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PSOMAS Consulting Engineers - 2008-11-17
Council/Agency Meeting Held: Deferred/Continued to: *Appro ❑ Conditionally Approved ❑ Denied C y Irks igna± Council Meeting Date: November 7, 2011 Departme ID Number: PW11-058 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of contract extension Amendments to Professional Services Contracts with AKM Consulting Engineers, Harris & Associates, and Psomas to complete design services for various Public Works projects Statement of Issue: Amendments to Professional Services Agreements with AKM Consulting Engineers, Harris & Associates, and Psomas are required to increase contract time to complete design services for various Public Works Department projects. Financial Impact: Amendments are only to allow for additional time to complete various on-going projects. All three original contracts allow for sufficient funding to complete projects. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and AKM Consulting Engineers", to extend the existing professional service contract for 1 additional year; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and Harris & Associates", to extend the existing professional service contract for 2 additional ears;�nd. C) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and Psomas", to extend the existing professional service contract for 1 additional year. Alternative Action(s): Do not approve and direct staff on how to proceed. 16,114J)vte— *4 lAJ �� �A) -S a.c rroj c, p-r z,6- — �C- Item 4. - I HB -60- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT 1D NUMBER: PW11-058 Analysis: Every few years, Public Works Engineering staff solicits proposals from engineering firms for as-needed civil engineering services primarily for the purpose of preparing construction plans and specifications for a portion of the projects identified in the Capital Improvement Program in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. if the agreements are approved by City Council, the term of the agreements is typically 3 years from the Council award date. Although staff does its best to align expected design schedules with the terms of the consultant agreements, there are circumstances such as availability of grant funds that result in project completion going past the contract terms. The following is a summary of pending work that is expected to overlap past the term of the existing contracts with AKM Consulting Engineers (AKM), Harris & Associates (Harris), and Psomas, which are set to expire on November 17, 2011. In 2009, AKM began assisting the City with identifying and evaluating design alternatives for the Warner Avenue Gravity Sewer Project to assure that the re-design of this project had the least amount of impacts. Shortly thereafter, the final design for the project was put on hold due to the uncertainty of the annexation of Sunset Beach. Annexation was important since there was a possibility that the sewer system in this area would become County's responsibility and would have to be designed to County standards if Sunset Beach remained County land. In late 2010 after it became apparent that Sunset Beach would be annexed, the City issued a Notice to Proceed to AKM to provide final design, which includes the replacement of Lift Station "C" as well as the gravity sewers upstream and downstream. In 2010, Harris began assisting the City with preliminary engineering design for the intersection widening at Brookhurst Street and Adams Avenue. Since this project was determined to require an Environmental Impact Report (EIR), Harris is not able to complete its work until the EIR is complete. Completion of the EIR, by another consultant, is expected in late 2012 and completion of Harris' scope of work expected in early 2013. In addition, Harris is also preparing a traffic analysis for the intersection at Bushard Street and Adams Avenue. The funding for this project was only recently approved by the Orange County Transportation Authority, thus additional time is required to complete this effort. Finally, Harris has also been assisting the City with a project to convert water Well No. 8 for irrigation use at Central Park, Sports Complex, and Murdy Park. Harris is currently working on the final design of these plans. In 2009, Psomas began assisting the City with the 2010 Urban Water Management Plan (UWMP) and the Water Master Plan (WMP) update. Since some of the important information contained in the WMP is dependant on the information from the UWMP, the WMP must follow the UWMP, which was completed on June 1, 2011. Due to the additional time needed to complete the 2010 UWMP, the Psomas' contract requires an extension of time in order to complete the WMP. All three current contracts with AKM, Harris, and Psomas expire on November 17, 2011. Therefore, in order to finalize the construction documents and provide assistance during the construction phase for various Public Works Department projects, it is necessary to amend all three contracts to extend the term. Public Works Commission Action: Not required for this action xB -61- Item 4. - 2 REQUEST FOR COUNCIL. ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: PW11-058 Environmental Status: Not applicable for this action Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): • i - • • 1. "Amendment No. 1 to Agreement Between the City of Huntington Beach and AKM Consulting Engineers" 2. "Amendment No. 1 to Agreement Between the City of Huntington Beach and Harris & Associates" a "Amendment No. 1 to Agreement Between the City of Huntington Beach and Psomas" Item 4. - 3 HB -62- ATTACHMENT #3 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS 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 PSOMAS, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 17, 2008, entitled"Professional Services Contract Between The City Of Huntington Beach And PSOMAS For As-needed Engineering Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for one (1) additional year in order to provide for the performance of additional tasks by Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM The term of the Original Agreement is hereby extended for one (1) additional year. The Original Agreement shall now expire on November 17, 2012. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 11-3078/71366.doc 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. PSOM S CITY OF HUNTINGTON BEACH, a i municipal corporation of the State of A" California By: 0 c, aed , print name ITS: (circle one)Chairman/Presid t/Vice President Ma or AND By: Cy Clerk print name INITIATED AND PPROVED: ITS: (circle one)Secretary/Chief Financial 7L A---- Officer/Asst. Secretary-Treasurer irector of Public W&ks APPROVED AS TO FORM: REVIE ND APPROVED: it Manager City Attorney 2 11-3078/71366 UNAMMOUSMIUTTEN CONSENT OF THE BOARD OF DIRECTORS OF PSOMAS a California corporation March 1.2011 TIIE UNDERSIGNED,being all of the members of the Board of Direuurs of Psolllas,a California corporation(tile"Corporation"),hereby adopt the following resolutions Without a meeting as of the date set forth above, pursuant to Section 3070(b)of the General Corporation Law of Cal i-Fornia- RESOLVED that the foliowing, being the Officers©f the Corporation, be and hereby tire authorized to execute any and all documents required to conduct the business of the Corporation, including,but not limited to contracts, ]cases and certifications; IT IS FURTHER RESOLVED that any one signature Of the Officer's listed herein shall be sufficient to bind the Corporation; T NMOTRY G.PSOINIAS Chairman Emeritus BLAKE N. �MUMLLO Chairman,Chief Executive Offwer JACOB LTPA President LOREN L.SOKOLOW Chief Financial Officer,Treasurer,Assistant Secretary DEBRA TILSON LAMB ECK Vice President,Secretary CRAIG AHRENS Vice-President ALEM-NDRO ANGEL Vice President DOSS W,BARKER Vice President TEDDY C.BOLDEN, 11 Vice President ROB ITT BLASBERG Vice President JOSEPH L.BOYLE Vice President BRIAN E.BULLOCK Vice President RON CANTRELL Vice President AGUSTIN CHANG Vice President HANCHU Vice President INIATTI]EW D.CLARK Vice President MICHAEL J.CREHAN Vice President MME DALN,' Vice President CURT EDWARDS Vice President GERALD EDWARDS Vice President PAUL J.ENTNEKING Vice President JEREIMY L.EVANS Vice President HARVEY GOBAS Vice President CRAIG GOOCI-1 Vice President DANN 1E B.GREEN Vice President ANDREW N.GUST Vice President TIMOTHY G. HAYES Vice President STEPHE,N D.HERRERA Vice President THOMAS R. HUNT Vice President Unanimous Written Consent of tho Board of Directors of Psomas March 1, 2011 P3g�e 2 BRUCE KIRBY Vice President MICHAEL G. KRENILK Vice President KART J. I.AUNEN Vice President `I'HONMAS C. LODGI" Vice President STEPHEN MacLENNAN Vice President ST1 VE IMARGARONI Vice President DAVID IIIcCARTHY 'trice President DANIEL McCROSKEY Vice President PAT McGARRITY Vice President `IROMAS P.McGOVERN Vice President RYAN E. McLEAN Vice President STEVE ivI) N1VLILL Vice President JOEL B, Mid: Vice President DAVID A.MaRITZ Vice President LESLIE MORTON Vice President MARK MOUREY Vice President FREDERICK W, MUELLER Vice President ROBERT C. OLSON Vice President GREGORY OW Vice President N�TBSTER J.QV+'>✓N,JIB Vice president RICH RADOYCIS Vice president SCOTT ROCKE Vice President MATTHEW ROW Vice President CLIFF SIMENTAL Vice president WAYNE SMITH Vice President KENNETH D, STRAM Vice President �1WII�I-Alice G—S«'AN Vice=P-resident ROBERT J.TALAFUS Vice President MICHAEL G.THALIIA- MER Vice President JOHN R.THORNTON Vice President REUBE`d TOLENTINQ Vice President SEAN P, VARGAS Vice President ANISSA VOYIATZES Vice President DONALD LEE WHITELE`f' Vice President LENT ZAIiATE Vice President Unanimous Written Consent of the Board of Directors of Psonnas March 1,2011 Pace 3 This Ukianirnous Written Consew shall be filed vvith the Minutes ofthe proceedings of the ward of Directors,and the actions taken hereby shall have the sainc force and e6ect as if taken at a meeting duly called and held. Make Muri)lo Ryan McLean Jacohlliipa T e-Go-vern YW V, Siege Margaroilli ------------------- CITY OF HUNTING TON®N BEACH Professional Service Approval Form Amendment # 1 1. Date Requested: 9/22/2011 2. Contract Number to be Amended: 3. Department: Public Works 4. Requested By: Todd Broussard 5. Name of Consultant: PSOMAS 6. Amount of Original/Prior Contract: $2,000,000 7. Additional Compensation Requested: $0 8. Original Commencement Date: November 17, 2008 9. Original Termination Date: November 17, 2011 10.Extended Date Requested: November 17, 2012 11.Reason for Contract Amendment: Psomas needs to complete the Water Master Plan Update. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 50691040.82100 epartment He d Signature Director of Finance (or designee) Signature ® City ®f Huntington Beach 200o Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk F6,19,19U9 P ' Joan L. Flynn, City Clerk November 21, 2011 PSOMAS 3187 Red Hill Ave., Suite 250 Costa Mesa, CA 92626 To Whom It May Concern: Enclosed for your records is a copy the "Amendment No. 1 to Agreement Between the City of Huntington Beach and PSOMAS." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand % r , Council/Agency Meeting Held: Deferred/Continued to: 4-Approved ❑ o #io all Approved ❑ Denied Ci 1 Sign re Council Meeting Date: 11/17/2008 Department ID Number: PW 08-73 CITY OF HUNTING A$ON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTORJF:45UBLIC WO K SUBJECT: Approve Professional Services Contracts for As Needed Civil Engineering Services Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Public Works Department requires professional civil engineering services on an as needed basis to support staff for the design and construction of capital improvement projects. Funding Source: Funds are available within the budgeted capital improvement projects. Additional City Council authorization will be requested for unbudgeted projects if necessary. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and AKM Consulting Engineers for As-Needed Engineering Services; 2. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Boyle Engineering Corporation for As-Needed Engineering Services; 3. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Harris & Associates for As-Needed Engineering Services; 4. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract een the City of Huntington Beach and Lee & RO, Inc. for As-Needed Engineering Servic s; C:5.: Approve and authorize the Mayor and City er o execute Professiona ervices Con �") tract between the City of Huntington Beach and PSOMAS Consulting Engineers for As-Needed Engineering Services; and 6. pprove an au orize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and VA Consulting, Inc. for As-Needed Engineering Services. �C REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/17/2008 DEPARTMENT ID NUMBER: PW 08-73 Alternative Action(s): Do not authorize the contracts and direct staff to request proposals from other engineering firms for design services for various capital projects. Projects could be delayed up to one year. Analysis: The City's Capital Improvement Program (CIP) exceeds $38 million in Fiscal Year 2008/09. Additionally, $15 million of continuing appropriations for projects approved last year will be brought forward into the new fiscal year. Transportation, water, sewer and park improvements are the largest expenditure categories. Projects include street, sewer, and water improvement projects. Design for these projects is assigned to firms specializing in these disciplines, as it is not possible to complete this large workload with just city staff. It is in the City's benefit to retain qualified firms for capital improvement project design and engineering. The contract would be for a three-year term with task order assignments awarded such that they do not exceed the specified duration and the dollar amount of the contract. Project assignments are rotated among the consultants, taking advantage of each consultant's specializations. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirty-four 34) proposals were received, and ranked based on qualifications listed in the proposals. The proposed new contracts allow for a three-year term with a total not to exceed $2 million per contract. Funding sources will be from capital improvement project accounts, using the approved project budgets. Public Works Commission Action: Not required. Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable to community's value to grow. (C-2) Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable. -2- 11/3/2008 4:18 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/17/2008 DEPARTMENT ID NUMBER: PW 08-73 Attachment(s): PxaoeN,umber ® • o 1. Professional Services Contract between the City of Huntington Beach and AKM Consulting Engineers for As-Needed Engineering Services 2. Professional Services Contract between the City of Huntington Beach and Boyle Engineering Corpfor As-Needed Engineering Services 3. Professional Services Contract between the City of Huntington Beach and Harris & Associates for As-Needed Engineering Services 4. Professional Services Contract between the City of Huntington Beach and Lee & RO, Inc. for As-Needed En ineerin Services 5. Professional Services Contract between the City of Huntington Beach and PSOMAS for As-Needed Engineering Services 6. ro essional Services Contract between the City of Huntington Beach and VA Consulting, Inc. for As-Needed Engineering Services -3- 11/3/2008 4:18 PM ATTAC H M E N T #5 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR AS NEEDED 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 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR AS NEEDED 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 PSOMAS, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide engineering services on an"as needed"basis; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide, on an "as-needed" basis, engineering services such as the itemized tasks set forth in Exhibit "A," which is attached hereto and incorporated by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." All engineering services shall, prior to the commencement of any work, be set forth in a written Scope of Work to be provided by CITY in advance of each PROJECT. CONSULTANT hereby designates Michael D. Swan, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 08-1814.008/26553 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 on A/0 I/E/ ,&- /:?, 20 Or (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 the Scope of Services shall be completed no later than 3 years from the Commencement Date; however, if any tasks are not completed 3 years from the Commencement Date, the parties may mutually agree to extend this Agreement for such time as is necessary to complete such tasks. In no event shall this Agreement be extended more than two additional years from the original termination date. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. 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 date of final execution, 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 Two Million Dollars ($2,000,000.00). 08-1814.008/26553 2 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services 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 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 To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), 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, 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) 08-1814.008/26553 3 negligence, recklessness or willful misconduct related to 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. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish 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) 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. 08-1814.008/26553 4 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. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. 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 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 the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 08-1814.008/26553 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 08-1814.008/26553 6 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; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONSULTANT: City of Huntington Beach PSOMAS ATTN: Director of Public Works Attn: Michael D. Swan 2000 Main Street 555 Seowk P- ' St Wit; St;. -' '00 gj)�ag Huntington Beach, CA 92648 , ;t'97 RP-4 0 ;(i 4/e , 5��f� 2,90 C o5-{VL M e s R 1 CA `i Uv Z`a 08-1814.008/26553 7 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. 08-1814.008/26553 8 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 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 08-1814.008/26553 9 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 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. 27. 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 08-1814.008/26553 10 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 supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement / to be executed by and through their authorized officers on �(��/ �jL—�. >/ , 20 bd . PSOMAS CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: c o Nip- print name Mayor ITS: (circle one)Chairman/Presiden ice President AND bty Clerk By: INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director Public or S REVIEWED ND PPROVED AS TO CONTENT X7ninistrator APPROVED AS TO FORM: City Attorney ��- 1 08-1814.008/26553 1 1 RE,SOLUTION OF THE BOARD OF DIRLi CTORS OF PSOMAS (A California Corporation) Match 5,2008 At a regularly noticed and conducted meeting of the Board ofDirectors of Psoinas,a California corporation,hold on March 5,2008,the following Resolutions were passed by Unanimous vote, RESOLVED that the following,being the Officers of the Corporation, be and hereby are authorized to execute,any and all docutnents required to conduct the business of the Co-rporation,including;but not limited to contracts,leases and certifications; IT IS FURTHER RESOLVED that any one signature of the Officers listed herein shall be sufficient to bind the Corl3oration; TIMOTHY'G.PSOMAS Chairinan JACOB LIPA President BLAKE N.MURILLO Chief Executive Officer,Secretary DEBRA TILSON LAMBECK Vice President,Assistant Secretary LOREN L. SOKOLOW Chief Financial Officer,Treasurer CRAIG AHRENS Vice President SAM ALI Vice President ROSS W,BARKER Vice President ROBERT BLUME Vice President TEDDY C.BOLDEN,11 Vice President JOE BOYLE Vice President BRIAN BULLOCK Vice President JIM BURTON Vice President ICON CANTRELL Vice President AUGUSTIN CHANG Vice President MATTHEW D.CLARK Vice President MICHAEL J. CREHAN Vice President GARY DODSON Vice President CURT EDWARDS Vice President PAUL J.ENNEKING Vice President JEREMY L.EVANS Vice President JOSH M.LAMA Vice President HARVEYGOBAS Vice President CRAIGGOOCH Vice President STEVE GREGERSON Vice President DANNIE B.GREEN Vice President Resolution of the Board of Directors of Psomas March 5,2008 Page 2 ANDY GUST Vice President TrM HAYES Vice President TOM HERBEL Vice President TOM HOOKER Vice President DANA HUNT Vice President TfIOMAS R.HUNT Vice President KART J.LAUNEN Vice President THOMAS C.LODGE Vice President TOM LOVE Vice President BOB LYNDS Vice President STEPHEN MacLENNAN Vice President STEVE MARGARONI Vice President DANIEL McCROSKEY Vice President THOMAS P.McGOVERN Vice President RYAN E.McLEAN Vice President JOEL B.MILLER Vice President LESLIE MORTON Vice President MARK MOUREY Vice President FREDERICK W.NPJELLER Vice President WEBSTER J.OWEN,JR, Vice President PAUL PEREA Vice President PETER J.POUNTNEY Vice President RICH RADOYCIS Vice President SCOTTROCKE Vice President MATTHEW J.ROWE Vice President GERALD W.SEELMAN Vice President DAN SMITH Vice President WAYNE A,SMITH Vice President STEVEN SPHIGHTS Vice President KENNETH D.STRAM Vice President ROBERT J.TALAFUS Vice President A41CHAEL G.THALHAMER Vice President JOHN THORNTON Vice President SEAN VARGAS Vice President CARL WALLACE Vice President DONALD LEE WHITELEY Vice President LEONARD WILSON Vice President STEVEN WINCHESTER Vice President CHRISTOPHER H. YU Vice President LENIZARATE Vice President L Tfii—iothy G.Ps nas,Chairman Blake N. Murillc, Secretary EXHIBIT A A. STATEMENT OF WORK: CONSULTANT shall provide consulting services on an "as-needed" basis for Street, Sewer and Water Improvement projects to be determined during the term of the agremeent. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach On-Call Civil Engineering Services Scope of Work (Exhibit A.1). Detailed services shall include but is not limited to the following scope of work shown in Exhibit A.2. Upon award and 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 construction plans and specifications to the consultant. D. WORD PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. PSOMAS Exhibit A Exhibit A.l City of Huntington Beach On-Call Engineering Services Scope of Work In general, the Consultant shall perform civil engineering services on an "on call or as- needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Preliminary Engineering Prepare alternative preliminary layouts, surveying, geotechnical services, and estimates of probable cost for alternatives. ® Prepare engineering details and calculations. ® Present alternatives and provide recommendations and analyses of the advantages of each alternative. Permits o Assist the City in obtaining approvals from applicable agencies including County of Orange, CALTRANS, City of Huntington Beach Planning Department for environmental, and/or other permits as may be required. Construction Documents ® Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The City will provide the General Provisions and bid forms in a Microsoft Word and/or Excel Version 2003 format; the Consultant shall modify the documents by adding the necessary special provisions and project bid schedule. The City shall review the construction documents at the preliminary engineering, sixty (60%), ninety percent (90%), and final documents stages or as deemed necessary by the City. All project calculations, supporting/reference information, correspondence, photos, Microsoft office files, etc. shall be provided to City with the final submittal or upon request. ® Drawings shall be prepared in a standard engineering scale using AutoCAD version 2000, 2004, or 2007. All drawings shall have their bearings based upon and translated to be consistent with the California Coordinate System (Zone 6). Final Drawings shall be wet signed and stamped on 24-inch by 36-inch Mylar media. All project AutoCAD files (i.e. drawings, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format. Construction specifications and bidding documents shall be provided in Microsoft Word Version 2003. Bidding Stage o Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, perform constructability review of other firms or own plans and specifications, prepare addenda, analyze bids, and recommend award. Construction Stage 4 Attend pre-construction conference. ♦ Monitor construction schedule, visit construction site as required for progress and quality of work evaluation. ♦ Assist the engineer, contractor, and construction manager/contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. ♦ Upon completion of construction, the Consultant shall prepare "as-built" drawings to the satisfaction of the City. Additionally, the Consultant may also be required to perform construction staking. Special Requirement: Due to the fact that some of the City projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' Local Assistance Procedures Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. EXHIBIT A.2 City of Huntingcon Beach Technical cy ry ffia Proposal + ,o a l y f ' Background and Project Summary Project Summary Psomas is extremely familiar with the community of Firm Overview City of Huntington Beach and the staff. We understand PSOMAS that this On-Call contract could be used for various assignments and are prepared to tackle any of the The cornerstone of our business approach is to focus categories included in the City's RFP with the exception on our clients'long-term needs and guide our strategic of the Storm Drain category as we do not have experience: growth to meet those needs. Our core strength is our in storm drain pump stations. We have provided services multi-discipline teams of experts. Psomas'top-notch Prom CFD formation to master planning to design and staff produces award-winning projects for our clients construction services and stand ready to assist the City through innovation, creativity and cutting-edge technical with these or other assignments, as needed. expertise. We have the proud distinction of being ranked one of the top 100 engineering firms in the United States Approach and Methodology by Engineering News Record. Successful execution for the City of Huntington Beach Founded 62 years ago in 1946,Psomas has grown into a On-Call Contract is a product of Psomas'integrated full-service consulting firm 700 employees with offices and experienced project team; our understanding of the throughout California,Arizona, Utah,Colorado, and type of projects, from the simple to the complex; and Mexico. our quick response to the City.With most of our work Psomas is a multi-discipline consulting firm providing performed for public agencies throughout Orange County services in civil engineering,survey&mapping, and beyond,we are sensitive to community impacts construction management,planning&entitlements, and assimilate the need for biddable, constructible plan geographic information systems,natural resources, packages into the community at large as well as local transportation engineering,and water resources. special areas. Supported by state-of-the-art equipment,our staff of Psomas'experience in the understanding of a variety professionals provides the expertise and depth of experience of projects has led to the development of the following needed to develop flexible and practical solutions to comprehensive Work Plan to address the City's needs, today's complex planning and engineering issues. as set forth in the RFP and from our team members' previous experience in working with the City.This Psomas' On-Call Municipal Contracts comprehensive work plan consists of three keys for project success: Management Approach,Technical City of Alhambra City of Mission Viego Approach, and Quality Approach.Psomas knows how City of Anaheim City of Moreno Valley to integrate these three components into successful City of Carson City of Murrieta timely project execution that realizes the City's goals, as evidenced by our project references.The Management, City of Corona City of Rancho Santa Technical and Quality Approaches are essential to Margarita logically and efficiently developing preliminary design City of Dana Point � y y p i p g City of Roseville and final PS&F.,documents and to gaining the necessary City of Irvine regulatory approvals. City of La Quinta City of Sacramento City of San Clemente An integral component of the Work Plan must be the City of I.,ake Forest Management Approach. Effective team organization City of Lincoln City of Tustin and management are significant to accomplishing the City ofYorba Linda objectives of the City and achieving quality services. City of Long Beach The City can rely on the leadership role of our Contract/ Project Manager, Michael Swan,as he has previously Local Office:3187 Red Hill Ave., Suite 250, Costa Mesa, worked with the City.He will tailor the Work Plan to CA 92626 your specific needs and will assign the professionals Contact:Michael Swan, PE,Vice President/Senior necessary to facilitate success on each project Project Manager, (714).751-7373, niswan4,,psomas.com assignment. PSO A ?-chru al Pr'rposal 15 City of Huntingcon Beach Technical Proposa[ On-i"--.�,11 Civ Management Approach 1 Monitoring of the project schedule- Fie will use Michael Swan,our proposed Contract./ProJ ect Manager, Psomas'proprietary Project-At-A-Glance and a has extensive municipal experience. He has the direct customized Microsoft Project program to monitor resources and progress, and recent experience to effectively manage and lead 1� the successful completion of the City's projects on 1 Creation of savings through cost control measures budget and ahead of schedule. fie will be the central -He will use Psomas'cost accounting software point of contact with the City and will be supported by and customized summary reports to provide the the full financial,technical, and human resources of the City with detailed information needed to monitor firm.His project management approach is based upon the contract's costs. He will track the contract his extensive experience: budget using weekly in-house reports generated by Psomas'accounting system. Liaison with the City,utility owners,and other agencies- He will maintain an open channel Production of monthly progress status reports- of communication with the goal of identifying fie will prepare monthly progress status reports regularly scheduled at re will be p G the project needs, assigning the project team, thatC, establishing the communication protocols, and project ject meetings.These reports will include resolving key issues with the City,utility owners, the completion of work to date, an inventory of and other agencies including, but not limited to, uncompleted tasks with the status of completion design, permitting, and plan-checking. of each task, a review of project milestones, and a summary of expenditures to date. Quick and satisfactory resolution of issues— Mike will initiate each on-call task order within twenty Coordination of disciplines and subconsultants- four hours of each request providing an initial He will manage and lead the Various disciplines scope and task fee within two days.The depth as required to assure that proper coordination and of our project team with each individual having quality control is taking place. He will require and relevant experience provides this commitment review monthly progress status reports from each to the City.As each task order proceeds,he will subconsultant. maintain a Log of Outstanding Issues for each Technical Approach project identitying any unresolved issues which We have prepared a sample Work Plan for the improvement will be documented.He will achieve timely of hypothetical four-lane divided arterial that includes resolutions of issues,and will publish this log to all raised median islands to demonstrate the technical elements appropriate parties every week.All decisions and of our Work Plan.The Tasks associated with the execution of directions will be documented in a Directions Log this project are easily refined for adaptation to AU project for that he will review and distribute weekly. this On-Call Contract.The primary tasks associated with the Conformance to the project requirements—Mr. Work Plan are included below and on the following page. Swan will oversee the design team to assure that required mitigation measures are being addressed according to City and outside agency standards. Tic I —project$coping Organization of work tasks.,procedures, Task 11 —Town Kick-09 Meej% documentation,and team structure-Mike will prepare — monthly action plans using the approved Work Plan Task Ml —AnafrA review and Data Cokction for each task order outlining the priority of activities, Task rV—Sh&nvq responsibilities of personnel and project disciplines, TaskV —Base Sheet Prep"lort and performance timeframes to assure that key issues are being resolved and team performance is on Ta*vl —UtiRty R"&,wth and Coordin400 schedule. He will coordinate this activity to ensure Task Al —.Coociapt AWoYW centralized oversight of all task orders. r_- Task VNI —Outside Agency Coordnation Maintenance of the project status-fie will keep Tk*V —PrWh*wy0e�gn current with the each Task Order's team progress and direction to assure that objectives are being Ta*X—RW Dosign met on schedule and within budaet. Technical edhnical Proposal 16 City of Huntingon Beach Technical Proposal" a. C: rvic:es; Tasft St3{f I n Task}:I — ns and Bti hates Project Team TaskxuMR—Traffic SiVWt The Psomas Team has been assembled and organized specifically to address the unique requirements of TaskXllt Stonnw-Aer Polludon Prevention Plan this On-Call Civil Engineering contract in the City of Ta*XIV —Nglt-of-'dVay'and Property,cr sn Huntington Beach.As prime consultant for this project, _ Psomas has assembled a team,mostly from in-house Task XV_ Project Heetry resources to provide the full range of Task XVI —Ong Phwe Servicescapabilities and specialty services suitable for the type T tSC'4tt —Constuction Phase Services of projects described in the City's Request for Proposal. TaskXVlit _Cin The Psomas"Team includes Ninyo and Moore for Geotechnical services, a firm we have worked together Task XIX —Landscape Arty with on numerous projects similar to those included in the City's RFP. Quality Approach In assigning personnel for key positions on cur team, Fundamental to the execution of this contract is we have selected individuals who have proven track adherence to an established QA/QC plan.Psomas would records in successfully delivering similar street,water assign an individual with technical expertise on the and sewer projects through the design and construction particular type of project who is not directly involved phases.The result is a team with precisely the expertise in the project as the QA/QC manager for the particular needed to solve the particular issues required in the task order within this project. Psomas prides itself on City's RFP and the experienced know-how to anticipate the quality of work produced and has a reputation for the City's needs and deliver the specific work products trouble-free construction documents and an absence of that are required, within the project's time line, design-related change orders. For our clients, this helps to eliminate construction cost overruns and protracted Ninyo and Moore negotiation over Contractor claims. The subconsultant is involved in the project/task startup This track record is the result of following a well- meeting with Psomas and the City, as well as attendance developed design process with integrated quality at subsequent progress meetings. Psomas requires a control measures which are defined in Psomas'Project schedule from the subconsultant to ensure expectations Management Manual and technical manuals.These are in line with the overall project schedule. procedures are implemented from initial scoping As the project progresses,Psomas tracks the budget and through agency review and approval.An important schedule very closely.Throughout the project,all products feature of our team is the Quality Assurance/Quality and communication go through Psomas,not directly to the Control(QA/QC)Program. Senior level engineers with City,so that high-quality standards are maintained and years of demonstrated expertise are specially trained in to ensure one point of contact for the City. Psomas'QA/QC program.The QA/QC manager has the following responsibilities: Ninyo and Moore has established a working relationship with Psomas.'Thus,they are familiar with our procedures ® Review the project scope, schedule, and budget and quality expectations and will require no training at after the kick-off meeting contract onset. f Review progress at critical junctures of the Organization Chart project,make technical suggestions,and provide management recommendations should he see The organization chart, shown on the following diversions from the original scope,schedule. and page as Exhibit A, depicts the key members of the budget Psomas Team and their respective positions.This 1 Review deliverables prior to submission team of professionals has been selected based on prior relationships, their reputation for quality and timely 1 Review the overall project to make certain the services and experience on similar projects. Resumes Psomas Team's high professional standards are for all project team members fellow. being achieved. I? S a S ethnical Proposal 17 } City of Huntingcon Beach Technical Proposal. 1` Organization Chart Y Michael D.Swan,PE s t ,i�IIIVu e Y e a d ., Nancy Boyer,PE Vernon R.Wei sman,PE GregW.°Watanabe,PE Thomas M.Herbel,PE Greg W Watanabe;PE Dana R.Hunt,PE David A.Moritz,PLS,EIT Garreth Saiki,PE:GE ^p 'o%g m PSOMAS Technical Proposal'Exhibit EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. See Exhibit B.1 —Proposed Hourly Fee Schedule Total fees shall not exceed Two Million Dollars ($2,000,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due and remaining balance; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment City of Huntington Beach EXHIBIT B.1 Dn.'Cafl Li 'Serviee,: Fee Sched.ule Engineering and Surveying Services Southern California Hourly Rates 70-$95 Adi-ninistrativeAssistaiit/Analyst $70-$100 Engineering/Surveyor Assistant $75-$110 Civil Designer $ 95-$130 Senior Civil Designer $90-SI35 Staff Engineer/Environmental Scientist/Staff'Surveyor $95-$145 Design Engineer/Surveyor $130-S175 Project EIngineer/Project Surveyor/Senior LInvironmental Scientist $145-$215 Senior Project Engineer/Surveyor $160-$210 Project Manager $180-$240 Senior Project Manager,QA/QC Manager/Principal-in-Charge $235-S270 Two-Person Survey Crew $325-$375 Three-Person Survey Crew Standard computer and technology costs are incorporated into these hourly rates.as well as direct labor,overhead,, fringe benefits and fee. Survey and other specialty equipment will be charged at a per unit per day rate. L'Apert witness testimony is two times the normal rate. Per Diem is calculated at current State Department of Transportation rates(or other appropriate Agency rate). Reimbursables Mileage at$.505 per mile(or current IRS allowable rate)and parking expenses incurred by office employees are charged at cost.Prints,plots.,messenger set-vice,subsistence,air travel,and other direct expenses will be charged at cost plus ten percent.The services of outside consultants will be charged at cost plus fifteen percent. The above schedule is for straight time.Overtime will be charged at 150 percent of the standard hourly rates.Sundays and holidays will be charged at 200 percent of the standard hourly rates. PSOMAS ACORD. CERTIFICATE OF LIABILITY INSURANCE lDA E(ZooB) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. o Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 52711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA: Zurich American Ills Co. PSOMAS INSURER B:American Zurich Insurance Company 555 South Flower Street, Suite 4400 wsuRERc:XL Sp ecialt Insurance Co. Los Angeles CA 90071 INSURER D: INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GEN ERAL NERAL LIABILITY GL0916 014 5 01 10/15/2008 10/15/2 0 0 9 EACH OCCURRENCE $1 0 0 0 0 0 0 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 000, 000 CLAIMS MADE E OCCUR MED EXP(Any one person) $10 0 0 0 X Contractual PERSONAL&ADV INJURY $1, 000,000 X BFPD, XCU GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000, 000 POLICY X PRO- LOC B AUTOMOBILE LIABILITY BAP916015201 10/15/2008 10/15/2009 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1, 000, 000 ALL OWNED AUTOS BODILY INJURY. SCHEDULED AUTOS (Per person) X HIRED AUTOS - - BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY , EACH OCCURRENCE $ OCCUR CLAIMS MADE �! AGGREGATE- $ JE FER 1 TcGRATH, City Att ey / / $ DEDUCTIBLE ��L��r $ RETENTION $ $ WC STATU- OTH- A WORKERS COMPENSATION AND WC916014201 10/15/2008 10/15/2009 X -TnRV.1 KAIT.C1 _ ..P - - - EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1 O O O 000 E.L.DISEASE-EA EMPLOYEE $1, 000, 000 E.L.DISEASE-POLICY LIMIT $1,000,000 JCOTHfE�R DPR9614535 10/15/2008 10/15/2009 Per Claim $1,000,000 ional Liability Annual Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS eneral Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included. 2HUN011700 On-Call Civil Engineering Services CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION10 Day notice for Non-Paymnt of Pr m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Janet Lockhart CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 2000 Main Street SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Huntington Beach CA 92648 THE INSURER, ITS AGENTS OR REPRESENTATIVES. 0111 AUTHORIZED REPRESENTATIV ACORD 25-S(7/97) 0 ACORD CORPORATION 1988 RFP NOTIFICATION LIST FOR: ON-CALL CIVIL ENGINEERING SERVICES Title FirstName LastName JobTitle Company Addressl City State PostalCode email phone Mr. John Loague, Principal AKM 553 Wald Irvine CA 92618 jloague(a_)akmce.com (949) Consulting 753- Engineers 7333 Mr. Randall Berry Design Harris& 34 Irvine CA 92614-4705 rberryLcvharris-assoc.com (949) Development Associates Executive 655- Manager Park 3900 Suite 150 014 Mr. Matthew Thomas Water/Wastewater Boyle 1501 Quail Newport CA 92658-9020 mthomas@boyleeni4ineerini4.com (949) Practice Leader Engineering Drive Beach 476- PO Box 3307 735 Mr. Mark Miller Vice President, Brown& 400 Irvine CA 92602 mwmiller@brwncald.com 714- Operations Caldwell Exchange 689- Manager Suite 100 4816 Mr. Johnathan Hou Principal AES— 1322 Bell Tustin CA 92780 JPHou cr,axiomes.net 714- Axiom Avenue 247- Corporation Suite 1 G 1002 Mr. Mark Komoto Senior Parsons 505 S. Orange CA 92868 komoto@a,pbworld.com 714- Supervising Brinckerhoff Main 564- Engineer,Water Street, 2791 Resources #900 Mr. Steven Andrews President Steven 26501 Lake CA 92630 emailP_sandrewsengineerin .com 714- Andrews Rancho Forest 571- Engineering Parkway 5500 South Suite 204 Mr. Nick Kanetis Senior Vice Richard 3710 San Diego CA 92123 nkanetis(a-)rbrady.net 858- President Brady& Ruffin 496- Associates Road 0500 Mr. Harvey Gobas Senior Project Psomas 3187 Red Costa CA 92626 hgobasgpsomas.com (714) Manager,Water Hill Mesa 751- and Natural Avenue, 7373 Resources Suite 250 GAEngineeting Division\WAGNER\On Call Civil RFP 2008\On Call Civil RFP Data 4-8-08.doe Page 1 of 2 10/17/2008 RFP NOTIFICATION LIST FOR: ON-CALL CIVIL ENGINEERING SERVICES Title FirstName LastName JobTitle Company Addressl City State PostalCode email phone Mr. Ali Pakzad President APA 23282 Mill Laguna CA 92653 apakzad(-)apaen-g com (949) Engineering, Creek Dr., Hills 770- Inc. Suite 160 4429 Mr. Rick Kreuzer Chief Operating Bryan A. 1360 Diamond CA 91765 rkreuzer&bas.com (909) Officer Stirrat& Valley Bar 396- Associates Vista Drive 9777 Mr. Kamran Saber,PE Director of Norris- 400 N. Santa Ana CA 92705 ksaber cgnorrisrepke.com 714- Engineering Repke Tustin 973- Services Avenue, 2230 Suite 230 X112 Mr. R.H. Cahl P.E. President Jones,Cahl 18090 Huntington CA 92648 icaCabjonescahl.com 714- & Beach Beach 848- Associates Blvd. Ste 0566 Inc 12 Robbie Mahmood Principal APD 188 Irvine CA 92618 robbiem@apdcon.com 949- Consultants, Technology 336- Inc. Dr., Suite B 6336 14 Companies NOTE: THE ON-CALL CIVIL ENGINEERING SERVICES REQUEST FOR PROPOSAL (RFP) WAS POSTED ON THE CITY OF. HUNTINGTON BEACH WEB SITE FROM MAY 30, 2008 UNTIL THE CLOSE DATE OF JUNE 26, 2008; THEREFORE, THIS RFP WAS OPEN TO ADDITIONAL QUALIFIED FIRMS. GAEngineeiing Division\WAGNER\On Call Civil RFP 2008\On Call Civil RFP Data 4-8-08.doe Page 2 of 2 10/17/2008 r CITY OF HUNTING ON BEACH Professional Service Contracts 19�s° Purchasing Certification 1. Date: 10/17/2008 2. Contract Number: PWK U 0,P(!94 0 v 3. Department: Public Works 4. Requested by: James Wagner 5. Name of consultant: PSOMAS 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. The written statement (i.e. RFP) was provided on the City's Web Site and and on Exhibit "A" of the attached Professional Services Contract for As Needed Engineering Services. 7. Amount of the contract: $2,000,000.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: Business Unit and Object Code are available within the budgeted capital improvement projects. 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this contract over$100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached document entitled "RFP Notification List for On-Call Civil Engineering Services." 16. Attach proposed scope of work. Scope of Work on Exhibit "A" of the attached Professional Services Contract for As Needed Engineering Services. 17. Attach proposed payment schedule. Payment Schedule on Exhibit "B" of the attached Professional Services Contract for As Needed Engineering Services. Department Hea ignature R I(CA,ARD AM4L— CentrJ1 Services Manager 1. If the answer to this question is"No," the contract will require approval from the City Council. City ®f Huntington Beach ® ee 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN ® CITY CLERK December 2, 2008 PSOMAS Attn: Michael D. Swan 3187 Red Hill Ave., Suite 250 Costa Mesa, CA 92626 Dear Mr. Swan: Enclosed for your records is a copy of the Professional Services Contract between the City of Huntington Beach and PSOMAS for As Needed Engineering Services. Sincerely, k' Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227) RCA ROUTING STET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Professional Services Contracts for As Needed Civil Engineering Services COUNCIL MEETING DATE: November 17, 2008 F2 ` ATTACHMENTS , TA U ' Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ElSubleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not A plicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) NoAttached El Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR A ®E® Administrative Staff ( ) ) Deputy City Administrator (Initial) ) ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: • RCA Author: J. Wagner:jg