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HomeMy WebLinkAboutRichard Brady and Associates - 2012-10-15 Council/Agency Meeting Held: & / Deferred/Continued to: /41 App v ❑ Conditionally Approved ❑ Denied it y Cler s Sig a re Council Meeting Date: October 15, 2012 Department ID Number: PW 12-058 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 two Professional Service Contracts with Richard Brady and Associates: one for Water Quality Support and the second for Water Conservation Activities Support Statement of Issue: Submitted for City Council approval are two professional service agreements for the Utilities Division of the Public Works Department. Financial Impact: Funding for the first year of the Water Quality Support project in the amount of $57,600 is budgeted in the Water Fund in the Professional Services account 50685802.69365. Funding for the first year of Water Conservation project in the amount of $112,800 is budgeted in the Water Fund in Other Contract Services account 50685806.69450 with subsequent funding to be included in the future year's budgets. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute the "Professional Service Contract Between the City of Huntington Beach and Richard Brady & Associates for Support for Water Quality Testing and Administration;" and, B) Approve and authorize the Mayor and City Clerk to execute the "Professional Service Contract Between the City of Huntington Beach and Richard Brady & Associates for Support for Water Conservation Activities." Alternative Action(s): Do not authorize the Mayor to sign and City Clerk to execute one or both of the professional service agreements and direct staff accordingly. Item 9. - 1 HB -112- REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PW 12-058 Analysis: Submitted for City Council approval are two professional service agreements with Richard Brady & Associates to serve as an extension of staff to support on-going activities for both Water Quality and Water Conservation. Water Quality The City of Huntington Beach Utilities Division of the Public Works Department issued a request for proposals (RFP) for a consultant to assist the City's Water Quality Coordinator with recordkeeping, documentation and water quality data tracking. The Consultant will ensure that water quality documentation is completed and necessary reports are submitted to the Water Quality Coordinator for review and issuance to the California Department of Public Health to maintain the City's regulatory compliance. The Consultant will function as an extension of staff working in coordination with City Water Quality staff. The City received proposals from four qualified consulting firms for this project: - Richard Brady and Associates - Environ Strategy Consultants - Stetson Engineering - Telluris, Inc. City staff reviewed all of the proposals and is recommending Richard Brady & Associates for this project. Richard Brady and Associates proposal met or exceeded all of the requirements of the RFP. Richard Brady & Associates have worked with the City on projects in the past and this proposal included staff who have worked with the City of Huntington Beach and are familiar with California Department of Health requirements as well as City of Huntington Beach policy and standards. Brady & Associates was one of two proposers with offices in the City of Huntington Beach. Funding for this project is budgeted in the Water Fund in the Water Quality Professional Services account 50685802.69365. Water Conservation The City of Huntington Beach Utilities Division also issued a RFP for support for water conservation activities. The consultant will serve as an extension of staff working under the direct supervision of the Water Conservation Coordinator. The consultant will assist in the implementation, administration and monitoring of water conservation programs for the City; maintain and analyze water conservation records; assist in the preparation of reports on compliance with Best Management Practices for water conservation; maintain/update the City's Water Conservation web page; and perform other duties as required. The City received proposals from three qualified consulting firms for this project: - Richard Brady & Associates - Environ Strategy Consultants - Innovare Environmental HB -1 1.3- Item 9. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PW 12-058 As noted above, Richard Brady & Associates has extensive experience with the City of Huntington Beach. They have previously provided staff support for the City's water conservation efforts and their proposal would build upon these prior efforts. The proposal from Richard Brady & Associates was the least expensive of the three proposals and they are the only firm with an office in the City. Environmental Status: Not Applicable Public Works Commission Action: Not Applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. "Professional Service Contract Between the City of Huntington Beach and Richard Brady & Associates for Support for Water Quality Testing and Administration" 2. 1 "Professional Service Contract Between the City of Huntington Beach and Richard Brady & Associates for Support for Water Conservation Activities" Item 9. - 3 HB -1 14- ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RICHARD BRADY& ASSOCIATES FOR SUPPORT FOR WATER WATER QUALITY TESTING AND ADMINISTRATION Table of Contents IScope of Services.....................................................................................................I 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 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 1 l Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited.....................................I..........................9 t 24 Attorney's Fees..................................................................................... ....................10 25 Survival 26 Governing Law ......10 27 Signatories.................................................................................................................10 28 Entirety .........................10 29 Effective Date.................................................................................I I i . r fi. I E p€ f- i PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RICHARD BRADY&ASSOCIATES FOR SUPPORT FOR WATER WATER QUALITY TESTING AND ADMINISTRATION 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 Richard Brady&Associates,a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide support for water quality testing and administration;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 Howard Johnson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. i I agree/surfnet/professionalsvcs mayor 1 of 11 12107 i i 4 - t.. 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 October 16 20 12 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty-nine thousand three hundred forty-six Dollars($59,346.00)./year. 5. EXTRA WORK E.. In the event CITY requires additional services not included in Exhibit"A" or i changes in the scope of services described in Exhibit "A," CONSULTANT will undertake t agree/surfnet/professional svcs mayor 2 of 11 € 12/07 i 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." 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 i 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 i. 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 F counsel. This indemnity shall apply to all claims and liability regardless of whether any I i r s agree/surfnet/professional sves mayor 3 of 11 i 12/07 i i i. i i 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 ($1,000,000.00)per occurrence and in the aggregate. The above-mentioned insurance j 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. f 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 h with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance t required by this section or fails or refuses to furnish the CITY with required proof that t i insurance has been procured and is in force and paid for,the CITY shall have the right, at the fi. i CITY's election, to forthwith terminate this Agreement. Such termination shall not effect ! i agree/surfnet/professionai svcs mayor 4 of 11 i 2/07 i 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: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and i 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 E. CONSULTANT is, and shall be, acting at all times in the performance of this t i Agreement as an independent contractor herein and not as an employee of CITY. agree/surfnet/professional Svcs mayor 5 of 11 12/07 f i i r i 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 i f 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 .: f. material produced as a result of this Agreement. 1 agree/surfnet/professional sves mayor 6 of 11 t 12/07 3 i 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 I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 4 TO CITY: TO CONSULTANT: City of Huntington Beach Howard Johnson ATTN: Chris Davis Richard Brady&Associates 2000 Main Street 17011 Beach Boulevard, Suite 900 Huntington Beach, CA 92648 Huntington Beach, CA 92647 714-375-6642 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 3 3' any subsequent occurrence of the same or any other transaction or event. i i agree/surfnet/professional sves mayor 7 of 11 12/07 i a r. E 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be f t Y. agree/surfnet/professional svcs mayor 8 of 11 12/07 i I i curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party j. shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover 1: i its attorney's fees from the nonprevailing party. i agree/surfnebprofessionalsvcs mayor 9 of 1 1 s 12/07 { E 1 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 F Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event i that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement l 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 i acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this F Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. F agree/surfnet/professional svcs mayor 10 of 11 i 12/07 i i 1: THIS PAGE NOT USED AGREEMENT CONTINUES ON PAGE 12 agree/surfnetlprofessional svcs mayor 1 I of 11 12/07 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a Richard Brady&Associates municipal corporation of the State of COMPANY NAME California � Mayor By: Richard Brady print name City Clerk ITS: (circle one)Chai Presiden ice President l/ INITIATED AND APP V D: AND By: Cistal Kolland blic Works Director print name ITS: (circle one)Secret Chief Financial Officer/Asst. Secretary-Treasurer *REVIENDPPROVED: r t E t i _---APPROVED AS TO FORM: ity orney I.. I t4 i 1 t 1 agree/surfnet/professional svcs mayor 12 12/07 E t i EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant will operate out of an office space on site and will interact directly and daily with the Water Quality Coordinator, Water Production Supervisor and Utilities Division staff. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Collecting and analyzing water quality samples and maintaining sample stations. 2. Maintaining lab documentation such as chain of custody data, lab results and original records. 3. Completing regular backflow prevention device testing and documenting test results. 4. Preparing regulatory reports including California Department of Public Health(CDPH) Coliform and Surface Water reports, CDPH Fluoridation Reports, CPH Disinfection Byproduct Report, and Orange County Health Department monthly reports. 5. Performing nitrification analysis at the City's reservoirs and imported water connections. 6. Preparing the annual Consumer Confidence Report for distribution to all City residents. C. CITY'S DUTIES AND RESPONSIBILITIES: Utilities Manager, Water Production Supervisor and Water Quality Coordinator to provide daily communication and direction to consultant. D. WORK PROGRAM/PROJECT SCHEDULE: i Daily Activities { C Lab Documentation: Enter Chain of custody data into Excel worksheets. This includes lab results, and original records. Typically 100-150 entries per month. f i s EXHIBIT A i i C Cross Connection Documentation: Input test results and supporting data into Cross Connection database after backflow device test forms are received from device testers. Typically about 700 test form entries per month. Weekly Activities ® General Physical Analysis: Collect and analyze General Physical samples at five bacteriological sites in our distribution system. These sites rotate weekly between 20 total sites. Analysis includes: Free&total chlorine concentration,temperature, pH, conductivity, total dissolved solids,turbidity, oxygen reduction potential,odor and color. • Sample Station Maintenance: Inspect clean and disinfect bacteriological sample stations located throughout the City's distribution system. This process ensures accurate results from the lab and eliminates"false positives". Monthly Activities Prepare monthly regulatory reports: Input data to Word and Excel templates creating monthly regulatory reports. These reports include California Department of Public Health Coliform and Surface Water reports, CDPH Fluoridation Reports, and Orange County Health Department S monthly reports. C Nitrification Analysis: Collect and analyze Nitrification samples (Nitrite nitrogen, ammonia, free and total chlorine,temperature and pH). Sites include the City's reservoirs and Metropolitan Water District connections into the City's distribution system. E S t f i E }}t t EXHIBIT A k i F Bi-Monthly Activities • Instrument Calibration: Perform testing and calibration on chlorine residual test equipment. This maintains equipment operation within factory specifications(performed last week of every other month). Quarterly Activities • Disinfection Byproduct Report: Input data into Word and Excel templates to create regulatory reports for Disinfection Byproducts monitoring. This is used for CDPH Quarterly DBP Report,and Metropolitan Water District Quarterly DBP Report. f. Annual Activities • Consumer Confidence Report: Assist the Water Quality Coordinator with preparing the annual Consumer Confidence Report. This is a mandated report sent to all residents. Tasks include: inputting data into template tables,performing data calculations,preparing language text, meeting with consultants and making sure our report adheres to CDPH regulations r • Utilities Division Annual Report: Use Word and Excel templates to create the following regulatory annual reports: CDPH Annual Fluoride Report, Annual Water System Report to CDPH, i and Year End Summary Report to Utilities Mgmt. E Tri-Annual Activities • Assist WQ Coordinator in preparing tri-annual reports, including: Lead& Copper d Monitoring Report and Public Health Goals Report. { I i F EXHIBIT A i As-Needed Activities • Input documentation resulting from investigation regarding water quality complaints from residents. Averages 6— 12 per month. • Perform flow calculations and data input from hydrant flushing into Excel. This tracks water used during hydrant flushing as part of our Hydrant Flushing Program. This includes information resulting from water quality complaints, repairs, and new construction. Approximately 80 per month. • Perform follow-up chlorine residual monitoring on bacteriological sample points when low chlorine residuals are present. i i i i i i i 4 i 4 P i j EXHIBIT A I i EXHIBIT "B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Hourly rate is$60.00 which escalates at 3%annually. B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. i 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this f. Agreement; and E) For all payments include an estimate of the percentage of work completed. j 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. i 1 Exhibit B E 1 i 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 1 i i i I. t i i i t E f 3 9 i i i Q' i• 1 E i. l 2 E Exhibit B 4 r I 4 i. i s its INSURANCE AND INDEMNIFICATION WAIVER Hurz,+ 1&ac, MODIFICATION REQUEST .q,, 1. Requested by- Public Works Utilities Division 2. Date- 10/4/12 3. Name of contractor/permittee: Richard Brady & Associates 4. Description of work to be performed- water quality and water conservationn program services (2 contracts) 5. Value and length of contract- 3 years, water quality $59,346/yr, water consv. $116,218/yr. 6. Waiver/modification request: allow $25,000 deductible 7. Reason for request and why it should be granted: The cost to lower the contractor's deductlible would be passed on to the City. Services to be performed are low risk (water quality reporting and water conservation program assistance). 8. Identify the risks to the City in approving this waiver/modification: none noted 10/4/12 Departmed Head Signature Date: APPROVALS Approvals must be obtained in the order listed on.this form: Two approvals are required for a request to be granted .Approval fro the City Administrator's Office is only required if Risk Management and tA City Attorney's Office disagree.--1 Rk, 1. Risk Management /_ r Approved ❑ Denie Signature Date 2. City Attorney's Office pproved ❑ Denied Signatu a Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorneys;Office.along°with the contract for approval. Once 6 ontract has been approved, thi's'form is to be filed with the Risk Management Division of Human'Resources Insurance Waiver Form Brady 10/4/2012 7:08:00 AM ___10110N RICHBRA-02 ROSEM 14C4C>R"_ DATE(MWDDIYYYY): CERTIFICATE OF LIABILITY INSURANCE 9/2712012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OE67768 NAME:CT Ali Smith IOA Insurance Services-SD ?HCONN E :(619)574-6220 ,vc No):(619)574-6288 4350 La Jolla Village Drive;Suite 900 IL San Diego,CA 92122 n DRESS:ali.smith@ioausa.com INSURER(S)AFFORDING COVERAGE NAIL* INSURER A:Endurance American Specialty InsuranceCompany 41718 INSURED INSURER B:Property&Casualty Insurance Co of Hartford 34690 Richard Brady&Associates INSURERC;Fireman's Fund Insurance Company of HI 39500 RBKA,LLC 3710 Ruffin Road INSURERD: San.Diego,CA 92123 wSIIRERE INSURER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) XP(MMIDDI EYYY) -LIMITS- GENERAL LIABILITY EACH:OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY ECC101.007316103 5/12/2012 5/12/2013 - �� 1,000,000 -PREMISES(Ea occurrence]_ $ CLAIMS-MADE I OCCUR MED EXP(any one person) $ 5,000 PERSONAL&ADV IN URY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE L IMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X .RCTPR —1 LOC $ AUTOMOBILE LIABILITY OMBINED SINGLE LIMI 1,000 OOO (Ea accidem) $ _ B _X1 ANY AUTO 72UECVZ6574 5/12/2012 5/1212013 BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NOWOVSNED PROPERTY" MA $ HIREDAUTOS AUTOS (Peraccident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 4,0100,000 A X EXCESS LIAB HCLAIMS-MADE EXS10100736203 5/12/2012 5/12/2013 AGGREGATE $ 4,000,000 DED I X I RETENTION$ $ wbRKERS COMPENSATION X WC STATU- H- AND EMPLOYERS'LIABILITY OT TORY LIMITS ER _ C ANY PRO PRIETORIPARTNERIEXECUTIVEYIN C81003196 5112/2012- 5/12/2013- _E.L..EACH ACCIDENT $ 1,000,000 OFFICERIMEMBEREXCLUDED? ❑ N1A (Mandatory in NH) E.L.DISEASE-EA-EMPLOYEE $ 1,000,000 If yes,downbe under 1.000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Prof Liab/Clms Made ECC10100736103 5/12/2012 5/12/2013 Per Claim 2,000,000 A Ded.:$25K Per Claim ECC10100736103 5/12/2012 511212013. Aggregate 4,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS_I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,W more space is required) Re:All Operations Proof of Insurance 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brian Ragland, Utilities Manager —r" l I 2000 Main Street I " Huntin ton Beach CA 92648 t O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD r CITY OF HUNTINGTON BEACH 1� Professional Service Approval Fora PART I Date: 6/14/2012 Project Manager Name: Jay Kleinheinz Requested by Name if different from Project Manager: Chris Davis Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT-AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Support for water quality testing and administration to meet state and federal health guidelines. 2) Estimated cost of the services being sought: $ 75,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)— Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No Fiscal S vices Manager Signature Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits)where funds are budgeted (Please note that a budget check will occur at the object code level): 50685802.69365 $ 75,000.00 udget Approval Date f/ artMentpead Signature(s) Date 7 2 Dire r of nce's Signature Date Zs � Deputy dty Manager's Signature D to APPROVED, E IED ❑ J/b#�anager's Signature Date r CITY F HUNTIN TN BEACH Professional Service Approval Form PART 11 Date: 9/19/2012 Project Manager: Ken Dills Requested by Name if different from Project Manager: Chris Davis Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Richard Brady & Assosciates. 2) Contract Number: PWK ter (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 59,346 per annum over 3 years 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ® NodF�: % i,y,91 P e r ei n Al(. m 6) Is this contract over $100,000? ® Yes ® No pc-A a^n um (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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Budget proval nature Dat % � 1 2�2 irector of Finance (or designee) Signature Date PUBLIC WORKS Water Quality Support Weight.Factor Jay K. Derek S. Kevin J. Chris D. AVG Total Total Rank Scores Weighted Scores I f I I I I 5 Compliance with RFP Requirements Richard Brady&Associates 5 5 5 3 1 4.500 18.00�1 90.00 Stetson 4 4 5 3 4.000 16.0011 80.00 Telluris,Inc. 3 I 3 3 2 2.750 11.00, 55.00 Environ Startegy Consultants 2 5 5 3 3.750 1 15.00!i 75.00 I 10 Understanding of the Project Richard Brad &Associates 5 5 4 5 4.750 19.001, 190.00 Stetson 2 4 5 3 j 3.500 14.00� 140.00 , _ Telluris,Inc. j 2 2 4 3 2.750 11.00'I 110.00 Environ Startegy Consultants 2 4 5 4 3.750 15.00, 150.00 i 25 Proposed Methodology Richard Brady&Associates j 5 5 4 5 4.750 19.00I 475.00 Stetson 3 3 5 3 3.500 14.00j 350.00 Telluris,Inc. 3 � 2 3 2.5 2.625 1 10.501 262.50 Environ Startegy Consultants 2 4 4 3 3.250 13.00'I 325.00 Qualifications and Experience of Firm and key employees. Firm: Recent experience in conducting similar scope,complexity,and magnitude for other public agencies. Assigned Staff:Educational background,work experience,and 25 directly related consulting experiences. Richard Brady&Associates 5 1 4 4 1 5 4.500 18.00, 450.00 Stetson 3 5 5 3 4.000 16.001 400.00 !, Telluris,Inc. 1 2 3 2 2.000 8.001 200.00 Environ Startegy Consultants 2 3 5 4 3.500 14.001 350.00 ' 25 Price Richard Brady&Associates 4 5 4 5 4.500 11 18.001 450.00 j Stetson 1 2 2 2 1.750 j 7.0011 175.00 Telluris,Inc. 2 2 3 2 2.250 9.0011 225.00 Environ Startegy Consultants 2 4 J 4 2 3.000 12.001, 300.00 5 Local Vendor Preference) Richard Brady&Associates 5 j 5 5 5 5.000 ! 20.001i 100.00 Stetson 0 0 0 0 0.000 0.00I - Telluris,Inc. 5 5 5 5 5.000 20.00I 100.00 Environ Startegy Consultants 0 1 0 0 0 0.000 0.001 - 5 References Richard Brady&Associates 5 5 4 3 4.250 17.00'I 85.00 Stetson 3 4 5 3 j 3.750 15.00!I 75.00 Telluris,Inc. 2 2 4 2 2.500 ; 10.00I 50.00 Environ Startegy Consultants 3 3 5 3 3.500 1 14.00� 70.00 100 ,Jay K. Derek S. Kevin J., Chris D. AVG Total Total Rank i Scores Weighted Scores Richard Brady&Associates 475.00 i 475.00 410.00 1 480.00 1 460.000 129.00 1,840.00 1 Stetson 230.00 330.00 400.00 1 260.00 1 305.000 82.001 1,220.00 Telluris,Inc. 220.00 220.00 325.00 11 237.50 250.625 79.50 1,002.50 I 4 Environ Startegy Consultants 195.00 1 355.00 425.00 295.00 317.500 83.00 ! 1,270.00 1 2 1 of 1 ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RICHARD BRADY&ASSOCIATES FOR SUPPORT FOR WATER CONSERVATION ACTIVITIES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance.............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent.....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RICHARD BRADY&ASSOCIATES FOR SUPPORT FOR WATER CONSERVATION ACTIVITIES 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 Richard Brady& Associates, a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide support for water conservation activities; 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 DF 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 Howard Johnson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfneUprofessional svcs mayor I Of 11 12/07 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 October 16 9 20 12 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event, the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed one hundred sixteen thousand two hundred eighteen Dollars ($116,218.00)./year. 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 agree/surfnet/professional svcs mayor 2 of 11 12/07 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." 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 agree/surfnet/professional sves mayor 3 of 11 12/07 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 ($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 agree/surfneUprofessional sves mayor 4 of 11 12/07 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: 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. agree/surfneUprofessional svcs mayor 5 of 11 12/07 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. 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. agree/surfnet/professional sves mayor 6 of It 12/07 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 I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Howard Johnson ATTN: Chris Davis Richard Brady&Associates 2000 Main Street 17011 Beach Boulevard, Suite 900 Huntington Beach, CA 92648 Huntington Beach, CA 92647 (714) 375-6642 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. agree/surfneUprofessional sves mayor 7 of 11 12/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree/surfnet/professional sves mayor 8 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, 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. agree/surfneUprofessional svcs mayor 9 Of I I l2/07 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. CONSULTANT'S initials 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 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 agree/surfnet/professional svcs mayor 10 of 11 12/07 THIS PAGE NOT USED AGREEMENT CONTINUES ON PAGE 12 agree/surfnedprofessiona(sves mayor 11 of 11 12/07 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a Richard Brady&Associates municipal corporation of the State of COMPANY NAME California Mayor By: Richard Brad__y I --.- 4&j print name L#ty Clerk t�r�IYV ITS: (circle one)Chainn �reside:n ice President INITIATED AND AP ROV D: AND /,� By: f fl Crystal Kolland Public works Director print name ITS: (circle one)Secretar Chief Financial Officer/ sst. Secretary-Treasurer REVIE D APPROVED: it Manager APPROVED AS TO FORM: Ci Attorney agree/surfnet/professional svcs mayor 12 12/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant will operate out of an office space on site and will interact directly and daily with the Water Conservation Coordinator and Utilities Division staff. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Assist in compiling and maintaining water conservation program data, in particular for . evaluating compliance with California Urban Water Conservation Council Best Management Practices. 2. Assist with public outreach for water conservation programs and awareness. Provide information to the public on water efficiency, specific programs and general water conservation practices. 3. Develop and design flyers and other promotional marketing materials. 4. Write and publish quarterly Huntington Beach Water Newsletter(print, digital and e-bill) 5. Assist with Water Conservation Programs including Turf Removal Program and Rain Barrel Program. 6. Analyze water conservation data. 7. Address residents/customer inquiries and comments. 8. Collaborate with staff from regional water agencies on various programs. C. CITY'S DUTIES AND RESPONSIBILITIES: Utilities Manager and Water Conservation Coordinator to provide daily communication and direction to consultant. EXHIBIT A D. WORK PROGRAM/PROJECT SCHEDULE: Assignment is driven by day to day tasks and activities supporting ongoing water conservation efforts with no project end date. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Hourly rate is $60.00 which escalates at 3% annually. B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. I Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY 0FBDNTINGTON BEACH AND }0CBA0D BRADY 8sASSOCIATES FOR SUPPORT FOR WATER CONSERVATION ACTIVITIES Table wfContents l Scope w[Services l ---------..-------.------.-----------' 2 City Staff Assistance................................................................................................/ 3 Term;Time wf Performance.....................................................................................z 4 Compensation ---.--._--_-...------_-'_-----.—.-----.—_--,2 5 Extra Work...............................................................................................................2 6 Method of Payment--------.—.----.-..-.---.—.—.—.--.—.--------..'3 ? Disposition wf Plans,Estimates and Other Documents........................................... 0 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance....................................................-----.----.4 lO Certificate wf Insurance............................................................................................5 I Independent Contractor............................................................................................ 12 Termination wf Agreement.......................................................................................5 13 Assignment and Delegation.._----..--..'--_--.—.--.--.-.--_.--'-o 14 .Co yrights/Patents ..................................................................................................7 15 City Employees and Officials..................................................................................? 16 Notices........................................................................................./ l? Consent....................................................................................................................0 10 Mb>difioution.............................................................................................................m 19 Section Headings ......................................................................................... ...........0� 20 Interpretation of this Agreement.—.-----------.~~.---..~—.—..---m 21 Duplicate Original....................................................................................................9 22 Immigration---.—.---.—._--____.__~__..'._______________9 23 Legal 8urviuun8 Prohibited................................................................ 24 Fees..........................................................................................................lO 25 Survival.....................................................................................................................lO lO 26 Lavv---------'----_--________,,__._.________ 27 8 —._-__--.—'-----..----------'-------'—_--.—'--'lO 20 Entirety.....-..._..—...-.-_,..—.—,,.,.......~-.^..—......`.—.-...--.lO 29 Effective Date..................................................................................ll � | �� RICH13RA-02 ROSERII DATE(MMJDDtYYYY) CERTIFICATE OF LIABILITY INSURANCE 912712012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA71ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ACT PRODUCER License#OE67768 NAME: Ali Smith IOA Insurance Services-SD PHONErc E :(619)574-6220 �c No:(619)574-6288 4350 La Jolla Village Drive;Suite 900 E MAIL San Diego,CA 92122 AODREss:ali.smith@ioausa.com INSURER(S)AFFORDING COVERAGE NAIC# .INSURER A:Endurance American Specialty-Insurance'CompanY 41718 INSURED INSURER B:Property&Casualty.Insurance.Co of Hartford 34690 Richard Brady&Associates INSURER C:Fireman's Fund Insurance Company of HI 39500 RSKA,LLC 3710 Ruffin Road INSLIRERD- San Diego,CA 92123 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR EXP TYPE OF INSURANCE INSR WVD POLICY NUMBER -POLICY MIDOLIO LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY ECC10100736103 5/12/2012 5/12/2013 PREMISES-Ea occurrence $ 1,000,000 CLAIMS-MADE ®OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERALAGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER`. PRODUCTS-COMP/OPAGG $ 4,000,00 POLICY X ACT LOC $ AUTOMOBILE LIABILITY (Ea accident) N L M - $ 1,000,000 B X ANY AUTO 72UECVZ6574 5/12/2012 5/1212013 BODILY IN URY(Per person) $ ALL Or SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - PROPERTY DAMAGE HIREDAUTOS AUTOS ED (Per accident - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LIAB HCLAIMS-MADE EXS10100736203 5/12/2012 5/12/2013 AGGREGATE $ 4,000,000 DED X RETENTION$ $ WORKERS COMPENSATION X 1NC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS. ER C ANY PROPRIETORIPARTNEPJEXECUTIVEY/N C81003196 511212012- 5N212013 E.L..EACHACCIDENT $ .1,000,000 OFRCERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L..DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT- $ A Prof LiablCims Made ECC10100736103 5/1212012 5/12/2013 Per Claim 2,000,00 A Ded.:$25K Per Claim ECC10100736103 5/12/2012 5/12/2013 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:All Operations Proof of Insurance 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance With the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brian Ragland, Utilities Manager 2000 Main Street Huntington Beach CA 92648 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010J05) The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH Professional Service Approval Form PART Date: 6/14/2012 Project Manager Name: Bill Crisp Requested by Name if different from Project Manager: Chris Davis Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Continued support for water conservation activities 2) Estimated cost of the services being sought: $ 90,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: Note, ontract to begin on or after October 1, 2012 4) Check below how the services will be obtained: C1 C--t 5 6,Amy ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)— Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08— Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No (:f� -—0 ,- Iy-�.�� z Fiscal ServicesM`an' r&6nlature Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): 50685806.69450 $ 90,000.00 '� $ Bu Approval Date Depa t Head Sig na ure(s) Date 6/7 y7l ZDir c or f F nance's nature 6 zf )7 Deputy ity Manager's Signature Dat APPROVED IED ❑ .Z-I2- - i Manager's Signature Date "-� CITE OF HUNTINTN BEACH Professional Service Approval Form PART 11 Date: 9/19/2012 Project Manager: Ken Dills Requested by Name if different from Project Manager: Chris Davis Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Richard Brady & Assosciates 2) Contract Number: PWK O L " 0 Z l ` " (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 116,218 per annum over 3 years 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) 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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. a , c - - qkv bc- Budge Approv Signatu Date NA^- /0 2 Director of Finance (or designee) Signature bat6 PUBLIC WORKS Water Conservation Activities Support Weight Factor Jay K. Brian R. Hayden B. Chris D. AVG Total Total Rank Scores Weighted Scores i I i I I I 5 Compliance with RFP Requirements Richard Brady&Associates 5 4 ! 4 j 3 4.000 16-00, 80.00 Innovare Environmental 4 3 5 2 3.500 14.00� 70.00 ,I Environ Startegy Consultants 3 3 3 2 j 2.750 j 11.0011 55.00 j I _ 10 Understanding of the Project Richard Brady&Associates 5 5 4 5 4.750 1 19.00; 190.00 j Innovare Environmental 5 3 5 2.5 3.875 1 15.50I 155.00 Environ Startegy Consultants 3 1 3 2 2.250 9.001 90.00 i 25 Proposed Methodology Richard Brady&Associates 5 4 4 5 4.500 1&001 450.00 Innovare Environmental 5 4 ! 5 3 4.250 17.00I 425.00 Environ Startegy Consultants 2 1 2 _ 1.5 1.625 _ 6.50 162.50 !, Qualifications and Experience of Firm and key employees. Firm: Recent experience in conducting similar scope,complexity,and magnitude for other public agencies. Assigned Staff: Educational background,work experience,and 25 directly related consulting experiences. Richard Brady&Associates 5 4 _ 4 5 4.500 18.06 450.00 _ Innovare Environmental 5 3 4 4 4.000 16.00: 400.00 Environ Startegy Consultants 3 1 3 2 2.250 9.00,, 225.00 25 Price Richard Brady&Associates 4 4 5 5 4.500- 18.001 450.00 j Innovare Environmental 4 3 4 4 3.750 ! 15.0011 375.00 Environ Startegy Consultants 2 2 3 1.5 2.125 8.50' 212.50 5 Local Vendor Preference Richard Brady&Associates 5 5 5 5 5.000 1 20.00I 100.00 Innovare Environmental 0 0 0 0 0.000 ! O.00 Environ Startegy Consultants 0 0 0 0 ! 0.000 0.001 i I i 5 References Richard Brady&Associates j 5 j 4 5 3 j 4.250 17.001 85.00 Innovare Environmental 5 4 -5 4 ; 4.500 18.00j 90.00 j Environ Startegy Consultants 3 2 4 2.5 2.875 11.50'11 57.50 100 Jay K. Brian R. Hayden B. Chris D. AVG Total Total. Rank Scores Weighted Scores Richard Brady&Associates 475.00 415.00 1 435.00 480.00 451.250 126.00 1805.00 1 Innovare Environmental 1 445.00 315.00 425.00 330.00 378.750 95.50 1:515.00 ! 2 Environ Startegy Consultants 1 235.00 135.00 265.00 167.50 200.625 j 55.50 802.50 3 1 of 1 CIt3' ®f Huntington Beach. z tt E i 200o Main Street ♦ Huntington Beach, CA 9264 (714) 536-5227 ® www.huntingtonbeachca.gov ob` ' Office ®f the City Clerk fB ii aeo9 ® Joan L. Flynn, City Clerk B October 17, 2012 Howard Johnson Richard Brady & Associates 17011 Beach Blvd., Ste. 900 Huntington Beach, CA 92647 Dear Mr. Johnson: Enclosed for your records is a duplicate original of theca"Professional Associates for Support for Between the City of Huntington Beach and Richard Brady Water Conservation Activities" and, the "Professional Se us C foaWct Be ween'i y Testing the City of Huntington Beach and Richard Brady &Associates forpp and Administration." Sincerely, j 0j, L. Flynn, CMC City Clerk JF:pe Enclosure G:f0ll0wup:a9nntltr Sister Cities: Anjo, Japan 0 Waitakere,New Zealand