HomeMy WebLinkAboutMalcolm Pirnie, Inc. - 2008-12-22CONTRACTS SUBMITTAL TO
CITY CLERK'S OFFICE 2008 DEC 24 Al-110
'IF 11A
To: JOAN FLYNN, City Clerk
JAI 0 6 2009
City of Huntington Beach
Name of Contractor: Malcolm Pirnie, Inc. City Attorney's Office
P u rpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
For Water Use Efficiency Master Plan
Amount of Contract: $99,988.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. F� to Risk Management F-1
Finance Dept. F-1 ORIGINAL bonds sent to Treasurer ❑
dO4WAuJ- Date:
Nbm6/E;itensr`o'n
City Attorney's Office
58
G:AttyMisc/Contract Forms/City Clerk Transmittal
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Malcolm Pirnie, Inc.
FOR
Water Use Efficiency Master Plan
Table of Contents
Scopeof Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.....................................................................................:.6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees...............................................................:..........................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................I I
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Malcolm Pirnie, Inc.
FOR
Water Use Efficiency Master Plan
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 Malcolm Pirnie, Inc. .a, New York Corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
develop a Water Use Efficiency Master Plan ;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:
I. 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 Stephen Davis
who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on December 22 , 20n (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 240 days 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 Ninety-nine thousand nine hundred
eighty-eight
Dollars ($99, 988
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
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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
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apply to all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make 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
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the CITY's election, to forthwith terminate this Agreement. Such termination shall not
effect Consultant's right to be paid for its time and materials expended prior to notification
of termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
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.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section I
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or 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: Bill Crisp
19001 Huntington St.
Huntington Beach, CA 92648
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TO CONSULTANT:
Stephen Davis
Malnnlm Pirni , Inn_
8001 Irvine Center Drive
Irvine, CA. 92618
(949) 450-7948
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be 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
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contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expcnscs incurred by CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
CONSULTANT's Initials
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
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that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
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 Attorney. This Agreement shall expire when
terminated as provided herein.
CONSULTANT,
Malcolm Pirnie, Inc.
COMPANY NAME
tep n Dav
'AA 6
print
t name
JITS:cle one) Chairman/Presiden ice Presidentresident
AND
By:
Robert Belitz
print name
ITS: (circle one) SecretaryChief Financial Officer sst.
Secretary — Treasurer
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CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
City dministrator
INITIATED AND APPROVED:
Public works Director Chief
APPROVED AS TO FORM:
City Attorney F„1i�►a
Date 1� l fL vl
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Consultant shall prepare a Water Use Efficiency Master Plan for the City focusing on, but not
limited to, the City's compliance with Best Management Practices for Urban Water Conservation
as set forth by the California Urban Water Conservation Council.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Please see section "C. Methodology" in the consultant's proposal beginning on page 6.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Please see section "C. Methodology" in the consultant's proposal beginning on page 6. Each
task includes a section on "City Participation."
D. WORK PROGRAM/PROJECT SCHEDULE:
Please see Figure 3 in Appendix B of the consultant's proposal.
Surfnet Exhibit A
Water Use Efficiency Master Plan
November 2008
TABLE OF CONTENTS
• Vendor Application Form and Cover Letter
• Proposal
• Appendix A: Resumes
• Steve Davis
• Tonya Simmons
• Sarina Sriboonlue
• Mark Hildebrand
• Rafesh Prasad
• Appendix B: Graphic Exhibits
Figure 1- Seven Step Iterative Process
Figure 2 - Water Use Efficiency Planning Process
Figure 3 - Proposed Schedule
Figure 4 - Organization Chart
This proposal contains proprietary information that has been provided strictly for the
purpose of evaluating this proposal. The proposal shall not be duplicated, used, or
disclosed —in whole or in part —for any other purpose. Each sheet in this proposal is
subject to the above restriction. Neither the City of Huntington Beach nor any other
organization authorized by Malcolm Pirnie to view this document shall disclose the
information contained herein to any third party.
W40004Iwo m,!tilr`a
INS
C-lt-,Y,6f6HQhti'p-- n Beach
ij "c .Master Plan
Wate,,r,Use;'Ef,,,f'l,Ce�n,,,,yMa
A%C-01
ilkN% li
INDEPENDENT ENVIRONMENTAL
ENGINEERS, SCIENTISTS AND
CONSULTANTS
November 17, 2008
Janet Lockhart, Senior Administrative Analyst
City of Huntington Beach
Finance Department - Purchasing
2000 Main Street
Huntington Beach, CA 92648-2702
Re: Water Use Efficiency Master Plan
Dear Ms. Lockhart and Selection Committee:
Malcolm Pirnie, Inc.
8001 Irvine Center Drive, Suite 1100
Irvine, CA 92618
T:949.450.9901 F:949.450.9902
www.pirnie.com
Thank you for the opportunity to propose for the Huntington Beach Water Use Efficiency (WUE) Master
Plan project. Included herewith are five copies of our technical proposal and five separately bound cost
proposals. Malcolm Pirnie clearly understands the City's project goals and objectives and is well qualified
to deliver this project with the high level of quality and commitment that the City rightly deserves.
The City of Huntington Beach desires to complete a long-term WUE Master Plan focusing on the
development of water conservation programs and projects designed to yield sustainable water savings.
Since becoming a signatory to the Memorandum of Understanding (MOU) regarding Urban Water
Conservation with the California Urban Water Conservation Council (CUWCC) in 2000, the City has met
the coverage requirements of six of the fourteen Best Management Practices (BMPs). The City is
determined to meet the remaining applicable BMP requirements. Malcolm Pirnie understands that the
City has other key drivers to become more water -efficient and, as such, does not want to limit its WUE
Master Plan elements to the published BMPs. In addition to providing the City with a defensible and
implementable WUE Master Plan, we propose establishing sustainable and updatable conservation
planning process.
There are many reasons why the City should select Malcolm Pirnie to perform its WUE Master Plan. Key
benefits to the City include the following:
• Malcolm Pirnie has a successful record of performance with the City on recent financial projects
and related water conservation projects.
• Key members of these projects, already known to City water utility and conservation staff, will
manage and execute the project. Our most senior and qualified local and national conservation,
financial, and information technology staff are assigned to your project.
• Malcolm Pirnie is qualified to prepare water conservation master plans with the CUWCC, is a
consultant member of CUWCC, and our proposed project manager (Mr. Davis) is Malcolm Pirnie's
representative to the CUWCC.
• Malcolm Pirnie understands California's and the US Bureau of Reclamation grant programs. We
have been very successful in helping clients apply for and receive multiple conservation -related
grants from these programs and the Department of Water Resources (DWR). Two of these
Solutions for Life'" 1 CA
Janet Lockhart, Senior Administrative Analyst
City of Huntington Beach
November 17, 2008
successful grants have been through MWDOC with the City as a participant (Water Audits and
Budget -Based Rate Structures). We are also currently working on two ET Controller grant -funded
projects relevant to the City's irrigation efficiency needs.
Malcolm Pirnie has successfully completed projects with MWDOC and is currently working with
MWDOC staff on grant -funded conservation projects.
• Our proposed approach will be highly collaborative with the City staff and its stakeholders and
embodies technical tools and demonstrated successful conservation planning steps. Our proposal
provides graphics that illustrate our Integrated WUE Planning Process and our applied BMP
Optimizer that will be customized for the Southern California water use and cost environments and
modified specifically for Huntington Beach goals and its reporting requirements. Our approach
recognizes the short- and long-term benefits of implementing a database and evaluation tool that
is expandable, flexible, and directly applicable to water system master planning.
• Our method and models will make sense of the wide variety of available conservation options with
overlapping savings, the mix of local conditions, and planning area idiosyncrasies. We use the most
recently accepted costs and savings rates for conservation options and model for the unique
characteristics of City's customer classes (including its own municipal irrigation uses).
A comprehensive WUE Master Plan is the foundation of successful implementation of a water
conservation program. Malcolm Pirnie has assembled a small yet balanced project team of local and
national experts in water demand management and conservation, as well as financial planning and
information technology from our Red Oak.Consulting division. This team is highly confident in its ability
to provide the required services on schedule and within budget. Our proposal includes our understanding
of the City's conservation context, our approach to your detailed scope of work, our qualifications and
project team, a schedule, and budget that could be used to develop a contract immediately.
The WUE Master Plan will be managed out of Malcolm Pirnie's Orange County office. This office is the
closest to Huntington Beach of our 50 offices nationwide and is located at 8001 Irvine Center Drive, Suite
1100, Irvine, CA 92618. 1 certify that I am authorized and have full authority to negotiate for and bind
Malcolm Pirnie during contract discussions. Our separate cost proposal is included herewith but
separately bound for review after technical proposal review. I certify that our proposed contract price is
valid for a period of 180 days from the date of our submittal. Malcolm Pirnie has reviewed the City's
standard agreement and is willing to execute as drafted. Our existing insurance coverage meets the
minimum insurance requirements specified in the standard agreement. We look forward to your positive
consideration of our submittal and participating in the next phase of your selection process.
Very truly yours,
MALCOLM PIRNIE, INC.
5fti. bm�
Stephen E. Davis, P.E., BCEE
Vice President
Enclosures
2
is
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules. See Fee Proposal
submitted CONSULTANT.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such, invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if . CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
The following is Malcolm Pirnie's Fee Proposal for the services described in our attached proposal for developing a WUE Master Plan.
Our proposed Methodology (Section C) Is intended to propose the full suite of services that Malcolm Pirnie believes to be optimal for
responding to the RFP as well as attaining the conservation goals set out by the City. Malcolm Pirnie remains flexible to work with the
City as necessary to scale back certain tasks, or further emphasize others.
Malcolm Pirnie proposes to provide our services on a lump -sum basis for $99,988. Invoices shall be sent to Public Utilities upon
completion of each task as describe in the Work Plan.
Fee Proposid
TASKS
Mc* Principal Senior Mgt Adman
President Conssufte et Consultant
0230 8208 8168 $127 $113 890
Total
Total
Hours
(Labor
Tanis;
fiord et
Task 0 - Project Management
12
0
0
a
0
4
24
$ -
$ 4,135
Task l - Data Collection and Kickoff Meeting
18
2
34
20
8
0
82
550
14,262
Task 2 - Water Use Profile and Forecast
12
32
4
50
15
0
114
0
18,246
Task 3 - BMP Reports Compliance Review
14
16
8
40
8
0
86
220
14,095
Task 4 - Identify Municipal Water Use Efficiency Pro ects
8
8
8
32
8
0
64
220
10,03E
Task 5 -,Identify, City-wide Water Use.Ef fidency, Pro rams
10
8
s8
16
20
0
110
440
18,104
Task 6- Tracking and Reporting
8
0
50
8
0
0
eo
220
11476
Task 7 - Final Deliverables
8
4
20
12
12
8
64
0
9,632
90
70
IN
im
72
12
610
1 s0
TtJ�Iprdect
Budad
599im
Proposal Name: Water Use Efficiency Master Plan
REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
Type of Applicant: ❑ NEW ® CURRENT VENDOR
Legal Contractual Name of Corporation: Malcolm Pirnie, Inc.
Name of Contact for this RFP: Stephen E. Davis, PE, BCEE
Corporate Mailing Address: 8001 Irvine Center Drive
City, State and Zip Code: Irvine, CA 92618
E-Mail Address: sdavisApirnie.com
Phone: (949) 450-7948 Fax: (949) 450-9902
Contact- Person for Proposals: Gina Bonnett
Title: Sr. Marketing Coordinator
Business Telephone: (949) 450-7907
E-Mail Address: bonnett�pimie.com
Business Fax: (949) 450-9902
Is your business: (check one)
❑ NONPROFIT CORPORATION ® FOR PROFIT CORPORATION
Is your business: (check one)
® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Name
Jerry Frieling — Phoenix, AZ
William P. Dee — White Plains, NY
Title
Chairman
President/CEO
1 of 2
Phone
(602) 797-4500
(914) 641-2500
Joe Lauria — Irvine, CA
Jud Warren — Los Angeles, CA
Edward G. Means — Irvine, CA
Vice President
Vice President
Vice President
(949) 450-7900
(213) 614-9002
(949) 450-7921
Federal Tax Identification Number: 13-2653703
City of Huntington Beach Business License Number: A258444
(If none, you must obtain a Huntington Beach Business License prior to execution of contract.)
City of Huntington Beach Business License Expiration Date: 02/28/09
2 of 2
ACO�M CERTIFICATE OF LIABILITY
INSURANCE 12/09/2008l
PRODUCER (908)6S4-0300 FAX (908)654-0332
Sl api n-Li eb & Co.
200 Sheffield Street
Suite 104
Mountainside, N7 07092-2314
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Malcolm Pirnie Inc.
104 Corporate Park Drive
P . 0. Box 751
White Plains, NY 10602-0751
INSURERA: American Intl Specialty Lines
26883
INSURERS:
INSURER C:
INSURERD:
INSURER E:
CAVFRAGFS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADD'
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$
CLAIMS MADE OCCUR
MEO EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER-
PRODUCTS - COMPIOP AGG
$
POLICY JEC, F7 LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESSIUMBRELLA LIABILITY
`IED A*IIU
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
MEFER
AGGREGATE
$
WGRA
M,
icy
$
$
DEDUCTIBLE
%�2 �l �
RETENTION $
$
COMPENSATION AND
WC STATU- OTH-
ITSWORKERS
EMPLOYERS' LIABILITY
ANY PROARIETORlPARTNERIFJCECUTIVE
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
OFFICER/MEMBER EXCLUDED?
H yes, describe under
E.L. DISEASE - POLICY LIMIT
$
SPECIAL PROVISIONS below
A
roV Liab/Contractors
ollution Liab. Ins.
2190384
02/01/ZO08
02/01/Z009
$10,000,000 per Claim
$10,000,000 Aggregate
Including Claims Expense
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e. Water Use Efficiency Master Paln.
(Operations of the Named Insured, including above)
Except 10 days premium non-payment.
City of Huntington Beach
Attn: Kenneth Dills
2000 Main Street
PO Box 190
Hundtington Beach, CA 92648
ACORD 25 (2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORLtED REPRESENTATIVE /f
V.P.
rOACORD CORPORATION 1988
11 O [ ►
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
Water Use Efficiency Master Plan — Request for Proposal Mailing List — October 13, 2008
Brown and Caldwell
Attention: Lisa A. Maddaus, P.E.
10540 White Rock Road, Suite 180
Rancho Cordova, CA. 95670
Mary Lou Cotton
Senior Water Resources Manager
Kennedy/Jenks Consultants
1000 Hill Road, Suite 200
Ventura, CA 93003
Richard Brady & Associates
Attention: Rick Brady
3710 Ruffin Road
San Diego, CA. 92123-1812
A & N Technical Services, Inc.
Thomas W. Chesnutt
839 Second Street, Suite 5
Encinitas, CA. 92024-4452
1
Date: 12-1/A1k
Professional Service Contracts
Purchasing Certification
2. Contract Number: PWK
3. Department: Public Works 4. Requested by: Ken Dills
5. Name of consultant: Malcolm Pirnie, Inc
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to Golicited consultants.
RFP attached "eX/111-51 T
7. Amount of the contract: $99,988
8. Are sufficient funds available to fund this contract?' ® Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
10. Business Unit and Object Code where funds are budgeted: 50685801.69365
11. Is this contract less than $50,000 ❑ Yes ® No
12. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No
13. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
1.5. Attach list of consultants from whom proposals were requested (including a contact telephone number).
The proposal was mailed directly to the attached list of consultants and was available via the City's web
site. A list of firms providing proposals is also attached.
16. Attach proposed scope of work.
Attached as Exhibit A of the contract.
17. Attach proposed payment schedule.
Attached as Exhibit B of the contract.
IL
—Department Head igna re
P1CHARD AMADRIL
ntral Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.