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HomeMy WebLinkAboutPacific Advanced Civil Engineering (PACE) - 2017-02-06 � City of Huntington Beach 1P65 Y-ABSEAJT) r File #: 19-1189 MEETING DATE: 12/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Tom Herbel, PE, Acting Director of Public Works David A. Segura, Interim Fire Chief Subject: Approve and authorize execution of Amendment No. 1 to Professional Services Contracts for As-Needed Environmental Engineering Services with Geosyntec Consultants, Inc., Tetra Tech, Inc., Group Delta Consultants, Inc., Environmental Engineering & Contracting, Inc. (EEC Environmental Inc.), Huitt-Zollars, Inc. and Pacific Advanced Civil Engineering, Inc. (PACE), extending each contract's expiration date to February 6, 2021 Statement of Issue: The Public Works and Fire Departments require environmental engineering services on an as- needed basis to support staff for general environmental engineering consultation and the implementation of programs and inspections under the hazardous waste and material, landfill and gas, and the water quality programs, as administered and implemented by Public Works and Fire Department's staff. The existing contracts for these services expire on February 6, 2020, but allow for a one-year extension. At this time, approval of the extensions is recommended. Financial Impact: These are contract time extensions. No additional compensation is requested. Funds for these services are included in the Fire and Public Works Department FY 2019/20 budgets. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As- Needed Environmental Engineering Services;" and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services;" and, C) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional City of Huntington Beach Page 1 of 3 Printed on 12/11/2019 _ SE E- se—PIT)QAT-E F—/, — EmrlY Z'ml r T_powere23J LegistarTM File #: 19-1189 MEETING DATE: 12/16/2019 Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As- Needed Environmental Engineering Services"; and, D) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and EEC Environmental for As-Needed Environmental Engineering Services;" and, E) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services;" and, F) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. for As-Needed Environmental Engineering Services." Alternative Action(s): Do not authorize the contract amendments and direct staff with an alternate action. Analysis: On February 6, 2017, the City Council approved six contracts for as-needed environmental engineering services. This action followed a lengthy and competitive Request for Qualifications ("RFQ") process, which determined these firms to be the most qualified to provide these services. The firms receiving contract awards included Geosyntec Consultants, Inc.; Tetra Tech, Inc.; Group Delta Consultants, Inc.; EEC Environmental, Inc.; Huitt-Zollars, Inc. and PACE, Inc. These six (6) contracts have provided as-needed environmental engineering consultation for general environmental services and implementation of programmatic elements under landfill and gas, hazardous waste and material, and water quality programs. The contract services have historically been utilized to supplement city staff to meet inspection requirements, as an extension of staff, or to provide required expertise for unique projects. They have allowed the departments to have greater flexibility in obtaining the expert environmental engineering professional services required for city projects. At this time, the allowable one-year extension of the six (6) contracts is recommended. The firms have performed well during the contract term and both the Fire and Public Works Departments will not exceed their respective budget appropriations for the professional services provided through these agreements. Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 12/11/2019 powered LegistarTO File #: 19-1189 MEETING DATE: 12/16/2019 Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Geosyntec, Inc. for As-Needed Environmental Engineering Services 2. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services 3. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As-Needed Environmental Engineering Services 4. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services 5. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services 6. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and-PACE, Inc. for As-Needed Environmental Engineering Services City of Huntington Beach Page 3 of 3 Printed on 12/11/2019 powere2Mj LegistarTM AMENDMENT NO, I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and PACIFIC ADVANCED CIVIL ENGINEERING,INC.,a California Corporation, hereinafter referred to as"CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated February 6, 2017, entitled"Professional Services Contract Between the City of Huntington Beach and PACIFIC ADVANCED CIVIL ENGINEERING, INC."which agreement shall hereinafter be referred to as the"Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the extension of term of one (1) year, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. EXTENSION OF TERM The term of the contract is hereby extended to February 6, 2021. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 19-7931/214479 1 .. .... _.... ........ __ - .._. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on December 16 , 2019. CONTRACTOR, PACIFIC ADVANCED CIVIL CITY OF HUNTINGTON BEACH, ENGINEERING, INC. a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/President/Vice or President AND Ci y Clerk il91.24 A INITIATED AND APPROVED: By: i ctor u is or s print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer EVI W AN APPRO ED: City Manager APPROVED ORM: City Attorney 'q/ 19-7931/214479 2 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on December 16 , 2019. CONTRACTOR, PACIFIC ADVANCE CIVIL' CITY OF HUNTINGTON BEACH, ENGINEERING, a municipal corporation of the State of California By: D,SiM print naive ITS: (circle one) Chairman/('resident ice Mayor i esi en AND City Clerk INITIATED AND APPROVED: By: May, E YA b5 Director of Public Works pr ITS; (circle one) tar I hicf Financial intecre Officer/Asst. Secretary—Treasurer reasurer REVIEWED AND APPROVED; City Manager APPROVED AS TO FORM: City Attorney W 19-7931/214479 2 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov EB'1),1909P ` Office of the City Clerk Robin Estanislau, City Clerk January 13, 2020 Pacific Advanced Civil Engineering Attn: Bruce M. Phillips 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 Dear Mr. Phillips: Enclosed is a fully executed copy of the "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Pacific Advanced Civil Engineering for As Needed Environmental Engineering Services" approved by the Huntington Beach City Council on December 16, 2019. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept.ID PW 16-061 Page 1 of 4 Meeting Date:2/6/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 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 David A. Segura, Fire Chief SUBJECT: Approve and authorize execution of 6 Professional Services Contracts for As- Needed Environmental Engineering Services with: 1) Geosyntec Consultants, Inc. in an amount not to exceed $450,000 over a three year period, 2) Tetra Tech, Inc. in an amount not to exceed $550,000 over a three year period, 3) Group Delta Consultants, Inc. in an amount not to exceed $150,000 over a three year period, 4) Environmental Engineering & Contracting, Inc. (EEC Environmental Inc.) in an amount not to exceed $375,000 over a three year period, 5) Huitt-Zollars, Inc. in an amount not to exceed $325,000 over a three year period and 6) Pacific Advanced Civil Engineering, Inc. (PACE) in an amount not to exceed $325,000 over a three year period in an amount not to exceed $325,000 over a three year period Statement of Issue: The Public Works and Fire Departments require environmental engineering services on an as- needed basis to support staff for General Environmental Engineering consultation and the implementation of programs/inspections under the Hazardous Waste & Material, Landfill & Gas, and the Water Quality programs as administered and implemented by Public Works and Fire Departments staff. Financial Impact: The Fiscal Year 16-17 approved budget for the Fire Department has funds in the amount of $486,111 under professional services. The Fiscal Year 16-17 approved budget for the Public Works Department has funds in the amount of$3,855,000 under professional services. Total value of contracts is $2,175,000 over a three-year period. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a three-year(with optional one-year extension), not-to-exceed $450,000 Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As-Needed Environmental Engineering Services; B) Approve and authorize the Mayor and City Clerk to execute a three-year(with optional one-year extension), not-to-exceed $550,000 Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services; - HB -I t 5- Item 9. - 1 Dept. ID PW 16-061 Page 2 of 4 Meeting Date:2/6/2017 C) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $ 150,000 Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services; D) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $375,000 Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As-Needed Environmental Engineering Services; E) Approve and authorize the Mayor and City.Clerk to execute a three-year (with optional one-year extension), not-to-exceed $325,000 Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services; and F) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $325,000 Professional Services Contract between the City of Huntington Beach and PACE, Inc. for As-Needed Environmental Engineering Services. Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Analysis: On May 24, 2016, the City advertised a Request for Qualifications ("RFQ") for As-Needed Environmental Engineering Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twelve (12) proposals were received for As-Needed Environmental Engineering services. In accordance with qualifications-based selected procurement per the Federal "Brooks Act," State SB 419 and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services" the Public Works and Fire Departments established a review board. This board consisted of the following subject matter experts from the Public Works and Fire Departments who evaluated and ranked the proposals: Fire Protection Analyst, Environmental Specialist, Senior Administrative Analyst, and Principal Engineer. The ranking criteria included: • Clarity of Proposal • Firm Qualifications • Staff Qualifications & Experience • Understanding & Methodology • Local Vendor Preference • References The selection process included a review of the written proposals, followed by an in-depth interview with the top ranked nine (9) vendors. Summary evaluation sheets for the n in e most qualified firms are shown as Attachment 2. Each firm stated their environmental engineering category of expertise with their proposal, and proposals were then evaluated and ranked by the four (4) review board members (subject matter experts) who were established by the Public Works and Fire Departments. After conducting the entire evaluation process, including interviews and reference checks, the committee determined that Geosyntec, Tetra Tech, Group Delta, EEC Environmental, Huitt-Zollars, and PACE are the most qualified firms to meet the needs of the City and most qualified to provide as-needed environmental engineering services as well as providing competitive proposals for future projects. The six (6) contracts recommended in this Request for Council Action (RCA) are for as-needed environmental engineering consultation for General Environmental services and as related to the administration and implementation of programmatic elements under Landfill & Gas, Hazardous Item 9. - 2 RB -116- Dept.ID PW 16-061 Page 3 of 4 Meeting Date:2/6/2017 Waste & Material, and Water Quality programs. These services have historically been utilized to supplement City staff to meet inspection requirements and as an extension of staff and/or to provide required expertise for unique projects. For the General Environmental Services category, staff has selected Geosyntec and Tetra Tech to provide these services. This is a broad category that includes drafting and reviewing CEQA documents, writing and administrating grants, and consulting for environmentally sensitive projects. For the Water Quality Services category, Huitt-Zollars and PACE have been selected to provide as- needed support for environmental compliance inspections of industrial and commercial facilities and inspections of food facilities under the Fats, Oils, & Grease program. In addition to providing environmental engineering services under the General Environmental category, Geosyntec and Tetra Tech have also been selected for the Landfill & Gas category which includes preparing and reviewing methane gas mitigation plans and maintaining and inspecting active gas collections systems. For the Hazardous Waste & Material category, staff has selected to contract with EEC Environmental and Group Delta. The services under this category include providing contaminated site evaluations, reviewing mitigation plans for waste handling and disposal, and drafting hazardous waste/materials mitigation plans. Geosyntec and Tetra Tech are awarded larger contracts due to the services provided in both the General Environmental and Landfill & Gas categories. However, each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. In the aggregate, across all six (6) professional service contracts, both the Fire and Public Works Departments will not exceed their respective budget appropriations for the requested professional services. Throughout the contract term of the six (6) professional contract service agreements, the Public Works and Fire Departments may utilize the services of each of the six (6) on-call professional services contracts or perhaps just one. The on-call as-needed contracts will provide the Departments' greater flexibility in obtaining the expert environmental engineering professional services needed from the various firms under contract. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan Goal:Click here to enter text. Improve quality of life. Enhance and maintain infrastructure. Enhance and maintain public safety. Enhance and maintain City service delivery. Aftachment(s): 1. Request for Qualifications 2. Summary Evaluation Sheets 3. Professional Services Contract between the City of Huntington Beach and Geosyntec, Inc. for As-Needed Environmental Engineering Services 4. Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services xB -117- Item 9. - 3 Dept.ID PW 16-061 Page 4 of 4 Meeting Date:2/6/2017 5. Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As-Needed Environmental Engineering Services 6. Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services 7. Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services 8. Professional Services Contract between the City of Huntington Beach and PACE, Inc. for As- Needed Environmental Engineering Services Item 9. - 4 HB -1 18- ATTACHMENT #8 PACE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Pacific Advanced Civil Engineering, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Bruce M. Phillips who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 of 10 16-5490/145783.doc 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on � 32 ccr,q c� �, 2Q1- (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 Three Hundred Twenty-Five Thousand Dollars ($325,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2of10 16-5490/145783.doc 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 3of10 16-5490/145783.doc ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4of10 16-5490/145783.doc A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5of10 16-5490/145783.doc be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 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 6 of 10 16-5490/145783.doc 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: TO CONSULTANT: City of Huntington Beach Pacific Advanced Civil Engineering ATTN: Jim Merid/Kevin Justen Att: Bruce M. Phillips 2000 Main Street 17520 Newhope Street, Suite 200 Huntington Beach, CA 92648 Fountain Valley, CA 92708 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 7of10 16-5490/145783.doc covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8of10 16-5490/145783.doc J CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and I agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, I have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9of10 16-5490/145783.doc Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PACIFIC ADVANCED CIVIL California ENGINEERING , INC. Mayor By: hi City Clerk print name ITS: (circle one)Chairman/Presiden ice President INITIATED AND APPROVED: AND By: REVIEWED AND APPROVED: me it ITS: (circle oir. Sccretan 'hierl'inancial Officer/Asst. Secretan -Treasurer City Manager APPROVED AS TO FORM: COUNTERPART City Attorney 10 of 10 16-5490/145783.doc Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PACIFIC ADVANCED CIVIL California ENGINEERING , INC. By: I itY Clerk print name ITS: (circle one)Chairman/President/Vice President INITIATED AND APPROVED: AND By: REVIEXPPROVED:print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer � City Manager APPROVED AS T COUNTERPART rt'y Attorney0 T—c4tw`(P 10 of 10 16-5490/145783.doc EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an "as-needed" basis for general engineering, landfill and gas, hazardous waste material and water quality projects to be determined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the 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's As-Needed Environmental Engineering Services Scope of Work as shown in Exhibit A.1. Detailed services shall include but is not limited to the follwing scope of work shown in Exhibit A.2. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 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. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR AS-NEEDED ENVIRONMENTAL 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...............................................................................................................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.................................................................................I I PACE Advanced Water Engineering 2016 HOURLY LABOR RATES Principal $240 Sr. Project Manager/Sr. Consulting Engineer $195 Sr. Electrical Engineer/Sr. GIS Analyst $195 Project Manager/Consulting Engineer/Sr. Hydrologist $180 Sr. Project Engineer/Sr. Design Engineer $156 Project Engineer/Design Engineer II $136 Instrumentation&Controls Specialist $140 Sr. CAD Designer $120 Design Engineer $120 Graphic Designer $95 CAD Designer/GIS Analyst $95 Project Coordinator/Administrative Support $80 Assistant Designer $75 G.P.S. Survey Unit w/Operator) $240 Expert Witness/Legal Consultation $350+ Exp. KOA CONSULTING RATES Support Staff/Administrative Staff $64 CAD Technician $120 Design Engineer $136 Environmental Planner $182 Project Engineer $182 Project Manager $218 REIMBURSABLE EXPENSE RATES* Units Cost Travel Mileage Per Mile Mile $0.54 Airfare,Auto Rental, Hotel At Cost Misc.Travel (Parking,tax, tolls,meals, etc. At Cost Per Diem Contract Rate DAY Contract Rate Outside Reproduction At Cost Shi in FedEx UPS Courier etc. At Cost Misc. Review Fees ecific Charges) At Cost Reproduction In-House Sheet Bond-B/W Prints and Copies—All sizes SF $0.16 8'hx11to12x18 Sheet-Color Prints and Copies—All sizes SF $1.20 Sheet-Glossv Color Print/Photo—All sizes SF $2.60 Roll-Plots and Copies Roll Paper) -Bond B/W SF $0.88 -Bond Color SF $1.56 Roll-Vellum or M lar Plots SF $2.60 Roll-Glossy Color Plot Exhibits Roll Paper) SF 83.12 Report 3-Rinq Binders < 1.5" EA $10.40 1.5"to 3" EA $15.60 >3" EA $26.00 Coil or GBC Punch Binding EA $1.04 *Note: All reimbursable expenses will be invoiced at the above rates + 10% DATE(MM/DD/YYYY) AC"® CERTIFICATE OF LIABILITY INSURANCE 5/DATE(M 6/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTNAME,AC7 Arthur J. Gallagher&Co. Arthur J. Gallagher&Co. i HONE 949-349-9800 FAX 1 949 349-9962 Insurance Brokers of CA, Inc. License#0726293A/C 18201 Von Karman Ave Suite 200 E-MAIL ,occertificaterequest@ajg.com Irvine CA 92612 INSURERS)AFFORDING COVERAGE NAIL# INSURER A:Berkshire Hathaway Homestate Insura 20044 INSURED PACIAQU-02 INSURER 13:United Specialty Insurance Company 12537 Pacific Advanced Civil Engineering Inc INSURER C:AtlanticSpecialt Insurance Com an 27154 17520 Newhope St. INSURER D:Navigators Specialty Insurance Comp 36056 Fountain Valley, CA 92708 INSURER E:Arch Specialty Insurance Company 21199 INSURER F: COVERAGES CERTIFICATE NUMBER: 176759424 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL PDLICY EFF PDLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYW MMIDDIYYW B X COMMERCIAL GENERAL LIABILITY Y BT01618317 4/30/2016 4/30/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) ccurrence $50,000 APP OVE A S TO FO VIED EXP(Any one person) $5,000 // PERSONAL&ADV INJURY $1,000,000 FGEN'L AGGREGATE LIMIT APPLIES PER. BV ��� P GENERAL AGGREGATE $2,000,000 POLICY JE� LOC !� MICHAEL E.GATES PRODUCTS-COMPIOP AGG $2,000,000 OTHER CITY ATTORNEY $ C AU70M013ILELIA13ILITY COMBINGLE LIMIT 7100322160004 4/30/2016 4/30/2017 Ea accidentED S S1,000,000 Ix ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS X AUTOS Per accident $ $ D UMBRELLA LIAB X OCCUR LA16EXC7534371C 4/30/2016 4/30/2017 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y PAW0705905 3/2/2016 3/2/2017 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 E PROF 8,POLLUTION LIAB CPP0055298-03 4/30/2016 4/30/2017 Each Claim $3,000,000 RETRO DATE:1/01/1995 Aggregate $6,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is included as additional insured/primary non-contributory on the general liability, per the attached forms CG20100413, CG20370704 and USICVEN1 04021107. Waiver of subrogation applies to the certificate holder on the workers compensation policy, per the attached forms WC99041 OB914 (State of CA), WC000313484 (State of AZ). `General Liability Per Project Aggregate: Capped at$5,000,000 General Aggregate Limit.` RE: Work/services performed by the named insured with respects to street drainage water treatment system and design and, water quality improvement for The City of Huntington Beach existing portable water wells. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Lee Duncan ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PACIAQU-02 _ LOC#: AC"W11' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J. Gallagher&Co. Pacific Advanced Civil Engineering Inc 17520 Newhope St. POLICY NUMBER Fountain Valley, CA 92708 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder(s) Continued: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named additional insured. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachea.gov office of the City Clerk Robin Estanislau, City Clerk February 8, 2017 Pacific Advanced Civil Engineering ATTN: Bruce M. Phillips 17520 Newhope St. Ste. 200 Fountain Valley, CA 92708 Dear Mr. Phillips: Enclosed is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. for As-Needed Environmental Engineering Services." Sincerely, �4w,6,40 Robin Estanislau, CMC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand