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HomeMy WebLinkAboutTetra Tech Inc. - 2008-03-03 Council/Agency Meeting Held: Deferred/Continued to: A Ap roved ❑ Conditional) Approved ❑ Denied ity rk' ignat T Council Meeting Date: 3/3/3008 Department ID Number: PW 08-10 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNiBLIC AMEMBSUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINIS PREPARED BY: TRAVIS HOPKINS, PE, DIRECTOR OF WORK SUBJECT: Approve Professional Services Contract Between the City of Huntington Beach and Tetra Tech Inc., for Development Processing and Related Engineering Services Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Public Works Department requires contract support services to perform development processing functions. Tetra Tech Inc. has been selected to provide these services. A multi-year contract for as-needed staffing, with a not-to-exceed limit of $500,000,is proposed. Funding Source: Sufficient funds are available from the General Fund, Development Services, Professional Services, 10085251.69365. Funding in the amount of $150,000 was appropriated for Fiscal Year 2007/2008. Additional funding will be authorized as needed over the term of the contract. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Tetra Tech Inc. for on-call staff support and plan check services. Alternative Action(s): Do not approve the contract and provide necessary development services with existing staff. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/3/3008 DEPARTMENT ID NUMBER: PW 08-10 Analysis: Tetra Tech Inc. has been selected through the professional services proposal process to furnish plan checking and development processing services. This contract for outside staff support will assist the Public Works Department to provide timely and accurate development processing. In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from three firms;`Engineering Resources of California, Inc., Tetra Tech Inc., and Project Partners. Upon review, it was determined that Engineering Resources of California, Inc., and Tetra Tech Inc., could best meet the needs of the Public Works Department. City Council approved a contract with Engineering Resources of California, Inc. last fiscal year. Public Works Commission Action: Not required. Strategic Plan Goal: L-5 Improve the efficiency of the development review process. Environmental Status: Not applicable. Attachment(s): , o o e ® o s 1. Professional Services Contract between the City of Huntington Beach and Tetra Tech Inc., for On—call Staff Support and Plan Check Services. -2- 2/14/2008 4:08 PM ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TETRA TECH FOR ON-CALL STAFF SUPPORT AND PLAN CHECK SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and TETRA TECH, a Delaware corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call staff support and plan check services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. 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 Kekoa Anderson 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. 07-886/8417 l 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence upon final execution of this Agreement (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. 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 Five Hundred Thousand Dollars ($500,000.00). CITY and CONSULTANT agree to meet at least sixty (60) days prior to June 30 of each year of this Agreement to review the compensation as set forth herein. Upon mutual written consent of both parties, an annual adjustment to the fee schedule, either increase or decrease, not to exceed the Consumer Price Index for Los Angeles- Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area, may be made to reflect unanticipated cost fluctuations. 07-886/8417 2 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 (or alleged 07-886/8417 3 negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($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 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 07-886/8417 4 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. 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. 07-886/8417 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 07-886/9417 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15, CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. 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 Kekoa Anderson, ATTN: Director of Public Works Divisional Vice President 2000 Main Street TETRA TECH Huntington Beach, CA 92648 16241 Laguna Canyon Road, Ste. 200 Irvine, CA 92618 07-886/8417 7 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used i1i 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. 07-886/8417 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 07-886/8417 9 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that 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 07-886/8417 10 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 �q /Q C# 03 , 20OJ3. TETRA TECH IGS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: 4634n,4- print name Mayor ITS: (circle one)Chairman/Presiden ice Presiden C4&.j 'V�Jj...d AND Vity- Clerk 3 (a16) 107 By: , ` c-P h i VkA�yl INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer a-A-+v1D,(f-'v/ Director of Pu lic Works REVIEW APPROVED: City Adm/ istrator APPROVED AS TO FORM: (W1Zk Aets City tto-mey leo 07-886/8417 I I Tetra Tech, Inc. Signature App v Authority Matrix FYO8 �c e Contracts and ProjectOperations Fixed Price (10) $500K Cost Type Rate Caps $500K Cost Type with Not to Exceed $500K Fixed Unit Price $500K Time&Material $500K Time and Material with Not to Exceed $500K Cost Reimbursement $500K Guaranteed Fixed-Price Remediation(GFPR) --- Cart.of Cost/Pricing -- Advance Releases/Precontract Approval -- Project Write-off NR per project aggregated total (11) 20K -- Subconsultant Agreements $500K International Proposals/Contract Signing/Pricinc Decisions to provide Bids/Proposals ---- Approval of in-country representatives/partners -- OVERHEAD COSTSIEXPENSES Proposal/Bid Costs $5K Leases,Purchase Agreements&Capital Expenditures Real Property--Purchase or Lease Equipment/Supplies $250K Services(contracts and Purchase Orders) $250K Capital Expenditures $250K Financing Debt Investments --- Cash Mgmt.Accts. --- Imprest Accts. ---- Employment Employment Offers --- Options --- Bonus Distribution --- Terminations --- Bargaining Unit Agreement --- Affirmation Action Plans ---- Time Sheets --- Expense Reports--Overhead $250K Powers of Authority ---- Business Licenses State Licenses X Local Operational Permits X Patent Applications --- International permits ---- Taxes Federal --- State ---- City X International --- Legal Actions -- Joint Ventures --- Teaming Agreements (12: -- Insurance Programs -- Legal Entity Establishment --- Delegation Authority No (X)--Designates approval authority for project operations or Operating Units under direct or acting supervision of the position (----) No signature authority provided for the expense category and authority level. REVISED 09/07/07 Tetra Tech, Inc. Signature Approval Authority Matrix FY08 Notes: 1. Approval authorities provided in this table are applicable only if all company processes of contract and expenditure review have been followed. This includes evaluation of all opportunities for risk and legal concerns as required by Project Management SOP 1.1 and 2.1and company contract review policies. 2. This table of approval authorities is limited to the positions indicated in the matrix. Delegations of authority to the Operating Unit Leaders will be provided by the President or the Chief Operating Officer at one of the"Additional Signature Approval Authority Levels"in the matrix 3. Further delegations of authority below the Operating Unit Leaders must be in writing and cannot exceed the authority of the Operating Unit leader providing the delegation of authority. 4. Approval authorities will follow the supervisory chain of command. If higher authority is required,then the lower approval authorities must also sign certifying approval and compliance with company processes of expenditure and/or contract review. 5. Any expenditures that are not covered by this signature approval authority matrix shall follow the supervisory chain-of-command to reach a decision 6.Write-off approval authority is based on the Net Revenue of the project or Operating Unit-to-date 7. Any individual that approves time sheets for other employees certifies by their signature that they are personally aware of the work performed and the number of hours used to perform the work 8.Each Operating Unit Leader within Tetra Tech is assigned a level of authority by the Chief Operating Officer between 1 and 5 based upon Operating Unit revenue and past operating experience with write-offs and other operational problems. 9. Each Operating Unit Leader has authority to delegate signature approval authority to others in his/her Operating Unit up to his/her own level of authority 10.Tetra Tech contracting policy requires that all fixed price proposals/bids equal to or greater than$3M be reviewed and approved by the COO and President of Tetra Tech until further notice. 11. For purposes of signature approval authority,write-offs are defined as revenue that has been recognized(booked)and is then reduced via a write-off 12.All Teaming Agreements,when possible,should use the standard Tetra Tech teaming agreement form. If the Tetra Tech standard agreement is not used then the Corporate Legal Department must review and approve the Teaming Agreement. In no case should Tetra Tech or any Teaming partner be responsible for each other's employees,profits,liabilities,management, taxes,legal defense,consequential damages,proposa/bid costs,indemnification,or any other activity that might imply working relationships beyond a strict prime-sub relationship 13.Capital expenditures at the Operating Unit Level are limited to the total amounts approved in the annual operating plan. Capital expenses over that total amount must be approved by the COO or President of Tetra Tech. REVISED 09/07/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The Consultant shall provide qualified individuals to perform land development review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested. The City may, as deemed necessary, provide a furnished work area (including telephone, etc.) at City Hall. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Read,understand and evaluate geotechnical,hydrologic,hydraulic,traffic, drainage, legal survey, environmental and other related reports that pertain to the planning, design,review and construction of private and public infrastructure improvements. 2. Read,understand,implement and/or prepare"Conditions of Approval" or entitlement documents, EIR's and other reports as related to the planning, design, review and construction of private and public infrastructure improvements. 3. Perform plan checking, peer review,clerical and other duties as needed or requested. 4. Understand,prepare and review legal descriptions, survey and easement documents or maps as needed and requested. 5. Coordinate plan checking and development processing between various City sections and departments as requested. Tabulate comments and prepare City response letters to applicants, the public and with all utility agencies as required. 6. Calculate and check quantity estimates,fees,bonding amounts, shop drawings and design calculations as submitted with plans and applications. 7. Maintain all necessary documentations for funding agencies,monitoring agencies and compliance information as required, including final closeout documentation. S. Meet with developers, engineers,contractors,consultants, the general public and others as required to discuss, resolve or make recommendations concerning development, public right-of-way improvements,reports, processing requirements, entitlement issues, construction and related issues. 9. Provide additional backup services as needed or requested which will promote the expeditious and efficient processing and service goals of the City of Huntington Beach. 10. Read,understand and evaluate Landscape.Architectural plans,Arborist reports and recommendations,the Huntington Beach Zoning and Subdivision Ordinance,the Huntington Beach Municipal Code, Water Ordinance,irrigation plans,construction plans and planting plans as they relate to Conditions of Approval for private jmp/contracts group/exA/3/14/07 EXHIBIT "A" developments, and high quality construction techniques acceptable in the City of Huntington Beach. 11. Perform onsite reviews to determine design restrictions,parameters,provide entitlement reviews and provide Conditions of Approval for all projects relating to Landscape Architecture and also relating to tree growth impacts to infrastructure and private property improvements. Must have the knowledge,background and practical experience to be able to analyze and enforce CEQA and the City of Huntington Beach tree replacement requirements. 12. Inspect and enforce City Codes and the implementation of the City approved landscape plans to guarantee proper installation meeting the requirements of the approvals. C. CITY'S DITTIES AND RESPONSIBILITIES: 1. City of Huntington Beach shall process plans for plan checking. 2. City of Huntington Beach shall provide oversight for development projects. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined. jmp/contracts group/exA/3/14/07 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: Professional Survey/Mapping Engineering Intern/Technician/Assistant...$ 62.00 Survey Technician I...........................$ 106.00 Project Administrator.................................$ 85.00 Survey Technician II/Field Supervisor......$ 122.00 Designer/CAD Operator/Engineer I..........$ 115.00 Senior Surveyor.................................$ 139.00 Engineer 11 and III/Senior Designer ..........$ 122.00 Project Surveyor................................$ 161.00 Biologist.....................................................$ 122.00 Two-Person Survey Party..........................$228.00 Planner.......................................................$ 122.00 Two-Person Survey Party with GPS..........$272.00 Senior Engineer/Landscape Architect........$ 138.00 Three-Person Survey Party........................$317.00 Project Engineer/Project Coordinator........$ 155.00 Survey Travel Time(Two-person) ............$ 106.00 Senior Planner............................................$ 165.00 Survey Travel Time(Three-person)...........$ 151.00 Senior Scientist..........................................$ 165.00 Project Manager/Sr.Project Coordinator...$ 190.00 Senior Project Manager. ............................$250.00 Program Director/Project Director.............$265.00 Construction Management Administrative Construction Observer I.............................$ 94.00 Construction Observer II............................$ 103.00 Graphic Designer.......................................$ 112.00 Senior Construction Observer....................$ 125.00 Resident Engineer......................................$ 155.00 Construction Manager................................$ 175.00 Reimbursable In-House Costs Photo Copies(B&W 8.5"x11")...... $ 0.10/Each Compact Discs................................ $10.00/Each Photo Copies(B&W 11"x17")....... $ 0.40/Each Large Format Copies ..................... $0.40/S.F. Color Copies(up to 8.5"xI I")........ $ 2.00/Each Mileage........................................... $0.48/Mile Color Copies(to 11 fix 17").............. $ 3.00/Bach *current IRS POV Mileage Rate subject to change Computer Usage............................. $ 2.05/Hour Company Vehicles.......................... $8.00/Hour EXHIBIT B 1 All other direct costs, such as reproduction, special photography, postage, delivery services, overnight mail, out-of- area telephone calls,printing and any other services performed by subcontractor,will be billed at cost plus 15%. B. Travel 1. Charges for time during travel are not reimbursable 2. Automobile expenses are limited to the IRS standard business mileage rate of$0.445. C. Billino, 1. All billing shall be done monthly in one-tenth-hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 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 case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. The CITY expects that all attorneys will have a library, be it in book or electronic form. Consequently, the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw. 7. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. EXHIBIT B 2 8. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 9. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 10. 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. 11. 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. EXHIBIT B 3 City of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 • OFFICE OF THE CITY CLERK r ";' ~ • JOAN L. FLYNN CITY CLERK March 4, 2008 Tetra Tech Kekoa Anderson, Divisional Vice President 16241 Laguna Canyon Road, Ste. 200 Irvine, CA 92618 Dear Ms. Anderson: Enclosed for your records is a copy of Professional Services Contract Between the City of Huntington Beach and Tetra Tech for On-Call Staff Support and Plan Check Services. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) sU INSURANCE AND INDEMNIFICATION WAIVER Numn Bench MODIFICATION REQUEST 1 , Requested by: Risk Management 2. Date: January 14, 2008 3. Name of contractor/permittee: Tetra Tech Inc. 4. Description of work to be performed: On call professional engineering staff support services including plan check. 5. Value and length of contract: 3 years from execution of contract for $500,000 6. Waiver/modification request: $75,000 Professional Liability Deductible 7. Reason for request and why it should be granted: Unable to comply with zero deductible 8. Identify the risks to the City in approving this waiver/modification: See Attached Financial information DepUrtment 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 frpm the City Administrator's Office is only required if Risk Management and the City Attorney' Office disagree. 1. �ik Management Approved ❑ Denied Signature Date 2. City Attorney's Office b G /❑proved ❑ Dented y Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources i 1 I tetra tech waiver.doc 1/14/2008 1:49:00 PM DATE AP®R®TM CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 l0/30/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Tetra Tech, Inc. (ISG) INSURERA:ACE American Insurance Company 22667-012 Suite 200 16241 Laguna Canyon Road INSURERB:American International Specialty Lines In 26883-001 Irvine, CA 92618 INSURERC: INSURER D: [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. ILTR INSR TYPE OF INSURANCE POLICYNUMBER DATEYMMFDDTYIVYE PDATE MM/DD/YYN LIMITS A X GENERAL LIABILITY HDOG23734825 10/1/2007 10/1/2008 EACH OCCURRENCE $ 1 QQQ QQQ X COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurence $ 1,000,000 CLAIMS MADE 1XI OCCUR MED EXP(Any one person) $ 100,000 X Contract Liab. PERSONAL&ADV INJURY $ 11000,000 X X,C,U Coverage GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JECTPRO- X LOC A X AUTOMOBILE LIABILITY ISAR08238431 10/1/2007 10/1/2008 COMBINED SINGLE LIMIT $ 2,000,000 X ANYAUTO (Ea accident) X ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X WREDAUTOS T➢ 7 BODILY INJURY $ X NON-OWNEDAUTOS APP VElJ TO FO (Per accident) �1 PROPERTY DAMAGE T14r;i" Z Q� (Per accident) $ GARAGE LIABILITY � WA4,v_ -/1 6/� n--Q� /n� AUTO ONLY-EA ACCIDENT $ ANY AUTO �J,�� C OTHERTHAN EAACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY XOOG23886005 10/1/2007 10/1/2008 EACH OCCURRENCE $ 5,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 51000,000 DEDUCTIBLE $ X RETENTION $ 50,000 $ A WORKERS COMPENSATION AND WLRC44479886 10/1/2007 10/1/2008 X rCRRY LIMITS OER EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE SCFC44479898 10/1/2007 10/l/2008 E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 11000,000 If yes,describe under SPECIAL PROVISIONS below E,L.DISEASE-POLICY LIMIT $ 11000,000 B OTHER 1952583 10 1 20 77 10 1 20 88 $5,000,000. Each Claim Professional Liability $5,000,000. Aggregate Contractor's Pollution $75,000 Deductible Liabilit Each claim DESCRIPTION OF OPERATIONS/LOCATIONSNEH ICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 10/l/2007 WITH ID: 9603934 Stop Gap coverage for the following states: OH, ND, WA, WV, WY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Huntington Beach REPRE EN TIV . Attn: Andy Ferrigno 2000 Main Street AUTH ESENT4TIVE Huntington Beach, CA 92648 i ACORD 25(2001108) Coll:2159558 Tpl:699713 Cert-971A 25 ©ACORD CORPORATION 1988 DATE W11IIS CERTIFICATE OF LIABILITY Y INSURANCE Page 2 of 3 00/30/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Tetra Tech, Inc. (ISG) INSURERA:ACE American Insurance Company 22667-012 Suite 200 16241 Laguna Canyon Road INSURERB:American International Specialty Lines In 26883-001 Irvine, CA 92618 INSURER C: INSURER D: INSURER E: DESCRIPTION OF OPERATIONS/LOCATION S/VEH ICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Commercial Property: Policy Number: YU2L9L435456017 Effective: 10/1/07 - 10/1/08 Issuing Carrier: Liberty Mutual Fire Insurance Company Business Personal Property Including Valuable Papers, Special Form $5,000,000. Limit Project Start Date: 05/02/2007 Project End Date: 11/01/2010 Re: The City of Huntington Beach - On Call Staff Support and Plan Check Services It is agreed that City of Huntington Beach, its officers, elected or appointed officials, agents,employees and volunteers are included as Additional Insureds as respects to General and Auto Liability as required by contract. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds as required by contract. 10 day cancellation for non-payment of premium. Coll:2159558 Tpl:699713 Cert:9739125 Page 3 of 3 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(2001/08) Coll:2159558 Tp1:699713 Cert:9739125 POLICY NUMBER: HDOG23734825 COMMERCIAL GENERAL LIABILITY CG20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS m COMPLETE® OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location And Description of Completed Operations Or Organization(s) City of Huntington Beach, its officers, elected or ap Re: The City of Huntington Beach -On Call Staff Sup- pointed officials, agents,employees and volunteers port and Plan Check Services Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy No: HDOG23734825 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations City of Huntington Beach, its officers,elected or Re:The City of Huntington Beach-On Call appointed officials, agents,employees and volunteers Staff Support and Plan Check Services❑❑ Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused,in whole or in part,by: 1. Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1.All work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2.That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ©ISO Properties,Inc.,2004 ADDITIONAL INSURED— DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Tetra Tech,Inc.(ISG) Endorsement Number 132 Policy Policy Number Policy Period Effective Date of Endorsement Symbol ISAH08238431 10/1/2007 to 10/1/2008 I SA Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured(s): Certificate of insurance holders, but only when required by written contract to be named as an Additional Insured. A. For a covered "auto,"Who Is Insured is changed to include as an "insured,"the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for"bodily injury" or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating a covered "auto"with permission from You, any of your employees or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Agent DA9U74(12/94)Ptd.in U.S.A. CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: 1/22/2008 2. Department: Public Works 3. Requested by: Terri Elliot 4. Name of consultant: Tetra Tech, Inc. 5. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. 6. Amount of the contract: $500,000 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 9. Business Unit and Object Code where funds are budgeted: 10085251.69365 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. Is this contract over$100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). Attached 15. Attach proposed scope of work. Attached 16. Attach proposed payment schedule. Attached � p partment Head S' nature H AMADRIL Central Services Manager 1. If the ans'oier to this question is"No,"the contract will require approval from the City Council. As-Needed Professional Plan Check RFP Evaluation RFP was sent to the following three consultants: 1. Project Partners, Kimo Look, 949-852-9300 1. Engineering Resources, Bob Righetti, 760-485-0041 3. Tetra Tech Inc„ Bill Stracker, 949-727-7099 The results of the evaluation of the proposals are as follows: Proposal Evaluation Consultant Score Ranking Engineering Resources 69 1 Tetra Tech Inc. 62 2 Project Partners Zero i 0: REQUEST FOR PROPOSAL FOR ON-CALL PROFESSIONAL SERVICES Public Works Department CITY OF HUNTINGTON BEACH Released on November 29,2006 ON-CALL PROFESSIONAL SERVICES REQUEST FOR PROPOSAL ("RFP") 1. BACKGROUND The City of Huntington Beach, Public Works Department is 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP November 29, 2006 Deadline for Written Questions December 5, 2006 Responses to Questions Posted on Web Proposals are Due December 8, 2006 Proposal Evaluation Completed December 12, 2006 Approval of Contract 3. SCOPE OF SERVICES See Attachment "A" 4. PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough proposal using the following guidelines: Proposal should be typed and should contain no-'more than 20 typed pages using a 10-point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the proposer's response: A. Cover Letter A cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the contractor's office located nearest to Huntington Beach, California and the office from which the project will be managed. B. Background and Project Summary Section The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Services of this RFP. C. Methodology Section Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include: 1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section. 3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the scope of services. D. Staffing Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. E. Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: I) Names of key staff that participated on named projects and their specific responsibilities with respect to this Scope of Work. 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 3) Provide at least five references that received similar services from your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: a) Client Name b) Project Description c) Project start and end dates d) Client project manager name and telephone number 2 F. Fee Proposal Fee proposal and/or Schedule of Hourly Billing Rates shall be enclosed in a sealed envelope. 5. PROCESS FOR SUBMITTING PROPOSALS ® Content of Proposal The proposal must be submitted using the format as indicated in the proposal format guidelines. e Preparation of Proposal Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. o Number of Proposals Submit six (6) copies of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. ® Submission of Proposals Complete written proposals must be submitted in sealed envelopes to: Janet Lockhart, Senior Administrative Analyst City of Huntington Beach Finance Department - Purchasing 2000 Main Street Huntington Beach, CA 92648-2702 RE: On-Call Professional Services and received no later than 4:00 p.m. (P.S.T) on December 8, 2006. Proposals will not be accepted after this deadline. Faxed or e-m ailed proposals will not be accepted. o Inquiries Questions about this RFP must be directed in writing, via e-mail to: Janet Lockhart, Senior Administrative Analyst jlockbart@surfcity-hb.org From the date that this RFP is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP, except during the pre- proposal conference. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. ® Conditions for Proposal Acceptance This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or 3 J all proposals received as a result of this RFP, to negotiate with any qualified source, or to cancel this RFP in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 6. EVALUATION CRITERIA The City's consultant evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFP requirements B. Understanding of the project C. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies. D. Educational background, work experience, and directly related consulting experiences E. Price F. References The City may also contact and evaluate the proposer's and subcontractor's references; contact any proposer to clarify any response; contact any current users of a proposer's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the City. After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFP. 7. STANDARD TERMS AND CONDITIONS ® Amendments The City reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & RFP's; proposers should check this web page daily for new information. 4 ♦ Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the proposer. All proposals submitted become the property of the City. ♦ Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. A sample agreement is linked to this Request for Proposal in the City web site. ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non-disclosure statement. Proposals are subject to the Freedom Information Act. The City cannot protect proprietary data submitted in proposals. ♦ Financial Information The City is concerned about proposers' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. ♦ Insurance Requirements Within ten (10) consecutive calendar days of award of contract, successful proposer must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix A naming the City of Huntington Beach and its Redevelopment Agency, its officers and agents, Additional Insured by endorsement. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. The City strongly encourages all bidders to review the Sample Agreement and Insurance Requirements before responding to the Request for Proposal Notify the City of any exception to the requirements. 5 Surfnet - Human Resources - Personnel Rules Page 27 of 54 Temporary Employees Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed one thousand hours (1,000) in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. RULE 13 COMPENSATION SCHEDULE 13-1. POLICY. It is hereby declared that it is the policy of the city that salary ranges shall be set for classifications and not the individual who occupies a position in such classification; that the salary range for each classification is based on the principle that like salaries shall be paid for comparable duties and responsibilities; that the performance of the individual shall not be considered; and that the compensation schedule shall not be used to take punitive or disciplinary action against any employee or to reward any employee, or to circumvent the provisions of these personnel rules. 13-2. COMPENSATION SCHEDULE. The Personnel Director shall be responsible for providing compensation schedules to reflect salary adjustments and shall provide amended schedules from time to time as necessary to reflect changes subsequent to meet and confer with appropriate associations. RULE 14 ADDITIONAL PAY AND PAY ADJUSTMENT 14-1. MERIT SALARY ADVANCEMENT. Any employee, including a probationary employee, who has completed one year's service in any salary step above Step "A," provided his performance reports indicate that he has met the standards for the position, shall receive a salary advancement to the next higher step. 14-2. DEFERMENT. When, in the judgment of the appointing authority, the performance of an employee has not met the standards for the position which he occupies, he shall not receive the salary advancement described in Section 14-1 above. The appointing authority may defer his recommendation for merit salary advancement for periods of three (3) months each pending additional performance evaluations and reports. During each such three (3) month period a performance evaluation and report shall be made by the appointing authority. When the employee's performance is up to standard, as reflected in such reports, he shall then receive a salary advancement to the next higher step. The employee shall then be eligible for his next merit salary advancement within the range one year from the effective date he receives the salary advancement under this Rule 14-2. 14-3. MERIT SALARY ADVANCEMENTS NOT AFFECTED BY AUTHORITY TO FIX SALARIES. Merit salary advancements shall be made for employees in accordance with this rule, notwithstanding the power now or hereafter conferred on any authority to fix or approve the fixing of salaries, unless there is not sufficient money available for the purpose, and in such event, the Director of Finance shall so certify. http://surfnet.surfeity-hb.org/Human Resources/rules.cfm 6/4/2007 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Professional Services Contract for Tetra Tech Inc. COUNCIL MEETING DATE: March 3, 2008 RCA ATTACHMENTS STATUS, " Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached El t Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWEQ` "".v;�RE` UPZNED �O_ 'HIV DE®` Administrative Staff ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Poj0w'$pq;oFe RCA Author: T. Elliott:jg