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HomeMy WebLinkAboutPSOMAS - 2005-03-05 Su ~ity� Contracts Checklist for Submittal to City Clerk's Office Hunt . &tch• (Tease transmit this form when your contract is ready to be filed in the City Clerk's office) To: Joan Flynn, City Clerk x5404 1. Name of Contractor: Psomas j 2. P u r ose of Contract: For Example:Audit Services or Water Quality Testing Huntington take—Huntil ton Qentra/Park 2005 Urban Water Management Plan 3. Expiration Date: If no expiration date,please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. January 31, 2006 4. Amount of Contract: $ 45,000 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract(renewallamendment/etc)? ❑YES S(NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested—pursuant to HBMC 3.03.100? DYES❑NIA OR Is the attached contract a SOLE SOURCE? ❑YES❑NIA C. Did you attach a COPY of the insurance certificatelwaiver and send the ORIGINAL to Risk Management? YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: H�a9i, �, Ad I,I1,f,4FN Howard Johnson — 5503 �, Name/Extension M 1,ii is Public Works - Utilities p De artment T✓- ,„ a �I#i'll �i.� vrfii�alr� } If', � hh �u�iS I ;�5131€�..Ii §Ili1�}ifit' �i li E!7��7dl ik I {i� _ 45— B ate MW MW Irli t g:lforms/city clerk contract checklist.doc i PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR 200S Urban Water Management Plan 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.......I........................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR 200S Urban Water Management Plan THIS AGREEMENT ("Agreement") is made and entered into this 3j--e4 day of a 14 20 05 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and PSOMAS a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the 2005 Urban Water Management 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 Denise Lanastedt who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/61-A 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY(the "Commencement Date"). This Agreement shall expire on January 31, 2006 , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 270 days from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 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 torty-five thousand Dollars l$ 45,000 .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 Wee/forms/profserv10/15/01-A 2 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 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 agree/forms/profserv10/15101-A 3 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 fNSURANCE 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. agreelformslprofserv1011510]-A 4 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. shall 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 agree/forms/profsery 10/15/01-A 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete, Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYlUGHTS/PMENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/forms/profservl0/15101-A 6 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. I6. 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: TO CONSULTANT: City of Huntington Beach PSOMAS ATTN: Kenneth J. Dills ATTN: Denise Landstedt 2000 Main Street Huntington Beach, CA 92648 3187- Red Hill Ave. , Suite 250 Costa Mesa,_ CA 9262.6 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. agreelforms/profsery l0/15/01-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agreelforms/profsery 1011 5101-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agce/forms/profservl0/15/01-A 9 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 non-prevailing 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. 2T ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agreelformslprofsety 10115f01-A 1 Q IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, PSOMAS a municipal corporation of the State of California f Dire for of public iarks By: $ - (Pursuant T BMC§3.03,100) --- print name ITS: (circle one)Chairman/President6ice President APPROVED AS TO FORM: r AND city A#Mey �Q By: REVIEWED AND APPROVED: print name ITS: (circle one Secretary Chief Financial Officer/Asst. Secretary--Treasurer""� City Administrator (only far contracts$50,000.00 and over) agreelforms/profseM Oil5101-A I 1 Exhibit A Ot of I lunta)gton Brach Y h Project Approach f'rofrsslonal Consulting Services for Urban tarter Management Plan and Scope of Work Project Approach Psomas proposes to prepare and submit a complete 2005 Urban Water P p p p p i Management Plan inP accordance with the Urban Water Management Planning S Act of 1983 as amended (Act). We will draw upon our extensive knowledge ( ) p g of the City from our preparation of your 2000 UWMP, knowledge of water issues, requirements of the Act, and requirements for water supply assessments based on SB 610 and SB 221. To accomplish this, Psomas will utilize the January 18, 2005 Guidebook to Assist Water Suppliers in the Preparation of a 2005 Urban Water Management Plan prepared by DWR; DWR's 2005 Urban Water Management Plan"Review for Completeness" For; and DWR's 2005 Urban Water Management Plan"Review of Demand Management Measures for Completeness" Form. This approach will facilitate the preparation of a P pp p p "complete"2005 UWMP as evaluated by DWR staff. Psomas will also utilize DWR's Guidebook for Implementation of Senate Bill 610 and Senate Bill 221 to incorporate and integrate, where appropriate for the City, land use and water supply planning.Additionally, Psomas recommends and will utilize demand and supply projections through the year 2030 providing for a 25-year planning period. The Act requires a 20-year planning period;however, since UWMPs are required every five years, 25-year projections will consistently provide a 20-year projection as required by SB 610 and SB 221. This will allow the City to use its 2005 UWMP as a foundation for future water supply assessments and verifications. Psomas will work closely and in cooperation with City staff in the preparation of the City's 2005 UWMP. Psomas proposes the following tasks as our Scope of Work to prepare and complete the City's 2005 Urban Water Management Plan. Scope of Work Task 1 — Meetings/Communication ► Conduct an initial meeting with City staff to confirrn project schedule (Schedule for Completion),project team,required data and information needed,list of coordinating agencies,and contents of the City's 2005 UWMP. ► Confirm a meeting schedule for the duration of the UWMP development process,which includes up to three (3)planning/progress meetings. Additional meetings shown in Tasks 4 through 6 include: one(1)Draft UWMP meeting;one(1)Final Draft UWMP meeting; one(1)Board presentation; and attendance at the Public Hearing and Board meeting for Plan Adoption. ► Coordinate development of the 2005 UWMP with appropriate coordinating and collaborative City key staff.Psomas will conununicate directly with designated key City staff as needed for required data/information. ► Attend MWDOC regional coordination meetings,as scheduled,anticipated to be through May 2005,for data and information development. PSOMAS Page 3 Gty of I iant;agton fk-uhi 1-7 Professional Consulr.ng sery Kes for lhban Water Manageciwrit Pan ► Identify a point of contact and develop a Communication Plan that ensures a coordinated approach, frequent review of each section of the 2005 UWMP by City staff, and facilitates the Schedule for Completion. The Communication Plan will include identification of e-mail and phone as the primary method of communication for the efficient sharing of information and use of time. Postal and overnight mail will also be used, as appropriate. Deliverables 1. Final Project Schedule for Completion 2. Project Team Contact List 3. Project Communication Plan Task 2 — Data/Information Collection and Review ► Coordinate the collection of necessary and pertinent data/information for preparation of each section of the 2005 UW TNIP from City staff and other cooperating agencies. An Initial Data Request will be prepared and submitted to the City in preparation for the Initial Meeting, in order to collect available data to facilitate preparation of the 2005 UWMP. Information will be reviewed to be responsive to requirements of the Water Code regarding water resources, management tools and options implemented to reduce imported water,water quality, recycled water projects, desalination projects,conservation BMP implementation and reporting,water transfers and exchanges,demand management measures,reliability of supplies, water supply contingency measures,and other required information. ► Obtain,review,utilize and incorporate by reference,where appropriate,the following documents for preparation of the 2005 UWMP: 1. Urban Water Management.Planning Act of 1983,as amended. 2. DWR Guidebook to Assist Water Suppliers in the Preparation of a 2005 Urban Water Management Plan,January 18,2005 3. DWR 2005 Urban Water Management Plan"Review for Completeness" Form for DWR Review Staff Use 4. DWR 2005 Urban Water Management Plan"Review of Demand Management Measures for Completeness"Form for DWR Review Staff Use 5. City of Huntington Beach 2000 UWMP 6. City of Huntington Beach Draft Water Master Plan and Capital Improvement Plan 7. Other City of Huntington Beach water planning documents and system data 8. City of Huntington Beach current Consumer Confidence Report 9. City of Huntington Beach Water Shortage Contingency Plan and other related and relevant ordinances PSOMAS Project Approach and Scope of Work I Page 4 /i Oty of I lun rgton Beach Nnfess+onal Consufling Services for Urban Water Manatgerrent Plan ® 10. Regional UWMP for the Municipal Water District of Orange County, �4 Draft, July 2005, including information on the following: ►► Hydrologic year basis to determine normal, single-dry, and multiple dry year(s) for the water supplier's service area. ►► Historical imported supply from Metropolitan. ►► Current and projected supply from Metropolitan and its reliability under different hydrologic conditions. ►► Projected water demand using Metropolitan demand projection model based on 2004 Southern California Association of Governments (SLAG)Transportation Analysis Zone Data and the record of active conservation programs (up to 2003) in MWDOC service area. 11. Regional UWMP for the Metropolitan Water District of Southern California,Draft.Mid-2005 12. Report on Metropolitan's Water Supplies: Blueprint for Water Reliability, Metropolitan Water District.March 2,2003 13. Integrated Water Resources Plan, 2003 Update, MWD. May 2004 14. The State Water Project Delivery Reliability Report, Department of Water Resources, Bay-Delta Office. 2002 15. Bulletin 132-01,Management of the California State Water Project. Department of Water Resources. December 2002 16. Colorado River Water Delivery Agreement: Federal Quantification Settlement Agreement. October 2003; and related agreements and documents 17. Orange County Water District Long Tenn Facility Plan,2004 18. Orange County Water District Engineer's Report, 2004 19. Orange County Water District Groundwater Management Plan 20. OCWD information on historical production from the Orange County Groundwater Basin,and current and projected production from the Basin under the Basin Pumping Percentage, and its reliability under different hydrologic conditions. 21. Regional Water Quality Control Board applicable plans and reports 22. Orange County Sanitation District data,as applicable 23. SB 610 and SB 221 These documents and other relevant data will help to streamline the research and data collection process, as well as collaboration of regional information, for development of the City's 2005 UWMP.A reference list will be developed and included in the 2005 UMWP. Deliverable Reference Last f PSOMAS Project Approach and Scope of Work( Page 5 Cat of Fluntin on Beach Professional Consulting mm � fan Urtran Water Manageemeent Ilan Task 3 — Prepare Draft 2005 UWMP ► In coordination with City staff, assist in the development of the following data for inclusion in the 2005 UWMP.Additional required data by the Act will be included in the Draft 2005 UWMP, although not specifically listed here. ► Current and projected water demand and supplies in five-year increments to the year 2030. ► Projected water demand under different hydrologic conditions including single-dry and multiple dry years for the 25-year planning period in five-year increments. ► Projections of water supplies for the next three years under the worst case scenario. ► Prepare the City's Draft 2005 UWMP in accordance with the following contents, subject to revision and approval at the Initial Meeting: Section l — Introduction—UWMP Preparation,Agency Coordination and Water System Overview Section 2—Water Sources and Supplies i Section 3—Water Quality and Effects on Water Management +� Section 4— Reliability Planning Section 5—Water Use Provisions Section 6— Supply and Demand Comparison, including Dry Year Analysis in 5-year increments to the year 2030 using MWD/MWDOC methodology Section 7—Water Demand Management Measures Section 8—Water Shortage Contingency Plan Section 9—Water Recycling ► Prepare and submit five(5)bound copies and one(1)electronic copy of the City's Draft 2005 UWMP to the City for review and comment. ► Provide the Draft 2005 UWMP to appropriate coordinating public agencies identified in Task 1,as appropriate, approved and directed by the City, for review and continent, including appropriate cities,the County of Orange, MWDOC,OCWD and MWT�_ Dcic nment notific•.atinn nroCediares and agencies notified. Deliverables 1. Current and Project Local Water Demand and Supplies 2. Projected Water Demand in Single-Dry and Multiple Dry Years 3. Projected Water Supplies in Next Three Years Under Worst Case Scenario 4. Five (5) bound copies and one(1)electronic copy of Draft 2005 UWMP PSOMAS Project Approach and Scope of Work I Page 6 PH; Gty of Hunpngton Beach fknfessionai Consuking Services for Urban Water Management Plan Task 4 — Prepare Final Draft 2005 UWMP, Public Hearing, Presentation to Governing Body,and Adoption ► Receive, review and incorporate comments from the City on its Final Draft 2005 UWMP. ► Comments from cooperating agencies will be received and reviewed by Psomas for appropriateness for inclusion in the 2005 UWMP.A phone conference will be scheduled with City staff to discuss coordinating agency comments. Recommendations will be made by Psomas for incorporation, as appropriate, into the City's Final Draft 2005 UWMP. ► Prepare a Final Draft 2005 UWMP for the City's adoption in accordance with requirements of the Act. ► Submit 10 bound copies and one(1)electronic copy of the City's Final Draft 2005 UWMP to the City for review and commcnt. ► Assist the City in the adoption of the 2005 UWMP, including preparation/ coordination of the Notice of Public Hearing, Resolution of Plan Adoption, and circulation of copies of the Final Draft 2005 UWMP Update. Notification shall be posted at various facilities or on the member agency Web page and shall include notification to interested parties and relevant agencies. ► Psomas will assist the City in development of a City Council presentation of the 2005 UWMP. Prepare presentation as directed and submit to the City for review. ► Finalize City Council presentation and prepare copies, as directed. ► Attend the Public Hearing and assist the City in presentation to the City Council. ► Attend Board meeting for adoption of the 2005 UWMP. Deliverables: 1. Ten (10) bound copies and one(1)electronic copy QfFinal Draft 2005 UWMP 2. Draft Notice of Public Hearing 3. Draft Resolution of Plan Adoption 4. Draft and Final Council Presentation Task 5 — Prepare and Submit Final 2005 UWMP Update ► Incorporate final comments from City staff and public hearing,as approved. ► Prepare the City's Final 2005 UWMP. ► Submit the 2005 UWMP to the California Department of Water Resources, the State Library,County of Orange,local cities and other required agencies, as appropriate,on behalf of the City. Provide the City with evidence of submission. ► Provide five(5)bound copies and one(1)electronic copy of the Final 2005 UWMP to the City. PSOMAS Project Approach and Scope of Work I Page 7 Clty of Iiuntglun Beach VI Pmfeswnal Consulting Serwces M for Uiban Water Management Plan DeNverables: 1. Five (5) bound copies and one (1) electronic copy of the Final 2005 UWMP to the City. 2. Once(1) bound copy of'the Final 2005 UWlLIP to DWR. 3. One (1) hound copy of the Final 2005 UMfVP to the State Library 4. One(1) bound copy of the Final 2005 UWMP to County of Orange I' 5. Bound copies of the Final 2005 UWMP to cooperating entities, as directed by the City. 6. Evidence of Submission to State DWR to the participating member agency PSOMAS Project Approach and Scope of Work Page 8 CITY OF HUNTINGTON BEACH ' PREPARATION OF 2005 URBAN WATER MANAGEMENT PLAN Project Schedule ID Task Name start Finish Mar'05 lAq1,05 i Ma '05 Jun W IJU1,05 1 Dct'05 Nov'05 Dec'05 1 Task I-MeetingslCommunication '�i Mon 312a105 Fri 12/30105 2 Receive Notice to Proceed Mon 3128105 Mon 3129105 �MOtics to Proceed 3 Initial Meeting Wed 416105 -Wed vwa5 -y Itial Meeting 4 Prepare Schedule for Completion and Communication Plan Fri 418105 Fri 41151OS 5 Inform Coordinating Agencies of Crty's 2005 UWMP Preparation I Mon 41I I M5 !Fri 47i51fl5 ' 6 Attend Monthly MWDOC UWMP Regional Coordination Meetings 1Mon 3128h05 Tue 5131105 7 ._.. astute Communication Plan Throughout UWMP Project j Fri 41f5105 Fri 12130lO5 -- -�- f 8 Task 2-Data/Information Collection and Review Mon 312810S :Fri 719105 0 Conduct Datallnfarmation Collection Mon 3rMO5 Thu W30AS '4 - i 10 Review/Analyze Datallnformation iThuW7105 Fri 718105 11 Task 3-Prepare Draft ZOOS UW M P ;Mon 4111105 Mon of 1105 72 Prepare Current/Projected Water Demand 1 Supplies `Mon 41I 1145 _Fri 429105 { t3 Prepare Projected Water Demand in Single-Dry and Multiple-Dry Years Man 4111105 Fr14/29105 - i t4 Develop Projected Water Supplies in Next 3 Years/Worst Case Scenario 'Man 4711105 'Fri 4/29I05 i 15 Prepare Draft 2005 UWMP - 1 Mon 4!I I105 -Fri 7729f05 - 15 Submit Copies to Member Agency Mon 811I05 Mon 811105 Og ktwmp I17 Submit Copies to Coordinating Agencies 'Mon 80105 Mon 811105 05 UWMP to Coordinating Agencies 18 Task 4-Prepare Final Draft 2605 UWMP,Public Hearing/Adoption Man a122105 Tue 11I15105 1 19 Receive f Incorporate City Comments Mon 8122/05 Wed 8131105 Receivel Incorporate Coordinating Agency Comments,as approved by City Man 8l22lOS :Wed 0131l05 - - E 25 Prepare Final Draft 2005 UWMP .Thu 971105 I Mon 9/5l05 22 Submit Copies to City and Coordinating Agencies Tue 9l6105 Tue 916105 Final brah 2005 DWM 29 Prepare Notice of Public Hearing,Resolution for Adoption 1 Wed 917J05 ',Tue 91IM05 I 24 Meet with City to Discuss Council Presentation Wee 9114f05 Wed 9114105 Meeting for Council Presentation i 25 Prepare Presentation and Submit to City for Review Wed 9114105 Wed 912BMS brae Presentation to City Finalize Presentation Thu 9/29105 Wed I015I05 27 Attend Public Hearing and Assist with Presentation Tue 101r8105 ;Tue 10MOMS Public RearinglPresentallon - 28 Attend Council Meeting for Plan Adoption Tue I I115105 i Tue 11115105 �-Plan Adoption 29 Task 5-Prepare and Submit Final 2005 UWMP Wed 11/16105 'Wed 1217105 I 30 incorporate Final Comments into 2065 UWMP Ii Wed I1f 16105 Tue 11129105 i 31 Prepare Final 2005 UWMP i Wed 1 j130M$ Tue 1216M5 ` 32 Submit Final 2005 UWMPs to DWR,State Library,Cities,County i Wed I21NOS '.Wed l V7105 Final 2005 UWMP to State and Loral I i Agendes� 33 Submit Copies of Final2005UWMPtoCity 1wed1217195 _Wed1217105 Final 2005 UWMP toCit� Project H82005 UWMP Schad Task Progress Milestone Summary DraWFinal UWMP Date:Tue 318105 PSOMAS Project Schedule j Page 9 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: As noted in proposal. B. Travel 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billies I. All billing shall be done monthly in one-tenth-hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 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 case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or agree/forms/exB-hourly fee/4/4/05 EXHIBIT B 1 Hourly Payment EXMBIT "B" Payment Schedule (Hourly Payment) charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 8. 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. 9. 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 agree/forms/exB-hourly fee/4/4/05 EXHIBIT B 2 Hourly Payment a EXHIBIT 'IB" Payment Schedule (Hourly Payment) 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. 10. 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. agree/forms/exB-hourly fee/4/4/05 EXHIBIT B 3 Hourly Payment INSURANCE AND INDEMNIFICATION WAIVER H g MODIFICATION REQUE%TE C E I V E D MAY 0 2 2005 1. Requested by: Howard Johnson City ngron Beach 2. Date: April 2$ 2005 gtoyAttomfnumtey'sOfrrce 3. Name of contractor/permittee: Psomas 4. Description of work to be performed: 2005 Urban Water Management Plan 5. Value and length of contract: $45,000 and 270 days fi. Waiver/modification request: waiver of deductible for professional liability insurance 7. Reason for request and why it should be granted: $0 deductible professional liability insurance is not available. The cost of a substantially lower deductible would be cost prohibitive and result in greater cost passed on to the City. 8. Identify the risks to the City in approving this waiver/modification: None noted. /z-)Los Depart ent Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be:granted. Approval from the City Aftinistrat6es Office is only required if Risk Management and the Qity Attorney's Office disagree:. 1. ;Canagement roved ❑ Denied Signature date 2. City Attorney's Office , �6pproved ❑ Denied LO) OSign6dture Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services insurance waiver 4/28/2005 4:50 PM Client#: 6184 PSOMAS ACORD. CERTIFICATE OF LIABILITY INSURANCE 0DATE 313Q/I0 DO/'�' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 1455D HOLDER. THIS CERTIFICATE DOES NOT AMEND, E)CTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,GA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURERA, Hartford Fire Ins.Co. PSOMAS INSURERS: Travelers Property Casualty Co of Am 11444 West Olympic Blvd.,Suite 750 INSURERc: American Automobile Ins.Co. West Los Angeles,CA 90064-1549 INSURER D: Great American Assurance Co. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRMTE OD DATE IMMIDONY11 A GENERAL LIABILITY 57CESOA1659 10/15/04 10/15105 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fre) $1 ODD000 CLAIMS MADE �OCCUR IN DP.CONTRACTORS MED EXP(Any one person) $1 O 00D X CONTRACTUAL 1INCLUDED PERSONAL&ADV INJURY $1000000 X BI=PD XC,U GENERAL AGGREGATE S2 00O 000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMPlOPAGG s2000000 POUCY X jROT I X1 LOC Deductible $25 000 B AUTOMOBILE LIABILITY P81015313892804 10/15/04 10115/05 COMBINED SINGLE LIMIT $1 0D0,000 X ANY AUTO (Es 9oolderlt} ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Peracddent) PROPERTY DAMAGE $ (Per aWdenf) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S A D AUTO ONLY: AGG S ext:ESS LIABILITY r EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ S. C WORKERS COMPENSATION AND WZP80925342 10115/04 10/15105 X WRSTAUTU- oTH- EMPLOYERT LIABILITY E.L.EACH AccloENr $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 D OTHER Professional EDN5850409 10/15/04 10/15/05 $1,000,000 per claim iability $1,000,000 annl aggr. $200,000 Deductible DESCRIPTiONOF OPERATtONSA=AMONS(VEHICLESIEXCL(JSIONS ADDED BY ENDORSEMENTISPECMAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services 2HUN011400,2005 Urban Water Management Plan City of Huntington Beach,its agents,officers and employees and the (See Attached Descriptions) CERTIFICATE HOLDER ADD ITIONAL INSURED;INSURER LETTER _ CANCELLATION Ten DaX Notice for Non-PaymeLit of ftemium SHOULD ANYOFTH£ABOVE DESCRIBED POLICIESSE CANCELLED BEFORE THE E)ORATIOH City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL XX=6W=MMAIL30—DAYSWRITTEN Attn:Risk Mgmt. NOTICETOTHE CERTIFICATE HOLD ER MAIMED TOTNE LEFT,BXXNI1ZMM €rl)IXXX 19001 Huntington Street law x Huntington Beach,CA 92648 mtlpxpzx AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 2 #S123678IM116i73 LL (D ACORD CORPORATION 1988 pE� ,11C �� Irm Page 1 , m _. Redevelopment Agency of the City of Huntington Beach are Additional Insured as respects to General&Auto Liability. Primary and Non-Contributing coverage applies to GL.Cross Liability coverage,Waiver of Subrogation apply to GL. Waiver of Subrogation for Work Comp is included. (GL-AIIAU-AIIPRISBGLICRSISUSIX) IJ AMS 25.3(07197)2 of 2 #S1236781M116173 POLICY NUMBER: 57CESOA1659 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach Attn: Risk Mgmt . 19001 Huntington Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Additional Insured Continued: its agents, officers and employees and the Redevelopment Agency of the City of Huntington Beach PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT_ CG20101185 POLICY NUMBER: P810153D892804 BUSINESS AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s)or Organization(s) City of Huntington Beach Attn: Risk Mgmt . 19001 Huntington Street Huntington Beach, CA 92648 BUSINESS AUTO COVERAGE Each person or organization indicated above is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. Additional Insured Continued: its agents,officers and employees and the Redevelopment Agency of the City of Huntington Beach CA20 48 07 97 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following'attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80925342 Issued to: PSOMAS By: American Automobile Ins . Co. Premium (if any)TBD We have a right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5%of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach waiver Applies to: its agents,officers Attn: Risk Mgmt . and employees and the Redevelopment 19001 Huntington Street Agency of the City of Huntington Beach Huntington Beach, CA 92648 WC 04 03 06 Countersigned by (Ed.4-84) Authorized Representative s 3` PROFESSIONAL SERVICE CONTRACTS Ha . u® PURCHASING CERTIFICATION 1. Requested by: Howard Johnson 2. Date: April 4, 2005 3. Name of consultant: PSQMAS - t 3 79-2, 4. Description of work to be performed: Prepare 2005 Urban Water Management Plan 5. Amount of the contract: $45,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 50685801.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. C p,.�+✓c c '`�' ` r I;CH,�KD AD IL, Manager Purchasin§iGentralServices ' If the answer to any these questions is"No,"the contract will require approval from the City Council. Puchasing Cert for UWMP 3/28/2005 11:33 AM 2005 Urban Water Management Plan—RFP Distribution List Mr. Bob Brandom Mr. Brian Powell Tetra Tech, Inc. Carollo Engineers 16241 Laguna Canyon Road, Suite 200 3100 South Harbor Blvd., Suite 200 Irivine CA, 92618 Santa Ana, CA 92704 Ms. Denise M. Landstedt Mr. Dan Rodrigo PSOMAS Camp Dresser & Mckee, Inc. 3187 Red Hill Avenue 18581 Teller Avenue, Suite 200 Costa Mesa, CA 92626 Irvine, CA 92612 Mr. Paul Flick Mr. Scott Lynch Brown and Caldwell CH2Mhill 400 Exchange, Suite 100 3 Hutton Centre Drive, Suite 200 Irvine, CA 92602 Santa Ana, CA 92707 Mr. Joseph Lauria Wei Koo Malcolm Pirnie PBSJ 8001 Irvine Center Dr. Ste 1100 600 The City Parkway West, Suite 310 Irvine, CA 92618 Orange, CA 92968 Ms. Cindy Miller Mr. Richard Bardin RBF Consulting Boyle Engineering 14725 Alton Parkway 1501 Quail Street Irvine, CA 92618 Newport Beach, CA 92660