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Lee & Ro, Inc. - 2008-11-17
Council/Agency Meeting Held: Deferred/Continued to:�r 16-App oved ❑ o tionall Approved ❑ Denied CV I s Sign re Council Meeting Date: 11/17/2008 Department ID Number: PW 08-73 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNr,1L 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 Engineering Services; 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; pprove an au orize e Mayor an o xecu e ro essl ontract 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. 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 34) 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 Attachrnent(s): A 6i Wffi IS&®-Iah 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 Corp for As -Needed Engineering Services 3. Professional Services Contract between the City of Huntington Beach and Harris & Associates for As -Needed Engineering 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 /E�) /L_ -,--ar� t LkUj m2 -3- 11/3/2008 4:18 PM ATTACHMENT #4 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 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEE & RO, INC. FOR AS NEEDED ENGINEERING SERVICES Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents............................I...............3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration..............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEE & RO, INC. 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 LEE & RO, INC., 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 M. Steve Ro, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 08-1814.004/26551 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 M i/G /r1 &m / 20 OK (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). 08-1814.004/26551 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 "1B." 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) 08-1814.004/26551 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. 08-1814.004/26551 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. 08-1814.004/26551 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. 08-1814.004/26551 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: Lee & Ro, Inc. Attn: M. Steve Ro 1199 South Fullerton Road City of Industry, CA 91748 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. 08-1814.004/26551 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 08-1814.004/26551 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, 08-1814.004/26551 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 08-1814.004/26551 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 / O )C-M 0-9- /:: , 20QJ' . LEE & RO, INC. By: f L- 1 y Myong H. (Steve) Ro print name ITS: (circle one) ChE resident/Vice President AN13 a By:- � W Dhiru Patel print name ITS: (circle one) Secretary/Chief Financial Officer ) Secretary Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California iwayor (pity Clerk 1� INITIATED AND APPROVED: Director Publi rks REVIEWEIYANDaAPPROVED AS TO APPROVED AS TO FORM: City AttorneyI Ci�Z�(p� 08-1814.004/26551 11 A. STATEMENT OF WORD: CONSULTANT shall provide consulting services on an "as -needed" basis for Sewer and Water 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. WORD PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. LEE & RO 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 ♦ 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 ♦ 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 o Attend pre -construction conference. 0 Monitor construction schedule, visit construction site as required for progress and quality of work evaluation. o 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. T V LT T T2 T'T R '? MBackground B ai o1d and P Summary BACKGROUND The City of Huntington Beach is the third largest city in Orange County and is an established seaside community incorporated in 1909. It is a premier seaside vacation destination known for its beaches and surfing. The City of Huntington Beach Public Works Department (City) is responsible for the design, construction, maintenance, and operation of public facilities and infrastructure within the City of Huntington Beach, such as maintenance of sewer, streets, parks, transportation, and water operations. Most of the City's infrastructure was built in the 1960s and 1970s. Much of it is 30 to 40 years old and is at or beyond its useful life. Some of the sewer facilities are over 80 years old. Many areas are experiencing failing sewer mains that may require rehabilitation (lining) or replacement. The City identified in their Citizens' Infrastructure Advisory Committee Report dated July 2000, that the infrastructure challenges needing the most urgent attention are the City's sewer system and the drainage and pumping stations because they represent the highest threat to the City's health, safety, economy, and quality of life. The City has implemented a Capital Improvement Program (CIP) to address selected components of this deteriorating infrastructure, targeted according to need and available funding. The City's Three Year CIP will focus on maintaining and enhancing the City's ability to provide critically needed water and sewer services to its residents and businesses. CIP task orders will therefore have to: Focus on upgrading identified facilities in the most cost effective way to maximize the benefits of available City, State, and Federal funding. Projects that are necessary to maintain public health and safety will be the highest priority projects. • Minimize disruptions to water and sewer service during construction. Be sensitive of and responsive to the need to minimize adverse impacts on critical City revenue sources such as its beaches, shopping and entertainment areas by managing construction schedules and construction sequencing. This will include careful coordination with any work on major roadways such as Beach Boulevard and Pacific Coast Highway. • Coordinate design and construction activities with City management, engineering and operations staff, community leaders and homeowner and business groups. The City wishes to contract with approximately four civil engineering firms for on -call consulting services to supplement the City's engineering staff in the preparation of preliminary designs, detailed construction plans, specifications, and cost estimates, permitting assistance, bidding assistance, and engineering services during construction for various kinds of projects under the City's CIP. We are confident that LEE & RO has the personnel and experience to successfully execute these important assignments. PROJECT SUMMARY AND GENERAL SCOPE OF WORK The contract duration for these on -call services will be for a 3-year term. The City has categorized the anticipated CIP work as follows: • Street Improvements including street widening and street rehabilitation projects • Storm Drain Improvements, including storm drain line and storm drain pump station projects • Sewer Improvements, including sewer line and sewer lift station projects, and • Water Improvements, including water pump station and water distribution or transmission pipeline replacement projects Although particular task order assignments with specific scopes of work have not yet been identified, in general, the required engineering Page 1 • �. F Y T4 T R TrP A ', services scope of work is anticipated to include the following phases of project development: Preliminary Design Phase Review existing as -built drawings and specifications, existing environmental reports, geotechnical reports, topographical data, survey records, maps, utility plans reports, studies, standard plans and other pertinent information provided by the City, as applicable • Develop project design criteria • Prepare alternative preliminary layouts and estimates of probable costs • Provide necessary surveying and geotechnical services • Prepare engineering details and calculations • Present alternatives and provide recommendations and analyses of the advantages of each alternative in a preliminary design report • Conduct a preliminary design workshop to review and discuss alternatives presented and receive comments from the City Permits • Provide assistance to the City in obtaining approvals from applicable agencies for encroachment permits, environmental permits, and other permits as may be required Detailed Design Phase • Develop selected alternative into the detailed design • Prepare engineering calculations and designs, plans, specifications, and engineer's cost estimate o Submit design documents to the City for review and comment at 60%, 90%, and at the final design stage. o Design review meetings will be held following each submittal to receive the City's review comments and input. o Necessary revisions will be incorporated into the subsequent design stage. o Specifications and engineer's cost estimate will be further refined at each design stage. Upon acceptance of final plans and specifications by the City, provide one final master set including specifications (paper and digital), plans (mylar and digital), calculations bound for permanent storage, and Engineer's estimate of construction cost. Bidding Assistance • Attend pre -bid conferences and job walks • Interpret plans and specifications when directed by the City and assist the City in answering bidders' questions Conduct constructability review of other firms' plans and specifications, as requested by the City. We have provided value engineering services for a number of our clients and have a proven record of cost savings and innovation. Similarly we conduct constructability reviews for all of our designs and we have experienced construction management staff to provide these services to the City. • Prepare addenda, as necessary • Analyze contractors' bids and make a recommendation of award to the City Engineering Services During Construction • Attend the pre -construction conference • Monitor contractor's construction schedule, visit construction site as requested by the City for evaluation of progress and quality of work • Assist the engineer, contractor, and construction manager/contract administrator with interpretation of the contract documents Page 2 T'YT-TTRTrP A '7 • Conduct analysis of claimed changed conditions and develop corrective actions • Review shop drawing submittals, review and respond to RFls, and review and negotiate contractor's change order requests Engineering Services Post -Construction • Prepare "as -built" drawings for the City upon completion of construction OVERVIEW The City of Huntington Beach's Three Year CIP has been developed to address significant problems in the City's water and sewer systems. Because of the age of the City's water and sewer systems, many of the distribution and collection facilities are now at the end of their effective lives and must either be rehabilitated or replaced. Although health and safety concerns are driving the priorities for the program, it is critical that the methodology employed by the consultant team reflect an understanding of all of the issues affecting the City including: Budget constraints. City revenues are limited and will be supplemented where possible with State and Federal grants. It is critical that the City maximize the benefit for each dollar spent. The LEE and RO team will meet this objective by providing cost effective and performance appropriate designs. Where rehabilitation is possible versus full replacement, LEE and RO will prepare designs using the most cost effective rehabilitation techniques while still providing long term performance. LEE and RO will ensure that the designs fully comply with the requirements of any supplemental funding. Service interruptions. The projects must be designed and constructed in a way that minimizes interruptions to residents and businesses. The LEE and RO team will coordinate closely with City staff to schedule projects to minimize impacts on business during holiday shopping periods and the summer months when visitor traffic to the beach areas is the highest. • Maintaining Council and Community support. Advance notices to City Council, business associations, homeowner groups, and other affected parties will be a key element in the LEE and RO management plan. Planning meetings with key representatives for each project during preliminary design will be important to address the concerns of all parties. This will avoid costly redesign or change orders. We have created a Program Director/Task Order Project Manager team to work as an extension of City staff on the Three Year CIP. The Program Director will serve as the liaison between City staff and LEE and RO design teams. It will be his responsibility to oversee the delivery of all services under the contract and ensure that the City is satisfied with the service and performance of the LEE and RO team. We have assigned a senior manager with extensive experience managing engineering projects as Chief Engineer in a coastal community and who is a former ten year resident of the City of Huntington Beach. He has the local experience and appreciation for the community issues necessary to assist the City in reaching its goals. Once a task is identified under an on -call contract, the Task Order Project Manager's role is to understand the project goals, facilitate all work activities, and keep the City informed of progress and potential issues associated with the project. LEE & RO's Project Manager and key staff members have all worked with small and large municipal organizations and are experienced in helping to define project needs, and in working with groups to reach consensus. Once the project goals and requirements have been defined, LEE & RO's Principal -In -Charge ensures that the project is allocated the appropriate resources to successfully execute the project tasks. MANAGEMENT APPROACH Based on our experience in providing design engineering services on many on -call as -needed task order type multi -year contracts over the Page 3 FAIT—TTTZVr A ') years, LEE & RO has formulated specific technical and project management approaches that not only provide tools and techniques for effective planning, design, construction, and start-up services, but that are also responsive to project issues and challenges. LEE & RO's management approach is a team concept approach focusing on; • Up front project management and quality assurance planning • Continuous monitoring of project work and progress • Effective communication • Efficient resource allocation and production of deliverables • Corporate commitment to each client. Specific key elements of our approach include (1) Organization, (2) Project Management Plan, (3) Communications, (4) Quality Management, (5) Cost and Schedule Management, and (6) Anticipation of Project Challenges. 1. Organization Appropriate organization of the project team is essential to efficiently maintain both schedule and quality. We believe that in order for this program to be successful you must have a qualified Program Director to manage the program level elements, and a team of well qualified key project managers and engineers along with sub consultant professionals with the requisite skills and experience to effectively execute the tasks necessary to complete the task order assignments under this as -needed services contract, on time and under budget. Our team members have completed many similar project assignments and are all very familiar with regulatory requirements and industry standards for design, construction, and maintenance of the infrastructure type projects that are anticipated under this on -call contract. The LEE & RO team is also knowledgeable of the challenges presented, such as salt air, ground water and corrosive soils, when working in coastal community locations. In addition to personnel organization, LEE & RO utilizes corporate organizational process assets to influence project success. These organizational process assets include processes and procedures for conducting work, such as corporate standards and policies, financial controls, and additional assets such as a centralized electronic database supported by six (6) servers for storing and retrieving project information like scope documentation, cost, schedule, and quality baselines, performance measurement baselines, and project records, in addition to the financial database containing labor hours, incurred cost, budgets and other relevant project financial information. 2. Project Management Plan An early objective of the planning process is to define a clear and concise scope of work and schedule. From this information, staffing and budgetary requirements can be determined. LEE & RO's Project Manager will develop a Project Management Plan for each task order assigned. The Project Management Plan is a written document that defines how the project will be planned, executed, monitored, controlled, and closed. The Project Management Plan will, - identify the processes and procedures used to define how project tasks will be executed to accomplish project objectives • identify project deliverables • define how changes will be monitored and controlled • define how performance measurement baselines will be maintained and used • identify reporting requirements • define how project risk will be managed • identify project close-out procedures A Project Management Plan can be quite simple for a small uncomplicated task order or can be quite intricate for a larger more complex task order. 3. Communications Project communication is the lifeblood of. a project. Timely, frequent and detailed communication is an essential tool for project success. LEE & RO's Program Director will be responsible for overall program communications, �__:_ Page 4 LEE & RO, Inj ensuring that city staff and the LEE & RO teams are talking to each other. The Task Order Project Manager will be responsible for managing the project communication requirements, both within the project team and among all of the project stakeholders. As a subset of the Project Management Plan, the Communications Plan will: • describe the communication needs and expectations for the project • define how and in what format information will be communicated • identify who is responsible for providing each type of communication Effective communication is required to ensure appropriate generation, collection, distribution, storage, retrieval, and ultimate disposition of project information, such as information gathering, status reporting, progress measurement, and forecasting. LEE & RO will establish clear lines of communication and document that communication in order to assure that all project stakeholders, especially the City's project manager, are kept well informed. Comments and decisions will be documented using email for less formal communication, but directives and more formal definition of project direction will be via written memoranda. Where project development requires coordination with external stakeholders and other interested parties or agencies, the LEE & RO team will formally catalog and document all correspondence and will maintain a decision log regarding status of issues. Examples of communication tools include Preliminary Design Technical Memorandum. Prior to developing detailed design drawings, LEE & RO defines the work in a technical memorandum that essentially represents a 10% to 30% preliminary design. The technical memorandum is provided to all affected stakeholders for their input and participation in the decision making process. • Face-to-face review meetings with the City's project team. These meetings are conducted following key milestone design submittals. These face-to-face meetings facilitate timely decision making and help to keep the project on schedule. Decisions made and issues raised in these meetings are memorialized in meeting minutes, which are distributed to participants. 4. Quality Management Quality Control is emphasized in our management concept as a continuous process throughout the duration of the project's development. We are fully committed to producing a quality design resulting in efficient construction. We assign senior personnel as the Quality Control Officer, who functions independently of the Program Director and Task Order Project Managers, to ensure that our designs will accomplish the following: • Closely follow the approved project scope of work, goals, and objectives • Comply with applicable policies, rules, regulations, and standards • Clearly and concisely delineate the contractor's work and responsibilities on the design drawings and specifications • Show existing site and as -built conditions as accurately as possible • Provide adequate design details • Eliminate conflicts between specifications and plans, and among disciplines • Consider and accommodate constructability and construction phasing in the design • Include accurate and dependable cost estimates A well executed Quality Assurance and Quality Control (QA/QC) program can significantly reduce costs and optimize usefulness of the work product. LEE & RO will plan and implement a QA/QC program that will focus on: • Meeting the project requirements in a cost effective manner • The quality of our services and deliverables Page 5 zWN dw f_ , Inc. • A thorough comprehensive and independent review of the designs for accuracy and practicality. Our project QA/QC Technical Advisors will develop a QA/QC checklist that is a dynamic working document, updated as the project progresses. The checklist includes items and ideas to validate key assumption criteria, correct common mistakes, deal with regulatory and code compliance issues, and verify coordination issues. QA/QC tasks are performed by an independent team made up of highly experienced senior level engineers not participating in the day -to day design. LEE & RO will perform technical and design reviews before each milestone deliverable is submitted. Our QA/QC reviews will include checks of relevant calculations, memoranda, drawings, specifications, and construction cost estimates. Opportunities occur throughout the design process to enhance the design and potentially reduce costs. The LEE & RO team will be proactive in taking advantage of these opportunities by conducting value engineering assessments of the design, and performing constructability and biddability reviews on those designs. These reviews help to identify and correct ambiguities and conflicts between the design documents thereby providing complete, comprehensive, and consistent information to bidding contractors. This process yields not only better designs, but also promotes better construction bids with fewer change orders, minimizes construction delays and project risk, and ultimately less overall cost. 5. Cost and Schedule Management LEE & RO's computerized cost tracking system provides manpower and incurred cost data to the Project Manager on a weekly basis. Effective management of engineering budgets and schedules is critical to a project of any size and scope. Actual costs incurred are compared to planned costs and tracked relative to project progress. This information is plotted against the cost and schedule baselines and is regularly reported to the City along with written descriptions of work completed during the report period, anticipated work during the next report period and, in the case of budget or schedule non-compliance, descriptions of recovery plan activities. The project cost estimate is updated at each critical milestone. Any changes in project costs can then be reviewed and discussed with the City. 6. Anticipation of Project Challenges Throughout the life of a project, situations often arise that can adversely affect original plans. Anticipating project challenges is essential if they are to be dealt with effectively. Activities identified as being on the critical path will be closely and continuously monitored. The LEE & RO team will always look ahead in an attempt to identify and proactively address potential road- blocks that might impact the critical path. This involves not only internal challenges such as staffing requirements and conflicting project schedules, but also external challenges such as site and construction constraints, permitting requirements, and community concerns regarding work in environmentally sensitive areas. TECHNICAL APPROACH LEE & RO will thoroughly review all relevant and available existing construction plans and specifications provided by the City for a particular task order assignment. Additionally, in conjunction with our own QA/QC program, we will also carefully review and appropriately apply the relevant City of Huntington Beach standards, guidelines, and procedures. Designs will be in accordance with the requirements of relevant regulatory codes, industry standards, and statutory provisions applicable to the work. LEE , Inc. Page 6 FYT-TTRTT A ', Technical Support LEE & RO is a full -service multi -discipline engineering consulting firm. Currently, LEE & RO's organizational structure is made up of nearly 90 employees, including over 40 registered professional engineers. The expertise of the professionals in our firm includes not only civil design, but also disciplines such as mechanical and structural engineering, electrical and instrumentation system design, utility engineering, construction management, facility start-up, plan and specification preparation, and cost estimating. We have the in-house engineering resources available to immediately provide any necessary project support. The LEE & RO team is also supported by a well qualified team of subconsultants to provide task order project services such as surveying, potholing and utility location service, traffic control, geotechnical services and landscape design, as necessary. Many of these subconsultant team members are known to the City and have provided similar services to the City, either directly or indirectly. Computer Aided Design (CAD) is used extensively in our engineering design projects. With fifteen CAD stations, we have no difficulty delivering graphic and non -graphic data in the City's required format. CORPORATE COMMITMENT The LEE & RO Program Director, Task Order Project Managers, and key personnel proposed for this assignment are all registered professional engineers with extensive local engineering experience and multi -discipline project histories. We are confident that, at any given time, these individuals will be able to arrange their schedules to be available to meet project task order schedules. LEE & RO understands that the City will have specific project execution needs, and we have proposed a streamlined organization that will be responsive and flexible to meet those needs. Our firm's structure and size enables us to adapt to your needs quickly and responsively, and our experienced team is ready to work closely with you as an extension of your staff. LEE & RO has assembled a highly qualified and experienced project team to complete these assignments successfully. The proposed project organization is shown below in Exhibit E-1, which identifies the roles and responsibilities of key team members. The abbreviated resumes of the proposed LEE & RO staff are included in this section. Some of our most experienced staff members have been selected to provide oversight and quality assurance/quality control of the City's Sewer and Water Improvement projects. Overseeing the City's projects as Principal -in - Charge will be Dhiru Patel, PE. Dhiru has over 27 years of water and wastewater facilities engineering, project management and business management experience. He has managed and overseen projects involving studies, PDR, final design and construction support phases for distribution, conveyance, treatment and supporting facilities for water/wastewater/water reclamation projects. Dave Bachtel, PE and Lee Badertscher, PE will provide Quality Assurance/Quality Control. Dave Bachtel has nearly 30 years of consultant management experience for wastewater CIP projects. As a Division Manager at the Los Angeles County Sanitation District, he has executed large CIP projects using both in-house design staff and outside design consultants. Lee Badertscher brings over 25 years of experience in planning, design, and construction of potable water and reclaimed water transmission mains, trunk and interceptor sewers, storm drains and channels, and pumping stations. He has hands-on experience with alignment studies, pipe design, system hydraulics and surge control analysis, corrosion control and material selection, pump design, control strategy development, and Page 7 17VWTRTT A 7 instrumentation and controls system engineering. Lee is both a registered professional control systems engineer and professional civil engineer. Exhibit E-1: Project Team Principal -in Charge I 11 QA/QC Acti Program Director Tom Holliman, PE Project Managers iViike Curran, PE (Pipelines) John Stein; PE (PumpStation: Engineering & Design Services Sewer Improvements SUBCONSULTANTS Sal Calderon, PE Surveyin_p Kirk Saiki, PE Forker# Engineering &Surveying Vince Faraone, PE Water Improvements Geotechnical Eric Lovering, PE Ninyo & Moore Linda Tripp, PE Traffic Control Technical Support KOA Corporation James: Park, PE Elec/I&C Potholing Clayton Cheng, PE -Structural SAF r DIG Ki Chung — Principal Designer' - Landscape -:Design Tectonics IN Y LEE, Inc. Page 8 EXHIBIT "B" 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 perfonned 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. Smffliet Exhibit B EXHIBIT B Fixed Fee Payment City of Huntington Beach EXHIBIT BA FEE SCHEDULE On -Call Civil Engineering Services LEE & RO, Inc. HOURLY BILLING RATE SCHEDULE Rates are valid for three year duration of the on -call contract terra (a) PERSONNEL CLASSIFICATION (b) BILLING RATES ($/HOUR) ENGINEERS Engineer 8 E8 Managing Engineer 195 Engineer 7 E7 Supervising Engineer 176 Engineer 6 E6 Principal Engineer 156 Engineer 5 E5 Senior Engineer 140 Engineer 4 E4 Engineer 125 En ineer 3 E3 Associate Engineer 112 Engineer 2 E2 Assistant Engineer 100 Engineer 1 lE1 Junior Engineer 88 DESIGNERS/CAD DRAFTSPERSONS Designer 5 T8 Supervising Designer 140 Designer 4 T7 Principal Designer 125 Designer 3 T6 Senior Designer 112 Designer 2 T5 Designer 100 Designer 1 T4 Associate Designer 88 Draftsperson 3 T3 Senior Draftsperson 76 Draftsperson 2 T2 Draftsperson 67 Draftsperson 1 T1 Junior Draftsperson 59 RESIDENT ENGINEERS 1 FIELD CONSTRUCTION MANAGEMENT Field Professional 6 F6 Principal Engineer 156 Field Professional 5 F5 Senior Engineer 140 Field Professional 4 F4 Engineer/Principal Inspector 125 Field Professional 3 F3 Associate Engineer/Senior. Inspector 112 Field Professional 2 F2 lAssistant Engineer/Inspector 100 Field Professional 1 1F1 jJunior Inspector 88 ADMINISTRATIVE Administrative 6 A6 Contract Manager 140 Administrative 5 A5 Senior Administrative Professional 112 Administrative 4 A4 Administrative Professional 100 Administrative 3 A3 Sr. Word Processor 88 Administrative 2 A2 Word Processor 76 Administrative 1 IA71 Clerical/Office Aide 59 (a) Three-year contract term is anticipated to run from October 2008 through September 2011 . (b) Engineer classification generally conforms to "ASCE Professional Grade Descriptions". L:IPROPOSALt08-PROPS108-4313-Year On -Call Billing Rate Schedule.xls LEE & RO, Inc. ACDRD,. CERTIFICATE OF LIABILITY INSURANCE 1DATE 0/30/08DfYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 626 844-3070 INSURERS AFFORDING COVERAGE I INSURED Lee & Ro, Inc. 1199 S. Fullerton Road City of Industry, CA 91748-1232 COVERAGES INSURER A: American Automobile Ins. Co. INSURER B: ACE American Insurance Con INSURER C: INSURER D: INSURER E: 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. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ COMMERCIAL GENERAL LIABILITY- CLAIMS MADE DOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG $ POLICY PRO LOC JCT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ lN INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS p 7y7 �� tti-�i� p C� T .f'sC I� .N P.V C1.7 J U /'� ��/ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS T 777�� J_ �-.t.oli C� H, City Att y d/ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ _ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND WZP80967113 11/14/08 11/14/09 �( WC ST TU OTH- MITS ER E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT 1$1,000,000 B OTHER Professional G23634983002 10/17/08 10/17/09 $3,000,000 per claim Liability $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: As Needed Engineering Services - LR Proj. #483 City of Huntington Beach Director of Public Works 2000 Main St Huntington Beach, CA 92648 FION SHOULD ANY OF TH E AB OVE D ESCRIBED POLICIES BE CANCELLED B EFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WI TO MAIL 30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTH E LEFT,j( I( ACORD 25-S (7/97)1 of 1 #M241790 SSP a ACORD CORPORATION 11988 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80967113 Issued to: Lee & Ro, Inc. By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach RE: As Needed Engineering Services - LR Director of Public Works Proj. #483 -- The City of Huntington 2000 Main St Beach, its officers, agents or employees Huntington Beach, CA 92648 WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative AC®RD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM1DDNYYY) LEEAN-1 10 30 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 701 Market St., Ste. 1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101 Phone:800-338-1391 Fax:888-621-3173 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Underwriters Ina. Co. INSURER B: LEE S ROINC. INSURER C: 1199 S. Fullerton Rd. INSURERD: City Of Industry CA 91748 INSURER E: 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. INSH NSR TYPE OF INSURANCE POLICY NUMBER MFOD NE DATE EFFECTIVE POLICYLTR POLICY MlEXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 0O0 , 000 A X COMMERCIAL GENERAL LIABILITY 84SBWEG2776 11/01/08 11/01/09 PREMISES EaDccurance) $ 1,000,000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL &ADV INJURY $ 1,000,000 X CONTRACTUAL X XCU COVERAGE GENERAL AGGREGATE $ 2,000,000 PROFESSIONAL LIAB EXCL GEMLAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $2,000,000 POLCY Fx_1 ECOT LOC A AUTOMOBILE X LIABILITY ANYnuro 84UEGPH2347 11/01/08 11/01/09 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 4, 000, 000 A X OCCUR CLAIMSMADE 84SBWEG2776 11/01/08 11/01/09 AGGREGATE $ 4,000,000 $ 0DEDUCTIBLE $ X RETENTION $10 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE TORY LIMITS ER E.L. EACH ACCIDENT $ EL. DISEASE -EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? 7 s, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS AS NEEDED ENGINEERING SERVICES. LR PROS #483 X-CLAUSE L.CISI ITIf A 1 C nVLLICI[ 4NItl4.CL.LM I IVIN HUNTIN3 SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT CITY OF HUNTINGTON BEACH DIRECTOR OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH CA 92648 AUTHORIZED RE�=E� ACORD 25 (2001/08) ©ACORD CORPORATION 19BB RFP NOTIFICATION LIST FOR: ON -CALL. CIVIL ENGINEERING SERVICES Title FirstName LastName JobTitle Company Addressl City State PostalCode email hone Mr. John Loague, Principal AKM 553 Wald Irvine CA 92618 jloague(a_,akmce.com (949) Consulting 753- Engineers 7333 Mr. Randall Berry Design Harris & 34 Irvine CA 92614-4705 rbeMry harris-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 mthomas@boyleengineering.co (949) Practice Leader Engineering Drive Beach 476- PO Box 3307 735 Mr. Mark Miller Vice President, Brown & 400 Irvine CA 92602 mwmiller(&brwncald.com 714- Operations Caldwell Exchange 689- Manager Suite 100 4816 Mr. Johnathan Hou Principal AES — 1322 Bell Tustin CA 92780 JPHou _axiomes.net 714- Axiom Avenue 247- Corporation Suite 1G 1002 Mr. Mark Komoto Senior Parsons 505 S. Orange CA 92868 komoto(a pbworld.com 714- Supervising Brinckerhoff Main 564- Engineer, Water Street, 2791 Resources #900 Mr. Steven Andrews President Steven 26501 Lake CA 92630 email(a,sandrewsengineering.com 714- Andrews Rancho Forest 571- Engineering Parkway 5500 South Suite 204 Mr. Nick Kanetis Senior Vice Richard 3710 San Diego CA 92123 nkanetis@vrbrady.net 858- President Brady & Ruffin 496- Associates Road 0500 Mr. Harvey Gobas Senior Project Psomas 3187 Red Costa CA 92626 h obas ,psomas.com (714) Manager, Water Hill Mesa 751- and Natural Avenue, 7373 Resources Suite 250 WEngineeiing DivisionMAGNER\On Call Civil RFP 2008\On Call Civil RFP Data 4-8-08.doc Pagel of 2 10/17/2008 RFP NOTIFICATION LIST FOR: ON -CALL CIVIL ENGINEERING SERVICES Title FirstName LastName JobTitle Company Addressl City State PostalCode email phone Mr. Ali Pakzad President APA 23282 Mill Laguna CA 92653 apakzadAapaen .com (949) Engineering, Creek Dr., Hills 770- Inc'. Suite 160 4429 Mr. Rick Kreuzer Chief Operating Bryan A. 1360 Diamond CA 91765 rkreuzer a bas.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 a 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 ica(d jonescahl.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 JUKE 26, 2008; THEREFORE, THIS RFP WAS OPEN TO ADDITIONAL QUALIFIED FIRMS. G:\Engineering Division\WAGNER\On Call Civil RFP 2008\On Call Civil RFP Data 4-8-08.doe Page 2 of 2 10/17/2008 Purchasing t I gCertification 1. Date: 10/17/2008 3. Department: Public Works 5. Name of consultant: Lee and Ro 2. Contract Number: PWK CjCi��� �,UU 4. Requested by: James Wagner 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 HeNd Signature HARD AMADRILL Central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council. City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 2, 2008 Lee & Ro, Inc. Attn: M. Steve Ro 1199 South Fullerton Road City of Industry, CA 91748 Dear Mr. Ro: Enclosed for your records is a copy of the Professional Services Contract between the City of Huntington Beach and Lee & Ro, Inc. for As -Needed Engineering Services. Sincerely, x Joan L. Flynn, CIVIC City Clerk JF-.pe Enclosure G: fotlowup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) IN III •7. t INITIATING DEPARTMENT: Public Works SUBJECT: Approve Professional Services Contracts for As Needed Civil Engineering Services COUNCIL MEETING DATE: November 17, 2008 RC'.A /41'T/4C HMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable I : EXPLANATION FOR MISSING ATTACHMENTS I REVIEWED RETURNED F Administrative Staff ( ) Deputy City Administrator (Initial) ( ) City Administrator (initial) ( ) Citv Clerk ( ) X RCA Author: J. Wagner:jg OF ITEM: