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HomeMy WebLinkAboutTetra Tech, Inc. - 2011-11-21 Council/Agency Meeting Held: Deferred/Continued to: *App ve ❑ Conditionally Approved ❑ Denied City rk's ignat r Council Meeting Date: November 21, 2011 Department Number: PW 11-065 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve Professional Services Contracts for On-Call Civil Engineering Design Services with AECOM Corp., Lee and Ro, Inc., Tetra Tech, Inc., Pacific Advanced Civil Engineering, Inc. (PACE), and VA Consulting, Inc. Statement of Issue: The Public Works Department requires professional civil engineering services on an on-call or as-needed basis to support staff for the design and construction of capital improvement projects. Financial Impact: Funds are available within the budgeted capital improvement projects. Additional City Council authorization will be requested for unbudgeted projects if necessary. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts between the City of Huntington Beach and AECOM Corporation, Lee and Ro, Inc., and Tetra Tech, Inc. for On-Call Civil Engineering Design Services in the amount of $750,000 each; B) Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. (PACE) and VA Consulting, Inc. for On-Call Civil Engineering Design Services in the amount of $500,000 each; and C) Authorize the City Manager to approve a one-year time extension. Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects could be delayed until new contracts are approved. xB -145- Item 8. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 11/21/2011 DEPARTMENT ID NUMBER: PW 11-065 Analysis The City's Capital Improvement Program (CIP) is approximately $35 million in Fiscal Year 2011/12. Water improvement projects are the largest expenditure category followed by sewer improvement projects, street improvement projects, and storm drain improvement projects. Design for the projects is assigned to firms specializing in these disciplines, as it is not possible to complete this large workload with just City staff. It is in the City's interest to retain qualified firms for capital improvement project design and engineering. Project assignments are rotated among the consultants, taking advantage of each consultant's specializations. Project assignments over $50,000 associated with these on- call contracts will require City Manager approval. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirty ,(30) proposals were received, and ranked based on qualifications listed in the proposals. The proposed new contracts allow for a three-year term with a total not to exceed amount per contract. Funding sources will be from capital improvement project accounts, using the approved project budgets. Staff does its best to align expected design schedules with the terms of the consultant agreement. However, there are circumstances such as availability of grant funds that result in project completion going past contract terms. Therefore, staff is requesting City Council to also authorize the City Manager to discretionarily approve a one-year time extension to allow consultants to complete assigned projects. An evaluation has been completed to estimate the services required for the next three years and is provided in the following chart. In addition to the projected services required the chart also provides the previous three years use of consultant services. Years + • • E' IgI _ I ti }3rCiGtS P"agg $6067 ,Ot30 $100,0p300 . - �.'\ \�.✓ Sewer: Design of Lift Stations and Sewer Replacement $200,000 $150,000 $450,000 Projects Special Projects: Emergency Repair of Facilities/ $75,000 $250,000 Structures, Misc Unanticipated Projects \ Water: Reliability Studies including Water System $348,000 $75,000 $225,000 Modelling Iff Special Water Projects: Design for Emergency Repairs, $164,000 $100,000 $300,000 Review of Technical Reports Total $2,876,000 $750,000 $2,725,000 Item 8. - 2 xB -146- REQUEST FOR COUNCIL ,ACTION MEETING DATE: 11/21/2011 DEPARTMENT ID NUMBER: PW 11-065 Environmental Status: Not Applicable Public Works Commission Action: Not required. Strategic Plan Goal: Maintain, improve, and obtain funding for infrastructure and equipment. Attachment(s): Pescriptim -71 1. Professional Services Contract between the City of Huntington Beach and. AECOM Corporation for On-Call Civil Engineering Design Services 2. Professional Services Contract between the City of Huntington Beach and Lee and Ro, Inc for On-Call Civil Engineering Design Services 3. Professional Services Contract between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. PACE for On-Call Civil Engineering Design Services 4. Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc for On-Call Civil Engineering Design Services 5. Professional Services Contract between the City of Huntington Beach and VA Consulting, S� Inc for On-Call Civil Engineering Design Services HB -1 47- Item 8. - 3 ATTACHMENT #4 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TETRA TECH INC. FOR ON CALL CIVIL ENGINEERING SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term;Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices......................................................................................... 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TETRA TECH INC. FOR ON CALL CIVIL ENGINEERING 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 Inc., a Delaware corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide civil engineering services on an as-needed basis; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Molly Mell, P.E. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/protessional Svcs mayor I of 11 l2/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE The services of CONSULTANT are to commence on 20 // (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement a fee, including all costs and expenses, not to exceed Seven Hundred and Fifty Thousand Dollars ($750,000.00). 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 2of11 agree/surfnet/professional svcs mayor 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/surfnet/professional svcs mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/surfnet/professional svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/surfnet/professional sves mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnet/professional svcs mayor 6 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 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 Tetra Tech Inc. ATTN: James Wagner Attn: Molly Mell 2000 Main Street Huntington Beach, CA 92648 , 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional svcs mayor 7 of 11 12/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree/surfneUprofessional svcs mayor 8 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional sves mayor 9 of 11 12/07 25. SURVIVAL Terms and conditions of,this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no. representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.. agree/surfneUprofessional svcs mayor 10 of 11 ]2/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a Tetra Tech Inc. municipal corporation of the State of COMPANY NAME California ayor By: Stems Te�escL) print name ty Clerk. I ice President � ITS: (circle one)Chairman/Presiden AND INITIATED AND APPROVED: By. Director of Public orks print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasure Unit Co n t r o i i e r REVI APPROVED: Manager APPROVED AS TO FORM: L City Attorney agree/surfnet/professional svcs mayor I I of 11 12/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an'as-needed'basis for STREET, SEWER &WATER IMPROVEMENT projects to be determined during the term of the agreement. During the teen of this agreement, CITY may electe to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work shcedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach On-Call Civil Engineering Services Scope of Work(Exhibit A.1). Detailed services shall include but is not limited to the following scope of work shown in Exhibit A.2 Upon award and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qulaification of these staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish construction plans and specifications to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. Surfnet Exhibit A Exhibit A.I City of Huntington Beach On-Call Engineering Services Scope of Work In general, the Consultant shall perform civil engineering services on an"on call or as- needed"basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Preliminary Engineering • Prepare alternative preliminary layouts, surveying, geotechnical services, and estimates of probable cost for alternatives. • Prepare engineering details and calculations. • Present alternatives and provide recommendations and analyses of the advantages of each alternative. Permits • Assist the City in obtaining approvals from applicable agencies including County of Orange, CALTRANS, City of Huntington Beach Planning Department for environmental, and/or other permits as may be required. • Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The City will provide the General Provisions and bid forms in a Microsoft Word and/or Excel Version 2003 format; the Consultant shall modify the documents by adding the necessary special provisions and project bid schedule. The City shall review the construction documents at the preliminary engineering, sixty (60%), ninety percent(90%), and final documents stages or as deemed necessary by the City. All project calculations, supporting/reference information, correspondence,photos, Microsoft office files, etc. shall be provided to City with the final submittal or upon request. • Drawings shall be prepared in a standard engineering scale using AutoCAD version 2007. All drawings shall have their bearings based upon and translated to be consistent with the California Coordinate System (Zone 6). Final Drawings shall be wet signed and stamped on 24-inch by 36-inch Mylar media. All project AutoCAD files (i.e. drawings, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format. Construction specifications and bidding documents shall be provided in Microsoft Word Version 2007. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences and job walks,perform constructability review of other firms or own plans and specifications, prepare addenda, analyze bids, and recommend award. Construction Stage • Attend pre-construction conference.. • Monitor construction schedule, visit construction site as required for progress and quality of work evaluation. • Assist the engineer, contractor, and construction manager/contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action,review of shop drawings and other submittals, and the review and negotiation of change orders. • Upon completion of construction,the Consultant shall prepare "as-built"drawings to the satisfaction of the City. Additionally,the Consultant may also be required to perform construction staking. Special Requirement: Due to the fact that some of the City projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' Local Assistance Procedures Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. �� <MTY 9E NUd171#tGYbN BEACN ^G`SdDg14S.3r>E7AkTEYkt � " %� ` _ t - _ - - 1 , SdG�NI« ltlk4G a .: r ` F r - `... F T� r gllw #. t "b METHODOLOGY Tetra Tech has established a dedicated, qualified • Implementing a Quality Assurance/Quality and experienced team of professionals which will Control Plan provide the City of Huntington Beach with the o Participating in scheduled project meetings with technical and managerial qualifications, specialized the necessary project stakeholders. expertise and professional resources required to Assignments of this type place a premium on the successfully complete development and capital depth of staff talent offered by the consultant and improvement projects under this On-Call contract. its availability to tailor the project team to the Members of the Tetra Tech team diverse needs of the individual tasks. The have earned a reputation for , s o Tetra Tech team offers a blend of providing quality projects for experienced professionals who will apply our clients. We have achieved ft _ their specialized skills to the technical our success b being selective ror201"� Y g ; � tasks detailed in the Scope of Services. We with the projects we pursue and have carefully examined the capabilities of ensuring that our team k each team member based on their capabilities meet and exceed the qualifications and experience. The Tetra project's requirements and Tech team will provide all skills needed to client's expectations. The °" conduct each assignment in accordance strength of Tetra Tech lies in its • . with the schedule for each project. client-focused service, staff Cost Control qualifications, firm commitment, tl��`'� .:. and desire to successfully x h Tetra Tech is committed to delivering a complete each assignment to the "" f.; " project that not only meets or exceeds the satisfaction of all clients. Tetra , . performance criteria established by the Tech is a full-service, multi- City of Huntington Beach and the public at disciplinary A-E consulting firm, large, but to accomplish this within the specializing in site development, transportation allocated budgets. The effectiveness of our team s infrastructure, water resources and environmental cost control capability is best demonstrated through engineering. our performance on previous relevant projects. Proposed.Implementation:Plan to Achieve Negotiating collaboratively on scopes of work, Scope of Work carefully preparing cost estimates, and strictly adhering to schedules have been our most effective Successful On-Call Engineering services task order tools for controlling cost on municipal contracts. Contracts require both a diverse and highly talented Coordinating;Activities with City team of engineering professionals, incorporating Representative specific engineering and design disciplines. The The Tetra Tech team is committed to ensuring that Program Manager, and support team will be responsible for the successful delivery of the the City's designated representative is fully project.This will be achieved by: informed of all project activities and progress • Delivering the project within budget towards completion. This will be achieved through project correspondence as well as as-needed • Coordinating activities with the appropriate City progress reports that will allow the City's representatives representative to measure the actual versus planned • Providing a project schedule with regular updates work in-progress. In addition, Tetra Tech utilizes a CTV OF HUNTINGTON BEACH PUBLIC`11ORKS DEPARTM,zNT TETRA TECH _..__..._......................................_...._..—._.__........_._._..._.._.._.................._..........................._......_......................._.._...._............. On,-Ccdl Ci;i Er,!,,h cxo ing Design Services 5 ANN ""M �IMM . ,,a iN O }N ALL �� - � � a CIVIkENGINE ttING DESIGN SERifICES `• '. METHOD y+ _ f c K _ project collaboration "sharepoint" website that the course of them. Tetra Tech will always strive to allows City Staff, subconsultants and other work with the City to bring delayed projects back stakeholders to share information on a central web on schedule at no additional cost to the City. based system that will include progress drawings, Utilization of Quality Vanagement Procedures base files, AutoCAD files, and a calendar of Tetra Tech has a long history of providing quality deadlines and listing of critical tasks. The Tetra design services to all of our clients. This has been Tech Program Manager will serve as the Team's achieved by implementing an effective Quality and the City's single point of contact. This will Assurance/Quality Control (QA/QC) program. allow the City's representative to obtain pertinent Tetra Tech's internal Project Management Manual project information without extra effort of locating requires that every project include a QA/QC plan in the right person to contact within'the firm. place prior to kick-off. For this contract, each Task Project Timeline Schedule Order will include a specific QA/QC program that Tetra Tech will work closely with the City of not only meets the requirement of Tetra Tech's Huntington Beach immediately upon issuance of a Project Management Manual, but that also meets notice to proceed for a specific project in order to the requirements set by the City. The program will reach an agreement on general project definitions, be prepared specifically for each Task Order by the objectives and to finalize the scope and budget as Program Manager and it will be reviewed and appropriate. Tetra Tech will develop a preliminary approved by the QA/QC Manager. Critical Path Method (CPM) schedule that is The successful implementation of our QA/QC consistent with the phasing plan for the project. program means that we do not use the client as Microsoft Project software will be used to construct "plan checkers" for our work. Our philosophy is the schedule. The degree of activity detail will that quality control starts at the beginning of the cover the major phases of the project. Task project, strongly emphasizing planning and predecessors, float time, and task dependency will controls. Our approach employs a comprehensive be indicated, as well as a highlighted critical path quality management plan for controlling and for the project. The schedule will serve as a ensuring the quality of our services. planning tool and will be regularly updated to Role of City State' measure actual progress. Tetra Tech has a long standing commitment with The City of Huntington Beach engineering and our clients to deliver projects on schedule and support staff also play a crucial role in the within the project budget. However,throughout the implementation of any potential task order. A single City point of contact for each task order will course of any given project,there may be occasions where project schedules slip for a variety of reasons be suggested in order to provide a simplified and direct conduit of information between the City and outside the control of Tetra Tech. We have successfully mitigated project schedule delays in the Tetra Tech program manager. The City point of the past by increasing the available staff assigned to contact will be responsible for providing support in a project and by assisting our Clients with thorough obtaining as-built information and record drawings and timely reviews of deliverables. We understand for the areas adjacent to potential projects. The single City point of contact will also be counted on that most City and public projects are driven by funding measures that may expire or be reallocated to set-up necessary meetings with City staff, and if projects are not advertised or constructed by a communicate as needed with the various City given date. That is why we work with our Clients departments. A detailed description of the Tetra to identify a realistic timeline for projects and use Tech respective roles is included in the Staffing our extensive experience to identify potential Section of this proposal. delays at the beginning of projects and not during CITY OF HUNTINGTON BEACH PUB fC WORKS DEPARTMENT TETRA TECH --............._..._..__...-—....._....__.......__...._.__..._.-_..._—.... _._........_............_...---—_._..._...._..... On-Call Civil Enl,hieerina?Design Services 6 EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. See Exhibit B.1 —Proposed Hourly Fee Schedule Total fees shall not exceed Seven Hundred and Fifty Thousand Dollars ($750,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due and remaining balance; 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. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment TETRATECH Project Manager $195.00 Project Assistant 1 $62.00 Program Manager $215.00 Project Assistant 2 $69.00 Project Administrator $92.00 Graphic Artist $119.00 Engineer 1 $95.00 Engineer 2 $105.00 Engineer 3 $120.00 Project Management $175.00 Project Engineer 1 $140.00 Project Surveyor $150.00 Sr.Engineer 1 $185.00 Survey Technician $116.00 2-Person Survey Party w/Equipment $269.00 i 3-Person Survey Party w/Equipment $348.00 CAD Technician 1 $65.00 Clerical and Delivery Service $65.00 CAD Technician 2 $75.00 GPS Receivers(minimum of three)-$100.00/day/receiver CAD Technician 3 $90.00 CAD Designer $100.00 Sr.CAD Designer 1 $117.00 Photo Copies(B&W 8.5"xl1") $ 0.15/Each Sr.CAD Designer 2 $145.00 Photo Copies(B&W I l"xl7") $ 0.40/Each Color Copies(up to 8.5"x11") $ 2.00/Each Color Copies(to 11 N 17") $ 3.00/Each Construction Project Rep 1 $75.00 Compact Discs $101each Construction Project Rep 2 $90.00 Large format copies $0.40 S.P. Sr.Constr Project Rep 1 $100.00 Computer Usage: not to exceed$3.501hour Sr.Constr Project Rep 2 $115.00 Mileage-Company Vehicle $0.80/mile Construction Director $180.00 Mileage-POV $0.51/mile* *current GSA POV mileage rate subject to change Technician I $85.00 Technician II $90.00 Senior Technician $95.00 Soil/Field Technician(Prevailing Wage) $99.00 Remediation System Operation&Maintenance Specialist $105.00 Materials Inspection Manager $110.00 Staff Engineer/Geologist/Scientist/Field Supervisor $125.00 Senior Staff Engineer/Geologist/Scientist $140.00 Project Engineer/Geologist/Scientist/Operations Manager $160.00 Senior Project Engineer/Geologist/Scientist $180.00 Associate $200.00 Principal $215.00 Senior Principal $260.00 Project Adminstrator/Word Processor $78.00 Information Specialist $105.00 CAD Operator $110.00 GIS Specialist $125.00 Vehicle Usage $15/hour MITI MO. Section I Hourly RateS.XISX CERTIFICATE OF LIABILITY INSURANCE 7(MMIDDIYYYY) 1roa12oit THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:It the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endoreement(s). a PRODUCER CONTACT ADM Risk Insurance Services West, Inc. NAME. (SGG) 283-7122 FAX <8n7) 953-5390 L LOS Angeles CA Office A7C.No.ext: AID.Nc.: 707 Wilshire Boulevard E16A1L suite 2600 ADDRESS: _ Los Angeles CA 90017-04 60 USA INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURER A: National Union Fire Ins CO of Pittsburgh 19445 Tetra Tech, Inc. (IwR) INSURER 6: Insurance company of the State Of PA 19429 17885 Von Karman Ave. Ste. 500 INSURERC: Chartis Specialty Insurance Company 26883 Irvine CA 92614 USA INSURER0: Lexington Insurance Company 19437 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570044318200 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSIR LTR TYPE OF INSURANCE NSR SUBR POLICY NUMBER DD1 MWDDIYYYY LIMITS A GENERAL LIABILITY GL EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE To RENTED PREMISES Ea occurrence) $1,000,000 CLAIMS-MADE —1 OCCUR MED EXP(Anyone person) $10,000 X X,C,U Coverage PERSONAL S AOV INJURY $1,000,000 N GENERAL AGGREGATE $2,000,005 co tlEN'L AGGREGATE LIMN APPLIES PER' PRODUCTS-COMPIOP AGG t2,000,000 POLICY X PRO JECT X LOC o A AUTOMOBILE LIABILITY CA 170 73 88 1 01 2011 10 1 12 COMBINED SINGLE LIMIT(EA accid.011 $1,000,000 X ANY AUTO BODILY INJURY(Per person) 2 ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS _ AUTOS X HIREDAUI'OS X NON-OWNED PROPERTY DAMAGE AUTOS Peruccident d D X UMBRELLALIAB X I OCCUR TH1100027 1.0/01/2011 3.0 01/ 012 EACH OCCURRENCE S5,000,000 V _... EXCESSLIAB r CLAIMS-MAOE AGGREGATE $5,000,000 DED RETENTION B WORKERS COMPENSATION AND wc20 35 97 10/01/2011 10/01/2012X WC STATLL OTH- B EMLOYERS'UABILITY YIN - wc2063S698 10/01/2011 10/01/2012 TORY LIM17S ER ANY PROPRIETOR I PARTNER I EXECUTIVE E.L.EACH ACCIDENT $1,000,000 B OFFICE-RIMEMBEREXCLUDED? r NIA wc20635699 10/01/2011 10/01/2012 _ (Mandatory In" E.L.DISEASE-EA EMPLOYEE 51,000,000 1f yes,describe under DESCRIPTION OF OPERATIONS balow E.L.DISEASE-POLICY LINT $1,000,000 C Contractor ProfCOPS 952583 10/01/2011 10/01/2012 Each Clain $5,000,000 Prof/Poll Liab Agggregate $5,000,000 DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,B more space Is required) Project Start Date: 11/02/2011 Project End Date: 11/02/2014. RE: On-fall Civil Engineering Design Services for the City of Huntington Beach. Stop Gap Coverage for the following states: OH, WA, WY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED 13EFoRE THE EXPIRATION DATE THEREOF, NOTICE HALL BE DEUVEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Huntington Beach AUTHORIZED REPRESENTATIVE 99—t.; Attn: Mr, Tim Slobojan 2000 Main Street ) Huntington Beach, CA 92648 USAyy wan `% � ana eJCl� d lYeOr✓Nu 01888-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD TABLE 1. ON-CALL CIVIL ENGINEERING DESIGN SERVICES PROPOSALS RECEIVED No. Proposers In Alphabetical Order City and State 1 A & E Consultants Group, Inc. Brea, CA 2 AECOM Newport Beach, CA 3 AKM Consulting Engineers Irvine, CA 4 APA Engineering, Inc. Irvine CA 5 Civil Source, Inc. Irvine, CA 6 Civil Works Engineers Costa Mesa, CA 7 CNC Engineering Irvine, CA 8 Duca-McCoy, Inc. Corona Del Mar, CA 9 Dudek San Juan Capistrano, CA 10 Engineering Alignment Systems, Inc. Santa Ana, CA 11 FPL and Associates, Inc. Irvine, CA 12 Harris & Associates Concord CA 13 Huitt-Zollars, Inc. Irvine, CA 92602 14 Hunsaker & Associates Irvine, Inc. Irvine, CA 15 Kabbara Engineering Orange, CA 16 KOA Corporation/CBM Consulting, Inc. Gardena, CA 17 Lee & Ro, Inc. City of Industry, CA 18 Mead & Hunt, Inc. Sacramento, CA 19 Pacific Advanced Civil Engineering, Inc. (PACE) Fountain Valley, CA 20 PENCO Engineering, Inc. Irvine, CA 21 PSOMAS Los Angeles, CA 22 RBF Consulting, Inc. Irvine, CA 23 RKA Consulting Group Walnut, CA 24 SA Associates Arcadia, CA 25 Stantec Consulting Inc. Irvine, CA 26 Tetra Tech, Inc. Pasadena, CA 27 VA Consulting, Inc. Irvine, CA 28 VCA Engineers, Inc. Los Angeles, CA 29 W.G. Zimmerman Engineering, Inc. Huntington Beach, CA 30 Winzler & Kelley Santa Ana, CA ON CALL PROPOSALS RECEIVED ON JULY 14,2011 1 of 1 11/2/2011 CITY OF HUNTINGTON BEACH Professional Service Approval Form 1e PART° Date: 5/11/2011 Project Manager Name: James Wagner c P_V-3 Requested by Name if different from Project Manager: Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Request to advertise RFP for On-Call Civil Engineering Services. Civil Engineering firms have assisted the PW Staff in projects where either manpower or expertise is required to design the city's infrastructure including arterials, water and sewer. The current three-year contracts for On-Call Civil Engineering Services are due to expire on November 17, 2011 and an RFP and selection of the best qualified consultants (usually 3 to 6 firms) is required to ensure that the PW staff has the ability to hire an approved firm when the CIP budget allows such expenditures. These will be 3 year with a 2 year written extension contracts. 2) Estimated cost of the services being sought: $ 500,000 - $750,000 depending on firm's capabilities and City's needs. (See Attachment for the existing and projected civil engineering consultant needs) 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ❑ Yes ® No 5) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: $ $ 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. epa m Head Signature Date Mector inance's I i ial D to OT&� Deputy City Administrator's Initials Date APPROVED,' IED ❑ i ministrator's Signature Date CITY OF HUNTINGTON BEACH w, - Professional Service Approval Fora _r Vti.z4,p f PART II Date: 10/19/2011 Project Manager: ,lames Wagner Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Tetra Tech, Inc. 2) Contract Number: PWK (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 750,000.00 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Directo�f�rinance (ooesignee) Signature Date ® City ®f Huntington Beach f T 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov ~ `81T 1909A' ® Office ®f the City Clerk ® ' .Juan L. Flynn, City Clerk November 28, 2011 Tetra Tech, Inc. Attn: Molly Mell 17885 Von Karman Ave., Ste. 500 Irvine, CA 92604 Dear Ms. Mell: Enclosed for your records is a fully executed duplicate original of the "Professional Services Contract Between the City of Huntington Beach and Tetra Tech, Inc. for On Call Civil Engineering Services." Sincerely, m` Joan L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo,Japan ® Waitakere, New Zealand