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
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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.
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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
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In the event CITY requires additional services not included in Exhibit"A" or
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changes in the scope of services described in Exhibit "A," CONSULTANT will undertake
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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
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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
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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
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counsel. This indemnity shall apply to all claims and liability regardless of whether any I
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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.
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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
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with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
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required by this section or fails or refuses to furnish the CITY with required proof that
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insurance has been procured and is in force and paid for,the CITY shall have the right, at the fi.
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CITY's election, to forthwith terminate this Agreement. Such termination shall not effect !
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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
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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
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Agreement as an independent contractor herein and not as an employee of CITY.
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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
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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 .:
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material produced as a result of this Agreement.
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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:
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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
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any subsequent occurrence of the same or any other transaction or event.
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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
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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
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shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
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its attorney's fees from the nonprevailing party.
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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
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Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
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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
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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
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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
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Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
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AGREEMENT CONTINUES ON PAGE 12
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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:
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_---APPROVED AS TO FORM:
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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:
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Daily Activities
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C Lab Documentation: Enter Chain of custody data into Excel worksheets. This includes lab
results, and original records. Typically 100-150 entries per month.
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EXHIBIT A
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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
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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.
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EXHIBIT A
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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.
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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,
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and Year End Summary Report to Utilities Mgmt.
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Tri-Annual Activities
• Assist WQ Coordinator in preparing tri-annual reports, including: Lead& Copper
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Monitoring Report and Public Health Goals Report. {
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EXHIBIT A
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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.
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EXHIBIT A
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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.
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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.
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Exhibit B
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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.
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Exhibit B 4
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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12/07
THIS PAGE NOT USED
AGREEMENT CONTINUES ON PAGE 12
agree/surfnedprofessiona(sves mayor 11 of 11
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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
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Sister Cities: Anjo, Japan 0 Waitakere,New Zealand