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SOCAL WALDEN, INC./WALDEN INC. - 2005-09-02
cm PROFESSIONAL SERVICES CONTRACT BETWEEN 4 _ C:' THE CITY OF HUNTINGTON BEACH AND WALDEN &ASSOCIATES . CA FOR ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and betwn the Zy of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and SOCAL Walden, Inc., dba Walden & Associates a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant for a civil engineering services on an "as needed basis for projects to be determined during the term of the Agreement, in the City of Huntington Beach; 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 Scope of Services, Exhibit "A," dated September 2, 2005, 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 David L. Bacon who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence upon Notice to Proceed from the City (the "Commencement Date"). This Agreement 05agree/walden I shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated 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 the Standard Fee Schedule, Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ten Thousand Dollars ($10,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 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 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 05agree/walden 2 misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation in excess of$25,000, on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' 05agree/walden 3 prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 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. 05agree/walden 4 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 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 SOCAL Walden, Inc. ATTN: Director of Economic Development Dba Walden& Associates 2000 Main Street 2552 White Road, Suite B Huntington Beach, CA 92648 Irvine, CA 92614 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are 05agree/walden 5 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 g dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to 05agree/walden 6 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. 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. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on :5e 28 , 2005. 05agree/walden 7 CONSULTANT, CITY OF HUNTINGTON BEACH, SOCAL Walden, Inc., dba Walden& a municipal orporation of the State of California Associates By: ��. Director of conomic Development David L. B n. President AND APP VED AS TO FORM: By. City Attoidey A JOIAO S avid W, Couch, Chief Financial Officer REVIEWED AND APPROVED: 6ty Mministrator (only for eontracts k50,000.00 and over) 05agree/walden 8 Exhibit "A" Scope of Services September 20, 2005 Provide an allowance for preliminary engineering services for both Wardlow and Lamb Elementary Schools in the City of Huntington Beach. As it is uncertain at this time as to the extent of the services to be requested, all work will be done on a time and materials basis and billed per the attached Standard Fee Schedule. These services will include but are not limited to the following: • Review the City provided Title Reports, record documents and reference plans for each of the two sites. • Prepare legal descriptions and accompanying sketches for the portion of the sites that the City is planning on purchasing from the Fountain Valley School District. The City shall provide the location of the new desired property line. • Prepare legal descriptions and accompanying sketches for the remainder portion of the sites to be held by the Fountain Valley School District based on the property line defined above. • If required,provide a boundary survey of each of the sites. • Field stake the proposed new property line to identify the property to be purchased by the City. • Provide for meetings, coordination and consultation to the City on an as needed basis for work associated with these sites. The intent of this contract is not to prepare preliminary or final design for either of the sites at this time. If additional work outside the above scope is requested for these sites we will prepare a change order to this contract with a better defined scope of work. Prior to beginning work on these sites the City shall provide us with a Title Report defining the overall school properties and associated record documents, the City's GIS aerial photo/topo digital data, reference plans and maps for each of the two sites. In addition the City will provide definition of the portion of the property to be purchased and included in the legal descriptions. Exhibit "B" Standard Fee Schedule The following fees are effective through July 31, 2006. $160.00/hr. for Principal $135.00/hr. for Project Manager $120.00/hr. for Project Engineer $105.00/hr. for Design Engineer/Land Surveyor $95.00/hr. for Engineer/Land Surveyor $85.00/hr. for Assistant Engineer/Designer/Land Surveyor $80.00/hr. for Cad Draftsman $50.00/hr. for Clerical $170.00/hr. for 2-man Survey Crew $205.00/hr. for 3-man Survey Crew $250.00/hr Expert Witness Deposition and Trial Testimony C1JW' OP ID L DATE(MM/DD/YYYY) 0kj-- `. CERTIFICATE OF LIABILITY INSURANCE �`�" WALD-01 09 19 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 800 Market St, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101-2500 Phone: 800-338-1391 Fax:888-621-3173 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Insurance Company 22357 INSURER B: Walden & Associates INSURERC: 2552 White Road, Ste. B INSURERD: Irvine CA 92614 INSURER E COVERAGES 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 CONTRACT OR 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISRLTR NSR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YCY EFFECTIVE POLICY MM/DD/YY TI N LIMITS GENERAL LIABILITY EACH OCCURRENCE $2 0 0 0 0 0 0 A X COMMERCIAL GENERAL LIABILITY 8 4 SBWKS2 4 8 3 11/01/0 5 11101106 PREMISES(Ea occarence) $2 0 0 0 0 0 0 CLAIMS MADE "il OCCUR MED EXP(Any one person) $ 10 0 0 0 X SEVERABILITY/INT. PERSONAL&ADV INJURY $2000000 X CONTRACTUAL LIAB. GENERAL AGGREGATE $4 0 0 0 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4 0 0 0 0 0 0 POLICY X PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $10 0 0 0 0 0 A ANYAUTO 84SBWEU4161 11/01/05 11/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS - BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY e�] AUTO ONLY-EA ACCIDENT $ ANY AUTO —s A OTHER THAN EA ACC $ S AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY }y EACH OCCURRENCE $ OCCUR CLAIMS MADE AG�T� AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY EACH ACCIDENT ER E.L.EACH ACCIDENT ! $ ANY PROPRIETOR/PARTNER/EXECUTIVE -- -- — OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (ON CALL SERVICES) THE CITY OF HUNTINGTON BEACH, IT`S AGENTS, OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED. SEE CG2010 ATTACHED. X CLAUSE CERTIFICATE HOLDER CANCELLATION CTYHUNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL&4QfiAVQ&. 0 MAIL 3 0 DAYS WRITTEN CITY OF HUNTINGTON BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, fax 714-536-5212 ATT: CHRIS MENDOZA 2000 MAIN STREET HUNTINGTON BEACH CA 92648 AUTHORIZED RE R �Q ACORD 25(2001/08) ©ACORD CORPORATION 1988 POLICY NUMBER: 84SBWKS2483 COMMERCIAL GENERAL LIABILITY Walden&Associates ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(FORM B) TNs endorsement modifies insurance promded under the folloWng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH,ITS AGENTS,OFFICERS,AND EMPLOYEES. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement-) WHO IS AN INSURED(Section 11)is amended to include the person or organization shown in the Schedule,but only with respect to liability arising out of your work performed for that insured. CG 20 101185 Copyright Insurance Services Office, Inc.,1984 ❑ California License No.0437153 A ` -,. ,CERTIFICATE OF LIABILITY INSURANCE 09A7/200' PRODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California DOI #0437762 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19000 MacArthur Blvd. , PH Flr Irvine, CA 92612-1447 INSURERS AFFORDING COVERAGE NAIC# INSURED Orange County Walden, Inc. INSURER& St. Paul Protective Ins. Co. SOCAL Walden, Inc. INSURERB: (c/o St. Paul Travelers, MN) DBA: Walden & Associates INSURERC: 2552 White Road, Suite 'B INSURERD: Irvine, CA 92614-6236 INSURERE: COVERAGES 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 CONTRACT OR 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD`L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS NqRrGENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE a OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- AUTOMOBILE JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS -- BODILY INJURY $ NON-OWNED AUTOS (Per accident) TO f?ow PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY C AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND BW02147794 09/01/2005 09/Oi/2006 X we STATIT OTH- EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 OTHER 10 day notice applies to non-payment and/or non-reporting DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL K&)M6 MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Chris Mendoza i( ( f4Ii7�X��fXX 2000 Main Street KKAroK'1@b?MNK NNKKd6VXXs�X-X-X�XXXXX Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Alicia I ram/MICHMA ACORD 26(2001/08) OACORD CORPORATION 1988 r _ F Y3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Esparza, Patty From: Suraci, Linda Sent: Monday, October 10,2005 10:11 AM To: Esparza, Patty Subject: FW: Summary of the evaluation process to choose firms to interview for the As Need Civil Engineering Services 2005 Hi Patty, Here is the response from Public Works for the list they distributed for the "as-needed" civil engineering services that we granted to Walden &Associates for Lamb and Wardlow school sites. Please let me know if you need anything further for your files...Linda The following firms were invited to submit proposals for the 2005 As Needed Civil Engineering Services. Austin-Foust Associates, Inc. FPL and Associates, Inc. Albert Grover&Associates Kimley-Horn and Associates, Inc. Linscott Law & Greenspan, Willdan Van Dell and Associates Carollo Engineers Daniel Boyle Engineering W.G. Zimmerman Enginecering AKM Consulting Engineers Richard Brady and Associates Harris &Associates Walden & Associates RKA Civil Engineers, Inc KFM Engineering, Inc. KEC Engineering, Inc. DMC Engineering Huitt-Zollars, Inc. Dudek&Associates, Inc. APA Engineering, Inc. Boyle Engineering Corp. Berryman&Henigar All firms responded to the RFP and submitted a proposal, except Linscott Law& Greenspan. The proposals for the As Needed Civil RFP were evaluated and ranked to determine the top firms with respect to the following engineering disciplines: Traffic Engineering,Construction Management(CM),Water Wastewater and Storm Water Design (Water), and General Civil. The following people evaluated these firms; Eric Charlonne,Duane Wentworth,Duncan Lee, Andrew Ferrigno, Todd Broussard, and Bob Stachelski. There were seven firms that all managed to rank toward the top of the list for CM,Water and General Civil. Three of these firms are existing As Needed Civil Firms, AKM, Harris, and Richard Brady. Because of the City's familiarity with these firms it was deemed unnecessary to interview these firms. The following four firms were selected to be interviewed, and the interview team will consist of the following City Staff: • Carollo, Interviewed by Charlonne,Broussard, and Ferrigno Interview Date July 5,2005 • Boyle, Interviewed by Charlonne, Broussard,Ferrigno, and Stachelski Interview Date July 7,2005 • Dudek, Interviewed by Charlonne,Broussard, and Ferrigno Interview Date July 5,2005 • Huitt-Zollars, Interviewed by Charlonne,Broussard,Ferrigno,and Stachelski Interview Date July 7,2005 The general strategy is to select the top 6 Firms for a$2-Million As Needed Contract. The Traffic Group's list of top ranked firms was substantially different from the top seven firms listed by CM, Water, and General. Bob Stachelski was interested in interviewing Huitt Zollars, and Boyle, and will also conduct interviews of other firms to select firms for As Needed Traffic Engineering. Andrew Ferrigno, P.E. City of Huntington Beach 714-536-5291 z