HomeMy WebLinkAboutPSOMAS & ASSOCIATES, INC, - 1999-10-18 �, W CITY OF HUNTING°TON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITYCLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPWINTT AGENCY OF THE CITY OF HUNTII\GTON BEACH
DATE: 19,4 TDh e-v, a I
TO: 1601n 6 4Q�,5'5,964 6eSL-&L' . ATTENTION: (rsi�ii�� RT, ��•
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See Attached Action Agenda Item Date of Approval "'r-4
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement bonds Insurance
RCA Deed Other_
N T^/ Deoantnen[, RCA Agreemen insuranc5 Other
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Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Natppl _^ �O Department RCA Agreement insurances Other
Yrl/ Risk Management Dept. Insurance
Received by Name-Company Name- Date
GTollowuplcoverltr
(Telephone: 71463"227)
TY OF HUNTINGTON BEACIrt)
MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER:PW-99-100
Council/Agency Meeting Held: 9
Def$rred/Continued to:
Approve ❑ C d#i Wally A roveED d ❑ Denied �l� i Clerk's Signature
Council Meeting Date: September 20, 1999 Department ID Number: PW-99-100
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION _
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL f} �r
SUBMITTED BY: RAY SILVER, City Administrator4 -3
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Approve the Contract with Psomas & Associates, Inc. to provide
Consultation for Water & Wastewater Issues
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Psomas and Associates, Inc., has provided project management and
consulting services for water issues since last year. The scope of the previously amended
contract is no longer applicable for the specific services now required. For the purposes of
continuity and efficiency, the City should retain Psomas and Associates, Inc. under a new
contract for advisory services on future water and wastewater issues.
Funding Source: Funds in the amount of$35,000 are available in the Water Fund.
Recommended Action: Motion to:
1. Approve the professional service contract between the City of Huntington Beach and
Psomas and Associates, Inc.
2. Approve modifications to insurance requirements as recommended by the Settlement
Committee.
Alternative Action(s): 1) Do not approve the contract, and direct the Public Works
Department to solicit bids on the necessary services. This action would result in a delay in
the project schedules. 2) Do not approve the contract and direct staff to manage the projects.
This would result in significant delays in project schedules and the disruption of routine
operations.
Analysis:
Psomas and Associates, Inc., has provided many professional-engineering services to the
City. These services include Water. Master Plan facilitation, water project planning,
coordination of the Infrastructure Advisory Committee, water operations management and
expertise on the Balsa Chica water service issues. These diverse services were previously
covered under one umbrella contract, with five amendments since 1991. It is more
appropriate that each service be performed under a separate contract.
This contract will be specific to the water and wastewater issues of the potential Balsa Chica
annexation. Proposals from other vendors were not sought due to the complexity of the
issues, and the need to maintain continuity with the current staff. Time is of the essence in
this project. Seeking other proposals would cause unacceptable delays in responding to the
issues.
Services provided for this project have exceeded the value of the existing contract.
Preparation for the Public Utility Commission hearing required more hours than anticipated.
Tasks and appearances were performed under the direction of counsel, and not the Public
Works Department. Approximately 15% of the new contract will pay for these past services.
Environmental Status: Not applicable.
Attachment{sl:
City Clerk's
Page Number No. Description
1. Contract with Psomas & Associates, Inc. for Consultation for Water and
Wastewater Issues
RCA Author: L. Daily x5599
Psomas Boisa Chica RCA -- 10/05/99 4:29 PM
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PSOMAS &ASSOCIATES, INC.,TO PROVIDE
CONSULTING SERVICES ON WATER AND WASTEWATER
ISSUES FOR THE BOLSA CHICA ANNEXATION
THIS AGREEMENT is made and entered into this i e — day of
1999, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and PSOMAS &ASSOCIATES, INC., a
California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide consulting
services on water and wastewater issues for the potential annexation of-Balsa Chica; and
Pursuant to documentation on file in the office of the City CIerk, 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 said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the CONSULTANT's
Proposal dated July 19, 1999 (hereinafter referred to as Exhibit "A"), and 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 Gary Dysart who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this AGREEMENT.
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2. CITY STAFF ASSISTANCE
CJTY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this AGREEMENT.
3. 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 and all tasks
specified in Exhibit "A" shall be completed no later than one year from the date of this
AGREEMENT or until the allocated amount is reached. 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 the Scope of Services on the Work Program/Project Schedule. This
schedule may be amended to benefit the PROJECT if mutually agreed by CITY and
CONSULTANT.
a. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Thirty Five Thousand Dollars ($35,000).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this
AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of -
precedence shall-govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the
CITY's RFP.
6. 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
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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.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. 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.-Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) 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
5) For all payments include an estimate of the percentage of work
completed.
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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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
AGREEMENT is terminated as provided herein.
D. Any billings for extra work or additional services authorized 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.
8. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports,both field and office notices, calculations,maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
AGREEMENT or upon PROJECT completion,whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
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AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT�is terminated, said materials may be used by CITY in the completion of the
PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT.shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising
out of or in connection with the negligent performance of this AGREEMENT or its failure to
comply with any of its obligations contained in this AGREEMENT except such loss or damage
which was caused by the sole negligence or willful misconduct of CITY.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Cade Section 1861, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code,which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars (S100,000)bodily injury by accident, each
occurrence, One Hundred Thousand Dollars (S100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit.
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to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of 51,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than$1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above-mentioned insurance contain a self-
insured retention,or a"deductible"or any other similar form of limitation on the required
coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
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professional liability in an amount not less than$1,000,000 per occurrence and in the aggregate.
A claims-made.,policy shall-be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work(including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates 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 policies shall not be suspended, voided or canceled
by either party,reduced in coverage or in limits except after thirty(30)
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days prior written notice; however,ten(10) days prior written notice in the
V. event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance-coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under.the.AGREEMENT.
CITY or its representative shall at all times have the right to demand the original or a-copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove.required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT.shall secure at its 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
services to be performed hereunder.
15. 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 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.
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16. SSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
17. 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.
18. 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.
19. NOTICE
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows:
TO CITY: TO CONSULTANT:
Robert Beardsley, Gary Dysart, P.E.,
Director of Public Works Vice President
City of Huntington Beach Psomas &Associates, Inc.
2000 Main Street 3187 Red Hill Avenue, Suite 250
Huntington Beach, CA 92648 Costa Mesa, CA 92626
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• i
20. IMMIGRATION
�:ONSUtTANT 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.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
e
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.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
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23. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEMENT between the parties.
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.
PSOMAS & ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
Gar/Dysart, ice President
(see attached corporate resolution)
Mayor
REVIEWED AND APPROVED: ATTEST:
City dministrator City Clerk
APPROVED AS TO FORM:
City Attorney
CkI�v�'`9
ITIATED AND APPROVED:
9 3
Dire for of Public Works
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jmplagree'psomas,'V22M
EXHIBIT A
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July 19, 1999
Mr.Robert Beardsley
Director of Public Works
CITY OF HUNTIN&ON BEACH
2000 Main Street
Huntington Beach,CA 92648
Subject. Continuation of Water and Wastewater Consulting
Services for the Potential Annexation of the Bolsa Chiea(Hearthside)Development to
the City of Huntington Beach
Dear Mr.Beardsley:
This proposal is for the continuation of the consulting services that Psomas has been providing to
assist the City in identifying the benefits and costs with respect to water and sewer issues of
annexing the proposed Hearthside Development in the Bolsa Chica area. Also included is
support services in connection with the City's contemplated hearing before the State Public
Utilities Commission. Specifically,Psomas proposes to:
1. Review and evaluate existing reports,studies,documents and meeting notes related to the
proposed annexation as provided by the City.
2. Meet and confer with key Huntington Beach,Orange County Water District and Orange
County Sanitation District staffs as required to identify and address issues.
3. Analyze reports and submittals with respect to benefits and costs of service to proposed
development from the City of Huntington Beach versus the Southern California Water
Company.
4. Provide input for City staff rcports far City Council meetings and attend Council meetings to
assist the City staff in responding to questions.
5. Assist the City in negotiating a Developer Agreement with Hearthside Development,
including attendance at meetings and preparation of summary level reports.
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W.Robert Beardsley
July 19. 1999 -
Page 2
6. Assist the City in providing continued input into P.U.C.process for SCWC water and sewer,
and provide testimony the P"U.C.hearing if needed.
7. Prepare cost estimates as requested by staff.
Kevin P. Hunt,P.E.wi1I be the Senior Consultant with Dennis E.MacLain,P.E.providing
technical support services. A budget amount of$35,000 is recommended,which will not be
exceeded without prior authorization of the City. Monthly invoices will be submitted on a time
and materials basis in accordance with the attached rate schedule.
Thank you for the opportunity to be of service. Please call should you have any questions.
Sincerely,
PSOMAS
4G .Dy ,E.
Vice President
Enclosure
cc: Daryl Smith,City of Hiintington Beach
Kevin Hunt,Psomas
Dennis MacLain
)� -Z D199
6 84 PSOMAS
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Re: Bolsa Chica Annexation Support Services. Psomas Job #2HUN0108, mask 0 .
If cancelled for non-payment of premium, 10 days notice given.
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Recommendation:
Approve Deny City Attorney's Signature/Date I I J
Settlement Committee approval is [is not]required for this waiver. If Settlement Committee approval is quired,
submit this form to City Attome- s Office to be placed on the agenda. Recommendation:Approve Deny
City Council approvalp] [is not]required for this waiver. If City Council approval is required,attach this form to the
RCA after consideration by the Settlement Committee. This insurance waiver[is] [is not] on City Council agenda.
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Contract with Psomas & Associates for consultation on
Water & Wastewater issues
COUNCIL MEETING DATE: October 18, 1999
h .._ ...
RCA ATTACHMENTS STATUS;:
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS'
PREVIEWED RETURNED , FORWARDED';
Administrative Staff n/S' 4 G p;0-b
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk ( )
�EXPLANATIO'N FO'R RETURN OF,.ITEM
612 Sez _ 4x
Only)(Below Space For City Clerk's Use
I
RCA Author: L. Daily x 5599