/13. The CIP is composed of various projects, the majority in the transportation, water, sewer and park improvements categories. Many projects require the services of an environmental xB -85- Item 4. - I Dept. ID FD13 003 Page 2 of 3 Meeting Date: 4/1/2013 engineering.,, firm, to properly study, analyze, or design the project. Such on call services are established prior to their need as not to delay an awarded project. Since 2002, it has been the Public Works Department practice to maintain three to five contracts for both planned projects and emergency response. In addition, the Fire Department also uses these services for development project related activities, such as review of environmental impacts, investigation of subsurface gas anomalies, etc. In such cases, the majority of the cost would be paid by the developer in accordance with the current fee schedule. These four firms will replace recently expired contracts. Typical environmental services include: • Prepare, assist and review preliminary environmental studies • Review and prepare documentation in aspects of water discharge permits from regulatory agencies • Investigate and provide mitigation plans for naturally occurring gas odor control, design of gas collection systems • Process, coordinate and obtain various regulatory permits for removal and disposal of hazardous waste materials • Analyze hazardous materials onsite • Monitor methane gas emissions at identified sites • Investigate, review, design and provide operation and maintenance of hazardous waste/materials management and soil remediation • Review third party reports and studies, and provide City staff with comments and recommendations In compliance with Chapter 3.03 of the Municipal Code, proposals were requested and fifteen (15) firms responded. Representatives from city departments ranked the proposals based on qualifications, experience and references. Upon final review, it was determined that Geosyntec Consultants, Langan Engineering & Environmental Services, Pacific Advanced Civil Engineering, and E2 ManageTech will best meet the needs of the city. Each of the proposed contracts is for a three-year term with an amount not to exceed $1 million per contract. It is not anticipated that there would be a situation where these contracts would actually reach that level in the next 3 years however we are recommending this level because it is possible one may depending on the projects they are awarded. The estimated expenditures for each of the three years of the proposed contracts, and their funding sources, may include: $325,000 — CIP (Prop 42, Gas Tax, Water Fund, Sewer Fund, General Fund) $280,000 — Environmental/Water Quality Support Services ($250,000 General Fund) $120,000 — Development Project Services ($105,000 reimbursable, $15,000 General Fund) Approval of these contracts is recommended pursuant to City Council Resolution No. 2012-65, Section 8, which provides authorization for entering into professional service agreements for the completion of the Capital Improvement Program. Environmental Status: Not applicable. Strategic Plan Goal: Improve the City's infrastructure. Item 4. - 2 HB -86- Dept. ID FD13 003 Page 3 of 3 Meeting Date: 4/1/2013 ttachment s 1. Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As -Needed Environmental Engineering Services 2. Professional Services Contract between the City of Huntington Beach and Langan Engineering & Environmental Services, Inc. for As -Needed Environmental Engineering Services 3. Professional Services Contract between the City of Huntington Beach and E2 ManageTech, Inc. for As -Needed Environmental Engineering Services 4. Professional Services Contract between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. for As -Needed Environmental Engineering Services HB -87- Item 4. - 3 ATTACHMENT #1 Item 4. - 4 HB -88- 1, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 �S PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC FOR AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents Scopeof Services.....................................................................................................I 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...............................................................4.......................6 Assignment and Delegation.........................................................4........4...................6 Copyrights/Patents.......................................................................4....................6......7 City Employees and Officials........................................................................ 6.........7 Notices............................................................... 4 .........................7 Consent.................. ................... ....... ........... ...................... ........... .....:...................... 8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement ................. ....... ............ :......... ................................ 8 DuplicateOriginal......................:..................................::.........................................9 Immigration............................................................................................... 4 ... 4.6 ........ 9 Legal Services Subcontracting Prohibited...................................6.......................4....9 AttorneysFees..................................................................................4.......................10 Survival........ ................... 6— ............. 4 ..... ............. 4 ................ 4 ......... 4............ 6 ....... 6 ....10 GoverningLaw.........................................................................................................10 Signatories............................................................................................ 6....................10 Entirety.......................................................................................... 4 ............. 4.............10 EffectiveDate................................................................. 6 ..... 6 .... 4....11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC. FOR AS -NEEDED ENVIRONMENTAL 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 Geosyntec Conusltants, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as -needed environmental 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 Eric Smalstig, P.E. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfneVprofessional svcs mayor 1 of 11 10/12 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on M4&-- Ol , 20/ (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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed one million Dollars ($1,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such 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." agree/ surfneUprofessional svcs mayor 2 of 11 10/12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are 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 agree/surfnet/professional svcs mayor 3 of 11 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnetlprofessional svcs mayor 4 of 11 10/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 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 agree/ surfnet/professional svcs mayor 5 of 11 10112 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. 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 I 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 agree/ surfnedprofessional svcs mayor 6 of 11 10112 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: Terri Elliott Principal Civil Engineer or Bill Reardon Fire Marshal 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Geosyntec Consultants, Inc. Attn: Eric Smalstig, Principal 2100 Main Street, Suite 150 Huntington Beach, CA 92648 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 agree/ surfncUprofessional sves mayor 7 of 11 10/12 unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 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 agrees surfut/professional sves mayor 8 of 11 10112 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 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. 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties.also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professionalsvesmayor 9 of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professionalsvcsmayor 10 of 11 10/12 CONSULTANT, Geosyntec Consultants, Inc. COMPANY NAME By: t � �A L40-7 print name ITS: (circle one) Chairman/Presiden ice President h IT:4circle one) Secretary - Treasur CITY OF HUNTINGTON BEACH, a municipal corporation of the State of C rnia o Mayor Fire Chief APPROVED: Manager APPROVED AS TO FORM: ,�-A City Atto ey nn U -,1_ 19-. / `i agree/ surfnedprofessional Svcs mayor 11 Of 11 10/12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an "as -needed" basis for general engineering, landfill and gas, hazardous waste material and water quality projects to be determined during the term of this agreement. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. City shall issue task orders for each project based upon the scope of serices, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach As -Needed Environmental Engineering Serivices Scope of Work shown in Exhibit A.1. Detailed services shall include but is not limited to the following scope of work shown in Exhibit A.2. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualificaitons of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A Exhibit A.1 City of Huntington Beach On -Call Environmental Engineering Services Scope of Work In general, the Consultant shall perform environmental engineering services on an "on call or 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: General ♦ Prepare, assist, and review Preliminary Environmental Study (i.e., Noise Study Report, Air Quality Report, Historic Property Survey, Biological Resources, Archaeological Survey Report, etc.); ♦ Review and prepare plans, specifications, cost estimates, and contract documents; ♦ Perform field investigations; ♦ Provide site assessment and preliminary studies; ♦ Prepare and review engineering evaluation and cost analysis reports; ♦ Prepare and review technical and research studies; ♦ Process, coordinate, and obtain various Federal, State and Local regulatory permits; ♦ Process and review Grant and Federal Funding Applications. Water Quality ♦ Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable regulatory agencies; ♦ Assist in sampling of dry weather runoff at various storm drain systems that will divert runoff to local sanitation district; ♦ Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; ♦ Perform water quality testing and sampling; ♦ Assist in reviewing, evaluating, and recommending various storm water pretreatment systems and develop water quality best management practices; ♦ Provide routine wastewater odor control and monitoring; ♦ Manage, monitor, and develop wetland natural treatment systems; ♦ Assist in preparing and/or reviewing watershed action plan. Landfill & Gas Anomaly ♦ Prepare methane gas mitigation plans; ♦ Provide routine methane gas monitoring; ♦ Provide maintenance and inspection of active gas collection systems; ♦ Investigate and provide mitigation plan for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systems; ♦ Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material ♦ Provide contaminated site evaluation; ♦ Provide mitigation plan for waste handling and disposal; ♦ Investigate, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; ♦ Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; ♦ Perform and prepare Phase I (Initial Site Assessment) or Phase 11 Reports. In general, the consultant shall perform environmental engineering services on an "as -needed" basis for various projects assigned by the City. The scope of work for any one project may involve ail phases of project development and may include but not be limited to the following: Monitoring and Inspections Perform maintenance, monitoring and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies. Provide testing and sampling of various constituents and media. Studies and Reports Prepare reports and studies that utilize sound practical environmental engineering analysis and principles. ® Prepare documentations that comply with applicable regulatory agency requirements for permitting. Review 3rd party reports and studies, and provide City staff with comments and recommendations. Grant Applications Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engineering o Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative. o Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits o Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage ® Assist the City in answering bidders' questions, attend pre -bid conferences and job walks, prepare addenda, and analyze bids. 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, construction manager/contractor administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittal, and the review and negotiation of change orders. ® Prepare "as -built* drawings. Special Requirement: Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Exhibit A.2 Ill METHODOLOGY Implementation Plan In this section we describe an implementation plan for a typical environmental engineering- project. Geosyntec generally implements a project in four main steps: ® Project Initiation; ® Proposal Preparation; ® Project Execution; and ® Project Completion and Follow -Up. Project initiation - in our experience with the City, the typical first step for a project is for the City to call our Project Director, Eric Smalstig, and our Project Manager, Adam King, to discuss the new project or task. The City and Geosyntec usually collaborate on a "scoping session" where details of the City's objectives, specifics of the work, and the schedule for the project are discussed. Please note that Geosyntec is happy to provide this scoping assessment whether or not the project/task is subsequently competitively bid amongst the City's qualified on -call consultants. Geosyntec will make sure there is a clear understanding of the project aspects including the role of the City, The City may decide to act in a supervisory position or be more involved in the day-to-day operation of the project and rely primarily on Geosyntec for technical peer review, advice and support, as is currently performed on many projects with the Fire Department. Eric Smalstig and Adam ling will assemble a Project Team tailored to the technical aspects of the project. It should be noted however, that over the past several years Geosyntec has offered a consistent project team dedicated to the City's project needs. Consistent project staffing will allow Geosyntec professionals to establish solid working relationships with City project managers, developing a keen understanding of their most important service expectations and needs. Proposal Preparation - at the direction of the City project manager, Geosyntec will prepare a proposal for the project/task. The format and level of detail of the proposal will be commensurate with the, complexity, size and nature of the project which may range from an e-mail to a more substantial submittal. Regardless of format, minimum proposal requirements include a sufficient description of the work to be performed, the schedule and the estimated cost. Schedules may be prepared using Microsoft Project or may be as simple as stating the duration of a given task. Appropriate time will be included to allow for City review and comment on project/task deliverables (including the proposal itselfl, Cost estimates are typically prepared using Microsoft Excel spreadsheets and can be provided in varying levels of detail at the request of the City. Cost estimates will include direct and subcontracted costs for the project, as needed. Proposals will be submitted in draft for City review. City review comments will be discussed and included in a final proposal. Project Execution - if the project/task is approved by the City, detailed formal work plans will be prepared only if required by regulatory agencies or requested by the City. If required, the formal work plan will provide a framework for the executing the project tasks and related schedule. As an alternative to, and to streamline the formal work plan process, Geosyntec and the City project/task manager may elect to use the plan for execution of the work contained in the proposal as the guiding document. During project execution, should changes arise, any deviations from the scope, schedule, or cost estimate will first be discussed with and approved by the City before implementation. Project Management - during project execution will include tracking project task advancement, project expenses and schedule. These data will be reported to the City on a regular basis or as requested by the City. In addition, especially due to our location across the street, Geosyntec will meet regularly with the City to discuss project status and issues as identified. Specific controls used for project management are highlighted in the following section. Project Completion Follow -Up - once the project has been completed, Geosyntec will contact the City to confirm that the work was satisfactorily completed and to remind the City of potential follow-up and/ or maintenance requirements or considerations. If necessary, Geosyntec will develop a project follow-up sheet which lists some possible actions which could be considered by the City to further benefit the project and confirm project approval by other stakeholder or regulatory agencies (see Stakeholder Coordination below). Project Controls Geosyntec uses several controls to monitor and maintain project quality and compliance with project schedule and budget. Geosyntec groups these controls into four primary categories as follows: o Cost Controls; o Schedule Controls; o Communication; and ® Peer review. _ Cost Controls - We recognize that cost savings and cost control are important issues for the City. We strive to provide all our clients with cost effective strategies that begin in the planning stages of the project. During the initiation phase, we will discuss with the City their expectations with regard to budget and deliverables to develop a project strategy that meets or exceeds the budget expectation. In our experience, up front planning, building on similar project experience, and staff dedication to working efficiently are the most important ingredients to overall cost control on projects. We use a Work Breakdown Structure (WBS) to assign budgets and schedules for each component task. We use commercially available BST® cost tracking software to track direct project costs, indirect costs, labor, subcontractors by project, task, and subtask. BST® supports WBS for each project. Costs are As Needed G�neral;Enuironmental Cngineenng S rvices foC the City or Himf ngton9Beach rue Departrtient 12' tracked corporate -wide for labor, subs, materials and supplies, other direct costs, and indirect costs. Standardized weekly reports are issued and support earned -value reporting requirements. Schedule Controls - Geosyntec has extensive cost and schedule preparation experience and capabilities, including providing this service on some of our competitor's projectsl The firm uses these management systems as required by project requirements and clients' specifications. Geosyntec uses widely recognized and adopted planning cost and schedule control management systems including Microsoft Project, Suretrack; and Primavera. Our experience has shown that these tools provide invaluable support during execution of large, complex projects. Task durations, task dependencies, and task, budgets can be linked to the schedule, which is typically prepared using Microsoft Project. Please note that small projects/tasks may be accomplished without the assistance of such powerful resource tracking tools. Project managers will update the schedule and associated budgets regularly during execution of the work. Project managers will regularly report to the City on project achievement and use observed and potential variances to institute appropriate project management measures and provide for successful completion of the project. Communication - formal and informal meetings and frequent information transfer to the client are important elements of project control, quality, and success. An integral part of the Geosyntec project management approach is frequent and timely client interaction. Managers will meet regularly with the City to discuss project needs, plan work, review activities and progress, accept deliverables, and interact with other project participants. Located across the street from City Hail, it is extremely convenient to hold face-to-face meetings even on short notice or in emergency situations. Peer Review - Geosyntec conducts independent reviews of -work in progress and final work products in accordance with Geosyntec's internal Quality Assurance (QA) program. Dr. Bert Palmer, in his role as Principal -in -Charge, has the responsibility of ensuring quality deliverables are transmitted to the City. The Project Manager will institute a schedule for peer reviews and senior reviews of project work. Calculations, drawings, and all deliverables will undergo reviews for accuracy and completeness. The Project Manager will assign an appropriate peer reviewer to check that all project personnel understand the project quality assurance requirements, if needed. This individual will also have the responsibility to review QA documentation provided by project professionals. Stakeholder Coordination Based on our previous project experience with the City, Geosyntec understands that many of the City's projects involve coordination amongst internal City staff and departments and/or external stakeholders. External stakeholders may include developers, businesses, residents or regulatory entities such as the Orange County Health Care Agency, the Santa Ana Regional Water Quality Control Board, or other county agencies such as OC Parks, Waste & Recycling, OC Public Works or Watersheds and Coastal Resources. Golden west Emerggency Response On multiple public and private sector projects, including several that we have performed with the City Fire Department and Public Works, Geosyntec is experienced at coordinating negotiations and discussions between external stakeholders and the City. A key example of stakeholder coordination for the City Department of Public Works involved Geosyntec's work with the NPDES MS4 inspection process. Geosyntec personnel successfully visited over 450 business operations within the City to educate them regarding surface water. quality issues and inspect the premises. Typical strategies involve listening to and understanding stakeholder requests, requirements or concerns. The relationship between stakeholder issues and project components such as regulatory compliance, protection of human health and the environment, cost or schedule are evaluated to develop potential path forward options and guide decision making. Geosyntec is also experienced in providing presentations or briefings to internal City stakeholders on technical or regulatory topics related to engineering or environmental projects to support the City's decision making process, as well as providing support to or representing our clients at public hearings. Geosyntec is also tuned to changes in regulatory requirements or emergent issues related to water quality, hazardous materials or related environmental matters. Geosyntec evaluates how these changes or emergent issues may affect clients, including the City, so that proactive strategies can be developed. r As Needed &' al Environmental Engineenng Services for the City of Huntington Beach Fue,Departroent 14 _ 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: B. Travel Charges for time during travel are not reimbursable. C. Bil_ ling 1. All billing shall be done monthl in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule, of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 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 Exhibit B.1 - Proposed Hourly Fee Schedule B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit 11A1° 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. 1 Exhibit B Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXt-llBIT B.1 ® ® • a a®• o Engineer/Scientist Rate/Flour Staff Professional 1 $ 98 Staff Professional 11 $119 Senior Staff Professional $136 Professional $157 Project Manager $170 Project Professional $180 Senior Professional $203 Associate $224 Project Director $235 Principal $240 Construction Services Engineering Technician l $ 71 Engineering Technician II $ 77 Senior Engineering Technician 1 $ 89 Senior Engineering Technician 11 $ 99 Site Manager I $105 Site Manager II $110 Design, Graphical, and Administrative Services Designer $131 Senior Drafter/Senior CADD Operator $115 Drafter/CADD Operator/Artist $ 99 Admin Assistant/Tech Word Processor $ 63 Clerical $ 53 General Direct Expenses Cost plus 12% Subcontract Services Cost plus 15% Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $ 24 Personal Automobile (per mile) I Current IRS Rate Photocopies (per page) is .10 Rates are valid for a period of three (3) years from contract award Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. When necessary Geosyntec will provide a modified rate schedule to address prevaling wage requirements. As;N?ededp,General'Ensirorimentai Engiiieenmgl5ervices for;tl e City of Huntington Beach, FireYDe�artmeni� Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and -payment schedules. 2: - 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. 3. - CONSULTANT shall submit to CITY an invoice for each monthly progress 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. 4. 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 B A� ® CER Y IFICA 1 E OF LIABILITY INSUR ANCE DATE(MMIUDIY 3/12/2013 THIS CERTIFICATE IS ISSUED'AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - Greyling Insurance Brokerage 450 Northridge Parkway g y CONTNAME: Jerry , y Jer No ola PHONE ('7J0)552-4225 =No;(B66)550^40B?. E-MAIL ADnRsss:7erry,noyola@greyling.com Suite 102 Atlanta GA 30350 INSURER(5) AFFORDING COVERAGE NAIC a INSURERA:Chartis Specialty Insurance 26883 INSURED Geosyntec Consultants, Inc. 1111 Broadway 6 th Floor Oakland CA 94607 INSURER B : ^ INSURERC: INSURER D : INSURER E : INSURER F: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSRPOLICY SUOR NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMr DfYYYY - LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY A PR Ea occurrence 5 CLAIMS -MADE F-IOCCUR - MED EXP (Any one person) S PERSONAL & ADV INJURY 5 GENERAL AGGREGATE __ 5 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO, LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea -accident S BODILY INJURY (Per person) —'-" S ANY AUTO ALL OWNED SCHEDULED AUTOS j)L: iJ SI%� . � ^•h•.f." �"' "I- ' �^- BODILY INJURY (Per accident) -" $ NAUTOSON OWNED HIRED AUTOS AUTOS ;.,1, -�(..)\/ I r. il'�.. PROPERTY DAMAGE der accident} A __ .$ ,"ll' UMBRELLA LIAR OCCUR •/ j?" 1�} 1;:;,.;`?n '. , f't.. '�- - EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE ..11.1`�c i k� ( AGGREGATE S DED I I RETENTIONS 5 `�•I. WORKERS COMPENSATION I WC STA` OTH- AND EMPLOYERS' LIABILITY Y I N E.L. EACH ACCIDENT S ANY PROPRIETORIPARTNER]EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N I A E.L DISEASE - EA EMPLOYE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ - .DESCRIPTION OF OPERATIONS below - A Professional Liability COPS 1951904 9/1/2012 9/1/2013 perClaim/ $8,000,000 Contractors Poll. Liab. Aggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: As -Needed Environmental Engineering Services. Professional Liability Deductible: $10r000. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below. City of Huntington Beach Terri Elliott, Principal Civil Engineer 2000 Main Street Huntington Beach, CA 92648 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE Ormaza/JERRX ©1988-2010 ACORD CORPORATION. All rights reserved_ 111 INSn28 rom nn5l of Thn Arnon nmma and 3nnn nra raniefarari m>rkc of znn;2n ��i!��gTIP�GTQ CITY OF OBEACH Professional Service Approval 11'co� x\ __ orm PART I Date: 11/1/2012 Project Manager Name: Bill Reardon Requested by Name if different from Project Manager: N/A Department: Fire PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for4-1-r , reemenf— -----_._� To provide as-needed.general environmental engineering service . The expenditure for these services is full reimburse 3-by theevevel-ope os neu ra - 2) Estimated cost of the services being sought: $ 266,000 ($76,000 in Year 1 and $95,001Q_Years 2 and 3) 3) Are sufficient funds available to fund this contract? ❑ Yes ® No If no, please explain: An additional allocation will be requested from the City Council for this three-year agreement ($76,000 for FY 2012/13). 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) _ 'Yes ❑ No Manager Signature 11---6 Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): B dget Approval Department'Head Signature(s) inance's Signature City Manager's Signature ate Date Z- J'ate Z Date /�,���NTurcr`oNCITY OF HUNTINGTON BEACH I'ti 9 Professional Service Approval ForM RECEIVED s ._cF�,oUNT�.gGPiol'I PART iA MAR 13 2013 Date: 3/13/2013 Project Manager: Bill Reardon Requested by Name if different from Project Manager: N/A Department: Fire PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Geosyntec Consultants, Inc 2) Contract Number: FIR 2013-15 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ NTE 1,000,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. 34 q kd3 Budget proval S ature D to U-�.. 3 Die,r,ebi of Fina a (or designee) Signature Date Bid Results for Project As Needed Environmental Engineering Services (2013-10) Issued on 01/10/2013 Bid Due on January 31, 2013 4:00 PM (Pacific) Bidder Info Vendor Name Converse Consultants Dudek E2 ManageTech, Inc. Environmental Engineering & Contracting, Inc. Geosyntec Consultants Langan Engineering & Environmental Services Leighton Consulting Inc Pacific Advanced Civil Engineering, Inc. Partner Engineering and Science Stantec Consulting Services Inc Stearns, Conrad, and Schmidt, Consulting Engineers, Inc. Stratus Environmental, Inc. Tetra Tech UltraSystems Environmental (DBE/WBE/SBE) WorleyParsons Group Inc. Address 185 E Paularino Ave Ste B 605 Third Street 12396 World Trade Dr., Suite 314 501 Parkcenter Drive 2100 Main Street, Suite 150 32 Executive Park, Suite 130 17781 Cowan 17520 Newhope St Ste 200 19782 MacArthur Blvd., Ste. 230 290 Conejo Ridge Ave 3900 Kilroy Airport Way Suite 100 5412 Bolsa Ave., Suite G 17885 Von Karman Ave Suite 500 16431 Scientific Way 17330 Brookhurst Street, Suite 100 City Costa Mesa Encinitas San Diego Santa Ana Huntington Beach Irvine Irvine Fountain Valley Irvine Thousand Oaks Long Beach Huntington Beach Irvine Irvine Fountain Valley State ZipCode CA 92626 CA 92024 CA 92128 CA 92653 CA 92648 CA 92614 CA 92614 CA 92708 CA 92612 CA 91361 CA 90806-6816 CA 92649 CA 92614 CA 92618 CA 92708 Respondee Respondee Phone Respondee Email Laura Tanaka 714-444-9660 Ext. 110 Itanaka@converseconsultants.com Emily Hart 800-450-1818 RFP@dudek.com Daryl Hernandez 858-217-5306 dhernandez@e2managetech.com Mark Zeko 714-667-2300 Ext. mzeko@eecworld.com Eric Smalstig 714-465-1219 Ext. esmalstig@geosyntec.com Julie Frankel 415-955-5279 jfrankel@langan.com Kris Lutton 949-681-4203 Ext. klutton@ieightongroup.com Bruce Phillips 714-481-7231 Ext. bphillips@pacewater.com Sean Rakhshani 800-419-4923 Ext. srakhshanl@partneresi.com Steven Brady 805-719-9325 Ext. steven.brady@stantec.com Kevin Green 562-426-9544 Ext. 3029 kgreen@scsengineers.com Stratus Environmental, Inc. 714-622-3912 Ext. hames@stratusinc.net James Walker 949-809-5216 Ext. james.walker@tetratech.com Betsy A. Lindsay 949-788-4900 Ext. 227 blindsay@ultrasystems.com Ralph Beck 714-849-9601 Ext. Ralph.Beck@WorleyParsons.com Awarded Awarded Awarded Awarded City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk April 3, 2013 Geosyntec Consultants, Inc. Attn: Eric Smalstig, Principal 2100 Main Street, Ste. 150 Huntington Beach, CA 92648 Dear Mr. Smalstig: Enclosed for your records is a fully executed duplicate original of the "Professional Services Contract Between the City of Huntington Beach and Geosyntec Consultants, Inc. for As -Needed Environmental Engineering Services." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agnntltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand