HomeMy WebLinkAboutPsomas, Inc. - 2013-08-05 Dept. ID PW 13-045 Page 1 of 3
Meeting Date:8/5/2013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/5/2013
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 Professional Services Contracts between the City of Huntington Beach
and Transystems, Inc., CivilSource, Inc., Dudek, Inc., AKM Consulting
Engineers, Inc., Harris and Associates, Inc., and Psomas, Inc. for as-needed
construction management and administrative support services
Statement of Issue:
On June 18, 2013, proposals were received for as-needed construction management and
administrative support services. Public Works Department requires construction management
services on an as-needed basis to assist the department in the delivery of the Capital Improvement
Program (CIP).
Financial Impact:
Funds are available within budgeted capital improvement projects.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and TranSystems, Inc. for As-Needed Construction
Management and Administrative Support Services" for an amount not to exceed $1 million for a
three year term; and
B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and CivilSource, Incorporated for As-Needed Construction
Management and Administrative Support Services" for an amount not to exceed $1 million, for a
three year term,; and
C) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and Dudek, Inc. for As-Needed Construction Management
and Administrative Support Services" for an amount not to exceed $1 million for a three year term;
and
D) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and AKM Consulting Engineers, Inc. for As-Needed
Construction Management and Administrative Support Services" for an amount not to exceed $1
million for a three year term; and
E) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
HB -177- Item 12. - 1
Dept.ID PW 13-045 Page 2 of 3
Meeting Date:8/5/2013
Between the City of Huntington Beach and Harris & Associates, Inc. for As-Needed Construction
Management and Administrative Support Services" for an amount not to exceed $1 million for a
three year term; and,
F) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and Psomas, Inc. for As-Needed Construction Management
and Administrative Support Services" for an amount not to exceed $1 million for a three year term.
Alternative Action(s):
Approve selected, or none of the agreements and direct staff to request proposals from other
construction management firms or direct City staff to perform this work. Due to limited availability,
using City staff could jeopardize the completion of CIP projects.
Analysis:
The City's current as-needed agreements with firms to provide construction management and
administrative support services have expired. Construction management is a specialized function in
completing capital projects, and as-needed services provide the most flexibility for delivering the
CIP. The proposed new agreements each allow for a three-year contract term with the option for
two one-year extensions with a total budget not to exceed $1 million per firm. The Capital
Improvement Program each year is approximately 30 million a year, for a total of 90 million over the
tem of these agreements. This equates to 3% to 6% of the total amount for the 3 year projected
CIP.
In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from interested
firms. Proposals were rated by experience and ability to provide services on an as-needed basis.
Six qualified firms•were.selected out of the 20 proposals that were reviewed.
It is to the City's benefit to retain qualified firms for capital project construction management.
Project assignments are rotated among the consultants, taking advantage of their various
specializations. The alternative to as-needed construction management agreements is the
preparation of request for proposals and requesting proposals for individual projects. With over 50
budgeted projects to complete over the next two years, the as needed process provides significant
savings in staff hours.
Public Works Commission:
Not Required
Environmental Status:
Not applicable
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
1. Professional Services Contract Between the City of Huntington Beach and TranSystems,
Inc for As-Needed Construction Management and Administrative Support Services
2. Professional Services Contract Between the City of Huntington Beach and CivilSource,
Incorporated for As-Needed Construction Management and Administrative Support Services
3. Professional Services Contract Between the City of Huntington Beach and Dudek, Inc. for
As-Needed Construction Management and Administrative Support Services
Item 12. - 2 xB -178-
Dept. ID PW 13-045 Page 3 of 3
Meeting Date:8/5/2013
4. Professional Services Contract Between the City of Huntington Beach and AKM Consulting
Engineers, Inc. for As-Needed Construction Management and Administrative Support
Services
5. Professional Services Contract Between the City of Huntington Beach and Harris &
Associates, Inc. for As-Needed Construction Management and Administrative Support
Services
6. Professional Services Contract Between the City of Huntington Beach and Psomas, Inc. for
As-Needed Construction Management and Administrative Support Services
I
i
HB -179- Item 12. - 3
ATTAC H M E N T #6
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PSOMAS,INC.
FOR
AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT
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 Incorporated, a California Corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to As-Needed Construction
Management and Administrative Support Services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the"PROJECT."
CONSULTANT hereby designates Reuben Tolentino who shall represent it and be
its sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence o-f—this Agreement. The services of CONSULTANT are to
commence on �GLS%C.+.�, 20 43 (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than 3 Years from the Commencement Date. The time for performance of the tasks identified
in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to
benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed One Million Dollars ($1,000,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of.CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs,reports,both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature)
arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
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($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement;the certificate shall:
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A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten(10)days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
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be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent(as designated in Section 1 hereinabove)or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
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other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Psomas,Inc.
ATTN: Eric R. Charlomme Attn: Reuben Tolentino,VP
2000 Main Street 3 Hutton Center Drive, Suite 200
Huntington Beach,CA 92648 Santa Ana, CA 92707
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
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covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall,irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
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CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24, ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not,in fact,held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
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
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Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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CONSULTANT,
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
COMPANY NAME Cal is -
Psomas, Inc.
—�_ Mayor
By:
O /l0
i print name Clerk t j3
ITS: (circle one)Chairman/Presiden ice�President
INITIATED AND APP VED:
AND
Dir for ub is Works
By:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer ?tp,ftyutnag-er7
APPROVED:
APPROVED AS TO FORM:
�Ciorney
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PSOMAS,INCORPORATED
FOR
AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT
SERVICES
Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance ...............................................................................................2
3 Term; Time of Performance....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work..............................................................................................................2
6 Method of Payment.................................................................................................3
7 Disposition of Plans,Estimates and Other Documents...........................................3
8 Hold Harmless.........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance ...........................................................................................5
11 Independent Contractor...........................................................................................6
12 Termination of Agreement......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent....................................................................................................................8
18 Modification............................................................................................................8
19 Section Headings.....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original...................................................................................................9
22 Immigration..............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees.........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Signatories................................................................................................................10
28 Entirety.....................................................................................................................10
29 Effective Date.........................................................................I.......11
EXHIBIT "A"
A. STATEMENT OF WORK:
CONSULTANT shall provide construction management and administrative support
services for various City capital improvement construction projects such as sewer
lift stations, roadway rehabilitation, new park developments and waterline projects
on an "as-needed" basis.
Due to the fact that some of the City projects will be funded by Federal or State
grants, CONSULTANT must comply with requirements of Caltrans' Local Program
Manual and the City of Huntington Beach Quality Assurance Plan for Federal and
State Funded Projects and all applicable prevailing wage laws.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT's duties and responsibilities shall follow provisions specified in the City of
Huntington Beach As-Needed Construction Management and Administrative Support
Typical 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.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish a scope of work request for each project assigned.
2. Furnish construction plans and specifications to the consultant.
D. WORK PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly payments toward the fees set forth herein in
accordance with the following payment schedules.
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
See Exhibit B.1 —Proposed Hourly Fee Schedule
Total fees shall not exceed One Million dollars ($1,000,000.00). CONSULTANT agrees to
inform the CITY when CONSULTANT is at the point of reaching the maximum limit unless
first authorized in writing by City authorized representative(s).
The hourly rates for years four and five shall increase based on the Consumer Price Index (CPI)
for all Urban Consumers in the Los Angeles, Riverside or Orange County areas or 5%,
whichever is lower.
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 requirement for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
a. Reference this Agreement;
b. Describe the services performed;
c. Show the total amount of the payment due;
d. Include a certification by a principal member 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 submissions 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 shall notify CONSULTANT in writing of the reasons for non-approval and
the schedule of performance by CONSULTANT is, 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.
UNANIMOUS WRITTEN CONSENT
OF THE
BOARD OF DIRECTORS
OF
PSOMAS
a California corporation
February 28,2013
THE UNDERSIGNED,being all of the members of the Board of Directors�of Psomas,a
California corporation(the"Corporation"),hereby adopt the following resolutions without a
meeting as of the date set forth-above,pursuantlo Section 307(b)of the General Corporation Law
of California:
RESOLVED that the following,being the Officers of the Corporation,be and hereby are
authorized to execute.any and all documents required to conduct the business of the Corporation,
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 Corporation;
TIMOTHY G.PSOMAS Chairman Emeritus
BLAKE N.MURILLO Chairman,Chief Executive Officer
JACOB LIPA President
LOREN L SOKOLOW Chief Financial Officer,Treasurer,Assistant Secretary
DEBRA TILSON LAMBECK Vice President,Secretary
CRAIG AHRENS Vice President
ALEJANDRO ANGEL Vice President
ROSS W.BARKER Vice President
TEDDY C. BOLDEN,11 Vice President
JOSEPH L.BOYLE Vice President
BRIAN E.BULLOCK Vice President
AGUSTIN CHANG Vice President
HAN CHU Vice President
MATTHEW D.CLARK Vice President
MICHAEL J. CREHAN Vice President
MIKE DALY Vice President
CURT EDWARDS Vice President
PAUL J.ENNEKING Vice President
JEREMY L.EVANS Vice President
PETER FITZPATRICK Vice President
HARVEY GOBAS Vice President
ERNEST GOMEZ Vice President
CRAIG GOOCH Vice President
DANNIE B.GREEN Vice President
ANDREW N. GUST
T Vice President
TIMOTHY G.HAYES Vice President
ROBERT J.IANNARTNO Vice President
BRUCEKIRBY Vice President
MICHAEL G. KREMER Vice President
NATALIE KYRIAKOUDIS Vice President
KAKI J.LAUNEN Vice President
THOMAS C. LODGE Vice President
Unanimous Written Consent of the Board of Directors of Psomas
February 28, 2013
Page 2
STEVE MARGARONI Vice President
DAVID McCARTITY Vice President
DANIEL McCROSK EY Vice President
PAT McGARRITY Vice'President
THOMAS P.McGOVERN Vice President
RYAN E.McLEAN Vice President
STEVE MENDENHALL Vice President
JOEL B.MILLER Vice President
DAVID A.MORITZ Vice President
LESLIE MORTON Vice President
ROBERT C.OLSON Vice President
RICH RADOYCIS Vice President
SCOTT ROCKE Vice President
MATTHEW J.ROWE Vice President
CLIFF SIMENTAL Vice President
WAYNE A. SMITH Vice President
KENNETH D. STRAM Vice President
MICHAEL D. SWAN Vice President
ROBERT J.TALAFUS Vice President
JOHN R.THORNTON Vice President
REUBEN TOLENTINO Vice President
SEAN P. VARGAS Vice President
ANISSA VOYIATZES Vice President
DONALD LEE WHITELEY Vice President
LENIZARATE Vice President
This Unanimous Written Consent shall be filed with the Minutes of the proceedings of the
Board of Directors, and the actions taken hereby shall have the same force and effect as if taken
at a meeting duly called and held.
7, mu"Tr Ryan McLean
Jacob TUMcGovern
Steve M rgaroni Paul J. lekin
G-t H.Hunt
Attachment D- Construction Management and Inspection Services
Page 1 of 2
Effective: For the duration of this contract.
PROGRAM/CONSTRUCTION MANAGEMENT HOURLY RATE
Principal/Project Director $195
Principal/Alternate Project Manager $185
Principal Engineer $180
Senior Project Manager, Area/Senior Construction Manager $175
Construction Manager/Resident Engineer $155-$180
Certified Construction Manager $150-$165
Project Engineer $140
Scheduling/Cost Engineer $140
Senior Planner/Permit Specialist $150
CADD Operator/Drafter $110
LEED Certified Inspector $130
CPII Certified Inspector $120-$135
Contract Administrator $115
PUBLIC WORKS SERVICES GROUPS HOURLY RATE
Technical Support $120
Administration $75
REIMBURSABLE EXPENSES COST
Reproduction Actual
Consultant Services Actual
Automobile Transportation Current iRS Allowable
Delivery, Freight, Courier Actual
Agency Fees Actual
Commercial Travel Actual
Attachment D- Construction Management and Inspection Services
Page 2 of 2
Additional Terms and Conditions:
1. The proposed fees are valid through the end of 2014. Fees will escalate 5% starting 2015 with City approval.
2. Psomas shall not be responsible for construction means, methods and techniques, or for safety measures,
precautions or programs at the project site. m
3. Construction delays or additional services caused by factors outside the control of Psomas may require
additional fees.
4. Rates include miscellaneous related costs:vehicle, cell phone, digital camera and standard tools and
equipment. All other direct expenses will be billed at cost.
5. A shift which commences after 2:OOpm or before 4:OOam, during any twenty-four hour period,
commencing at 12:01am is subject to a twelve and one-half percent(12.5%) differential.
6. Overtime will be charged at 135% of the regular hourly rate. Sundays and holidays will be charged at 170%
of the regular hourly rate.
w4C®R®,. CERTIFICATE ®F LIA ILITY INSURANCE M/DD/YY)
7 16/16/2013
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED INSURERA:ACE American Insurance Com an
PSOMAS INSURER B:Travelers Prolperty Casualty Cc of Ameri
555 South Flower Street, Suite 4300
Los Angeles CA 90071 INSURERC:
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
HE 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
B GENERAL LIABILITY 630265M676A 10/15/2012 10/15/2013 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $] 0 0 0 000
CLAIMS MADE a OCCUR MED EXP(Any one person) $10 000
X Contractual PERSONAL&ADV INJURY $1, 000, 000
X BFPD, XCU GENERAL AGGREGATE $21, 0001, 000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 0 0 Q 0 0 0
POLICY X jECT
PRO LOC
B AUTOMOBILE LIABILITY 810265M676A 10/15/2012 10/15/2013 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1 r 000, 000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
rXX NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR C CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WC STATU- OTH-
B WORKERS COMPENSATION AND UB6A526643 10/15/2012 10/15/2013 X TDRYLIMITS ER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $1 000, 000
E.L.DISEASE-EA EMPLOYEE $1 0 0 0 000
E.L.DISEASE-POLICY LIMIT $1 0 0 0 000
A OTHER G23638381004 10/15/2012 10/15/2013 Per Claim $1,000,000
Professional Liability Annual Aggregate $1,000,000
Claims Made
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 as respects to General Liability. AFPROVEDAS TO FORM:
2HUN012300; As needed Construction Management and Adminstration
Full Prior Acts
Professional Liability deductible: $10,000. ¢ FA Nr.AER��ii�g pp
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION 10 Day"
notice for Non-Paymnt of Prem
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
Attn: City Attorney CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO
2000 Main Street POBOX 190 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
Huntington Beach CA 92648 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE/
oq
ACORD 25-S(7/97) 0 ACCIRD CORPORATION 1988
Bid Results for Project Construction Management&Administrative Support(2013-0521)
Issued on 05/21/2013
Bid Due on June 18,2013 4:00 PM(Pacific)
Exported on 08/OB/2013
Bidder info
VendorlD Vendor Name Address Address 2 City Respondee Phone Respondee Email Bid Amount Format Bid Submit Date Bid Status Responsive
255415 Griffin Structures,Inc. 385 Second Street Laguna Beach 949-497-9000 Ext.265 khenderson griffinholdings.net $0.00 Electronic 6/18/2013 15:32 Submitted Yes
225185 Willdan Engineering 2401 E Katella Ave Suite 450 Anaheim 562-908-6200 Ext.6297 mhigashi willdan.com $0.00 Electronic 6/13/2013 15:30 Submitted Yes
225501 Harris&Associates,Inc. 34 Executive Park,Suite 150 Irvine 949-655-3900 Ext.2350 bbarnett harris-assoc.com $0.00 Electronic 6/17/2013 10:13 Submitted Yes
228874 Tetra Tech 17885 Von Karman Avenue Suite 500 Irvine 949-809-5179 Ext. luanne.bean tetratech.com $0.00 Electronic 6/18/2013 15:27 Submitted Yes
240026 GK&Associates 3333 Brea Canyon Road Suite 120 Diamond Bar 909-595-1940 Ext.101 gkhan gkandassociates.com $0.00 Electronic 6/18/2013 15:00 Submitted Yes
255123 Tran5ystems 6700 E.Pacific Coast Hwy.,Ste 275 Long Beach 562-594-6974 W. saschmucker transystems.com $0.00 Electronic 6/18/2013 13:57 Submitted Yes
25SiS7 Civil5ource 9930 Research Drive Suite 200 Irvine 949-585-0477 Ext. jenl civil-source.com $0.00 Electronic 6/18/201313:43 Submitted Yes
255395 Simpson&Simpson Management Consulting 1000 S.Fremont Ave.Unit 64,Bldg.A10 Suite 10215 Alhambra 626-282-4000 Ext. dwong ssmci.net $0.00 Electronic 6/17/2013 12:42 Submitted Yes
255398 AKM Consulting Engineers 553 Wald Irvine 949-753-7333 Ext. khankins akmce.com $0.00 Electronic 6/18/2013 9:40 Submitted Yes -
255402 Quantum Quality Consulting,Inc. 2720 Sepulveda Blvd,Suite 100 Torrance 310.891-3994 Ext. fbigdelf thequantumconsulting.com $0.00 Electronic 6/18/2013 9:24 Submitted Yes
223296 Interwest Consulting Group 1076 Lincoln Place Boulder 714-202-0256 Ext. ktierney interwestgrp.com $0.00 Electronic 6/18/2013 12:24 Submitted Yes
255487 Ghirardelli Associates,Inc. 313 Lincoln Street Roseville 916-749-32B5 Ext. jdurrett ghirardelliassoc.com $0.00 Electronic 6/iB/201315:18 Submitted Yes
255783 Newport Real Estate Services,Inc. 3184H Airway Avenue Costa Mesa 714-975-7676 W. gallen nres.net $0.00 Electronic 6/113/201312-19 Submitted Yes
258641 5winerton Builders 865 S.Figueroa St.,Ste.3000 Los Angeles 213-896-3408 Ext. mshawver swinerton.com $0.00 Electronic 6/113/201315:31 Submitted Yes
101266 Psomas 3 Hutton Centre Drive Suite 200 Santa Ana 714-4131-7982 Ext. amy.oelrich psomas.com $0.00 Electronic 6/113/2013 11*47 Submitted Yes
178836 Dudek 605 Third Street Encinitas 760-207-3405 Ext. dmyers dudek.com $0.00 Electronic 6/18/2013 14:57 Submitted Yes
181100 Wallace&Associates Consulting,Inc. 1655 E 5th Street Suite A-4a Corona 951-966-7774 Ext. cart wallace-cm.com $0.00 Electronic 6/18/2013 14:42 Submitted Yes
199892 Vanir Construction Management 10 Corporate Park,Ste.130 Irvine 310-502-8876 Ext. scotty.galloway vanir.com $0.00 Electronic 6/18/2013 15:14 Submitted Yes
208533 Richard Brady&Associates 17011 Beach Blvd Suite 900 Huntington Beach 714-375-6642 Ext. ajohnson rbrady.net $0.00 Electronic 6/18/2013 14:38 Submitted Yes
214436 SA Associates 1130 W.Huntington Drive,Unit 12 Arcadia 626-821-3456 Ext. kdancel saassociates.net $0.00 Electronic 6/18/2013 15:27 Submitted Yes
City Of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ® www.huntingtonbeachca.gov
Office of the City Clerk
8 ` Joan L. Flynn, City Clerk
August 15, 2013
Psomas, Inc.
Attn: Reuben Tolentino, VP
3 Hutton Center Drive, Suite 200
Santa Ana, CA 92707
Dear Mr. Tolentino:
Enclosed for your records is a copy of the "Professional Services Contract Between The
City of Huntington Beach And Psomas, Inc. For As-Needed Construction Management And
Administrative Support Services."
Sincerely,
Joan L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
Sister Cities: Anjo,Japan A Waitakere, New Zealand