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HomeMy WebLinkAboutHarris & Associates - 2008-11-17Y4R41.vs, ?C10 Dept. ID PW 14-007 Page 1 of 2 Meeting Date: 1/21/2014 ,�i�odEd � - o CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 1/21/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No. 2 to extend Professional Service Contract with Harris & Associates to complete design services for a Public Works oroiect Statement of Issue: An amendment to a Professional Service Agreement with Harris & Associates is required to increase contract time to complete design services for a Public Works project. Financial Impact: The amendment is only to allow for additional time to complete an on -going project. Funds are available in Water Fund, Well 8 GAP, Account No. 50691024.82100. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and Harris & Associates," to extend the existing professional service contract for two additional years. Alternative Action(s): Do not approve and direct staff on how to proceed. Analysis: Every few years, Public Works Engineering Staff solicit proposals from engineering firms for as -needed civil engineering services primarily for the purpose of preparing construction plans and specifications for a portion of the projects identified in the Capital Improvement Program in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. The term of the agreements is typically three years from the Council award date. Although staff does its best to align expected design schedules with the terms of the consultant agreements, there are circumstances such as availability of grant funds that result in project completion going past the contract terms. The following is a summary of pending work that is expected to overlap past the term of the existing contract with Harris & Associates (Harris), which expired on November 17, 2013. Harris has been assisting the City with a long-term project to convert water Well No. 8 for irrigation use at Central Park, Sports Complex, and Murdy Park. On November 7, 2011, the City Council approved Amendment No. 1 to extend the contract to November 17, 2013. Shortly afterward, due to the necessity to evaluate the feasibility of using non -potable water from Talbert Lake in Central Park for park irrigation, this Well No. 8 irrigation project was temporarily put on hold. Since then, it was determined it is not feasible to pursue the use of Talbert Lake water for irrigation. Accordingly, the Well No. 8 irrigation project is now scheduled for final design. HB -161- Item 9. - I Dept. ID PW 14-007 Page 2 of 2 Meeting Date: 1/21/2014 The contract with Harris expired on November 17, 2013. Therefore, in order to finalize the construction documents and provide assistance during the construction phase for various Public Works Department projects, it is necessary to amend the contract to extend the term. The original Amendment No. 1 includes a task to complete preliminary engineering design for the intersection widening at Brookhurst Street and Adams Avenue. This task order is substantially complete and final invoice payment is expected to occur shortly. Public Works Commission Action: Not required for this action Environmental Status: Not applicable for this action Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. "Amendment No. 2 to Agreement Between the City of Huntington Beach and Harris & Associates" Item 9. - 2 HB -162- AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRIS & ASSOCIATES 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 HARRIS & ASSOCIATES, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And Harris & Associates For As -needed Engineering Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant executed, and the City Council approved, Amendment No. 1 to extend the term of the Original Agreement to November 17, 2013, and City and Consultant wish to extend the Term of the Original Agreement for two (2) additional years in order to provide for the performance of additional tasks by Consultant, additional tasks being the long term Capital Improvement Project to convert Well 8 into an irrigation well, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM The term of the Original Agreement is hereby extended for two (2) additional years. The Original Agreement shall now expire on November 17, 2015. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 134011/103142 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California print name `� ITS: (circle one) Chairman/Presiden ice Preside A By: Al �n- ITS: (circle one Secretary Chief Financial Officer/Asst. Secr reasurer irector of Public Work APPROVED AS TO FORM: Ci Attorney ilAkgH3 (--)-(3 M 13-4011/103142 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92 648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 23, 2014 Harris & Associates 120 Mason Cr. Concord, CA 94520 To Whom It May Concern Enclosed for your records is a duplicate original of the "Amendment No. 2 to Agreement Between the City of Huntington Beach and Harris & Associates." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714536-5227) Council/Agency Meeting Held: //- 7 — Deferred/Continued to: *Approy,!�_, ❑ Conditionally Approved Council Meeting Date: November 7, 2011 l D E ID Number: PW11-058 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of contract extension Amendments to Professional Services Contracts with AKM Consulting Engineers, Harris & Associates, and Psomas to complete design services for various Public Works projects Statement of Issue: Amendments to Professional Services Agreements with AKM Consulting Engineers, Harris & Associates, and Psomas are required to increase contract time to complete design services for various Public Works Department projects. Financial Impact: Amendments are only to allow for additional time to complete various on -going projects. All three original contracts allow for sufficient funding to complete projects. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and AKM Consulting Engineers", to extend the existing professional service contract for 1 additional year; and, Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and Harris & Associates", to extend the existing professional service contract for 2 additional years; and, C) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and Psomas", to extend the existing professional service contract for 1 additional year. Alternative Action(s): Do not approve and direct staff on how to proceed. Item 4. - 1 HB -60- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: PW11-058 Analysis: Every few years, Public Works Engineering staff solicits proposals from engineering firms for as -needed civil engineering services primarily for the purpose of preparing construction plans and specifications for a portion of the projects identified in the Capital Improvement Program in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. If the agreements are approved by City Council, the term of the agreements is typically 3 years from the Council award date. Although staff does its best to align expected design schedules with the terms of the consultant agreements, there are circumstances such as availability of grant funds that result in project completion going past the contract terms. The following is a summary of pending work that is expected to overlap past the term of the existing contracts with AKM Consulting Engineers (AKM), Harris & Associates (Harris), and Psomas, which are set to expire on November 17, 2011. In 2009, AKM began assisting the City with identifying and evaluating design alternatives for the Warner Avenue Gravity Sewer Project to assure that the re -design of this project had the least amount of impacts. Shortly thereafter, the final design for the project was put on hold due to the uncertainty of the annexation of Sunset Beach. Annexation was important since there was a possibility that the sewer system in this area would become County's responsibility and would have to be designed to County standards if Sunset Beach remained County land. In late 2010 after it became apparent that Sunset Beach would be annexed, the City issued a Notice to Proceed to AKM to provide final design, which includes the replacement of Lift Station "C" as well as the gravity sewers upstream and downstream. In 2010, Harris began assisting the City with preliminary engineering design for the intersection widening at Brookhurst Street and Adams Avenue. Since this project was determined to require an Environmental Impact Report (EIR), Harris is not able to complete its work until the EIR is complete. Completion of the EIR, by another consultant, is expected in late 2012 and completion of Harris' scope of work expected in early 2013. In addition, Harris is also preparing a traffic analysis for the intersection at Bushard Street and Adams Avenue. The funding for this project was only recently approved by the Orange County Transportation Authority, thus additional time is required to complete this effort. Finally, Harris has also been assisting the City with a project to convert water Well No. 8 for irrigation use at Central Park, Sports Complex, and Murdy Park. Harris is currently working on the final design of these plans. In 2009, Psomas began assisting the City with the 2010 Urban Water Management Plan (UWMP) and the Water Master Plan (WMP) update. Since some of the important information contained in the WMP is dependant on the information from the UWMP, the WMP must follow the UWMP, which was completed on June 1, 2011. Due to the additional time needed to complete the 2010 UWMP, the Psomas' contract requires an extension of time in order to complete the WMP. All three current contracts with AKM, Harris, and Psomas expire on November 17, 2011. Therefore, in order to finalize the construction documents and provide assistance during the construction phase for various Public Works Department projects, it is necessary to amend all three contracts to extend the term. Public Works Commission Action: Not required for this action xB -6 1- Item 4. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: PW11-058 Environmental Status: Not applicable for this action Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): Item 4. - 3 HB -62- ATTACHMENT #2 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRIS & ASSOCIATES 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 HARRIS & ASSOCIATES, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And Harris & Associates For As -needed Engineering Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for two (2) additional years in order to provide for the performance of additional tasks by Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM The term of the Original Agreement is hereby extended for two (2) additional years. The Original Agreement shall now expire on November 17, 2013 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 11-3078/71364.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. HARRIS & C, TES CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California s►ll "print name ITS: (circle one) Chairman/Preside ice Pr tse den 5-f— r print name INITIATED AND APPROVED: ITS: (circle on Secretar Chief Financial Officer/Asst. Secretary - Treasurer irector of PublicWorks REVIEW APPROVED AS TO FORM: APPROVED: SD --. C ty anager S�Cfttorney- j 2 11-3078/71364 f •�•� I` � f� �i \l. � �� _> �/$ J � �I � .'^ i. ICI Professional oj s••Service Approval • Amendment - 1. Date Requested: 9/22/2011 2. Contract Number to be Amended: 3. Department: Public Works 4. Requested By: Todd Broussard 5. Name of Consultant:. HARRIS & ASSOCIATES 6. Amount of Original/Prior Contract: $2,000,000 7. Additional Compensation Requested:-$0 8. Original Commencement Date: November 17, 2008 9. Original Termination Date: November 17, 2011 10. Extended Date Requested: November 17, 2013 11. Reason for Contract Amendment: Harris needs to complete the Brookhurst Street and Adams Avenue engineering efforts. Project has been delayed pending completion of an EIR which is being prepared by a separate consultant. Harris also needs to complete a traffic analysis at Adams and Bushard. This was an OCTA grant that was only recently approved. Harris also needs to complete long term Well 8 conversion to irrigation project. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 87390002.69365 50691024.82100 87390006.69365 f; f. Department Head Signature Director of Finance (or designee) Signature I& Council/Agency Meeting Held: Deferred/Continued to: �§-App oved_ ❑ o tionaA Approve ❑ Denied rP 'Ci I Sign re Council Meeting Date: 11/17/200871 Department ID Number: PW 08-73 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR UBLIC WO K SUBJECT: Approve Professional Services Contracts for As Needed Civil Engineering Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires professional civil engineering services on an as needed basis to support staff for the design and construction of capital improvement projects. Funding Source: Funds are available within the budgeted capital improvement projects. Additional City Council authorization will be requested for unbudgeted projects if necessary. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and AKM Consulting Engineers for As -Needed Engineering Services; 2. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Boyle Engineering Corporation for As -Needed 3. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Harris & Associates for As -Needed Engineering Services; 4. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Lee & RO, Inc. for As -Needed Engineering Services; 5. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and PSOMAS Consulting Engineers for As -Needed Engineering Services; and 6. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and VA Consulting, Inc. for As -Needed Engineering Services. i REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/17/2008 DEPARTMENT ID NUMBER: PW 08-73 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 up to one year. Analysis: The City's Capital Improvement Program (CIP) exceeds $38 million in Fiscal Year 2008/09. Additionally, $15 million of continuing appropriations for projects approved last year will be brought forward into the new fiscal year. Transportation, water, sewer and park improvements are the largest expenditure categories. Projects include street, sewer, and water improvement projects. Design for these projects is assigned to firms specializing in these disciplines, as it is not possible to complete this large workload with just city staff. It is in the City's benefit to retain qualified firms for capital improvement project design and engineering. The contract would be for a three-year term with task order assignments awarded such that they do not exceed the specified duration and the dollar amount of the contract. Project assignments are rotated 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. Thirty-four J34) proposals were received, and ranked based on qualifications listed in the proposals. The proposed new contracts allow for a three-year term with a total not to exceed $2 million per contract. Funding sources will be from capital improvement project accounts, using the approved project budgets. Public Works Commission Action: Not required. 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-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. Environmental Status: Not Applicable. -2- 11/3/2008 4:18 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/17/2008 DEPARTMENT ID NUMBER: PW 08-73 Attachment(s): • • 0 ® 0 O 1. Professional Services Contract between the City of Huntington Beach and AKM Consulting Engineers for As -Needed Engineering Services 2. Professional Services Contract between the City of Huntington Beach and Boyle Engineering Corpfor As -Needed En ineerin Services 3. Professional Services Contract between the City of Huntington Beach and Harris & Associates for As -Needed En ineerin Services 4. Professional Services Contract between the City of Huntington Beach and Lee & RO, Inc. for As -Needed Engineering Services 5. Professional Services Contract between the City of Huntington Beach and PSOMAS for As -Needed Engineering Services 6. Professional Services Contract between the City of Huntington Beach and VA Consulting, Inc. for As -Needed Engineering Services -3- 11/3/2008 4:18 PM City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Cleric November 21, 2011 Harris & Associates 120 Mason Cr. Concord, CA 94520 To Whom It May Concern: Enclosed for your records is a copy the "Amendment No. 1 to Agreement Between the City of Huntington Beach and Harris & Associates." Sincerely, Favr�/ A � fF Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand ATTACHMENT #3 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRIS & ASSOCIATES FOR AS NEEDED 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 HARRIS & ASSOCIATES, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide engineering services on an "as needed" basis; 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, on an "as -needed" basis, engineering services such as the itemized tasks set forth in Exhibit "A," which is attached hereto and incorporated by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." All engineering services shall, prior to the commencement of any work, be set forth in a written Scope of Work to be provided by CITY in advance of each PROJECT. CONSULTANT hereby designates Randall Berry, P.E., who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 08-1814.003/26550 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 20 0 (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 3 years from the Commencement Date; however, if any tasks are not completed 3 years from the Commencement Date, the parties may mutually agree to extend this Agreement for such time as is necessary to complete such tasks. In no event shall this Agreement be extended more than two additional years from the original termination 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. In the event the Commencement Date precedes the date of final execution, 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 Two Million Dollars ($2,000,000.00). 08-1814.003/26550 2 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 Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS 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 kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) 08-1814.003/26550 3 negligence, recklessness or willful misconduct 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. 08-1814.003/26550 4 CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from 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. 08-1814.003/26550 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 08-1814.003126550 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; 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: Harris & Associates Attn: Randall Berry, P.E. 120 Mason Circle Concord, CA 94520 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. 08-1814.003/26550 7 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 parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 08-1814.003/26550 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 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, 08-1814.003/26550 9 each party shall bear its own attorney's fees, such that 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. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement 08-1814.003/26550 10 between the parties respecting the subject matter of this 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 Akyem jj- , 20 Or. HARRIS & ASSOC ATES f By: / David T. Seevers. PE. Vice President print name ITS: (circle one) Chairman/Presiden ice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califo 4 Mayor ity Clerk (o INITIATED AND APPROVED: irector Public W ks APPROVED AS TO APPROVED AS TO FORM: E- - City Attorney 08-1814.003/26550 11 Page 1 of 2 CERTIFICATE OF THE PRESIDENT OF HARRIS & ASSOCIATES, INC. Authorization to Enter into Contacts Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California corporation ("Company"), and the delegation of authority by the Board of Directors of the Company, to the President, the undersigned, as. President, hereby authorizes the individuals named below to have the authority, in the amounts set forth below, to enter into contracts, proposals; and cost proposals, and to incur obligations. Authority to enter into contract amendments is subject to the same limits set forth below, based on the amount of the original contract. These individual authorities shall remain in effect until the designated individual's employment or position is terminated, or the signing authority is revoked, changed or amended by a duly executed Certificate of the President. Contracts in Unlimited Amounts L. Carl Harris Chairman Guy A. Erickson President Neil M. McCosker Chief Operating Officer Marian S. Ross Chief Financial Officer Vernon A. Phillips Secretary Contracts up to Five Million ($5,000,000): Randall S. Duncan Mario Maciel David T. Seevers Kim A. Sloat Contracts up to One Million Dollars ($1,000,000): Robert DeLiso Edward A. Kozlowski Byron G. Tobey James R. Guerrero Marie A. Shockley 2008-06Jun Certificate Authorizing Signing Authority .Harris &Associates Contracts up to Five Hundred Thousand Dollars ($500,000): Isaac C. Dee Julius P. Feher Dana O. LeSher Contracts up to Two Hundred Fifty Thousand Dollars ($250,000): Dennis A. Anderson Brett E. Barnett Randall G. Berry James D. Bissell Michael K. Cooper Joan E. Cox Rick L. Darnley Stephen M. Ehninger Leonardo V. Flor Ehab S. Gerges Gregory B. Griffith Ramon Guiao Robert S. Guletz Richard A. Huffman William Little III Russell A. Moore Raymond K. Polidoro Steven E. Roberts E. Javier Saunders Eric R. Tholen Contracts up to $50,000 Cynthia A. Laffoon Keri McQueen Denise M. Owen Elizabeth A. Nystrom IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President on this 2 ' day of t%u g , 2008. Guy Ackson, President 2008-06Jun Certificate Authorizing Signing Authority WE Harris &Associates EXHIBIT A A. STATEMENT OF WORK: CONSULTANT shall provide consulting services on an "as -needed" basis for street improvement projects to be determined during the term of the agremeent. 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 services, 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 On -Call Civil Engineering Services Scope of Work (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 qualifications 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 construction plans and specifications to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. Harris & Associates On Call Civil Engr Svcs Exhibit A Exhibit A.1 City of Huntington Beach On -Call Engineering Services Scope of Work In general, the Consultant shall perform civil 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: Preliminary Engineering ® Prepare alternative preliminary layouts, surveying, geotechnical services, and estimates of probable cost for alternatives. ® Prepare engineering details and calculations. ® Present alternatives and provide recommendations and analyses of the advantages of each alternative. Permits ® Assist the City in obtaining approvals from applicable agencies including County of Orange, CALTRANS, City of Huntington Beach Planning Department for environmental, and/or other permits as may be required. Construction Documents s Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The City will provide the General Provisions and bid forms in a Microsoft Word and/or Excel Version 2003 format; the Consultant shall modify the documents by adding the necessary special provisions and project bid schedule. The City shall review the construction documents at the preliminary engineering, sixty (60%), ninety percent (90%), and final documents stages or as deemed necessary by the City. All project calculations, supporting/reference information, correspondence, photos, Microsoft office files, etc. shall be provided to City with the final submittal or upon request. Drawings shall be prepared in a standard engineering scale using AutoCAD version 2000, 2004, or 2007. All drawings shall have their bearings based upon and translated to be consistent with the California Coordinate System (Zone 6). Final Drawings shall be wet signed and stamped on 24-inch by 36-inch Mylar media. All project AutoCAD files (i.e. drawings, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format. Construction specifications and bidding documents shall be provided in Microsoft Word Version 2003. Bidding Stage 8 Assist the City in answering bidders' questions, attend pre -bid conferences and job walks, perform constructability review of other firms or own plans and specifications, prepare addenda, analyze bids, and recommend award. Construction Stage m Attend pre -construction conference. 0 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. ® Upon completion of construction, the Consultant shall prepare "as -built" drawings to the satisfaction of the City. Additionally, the Consultant may also be required to perform construction staking. Special Requirement: Due to the fact that some of the City projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' Local Assistance Procedures Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. Harris will remain on -call to prepare a project specific proposal to perform any of the engineering design services listed in the City's RFP. We take pride in preparing detailed project scopes, which are customized to meet the City's specific needs, complete with a detailed list of deliverables and project schedule. The following briefly presents Harris' typical approach to defining the scope of services for improvement projects. For simplicity sake, each task will only be briefly touched upon. Future specific projects will be more clearly detailed and customized. Our scope of design services typically consists of a four -phased approach as follows: Phase I - Orientation/Data Collection/Base Sheets Phase II - Design Development (Preliminary Engineering) Phase III - Construction Documents Phase IV - Bidding and Construction Assistance PIIASI:; I - OR:II NTA'IJION/I:)A'I'A COI:.,I.,I CTION/BASE SIII?ETS TASK A. DATA COLLECTION AND REVIEW Meet with the City staff and hold "kickoff' meeting. Define approach, goals, criteria, procedures, and schedules and collect all city record information. Direction from City staff will be obtained and the project schedule reviewed. TASK B. OUTSIDE AGENCY CONTACTS/PERMITS Contact the utility companies, bus service and all permitting and funding agencies (such as Caltrans, for encroachment permits and/or funding coordination). All required environmental clearances will also be defined at this time. TASK C. ToPOGRAPHIC BASE SHEETS Utilizing either City provided record maps, ground surveys (Harris will utilize the service of our surveying subconsultant, KDM Meridian) or aerial topographic maps, construction plan base sheets would be prepared in AutoCAD 2002 using the City's standard format on 24" x 36" size sheets. Base sheets will also include all existing R/W information, surface topography, field survey elevations and underground utility information, as required. Cross sections will also be prepared on applicable projects. TASK D. ELECTRONIC t_JTILITY DETECTION When warranted, such as underground storm drain construction, Harris will utilize the services of an Electronic Utility Detection surveyor. The result is a "313" AutoCAD drawing of the field 1 of 5 determined horizontal and vertical underground utility locations. The findings are accurate to 10% ( + 4 to 6 inches) at a cost much cheaper than potholing. PHASE II - DESIGN DEVELOPMENT (PRELIMINARY ENGINEERING) TASK A. PAVEMENT REPORT/SOILS INVESTIGATION Obtain specific recommended pavement/soils information, as confirmed by the City. Perform a comprehensive review of the data and recommendations contained in the report(s). Develop design concepts and alternative strategies as warranted (this is a Harris & Associates specialty). TASK B. FIELD REVIEW Perform a comprehensive field review to confirm the completeness/accuracy of the plans, existing project conditions, conditions that will affect design, etc. TASK C. DEVELOP PROJECT ELEMENTS Develop conceptual designs, alternative layouts, required drainage studies, typical street sections, and trench sections, related cost estimates, details and back up calculations. Economy and constructability will be key to the process. TASK D. CONCEPT MEETING Meet with City staff to present alternatives, provide recommendations and analyses of the advantages of each alternative, and reach concurrence with City staff on the final design elements. PHASE III - CONSTRUCTION DOCUMENT'S Based on the results of Phase II, the final construction documents will be prepared. The completed plans and specifications will conform to the required City, County and State requirements and latest funding guideline requirements, including but not limited to all safety concerns, DVBE goals, Federal/State wage rates and all other criteria necessary. All deliverables will be computer -generated. TASK A. CONSTRUCTION PLANS Prepare a separate project Title Sheet. Prepare construction plan sheets, plan and profile sheets and detail sheets as needed, using the previously prepared base sheets, showing construction to conform to the approved concept designs. All construction elements will be clearly defined. TASK B. CONSTRUCTION SPECIFICATIONS Prepare a complete set of project specification in the City's preferred format, using the City provided "Boiler Plate", the "Green Book" and Caltrans Standard Specifications. The Special Provisions and bid sheet will be prepared in a format consistent with current City projects. 2of5 TASK C. COST ESTIMATE Prepare itemized construction quantities and cost estimate (Excel spread sheet) with all required funding and location breakdowns. TASK D. BI-WEEKLY PROJECT STATiJS REPORT Submit written Bi-Weekly Project Status Reports to the City's Project Engineer. The reports are an additional tool, which help deliver a consistent and efficient communication of the latest project status. TASK E. CONSTRliCTION DOCUMENT PROCESSING Upon completion of the plans, specifications and cost estimate, submit sets of each to the City for review and comment at the 60%, 90%, and 100% complete stages. Upon final acceptance and approval, provide the City with utility coordination logs, original 24" x 36" plans (ink on double - matte mylar), camera ready original specifications, and computer disk of specifications, estimate and plans in formats compatible with the City's system. TASK F. UTII.XFY PERMI"r/COoRDINATION/ ENVIRONMENTAL CI.,EAR.ANCE:S Prepare and issue appropriate utility notifications and perform related follow-up coordination. Process and obtain all Caltrans Encroachment Permits, Railroad permits and other required permits and approvals from all applicable agencies and funding sources. Prepare all NPDES permit documents and water quality management plans as required. Obtain all environmental clearances. PIIASI: IV -BIDDING AND CONSTRUCTION ASSISTANCI: TASK A: BIDDING ASSISTANCE Remain available to assist the City in answering bidders' questions, attend pre -bid conference and job walks, prepare addenda, analyze bids, and recommend award. TASK B: CONSTRUCTION STAKING Provide all construction staking services (and/or engineer field marking of removals, etc.) as required. Harris will utilize the service of our survey subconsultant, KDM Meridian. TASK C: CONSTRUCTION ASSISTANCE Attend preconstruction conference. Monitor construction schedule and visit construction site as required for review of progress and quality of work. Remain available to assist the engineer, contractor, and inspector 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. 3of5 DESIGN QUALITY CONTROL PLAN (DQCP) The most important quality control item the Harris team utilizes is to verify at project inception that both the City of Huntington Beach and project team fully understand the scope of services, schedule, budget and expected work product. The following management control strategies will be used to verify all elements of the design submittals are checked for quality technical accuracy and include coordination of disciplines while maintaining the project on schedule and within budget. REGULAR TEAM MEETINGS Throughout the design process, in-house engineering will be coordinated with the project team. Project memorandums and telephone conversations are all written and distributed to all project personnel. Team meetings are held bi-weekly for in-house coordination. PEER REVIEWS The Project Manager will perform a technical review to verify that the design conforms to the functional needs of the City of Huntington Beach. Support information documents, in-house drawings used for checking, and all other data will be filed in the design office for future reference and to answer questions by the City or community. SHARING OF LESSONS LEARNED We have found that each of our projects provides lessons learned, both from elements that went wrong and things that went right. We have developed a mechanism to share such information with our fellow designers so that each can benefit from one another's experience. QUALITY IMPROVEMENT PROGRAM QUALITY CONTROL MANAGER A Quality Control Manager is assigned to each design project. This individual is a person other than the project manager who is removed from the day-to-day project operations, but is responsible to review all submittals of construction documents prior to each submittal. These reviews conform to our formal QA/QC program utilizing forms; check lists, procedures and minimum standards for all the work. In addition, this process requires that the submittal is complete and all concerns and issues raised by the City during the design development phase and progress meetings are addressed. BIDDABILITY AND CONSTRUCTABILITY REVIEW (B&C) Biddability is a measure of a bidder's ability to understand the contract documents and prepare a competitive, responsive bid proposal. Wherever ambiguous contract provisions place a hint of doubt in the bidder's mind, a contingency amount is added to the bid to cover for the ambiguous information. These contingencies can add significantly to the amount of the bid price, resulting in a bid price that is higher than expected. As an element of our DQCP, we draw from our vast 4of5 resource of construction managers and inspectors to search for these problem areas and take corrective action to eliminate them. Our biddability review will also examine the "front-end" conditions or general provisions of the specifications for modifications and updating to reflect the specifics of the project. Constructability is a measure of the successful bidder's ability to build the project according to the designer's intent. Constructability covers a broad range of concepts, such as project duration, sequencing, working around existing facilities, adequacy of staging areas, drawing details, drawing conflicts, and errors and omissions in the contract documents. Problems in any of these or numerous other areas can lead to delays, change orders, and claims. Our review will be made with these concepts in mind to make modifications we believe are appropriate to eliminate problems with the contract documents. EFFECTIVE COMMUNICATION PROCESS Throughout the course of the project, the Project Manager will prepare meeting agendas and meeting minutes in addition to bi-weekly status reports. These reports will describe project progress to date, anticipated challenges, requested feedback on project elements and status of schedule. 5 of 5 10.14:251193F119 "I, 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. See Exhibit B.1 — Proposed Hourly Fee Schedule Total fees shall not exceed Two Million Dollars ($2,000,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). 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 and remaining balance; 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. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment EXHIBIT B.1 Harris & Associates City ®f Huntington Beach RANGE OF HOURLY TES: Effective .lulu 1, 2008 — June 30, 2011 HOURLY RATE Project Director $200 - 205 Sr. Project Manager $175 - 200 Project Manager $145 - 180 Senior Project Engineer $125 - 160 Project Engineer $125 - 145 Sr. CADD Drafter $110 - 125 CADD Drafter $90 - 115 Technician / Student Intern $75 - 95 Administrative $55 - 75 Notes: These individuals include all design professionals and support personnel who might work on Harris projects. These hourly rates may be increased annually. It is important to note that the above hourly rates include all direct costs such as vehicle usage and mileage, equipment usage (including computers), printing and copying (except for the reproduction of multiple sets of construction documents for bidding purposes or production of large legal noticing packages). Billing rates for independent sub -consultants, if any, will be determined on a case -by -case basis and are subject to a 10% mark up. Harris & Associates. HARRAND-01 AFDI ACORDCERTIFICATE OF LIABILITY INSURANCE r^+ DATE(MMIDDIYYYY) 10/16/2008 PRODUCER (800) 877-4560 Diversified Risk/Hub International License #0757776 400 Taylor Blvd., Suite #300 Pleasant Hill, CA 94523 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Harris & Associates Inc. Attn: Susan Mandilag 120 Mason Circle Concord, CA 94620-1238 INSURERA: Continental Casualty Co. INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 0 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDT N OFIN RANCE POLICYNUMBER POLICY EFFECTIVE DATE (MM/DDIYYI POLICY EXPIRATION DATE iMMIDUrrn LIMITS -TYPE GENERALLIABILITY EACH OCCURRENCE $ PREMISES Eaoccurence $ COMMERCIALGENERAL LIABILITY CLAIMS MADE DOCCUR MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ POLICY JEa LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULEDAUTOS ''`!;:k,1¢_, S O OPIM BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HIREDAUTOS NON-OWNEDAUTOS , OIIe��l, PROPERTY DAMAGE (Per accident) $ ( I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TATUTH- WC SLIMIT HER T RY LIMIT ER E.L. EACHACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIALPROVISIONSbelow E.L. DISEASE -POLICY LIMIT $ OTHER A Professional Liability AEA113822501 8/1/2008 8/1/2009 Per Claim 5,000,000 A Professional Liability AEA113822601 8/1/2008 1 8/1/2009 Aggregate: 10,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES I EXCLUSIONSADDED BY ENDORSEMENT/ SPECIAL PROVISIONS In the event of cancellation for non-payment of premium, a 10 day notice will apply. The Aggregate Limit is the total insurance available for all covered claims reported within the policy period. Re: As -Needed Engineering Services (H&A #082-0361) No deductible applies to each and every claim submitted under the Prof. Liab. policy, as respects the City of Huntington Beach. CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILLXKX)=X*MAIL 3Q- DAYSWR17TEN 2000 Main Street Huntington Beach, CA 92648-2702 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B L XXg(X GXX��(rXMOG➢4XDGB�fdUDCDQBQ1tIXXr�QrX�CXX AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 Nai2RaMn.ni aFnl ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/14/2008 PRODUCER (800) 877-4560 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Diversified RisklHub International License #0757776 400 Taylor Blvd., Suite #300 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasant Hill, CA 94523 INSURERS AFFORDING COVERAGE NAIC # INSURED Harris & Associates Inc. INSURER A:OneBeacon America Insurance Co. Attn: Susan Mandilag 120 Mason Circle Concord, CA 94520-1238 INSURERB: Hartford Fire Insurance Co. INSURER e:American Guarantee & Liability INSURER Ex Alaska National Insurance Company INSURERE., Colony National Insurance Com an COVERAGES 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. LTR NSR POLICY NUMBER POLICY EFFECTIVE DATE D POLICY EXPIRATION DA E MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR 71$009690-0002 8/112008 8/112009 PREMISES EaNrE°T - occurence S 1,000,00 MED EXP (Any one person) S 10,00 X "XI. ..C.—U., PERSONAL 8 ADV INJURY S 1,000,00 X Severability of Interest GENERAL AGGREGATE S 2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS- COMPlOPAGO S 2,000�00 POLICY X PRO-ECT LOC B AUTOMOBILE X LIABILITY ANYAUTO 57UENUL6878 81112008 8/112009 COMBINED SINGLE LIMIT (Ea accident) S 1,000,00 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) S X X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Peraccldent) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY; AGO C EXCESSIUMBRELLALWBIUTY X OCCUR CLAIMS MADE AUC9305561-06 8/112008 8/1/2009 EACH OCCURRENCE - S 1,000,00 AGGREGATE _ S 1,000,00 S g DEDUCTIBLE S RETENTION S U WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? If Yes, RO under SPECIALAL PROVISIONS below 08WHD40007 8/1/2008 8/1/2009 X I WC STATU- I OTH- TORY LIMITS ER E.L. EACH ACCIDENT S 1,000,00 E.L DISEASE - EA EMPLOYEE S 1,000,00 E.L. DISEASE.- POLICY LIMIT 1 000,00 S , OTHER E Excess Liability AR6460401 8/1/2008 8/1/2009 111,000,000 excess 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS In the event of cancellation for non-payment of premium, a 10 day notice will apply. Evidence of PROFESSIONAL LIAB on following page. Re: As -Needed Engineering Services (H&A #082-0361). General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached OneBeacon America Additional Insured endorsement and CA2048 0299. No deductible applies to each and every claim submitted under the Prof. Liab. policy, as respects the City of Huntington Beach. (REVISED.) HOLDER City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURERWILLXKXMI{MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B AUTHORIZED REPRESENTATIVE POLICY #: 718009690-0002 INSURED: Harris & Associates Inc. THIS ENDORSEMENT CHANGES THE, POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording. b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED -- REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. 1. WHO IS AN INSURED — (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section I -- Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. OneBeacon America Page 1 of 1 Excerpts from: OneBeacon Form VCG 206 02 05 @/ANTAGE FOR GENERAL LIABILITY -- CONTRACTORS COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number: 718009690-0002 Insurer: OneBeacon America Insurance Co. Policy Period: August 1, 2008 to August 1, 2009 Named Insured: Harris & Associates Inc. 5. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. Page 1 of 1 POLICY #: 57UENUL6878 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 8/1/2008 Named Insured: Harris & Associates Inc. SCHEDULE Name of Person(s) or Organization(s): Any person or organization with whom you agreed, pursuant to a written contract or written agreement to provide insurance such as is afforded under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Excerpts from: Hartford form HA 99 16 03 02 COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT BUSINESS AUTO COVERAGE FORM Policy Number: 57UENUL6878 Insurer: Hartford Fire Insurance Co. Policy Period: August 1, 2008 to August 1, 2009 Named Insured: Harris & Associates Inc. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION 1V - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. Page 1 or 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA We have the right to recover our payments from You must maintain payroll records accurately segregating anyone liable for an injury covered by this policy. We the remuneration of your employees while engaged in the will not enforce our right against the person or work described in the Schedule. organization named in the Schedule. (This agreement applies only to the extent that you perform work under The additional premium for this endorsement shall be 2% of a written contract that requires you to obtain this the California workers' compensation premium otherwise agreement from us.) due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective 811/2008 Policy No. OBHWD40007 Insured Harris & Associates, Inc. Endorsement No. WC 04 03 06 04 84 RFP NOTIFICATION LIST FOR: ON -CALL CIVIL ENGINEERING SERVICES Title TFirstName LastName JobTitle Company Addressl City State PostalCode email hone Mr. John Loague, Principal AKM 553 Wald Irvine CA 92618 jloague(aj.akmce.com (949) Consulting 753- Engineers 7333 Mr. Randall Berry Design Harris & 34 Irvine CA 92614-4705 rberryCharris-assoc.com (949) Development Associates Executive 655- Manager Park 3900 Suite 150 x314 Mr. Matthew Thomas Water/Wastewater Boyle 1501 Quail Newport CA 92658-9020 mthomaslabovleengineering.com (949) Practice Leader Engineering Drive Beach 476- PO Box 3307 735 Mr. Mark Miller Vice President, Brown & 400 Irvine CA 92602 mwmiller2cbrwncald.com 714- Operations Caldwell Exchange 689- Manager Suite 100 4816 Mr. Johnathan Hou Principal AES — 1322 Bell Tustin CA 92780 JPHougaxiomes.net 714- Axiom Avenue 247- Co oration Suite 1 G 1002 Mr. Mark Komoto Senior Parsons 505 S. Orange CA 92868 komotogpbworld.com 714- Supervising Brinckerhoff Main 564- Engineer, Water Street, 2791 Resources #900 Mr. Steven Andrews President Steven 26501 Lake CA 92630 email@sandrewsenffineeriilg.com 714- Andrews Rancho Forest 571- Engineering Parkway 5500 South Suite 204 Mr. Nick Kanetis Senior Vice Richard 3710 San Diego CA 92123 nkanetiskrbrady.net 858- President Brady & Ruffin 496- Associates Road 0500 Mr. Harvey Gobas Senior Project Psomas 3187 Red Costa CA 92626 lhgobas(2apsomas.com (714) Manager, Water Hill Mesa 751- and Natural Avenue, 7373 Resources Suite 250 GAEngineering Division\WAGNER\On Call Civil RFP 2008\On Call Civil RFP Data 4-8-08.doc Page 1 of 2 10/17/2008 RFP NOTIFICATION LIST FOR: ON -CALL CIVIL. ENGINEERING SERVICES Title FirstName LastName JobTitle Company Addressl City State PostalCode email hone Mr. Ali Pakzad President APA 23282 Mill Laguna CA 92653 apakzad c apaen >, colas (949) Engineering, Creek Dr., Hills 770- Inc. Suite 160 4429 Mr. Rick Kreuzer Chief Operating Bryan A. 1360 Diamond CA 91765 rkreuzer@bgs.com (909) Officer Stirrat & Valley Bar 396- Associates Vista Drive 9777 Mr. Kamran Saber, PE Director of Norris- 400 N. Santa Ana CA 92705 ksaber ,norrisrepke.com 714- Engineering Repke Tustin 973- Services Avenue, 2230 Suite 230 X112 Mr. R.H. Cahl P.E. President Jones, Cahl 18090 Huntington CA 92648 jca ionescahl.com 714 - & Beach Beach 848- Associates Blvd. Ste 0566 Inc 12 Robbie Mahmood Principal APD 188 Irvine CA 92618 robbiem@apdcon.com 949- Consultants, Technology 336- Inc. Dr., Suite B 6336 14 Companies NOTE: THE ON -CALL CIVIL ENGINEERING SERVICES REQUEST FOR PROPOSAL (RFP) WAS POSTED ON THE CITY OF HUNTINGTON BEACH WEB SITE FROM MAY 30, 2008 UNTIL THE CLOSE DATE OF JUNE 26, 2008; THEREFORE, THIS RFP WAS OPEN TO ADDITIONAL QUALIFIED FIRMS. GAEngineering Division\WAGNER\On Call Civil RFP 2008\On Call Civil RFP Data 4-8-08.doc Page 2 of 2 10/17/2008 Professional Service Contracts Purchasing Certification I. Date: 10/17/2008 2. Contract Number: PWK 690F O l p 4 d 3. Department: Public Works 4. Requested by: James Wagner 5. Name of consultant: Harris and Associates 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. The written statement (i.e. RFP) was provided on the City's Web Site and and on Exhibit "A" of the attached Professional Services Contract for As Needed Engineering Services. 7. Amount of the contract: $2,000,000.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: Business Unit and Object Code are available within the budgeted capital improvement projects. 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. 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.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached document entitled "RFP Notification List for On -Call Civil Engineering Services." 16. Attach proposed scope of work. Scope of Work on Exhibit "A" of the attached Professional Services Contract for As Needed Engineering Services. 17. Attach proposed payment schedule. Payment Schedule on Exhibit "B" of the attached Professional Services Contract for As Needed Engineering Services. Department Head Signature i5zRD AMA RIL �2 Central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council. City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 2, 2008 Harris & Associates Attn: Randall Berry, P. E. 120 Mason Circle Concord, CA 94520 Dear Mr. Berry: Enclosed for your records is a copy of the Professional Services Contract between the City of Huntington Beach and Harris & Associates for As Needed Engineering Services. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan o Waitakere, New Zealand (Telephone: 714-536-5227 ) INITIATING DEPARTMENT: Public Works SUBJECT: Approve Professional Services Contracts for As Needed Civil Engineering Services COUNCIL MEETING DATE: November 17, 2008 RCA�i4l"TA .TATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Nott Applicable Staff Report (If applicable) NoAttached Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable 'EXPLANATION FOR MISSING;ATTACHIVIENTS REVIEWED RETI Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) Citv Clerk RCA Author: J. Wagner:jg