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HomeMy WebLinkAboutLee and Ro, Inc. - 2011-11-21Council/Agency Meeting Held: Deferred/Continued to: �kAp,D.rove,Q ❑ Conditionally Approved ❑ Denied City rk's ignat r Council Meeting Date: November 21, 2011 Department Number: PW 11-065 CITY OF HUNT➢NGTON 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 Professional Services Contracts for On -Call Civil Engineering Design Services with AECOM Corp., Lee and Ro, Inc., Tetra Tech, Inc., Pacific Advanced Civil Engineering, Inc. (PACE), and VA Consulting, Inc. Statement of Issue: The Public Works Department requires professional civil engineering services on an on -call or as -needed basis to support staff for the design and construction of capital improvement projects. Financial Impact: 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: A) Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts between the City of Huntington Beach and AECOM Corporation, Lee and Ro, Inc., and Tetra Tech, Inc. for On -Call Civil Engineering Design Services in the amount of $750,000 each; B) Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. (PACE) and VA Consulting, Inc. for On -Call Civil Engineering Design Services in the amount of $500,000 each; and C) Authorize the City Manager to approve a one-year time extension. Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects could be delayed until new contracts are approved. HB -145- Item 8. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/21/2011 DEPARTMENT ID NUMBER: PW 11-065 Analysis: The City's Capital Improvement Program (CIP) is approximately $35 million in Fiscal Year 2011112. Water improvement projects are the largest expenditure category followed by sewer improvement projects, street improvement projects, and storm drain improvement projects. Design for the 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 interest to retain qualified firms for capital improvement project design and engineering. Project assignments are rotated among the consultants, taking advantage of each consultant's specializations. Project assignments over $50,000 associated with these on - call contracts will require City Manager approval. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirty (30) 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 amount per contract. Funding sources will be from capital improvement project accounts, using the approved project budgets. Staff does its best to align expected design schedules with the terms of the consultant agreement. However, there are circumstances such as availability of grant funds that result in project completion going past contract terms. Therefore, staff is requesting City Council to also authorize the City Manager to discretionarily approve a one-year time extension to allow consultants to complete assigned projects. An evaluation has been completed to estimate the services required for the next three years and is provided in the following chart. In addition to the projected services required the chart also provides the previous three years use of consultant services. Item 8. - 2 xB -146- r M M✓ SO REQUEST FOR COUNCIL ACTION MEETING DATE: 11/21/2011 DEPARTMENT ID NUMBER: PW 11-065 Environmental Status: Not Applicable Public Works Commission Action: Not required. Strategic Plan Goal: Maintain, improve, and obtain funding for infrastructure and equipment. Attachment(sl: 0 betper0 • 1. Professional Services Contract between the City of Huntington Beach and AECOM Corporation for On -Call Civil Engineering Design Services 2. Professional Services Contract between the City of Huntington Beach and Lee and Ro, Inc for On -Call Civil Engineering Design Services 3. Professional Services Contract between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. PACE for On -Call Civil Engineering Design Services 4. Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc for On -Call Civil Engineering Design Services 5. Professional Services Contract between the City of Huntington Beach and VA Consulting, Inc for On -Call Civil Engineering Design Services HB -147- Item 8. - 3 ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEE & RO, INC. FOR ON CALL CIVIL ENGINEERING SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance..................:..................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...................................................................................................I............9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEE & RO, INC. FOR ON CALL CIVIL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and LEE & Ro, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide civil 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 all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional svcs mayor I of 11 12/07 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 /%j Y -P144A W , 20// (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seven Hundred and Fifty Thousand Dollars ($750,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/ surfnet/professional sves mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may -be used by CITY as it sees fit. 8. . HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/ surfnet/professional svcs mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/ surfnet/professional svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification, of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/ surfnet/professional sves mayor 5 of 11 12/07 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. 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. agree/ surfnet/professional Svcs mayor 6 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: James Wagner 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Lee & Ro, Inc. Attn: Dhiru Patel 1199 S. Fullerton Rd. 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. agree/ surfnet/professional svcs mayor 7 of 11 12/07 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 which is hereby affected shall be agree/ surfnet/professional svcs mayor 8 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/ surfnet/professional svcs mayor 9 of 11 12/07 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, hel b t signatory or is withdrawn. CONSULTANT's initial 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/ surfnet/professional svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, LEE & RO, INC. COMPANY NAME By: print name ITS: (circle one) Chainn residen ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California .A ayor ity Clerk AND INITIATED AND APPROVED: By: Director of Public W rks print name ITS: (circle one) Secretary/Chief Financial Office /Asst. ecretary - er REVIED APPROVED: APPROVED AS TO FORM: to f--City Attorney agree/ surfnet/professional svcs mayor 11 of 11 12/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as -needed' basis for SEWER & WATER projects to be determined during the term of the agreement. During the term of this agreement, CITY may electe to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of servces, work shcedule, 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 the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit_ the names and qulaification of these 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. Surfnet 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 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 2007. 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 a Attend pre -construction conference. ® Monitor construction schedule, visit construction site as required for progress and quality of work evaluation. ® Assist the engineer, contractor, and construction manager/contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. • 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. EXHIBIT A.2 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 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. The City has implemented a 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: The City wishes to contract with approximately six 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. LEE & RO has recently completed several assignments for the City. Each of the assignments required a full range of technical experts. Edwards Hill Reservoir and Pump Station The City has been experiencing problems with flow capacity, electrical controls, and the inability to drain the reservoir down to full capacity. LEE & RO evaluated the entire pump station including mechanical, electrical, structural, and controls, and developed a technical memorandum outlining specific recommendations to improve this key facility. As a result of the analysis new VFD's were installed in the station to improve pump motor efficiency and provisions were included for future energy recovery at the station. The recommended hydraulic changes are pending but should allow for the use of almost the full depth of the reservoir at minimal cost to the City. .Ranger 16 Sewer Lift Station This assignment included reviewing and updating a previous design to function as the City's standard lift station design package. LEE & RO produced a final package that met all building codes, functional LEE &1 RID, Inc. LAPROPOSAL\11-PROPS\11-68\FINAL PROPOSAL.doc requirements, and then provided construction management support for the upgrades. Welt .10 - In June 2010, the City issued a task order authorizing LEE & RO to develop final plans and specifications necessary to rehabilitate the Water Well #10 Pump Station, which had been severely damaged as a result of a fire. LEE & RO designed a new concrete roof to replace the original wood roof burned as a result of the fire, a new muffler room, redesigned the natural gas engine controls and SCADA system and relocating these new systems to a new electrical controls room to facilitate remote operation and monitoring of the engine. LEE & RO's new design eliminated the problems which caused the fire and provided operational upgrades to the well that will allow for easier operator control and emergency backup. With our recent track record with the City on the current on -call contract, we are confident that LEE & RO has the understanding, skills and resources to successfully execute these assignments. The contract duration for these on -call services will be for a 3-year term. LEE & RO has elected to pursue sewer and water improvements assignments under the on -call services contract. Although particular task order assignments with specific scopes of work have not yet been identified, in general, the required engineering 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 base maps in AutoCAD 2007, preliminary layouts, estimates of probable costs, and alternatives as requested • 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 including County of Orange and CALTRANS at the discretion of City Staff E LEE & R®, Inc. L \PROPOSAL\11-PROPS\11-68\FINAL PROPOSAL.doc 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 The City's standard specifications and general provisions along with the required bid forms will be included in the final bid package o All drawings will be in AutoCAD 2007, have bearings based on the CA Coordinate System (Zone 6), and be wet signed and stamped on 24" X 36" 4-mil Mylar 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. All project AutoCAD files (i.e. drawing, x- refs, blocks, fonts, pen styles, etc.) will be provided to the City on CD, DVD format or via email at the discretion of the City. Bidding Assistance • Attend pre -bid conference and job walks at City's request • 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. • Prepare addenda, as necessary • Analyze contractors' bids and make a recommendation of award to the City EnZineering 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 • Conduct analysis of claimed changed conditions and develop corrective actions • Review shop drawing submittals, review and respond to RFIs, and review and negotiate contractor's change order requests, and provide peer review of other submittals per City Staff Engineering Services Post -Construction • Prepare "as -built" drawings for the City upon completion of construction D 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. 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 t- LEE & RO, Inc. LAPROPOSAL\11-PROPS\11-68\FINAL PROPOSAL.doc providing cost effective and performance appropriate designs. 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 our management plan. Planning meetings with key representatives for each project during preliminary design will be important to address concerns of all parties. This will avoid costly redesign or change orders. Based on our experience in providing design engineering services on many on -call as - needed task order type multi -year contracts over the 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: 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. 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, Tom Holliman, PE, 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 �n LEE & RO, Inc. L:\PROPOSAL\11-PROPS\11-68\FINAL PROPOSAL.doc experienced in helping to define project needs, and in working with groups to reach consensus. Once the project goals and requirements have been defined, our Principal -In -Charge ensures that the project is allocated the appropriate resources to successfully execute the project tasks. 2. Project Management Plan An early objective of the planning process is to define a clear and concise scope of work and schedule. 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: 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, 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. Asa subset of the Project Management Plan, the Communications Plan will: 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. Face-to-face review meetings with the City Is 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. 4. Quality Management Quality Control is emphasized in our management concept as a continuous process throughout the duration of the LEE & RO, Inc. LAPROPOSAL\11-PROPS\11-68\FINAL PROPOSAL.doc project's development. 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: 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 • 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. 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. 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 totheCity 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. 6. Anticipation of Project Challenges Throughout the life of a project, situations often arise that can adversely affect original plans. 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. GNEMEMMM LEE & RO will thoroughly review all relevant and available existing construction plans and specifications provided by the City for a particular task order assignment. . ; LEE & RO, Inc. LAPROPOSAL\11-PROPS\11-68\FINAL PROPOSAL.doc Additionally, in conjunction with our own QA/QC program, we will also carefully review and appropriately apply relevant City 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. 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, and cost estimating. 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 format. The LEE & RO Program Director, Task Order Project Managers, and key personnel proposed for this assignment are all credentialed professionals 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. We have included a sample schedule (Exhibit E-1) for a water replacement project which outlines all of the necessary components of preliminary design, final design, bidding, and construction. The sample schedule assumes the pipeline to 5,000 linear feet with construction being complete with two months. Working Days Start Date End Date A. Kickoff Meeting 1 10/11/11 10/11/11 B. Preliminary Design 10% TM 38 10/12/11 12/02/11 C. 60% Design 32 12/05/11 01/17/12 D. 90% Design 27 01/18/12 02/23/12 E. Final 100% Design 15 02/24/12 03/15/12 F. Bidding30 03/15/12 04/25/12 G. Services During Construction 2 months 40 04/26/12 06/20/12 H. Post Construction Assistance As-Builts 10 06/21/12 07/04/12 Because LEE & RO expects to function as an extension of City Staff we have identified several tasks which we will need the City Staff to complete for each assignment. These include: LEE & RO, Inc. LAPROPOSAL\11-PROPS\11-68\FINAL PROPOSAL.doc EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. 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. I — Proposed Hourly Fee Schedule Total fees shall not exceed Seven Hundred and Fifty Thousand Dollars ($750,000.00). 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 LEE & RO, Inc. HOURLY BILLING RATE SCHEDULE Effective For 3-Year Contract Duration PERSONNEL CLASSIFICATION BILLING ($/DOU R112 ENGINEERS En ineer 8 E8 Managing Engineer Engineer 7 7 Supervising Engineer Engineer 6 E6 Principal Engineer Engineer 5 E5 Senior Engineer Engineer 4 E4 Engineer Engineer 3 E3 Associate Engineer Engineer 2 E2 Assistant Engineer 110 Engineer 1 E1 Junior Engineer 97 DESIGNERS/CAD DRAFTSPERSONS Technician 7 T7 Supervising Designer 151 Technician 6 T6 Principal Designer 137 Technician 5 T5 Senior Designer 123 Technician 4 T4 Designer 110 Technician 3 T3 Associate Desi ner 97 Technician 2 T2 Drafts erson 84 Technician 1 T1 Junior Draftsperson 75 RESIDENT ENGINEERS / CONSTRUCTION INSPECTORS Field Professional 6 F6 Principal Resident Engineer 166 Field Professional 5 F5 Senior Resident Engineer 151 Field Professional 4 F4 Principal Inspector/Resident Engineer 137 Field Professional 3 F3 Senior. Inspector 123 Field Professional 2 F2 Inspector 110 Field Professional 1 F1 jAssistant Inspector 97 ADMINISTRATIVE Administrative 5 A5 Contract Manager 137 Administrative 4 A4 Administrative Professional 97 Administrative 3 A3 Sr. Word Processor 84 Administrative 2 A2 Word Processor 75 Administrative 1 Al 1 Clerical/Office Aide 62 (a) Three-year contract term is anticipated to run from November 2011 through October 2014 (b) Engineer classification generally conforms to "ASCE Professional Grade Descriptions". LAPROPOSAL\11-PROPS\11-68\Contract Billing Rate Schedule (2012 - 2014).xis LEE & RO, Inc. LEE & RO, Inc. Direct Expense Schedule (From November 2011 to October 2014) Automobile Mileage In-house Reproduction Vellum Original Mylar Original Outside Charges (Subs, Reproduction) Other Direct Expenses Current IRS published rate $ 0.12 / sheet (8-1/2xl 1 Bond) $ 0.24/ sheet (1 lx17 Bond) $ 0.36/ sheet (color, 8-1/2xl1) $ 0.60 / sheet (color, 1 lxl7) $ 1.80 / sheet (2406 Bond) $ 8.50/ sheet (2406) $16.50/ sheet (2406) Invoice Amount plus 10% handling charge (or per contract provisions) Overnight mailing, equipment rental, materials/supplies, etc. - Cost plus 10% handling charge (or per contract provisions) laproposal\I1-props\11-68\direct exp rates. doc AD A (ED SURVEY sulm- AN] Larry E. Barnes Principal July 12, 2011 Ms. Donna Smith Business Development Coordinator LEE & RO, Inc. 1199 S. Fullerton Rd. City of Industry, CA 91748 Subject: 3 year Rate schedule for the City of Huntington Beach Dear Ms. Smith: Advanced Survey Concepts Inc. is pleased to submit a current Rate schedule that would be aplicaple for a 3 Years contract. Thank you for including A.S.C. on your team, and we look forward to being of Service to LEE & RO, Inc. A.S.C. can provide additional information upon request. Sincerely, 17 C� Larry E. Barnes, P.L.S. 7766, President A,)Gnced Survey Concepts Inc. I SURVEYING . MAPPING • CONSTRUCTION STAKING 470 Wald, Irvine, CA 92618 • TEL (949)727-9546 ® FAX (949)713-4750 Larry E. Barnes Principal HOURLY RATE SCHEDULE OFFICE PERSONNEL FEE Principal - Licensed Land Surveyor $ 125.00 Survey CALC'S / CAD Operator $ 85.00 Specification Typist $ 45.00 FIELD PERSONNEL FEE 2 Person Survey Crew 2 Person Survey Crew - Overtime $ 190.00 $ 285.00 TRAVEL RELATED- REEMBURSEMENT FEE 2 Person Survey Crew — Travel Time Per Hour Fee $ 100.00 Perdiem Per Day Person $ 75.00 Mileage Per mile $ 0.65 • ASC reserves the right to provide a 1 (one) man robotic Survey crew in lieu of a 2 (two) man Survey crew when applicable. • Survey Crew hours are from 6:30 a.m. to 3:00 p.m. Monday through Friday unless Requested or required by Project. • All Survey requests will be subject to a (4) four hours minimum cost. • Travel costs will not apply unless approved prior to approval of contract. • Travel time will apply ONLY when traveling back to office and after 8 hour of field surveying. • All billable time is Portal to Portal (Office to Office) • Non -contract survey services with prior authorization by client will be billed at a time and material rate, and will be a minimum of (4) four hours per request. • NOTE: Blueprinting, reproduction, computer plotting, messenger service and other direct expenses will be charged at cost plus 10%. No additional charges for mileage, supplies, or telephone expenses will be included. SURVEYING - MAPPING - CONSTRUCTION STAKING SOILS ENGINEERING, INC. Consulting Geotechnical Engineers 2860 WALNUT AVE. - SIGNAL HILL. CALIF. 90755 - PHONE 56?J426-7990 - FAX 562r426-1842 JANUARY 2011 FEE SCHEDULE ENGINEER®ING AND TECHNICAL SERVICES (Hourly Rates) Principal Geotechnlcal Engineer/Geologist $160.00 Pile Inspector (Drilled/DriveniTleback) Project Engineer/ Geologist $120.00 Registered Deputy Inspector Staff EnginsedGeologlet $100.00 Laboratory Technician Supervising Technician (Lab/Fleld) $85.00 Technical Typist Field Technician $65.00 Technical Illustrator Field Technician (Prevailing Wage) $90.00 Flefd/LabAssistant Field Support Services $50.00 Expert 1Mtneas (Preparation & Court - 4 hr. min.) Office Services $50.00 LA O� RATORY TESTING AND CORING SERVICES (Rate Per Test) CLASSIFICATION AND INDEX TEST COMPACTION fi R-VALUE TER Sand Equivalent (Cal 217 or ASTM D2419) $60.00 Max DensiV/Opt. Moisture ASTM D1557 (Method A end B) Atterberg Limit (LL&PL per ASTM D4318-D84) $126.00 Max Denelty/Opt. Moisture ASTM D1557 (Method C) Shrinkage Factors (ASTM 0427) $90.00 Max Denslty/Opt. Moisture California 216 Sieve Analysis Including Hydro (ASTM D422) $130.00 R-Value Natural Sol (Cal 301 or ASTM 2844) Sieve Analysis - retained 200 mesh $75.00 R-Value Cement or Lima treated Soll(Cal 301 or ASTM 2844) 200 Wash $40.00 R-Value Aggregate Base (Cal 301 or ASTM 2844) Moisture Content (ASTM D2218) $10.00 CBR (ASTM O1883) - Soil Moisture Content & Dry Density -- Ring (D2937) $15.00 CBR - Base Moisture Content Dry Density - Shelby Tube $25,00 CONSOLIDATION AND EXPANSION TEST Specific Gravity - Soil $100.00 Consolidalon ASTM D2436 {Method A) ITRENGTH TEST Direct Shear UU (1 point) Direct Shear UU (3 points) Direct Shear CD (3 points) Unconfined Compression Residual Shear (3 Sheer) SOIL CHEMISTRY Sulfatea Chlorides PH Resistivity Corroalvity Suite (So4, Cl, pH, Resistivity) DIAMOND CORING 2" to 6" Diameter 8" to 9" Diameter Hourly Charge Portal-to-Portal/Standby Time Minimum Charge Compression Test 6)(12" Cylinders Incl. Hold (ASTM 039) each Sample Pickup each (set of 4) (per hour rate) Compression Test, 2", 4" and 6" Cores (ASTM C42) each Mortar Compression Grout Compression Masonry Prisms Consolidation ASTM D2435 (Method e) Time Rate per Load Increment $75.00 Expansion Index (2,5° DlemeterSpecimen) $150.00 Expansion Index (4.0" Diameter Specimen) $190.00 Single Load Swell or Collapse Test $235.00 ASPHALT CQNCRETE TEST $20D.00 Mix Design by Marshall or Stabilometer Method Field Density for Compacted Mix (Cal 308) $60.00 Thickness of Compacted Mix $60.00 Theoretical Max. Sp. Gravity& Density of Bituminous Mbdume (ASTM D 2071) $50.00 Extraction of Bitumen Met, % Oil in mix (ASTM D2172, Meth. A) $80.00 Maximum Density Determination (Cal 304, 2 pt. Average) $225.00 Stability Value (Cal 306) Extraction of Bitumen Material by Ignition Method $50.00 AGGREGATE AND SASE COURSE TEST $65.00 Durability of Aggregate (Cal 229) $126.00 Slave Analysis, Fines Only (ASTM C136) $250.00 Sieve Analysis, Fines and Coarse (ASTM C136) &/or (Cal 202) Cleanness Value CTM 227 Sp. Gravity, Fine aggregate Incl. % Absorption (ASTM 0128) $20.00 Sp. Gravity, Coarse Aggregate Ind. %Absorption (ASTM C127) $50.00 Abrasion Resistance -LA Rattler,100-500 rev. (ASTM C131) $35.00 Centrifuge Kerosene Equivalent (Cal 303) $20.00 $30.00 $100.00 1A,§I§ QF CHARGES Regular Hours: Monday to Friday-7:00 AM to 4:00 PM Laboratory test rates do not Include sampling time or cost of equipment to secure 0yartlme Houra: 1.5 times regular rate over 8 hours per the samples. day, night shifts and Saturdays. Double time regular rate on Sundays, Holidays and work days over 12 hours. Minimum Charge: 2-hour minimum for show -up if not oancetied two (2) hours prior to arrival. 4-hour minimum if Inspection Is equal to or less than four (4) hours. Mileages Mileage shall be billed at $0.55 per mile from office to project site and back. $85.00 $85.00 $60.00 $45.00 $00.00 $50.00 $300.00 $140,00 $150.00 $1180,00 $210.00 $225.00 $250.00 $270.00 $380.00 $170.00 $328.00 $35.00 $85.00 $100.00 $100.00 By Quotation By Quotation $25.00 $110.00 $130.00 $170.00 $100.00 $170.00. $200.00 $75.00 $90.00 $115.00 $100.00 $76.00 $120.00 $200.00 Charges for all field work will be computed on a portal-to-portal beats with a minimum of two (2) hour show -up. Field work wll be billed on a time and material basis unless quoted otherwise. Outside equipment/services, 0 applicable, will be billed on the basis of our cost plus 15%. Engineering reports (up to 5 copies) shall be billed on a time and material basis with a minimum charge of $350.00. Additional copies Will be furnished at a cost of $0.50 per page, plus $6.00 for binding. Fees charged are for professional and technical services and are due upon presentation. If not paid within thirty (30) days of Invoice, they are considered peat due and a finance charge of 1 %% per month will be added to the unpaid balance (18% annual -percentage rate). Rates Valid Through December 31, 2011 KOA CORPORATION PLANNING & ENGINEERING BILLING RATES These billing rates will be in effect for the duration of the contract. Our billing rates are generally based upon direct salaries, a 167.50% overhead, and a 10% profit. No Annual adjustments will be made for these fees during the 3-year contract duration. CEO / President $23 5/hour Firm Principal / Vice President $190/hour Senior Designer $185/hour Senior Transportation Engineer / Planner $155/hour Accounting Management $145/hour Senior Civil Engineer $135/hour Construction Manager $13 5/hour Resident Engineer $125/hour Associate Engineer / Planner $120/hour Assistant Construction Manager $115/hour Office Engineer $115/hour Project Controls $105/hour Senior Construction Observer $95/hour Construction Observer $90/hour Public Works Inspector $90/hour Assistant Transportation Engineer / Planner $80/hour CAD Technician $70/hour Administrative Assistant $65/hour Messenger/Intern $45/hour Additional Costa ➢ Telephone, equipment, and fax are normally included in above hourly costs. ➢ Direct expenses including blacklining, commercial CAD plotting, commercial printing, subconsultant expenses (if any), issuance of specially endorsed insurance certificate, and direct costs, are billed at cost plus 5% unless stated otherwise. ➢ Mileage is charged at the federally allowed rate. ➢ Public meetings and public hearings will be billed as extra work at the rates above. There is a four-hour minimum for nighttime public hearings. ➢ Expert Witness Rates in court, in the field, or at depositions are not shown. ➢ Invoices would be submitted monthly based upon project progress (percentage). Accounts are past due after 30 days. A finance charge.of 1.5% per month, after invoice date, may be assessed on.accounts more than 60 days past due. L-\PROPOSAL\ 11-PROPS\ 11-68\Srwbs\KOA\KOA Rates.dot SAP- DIG A wBE Firm SAF-r-DIGBM Utility Surveys, Inc. S/NCE 1994 P.O. Box 1478, Palm Desert, CA 92261 41-905 Boardwalk, Ste A, Palm Desert, CA 92211 (800) 326-0446 760-776-8274 Fax 760-776-8278 www.safrdig.com ® SPOT -ROLE TM by SAF-r-DIG sm is Men%=CA— 71492, AZ.106645 - "Your Safe and Accurate Window to the Underground" Fee Schedule Southern California LEE & RO, Inc. Effective Date of July 1, 2011 to June 30, 2012 Billable Professional Staff Corporate Officer $ 360.00 Project Manager* $ 220.53 Office Manager $ 81.49 Administration $ 125.75 Journeyperson** $ 220.53 "* Note: The above items are based on Prevailing Wage Determination Compliance Prevailing Wage will be increased (but unknown at this time) Therefore, for each year after said date It will be increased by approx. 4.6% for At Site Time ONLY Pre-Paid/Other Direct Costs (substantiated with receipts) - Actual +15% Bonding $ Cost +15% Subcontractor Equipment & Supplies $ Cost +15% Encroachment Permits $ Cost +15% Mobilization and Demobilization -Per Mile Vacuum Truck $ 1.22 Mobilization and Demobilization - Per Mile Support Truck $ .61 Per Diem - Hotel & Subsistence (2-man Crew) Per Day $ 250.00 Reprographics $ Cost +15% Sub -Contracted traffic control / permits / plans $ Cost +1511/0 Vacuum Equipment —per hr. $ 145.00 Support Vehicle — per hr. $ 80.00 An additional charge of $95.00 per foot after six (6) feet will be required $ 95.00 QPR/Supplies — Per Spothole $ 20.00 Water Jetting (if applicable) /Back Hoe Equipment (if applicable) $ Cost +15% NOTE: In the absence of known quantities and conditions, it is suggested that Pre -bid and Pre -interview "Estimate Proposals" are based on 32 Spot-holesTm or $40,000. Adverse Soil Conditions could require a "Change Order" As the Owner/Consultant discussions evolve and mature, the Consultant is expected to decide priorities for them to be performed. If priority, SPOT-HOLETM's at the 75% stage, indicates that $40,000 amount will be exceeded, the Consultant has the choice of requesting a Change Order to complete the priority SPOT-ROLIrTm's or have the remaining potholing requirements left over for the "Construction Stage" of the project. Serving Major Cities in: CALIFORNIA AND ARIZONA "3-Dimensional Information" "Using Non -Destructive Vacuum Soil Extraction Technology" "Performed with Surgical Skill' We Designate, Locate and Physically VerNy actual depths of existing subsurface utilities and Infrastructure. • 3-Year Billing Rate Schedule Effective from November 2011 to October 2014 Principal $175 Project Manager $125 Associate Landscape Architect $ 95 Clerical $ 40 'B® CERTIFICATE OF LIABILITY INSURANCE OP ID Bli DATE(MWDDNYYY) 10 25 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMP R Aid a certl Date o er is an ADDITIONAL INSURED, the po c es must be endorsed. B GATT IS WAUVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: PHONE 1AJCP No Ext : AIC, No): ACEC/MARSH ADDRESS: 701 Market St., Ste. 1100 CUSTOMER ID #: LBRAN- i St. Louis MO 63101 -8hone:800-338-1391. Fax:888-621-3173 INSURER(S) AFFORDING COVERAGE NAICii INSURED INSURER A: Hartford Underwriters Ins. co. LEE tic RO TNC. 1199 S. Pullerton. Rd. City Of Industry CA 91748 INSURER B INSURERC: INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE lNSR WVD POLICY NUMBER (MMIDD MMOA D LIMITS A GENERALLIABILiTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR X CONTRACTUAL 84SBWEG2776 88PERATIOH OF INaoxaos PAoassezoMAL Lau sxcz, 11/01/11 11/01/22 EACH OCCURRENCE S1,000,000 PREMI3 SOEaolccurrence $ 1, 000, 000 MEDEXP(AnyonDpO(30n) $ 10, 000 PERSONAL dADVINJURY s1,000400 X XCU COVERAGE GENERAL AGGREGATE s2,000,000 GENI_ AGGREGATE LIMIT APPLIES PER: POLICY X JECOT LOG PRODUCTS •COMP/OP AGG $ 2, 000, 000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUT05 84UEGPH2347 11/Ol/11 11/01/12 { COMBINEDSINGLE LIMIT $ 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per eccident) $ PROPERTY DAMAGE (Per accident) $ $ $ A UMSRELLALIAB EXCESS LIAB NOCCUR CLAIMS -MADE 848BWRG2776 11/01/11 11/01/12 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 X DEDUCTIBLE RETENTION $ 10,000 $ _ $ A WORKERSCOMPENSATI N AND EMPLOYERS' LIABILITY YIN OFFICERIMEM ER EXCLUDED? ECUTIVf (Mandatory in NH) if yyes, describe under OESCRIPTIONOFOPERATIONSbelow l A 84WBGBH e e y�� ® 1`".. V 11/14/11 ®� A RM 11/01/12 X TATU I TORY LIMITS ER ^. E.L. EACH ACCIDENT $1, 0 0 0 , 000 E.L. DISEASE- EA EMPLOYEE[ $1,000,000 E.L.D]SEASE-POLICVLIMIT $1,000,000 C Ity, ey DESCRIPTION OF OPERATIONS I LOCATIONf I VEHICLES (Attach ACORD 101. Additional Remarks Schedule, H more space is requ ed) RE: On -Call Civil Engineering Services; ob #1109- 30 Mayas notice of cancellation will be given to the certificate holder per policy endorsement. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Attn.. James Wagner 2000 Main Street CZTYaF I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE POLICY PROVISIONS. O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD — D,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYY) 1 14 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 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 626 844-3070 INSURED INSURER A: American Automobile Ins. Co. INSURERS: ACE American can Insurance Company Lee & Ro, Inc. 1199 S. Fullerton Road City of Industry, CA 91748-1232 INSURERC: INSURER D: 626 912-3391 INSURER E: nnVFRAGFS E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRDATE TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION fMWDDfM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MEO EXP An one person $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC JeCT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per Parson) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ rj7) AUTOONLY: AGG EXCESS LIABILITY OCCUR CLAIMS MADE �TA� A �b' IIII ����1111 ,( lYl i\L 4. ,1O EACHOCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE / / $ RETENTION $ A WORKERS COMPENSATION AND WZP80987325 11/14/2010. 11/14/2011 X I TORY'NiMINF• OTH- EMPLOYERS' LIABILITY aiver Of Sub E.L. EACH ACCIDENT $1 000 OOO E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE -POLICY LIMIT $1 000 000 B OTHER Professional Liability G23634983005 10/17/2011 10/17/2012 $2,000,000 Per Claim $2,000,000 Annual Aggr DESCRIPTION OF OPERATIONSA NSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS On- ngii: ering Services; Job #1109 *NOTE: Certificate has 'the amended cancellation wording to serve as the 30 day notice of cancellation for all of policies listed. IaK I R IGA I t MULL1tK I I ADDITIONAL INSURED; INSURER LETTER: 9,AIV11CLLA I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Attn: James Wagner NAMED TO THE LEFT. 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRE$ENTATiV a ai.i ecnRn 219c 171971 a ACORD J Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured: Lee & Ro, Inc. Producer: Dealey, Renton & Associates Schedule Person or Organization City of Huntington Beach Attn: James Wagner 2000 Main Street Huntington Beach CA 92648 Additional Premium % We have the right to recover our payments from any- one 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.) Authorized Representative Policy Number WZP80987325 Effective Date 10 / 14 / 2 011 Job Description RE: On -Call Civil Engineering Services; Job #1109 -- The City of Huntington Beach, its directors, officials, officers, employees, agents and volunteers You must maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. WC040306 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured: Lee & Ro, Inc. Producer: Dealey, Renton & Associates Schedule Person or Organization City of Huntington Beach Attn: James Wagner 2000 Main Street Huntington Beach CA 92648 Additional Premium % We have the right to recover our payments from any- one 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.) Authorized Representative Policy Number WZP80987325 Effective Date 10 / 4 / 2 011 Job Description RE: On -Call Civil Engineering Services; Job #1109 -- The City of Huntington Beach, its directors, officials, officers, employees, agents and volunteers You crust maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. WC040306 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured: Lee & Ro, Inc. Producer: Dealey, Renton & Associates Schedule Person or Organization City of Huntington Beach Attn: James Wagner 2000 Main Street Huntington Beach CA 92648 Additional Premium % We have the right to recover our payments from any- one 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.) Authorized Representative WC040306 Policy Number WZP80987325 Effective Date 10 / 4 / 2 011 Job Description RE: On -Call Civil Engineering Services; Job #1109 -- The City of Huntington Beach, its directors, officials, officers, employees, agents and volunteers You must maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. Form W=9 Request for Taxpayer Give form to the (Rev. October2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) m LEE & RO Inc. CD Business name, If different from above c 0 m C Check appropriate box: ❑ Individual/Sole proprietor ® Corporation ❑ Partnership Exempt ,.,. 0 ❑ Limited liabil' corn an .Enter the tax classification D=disr arded ent' C=cor oration, P= artnershi ► _ _ _ _ _ _ _ liability company. ( e9 entity, P P p) ❑ payee p 2 ❑ Other (see instructions) ► Address (number, street, and apt. or suite no.) Requester's name and address (optional) a,, 1199 S. Fullerton Road City, state, and ZIP code 0 co City of Industry, CA 91748 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. 95 ; 3443396 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here I U.S. person 0- General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date ► J Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) Form W-9 (Rev. 10-2007) • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if. 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part If instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, Page 2 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). Check the "Limited liability company" box only and enter the appropriate code for the tax classification ("D" for disregarded entity, "C" for corporation, "P" for partnership) in the space provided. For a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and any business, trade, -or DBA name on the "Business name" line. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the business name, sign and date the form. TABLE 1. ON -CALL CIVIL ENGINEERING DESIGN SERVICES PROPOSALS RECEIVED No. Proposers In Alphabetical Order City and State 1 A & E Consultants Group, Inc. Brea, CA 2 AECOM Newport Beach, CA 3 AKM Consulting Engineers Irvine, CA 4 APA Engineering, Inc. Irvine CA 5 Civil Source, Inc. Irvine, CA 6 Civil Works Engineers Costa Mesa, CA 7 CNC Engineering Irvine, CA 8 Duca-McCoy, Inc. Corona Del Mar, CA 9 Dudek San Juan Capistrano, CA 10 Engineering Alignment Systems, Inc. Santa Ana, CA 11 FPL and Associates, Inc. Irvine, CA 12 Harris & Associates Concord CA 13 Huitt-Zollars, Inc. Irvine, CA 92602 14 Hunsaker & Associates Irvine, Inc. Irvine, CA 15 Kabbara Engineering Orange, CA 16 KOA Corporation/CBM Consulting, Inc. Gardena, CA 17 Lee & Ro, Inc. City of Industry, CA 18 Mead & Hunt, Inc. Sacramento, CA 19 Pacific Advanced Civil Engineering, Inc. (PACE) Fountain Valley, CA 20 PENCO Engineering, Inc. Irvine, CA 21 PSOMAS Los Angeles, CA 22 RBF Consulting, Inc. Irvine, CA 23 RKA Consulting Group Walnut, CA 24 SA Associates Arcadia, CA 25 Stantec Consulting Inc. Irvine, CA 26 Tetra Tech, Inc. Pasadena, CA 27 VA Consulting, Inc. Irvine, CA 28 VCA Engineers, Inc. Los Angeles, CA 29 W.G. Zimmerman Engineering, Inc. Huntington Beach, CA 30 Winzler & Kelley Santa Ana, CA ON CALL PROPOSALS RECEIVED ON JULY 14, 2011 1 of 1 11/2/2011 0D- ��� TINGTpCITY BEACH ,�l o • a �B9\\\ - - Professional Service Approval Form PART Date: 5/11/2011 Project Manager Name: James Wagner d P_V-3 Requested by Name if different from Project Manager: Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Request to advertise RFP for On -Call Civil Engineering Services. Civil Engineering firms have assisted the PW Staff in projects where either manpower or expertise is required to design the city's infrastructure including arterials, water and sewer. The current three-year contracts for On -Call Civil Engineering Services are due to expire on November 17, 2011 and an RFP and selection of the best qualified consultants (usually 3 to 6 firms) is required to ensure that the PW staff has the ability to hire an approved firm when the CIP budget allows such expenditures. These will be 3 year with a 2 year written extension contracts. 2) Estimated cost of the services being sought: $ 500,000 - $750,000 depending on firm's capabilities and City's needs. (See Attachment for the existing and projected civil engineering consultant needs) 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ❑ Yes ® No 5) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: $ $ 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Deputy City Administrator's Initials R-1 101 owl IN WIM nistrator's Signature Date Diate �2 l Date SZs- /) Date CITY OF HUNTINGTON BEACH Professional Service Approval Form PART 11 Date: 10/19/2011 Project Manager: James Wagner Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Lee & Ro, Inc. 2) Contract Number: PWK (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 750,000.00 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ❑ No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director o fFinance(or designee) Signature Date City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 28, 2011 Lee & Ro, Inc. Attn: Dhiru Patel 1199 S. Fullerton Rd. Industry, CA 91748 Dear Mr. Patel: Enclosed for your records is a fully executed duplicate original of the "Professional Services Contract Between the City of Huntington Beach and Lee & Ro, Inc. for On Call Civil Engineering Services." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:fb11owup:agrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand