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HomeMy WebLinkAboutTransSystems, Inc. - 2013-08-05 7, Dept. ID PW 13-045 Page 1 of 3 Meeting Date:8/5/2013 CITY OF HUNTINGTON BEACH k ,n REQUEST FOR CITY COUNCIL. ACTION MEETING DATE: 8/5/2013 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 between the City of Huntington Beach and Transystems, Inc., CivilSource, Inc., Dudek, Inc., AKM Consulting Engineers, Inc., Harris and Associates, Inc., and Psomas, Inc. for as-needed construction management and administrative support services Statement of Issue: On June 18, 2013, proposals were received for as-needed construction management and administrative support services. Public Works Department requires construction management services on an as-needed basis to assist the department in the delivery of the Capital Improvement Program (CIP). Financial Impact: Funds are available within budgeted capital improvement projects. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and TranSystems, Inc. for As-Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and CivilSource, Incorporated for As-Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million, for a three year term,; and C) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Dudek, Inc. for As-Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and D) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers, Inc. for As-Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and E) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract HB -177- Item 12. - 1 Dept. ID PW 13-045 Page 2 of 3 Meeting Date:8/5/2013 Between the City of Huntington Beach and Harris &Associates, Inc. for As-Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and, F) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Psomas, Inc. for As-Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term. Alternative Action(s): Approve selected, or none of the agreements and direct staff to request proposals from other construction management firms or direct City staff to perform this work. Due to limited availability, using City staff could jeopardize the completion of CIP projects. Analysis: The City's current as-needed agreements with firms to provide construction management and administrative support services have expired. Construction management is a specialized function in completing capital projects, and as-needed services provide the most flexibility for delivering the CIP. The proposed new agreements each allow for a three-year contract term with the option for two one-year extensions with a total budget not to exceed $1 million per firm. The Capital Improvement Program each year is approximately 30 million a year, for a total of 90 million over the tem of these agreements. This equates to 3% to 6% of the total amount for the 3 year projected CIP. In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from interested firms. Proposals were rated by experience and ability to provide services on an as-needed basis. Six qualified firms were selected out of the 20 proposals that were reviewed. It is to the City's benefit to retain qualified firms for capital project construction management. Project assignments are rotated among the consultants, taking advantage of their various specializations. The alternative to as-needed construction management agreements is the preparation of request for proposals and requesting proposals for individual projects. With over 50 , budgeted projects to complete over the next two years, the as needed process provides significant savings in staff hours. Public Works Commission: Not Required Environmental Status: Not applicable S Strategic Plan Goal: Improve the City's infrastructure Attachment s : :1. :P::ro7fessional Services Contract Between the City of Huntington Beach and TranSystems, s-Needed Construction Management and Administrative Support Service 2. Professional Services Contract Between the City of Huntington eac an CivilSource, Incorporated for As-Needed Construction Management and Administrative Support Services 3. Professional Services Contract Between the City of Huntington Beach and Dudek, Inc. for As-Needed Construction Management and Administrative Support Services Item 12. - 2 HB -178- Dept. ID PW 13-045 Page 3 of 3 Meeting Date:8/5/2013 4. Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers, Inc. for As-Needed Construction Management and Administrative Support Services 5. Professional Services Contract Between the City of Huntington Beach and Harris & Associates, Inc. for As-Needed Construction Management and Administrative Support Services 6. Professional Services Contract Between the City of Huntington Beach and Psomas, Inc. for As-Needed Construction Management and Administrative Support Services HB -179- Item 12. - 3 ATTACHMENT # 1 Item 12. - 4 HB i.n PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRANSYSTEMS, INC. FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT 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 Transystems, Incorporated, a Missouri Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to As-Needed Construction Management and Administrative Support 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: 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 Mike Helma 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. agree/surfnet/professional svcs mayor 1 of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ;4sT Q4r, 20 ,0 (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 3 Years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfnet/professional Svcs mayor 2 of 11 10/12 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 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 agree/surfnet/professional svcs mayor 3 of 11 10/12 ($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 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: agree/surfnet/professional svcs mayor 4 of 11 10/12 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. 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 agree/surfnet/professional svcs mayor 5 of 11 10/12 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. 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 agree/surfnet/professional svcs mayor 6 of 11 10/12 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 Transystems, Inc. ATTN: Eric R. Charlonnne Attn: Steve Schmucker, VP 2000 Main Street 6700 East Pacific Coast Highway Huntington Beach, CA 92648 Suite 275 Long Beach, CA 90803 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 agree/surfnet/professional svcs mayor 7 of 11 10/12 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 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 agree/surfnet/professional svcs mayor 8 of 11 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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. 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 agree/surfnet/professional sves mayor 9 of 11 10/12 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. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/surfnet/professional svcs mayor 10 of 11 10/12 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of COMPANY NAME Califo Transysteins,Inc. dFiv Islam A Mayor print name Cy Clerk ITS: (circle one)Chatrrn Presjden ice President AND (--ZD AND APPR VED: By: ^ , Director kfp C0)n print name ITS: (circle oue 5ecrct Chief Financial Officer/Asst. Secretary-'treasurer REVIE APPROVED: Co ager /APPROVED AS TO FORM: AA Cit Atto cy agree!surfnetiprofessional secs mayor I I of 11 10112 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRANSYSTEMS, INCORPORATED FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT 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...................................................................................... 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original ...................................................................................................9 22 Immigration..............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees .........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories................................................................................................................10 28 Entirety.....................................................................................................................10 29 Effective Date.................................................................................I I EXHIBIT " p99 A. STATEMENT OF WORK: CONSULTANT shall provide construction management and administrative support services for various City capital improvement construction projects such as sewer lift stations, roadway rehabilitation, new park developments and waterline projects on an "as-needed" basis. Due to the fact that some of the City projects will be funded by Federal or State grants, CONSULTANT must comply with requirements of Caltrans' Local Program Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach As-Needed Construction Management and Administrative Support Typical 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. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish a 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. EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly payments toward the fees set forth herein in accordance with the following payment schedules. CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Exhibit B.1 —Proposed Hourly Fee Schedule Total fees shall not exceed One Million dollars ($1,000,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit unless first authorized in writing by City authorized representative(s). The hourly rates for years four and five shall increase based on the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles, Riverside or Orange County areas or 5%, whichever is lower. 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 requirement for satisfactory completion. 3. 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 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 submissions 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 shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance by CONSULTANT is, 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. TranSystems A ,I q§ 6700 E Pacific Coast Hwy.,Suite 201 Long Beach,CA 90803 Tel 562 594 6974 Fax 562 594 6975 www.transystems.com TranSystems Corporation Fee Schedule (Effective July 1,2013) Professional and Technical Personnel Classifications Principal Architect $250.00 Principal Project Manager $225.00 Principal Engineer $200.00 Senior Project Manager $170.00 Area Construction Manager $170.00 Senior Construction Manager $155.00 Project Manager/Senior Engineer $150.00 Construction Manager/Resident Engineer $150.00 Project Engineer $125.00 Cost Estimator $110.00 Senior Planner/Permit Specialist $110.00 CADD Drafter $100.00 Staff Engineer $115.00 Webmaster $100.00 CADD Operator/Drafter $100.00 Clerical/Document Control $65.00 Other Services Consultants, Special Equipment, Reproduction, Materials, and Other Outside Charges: Cost+10% Vehicle Transportation: per IRS EXCEPTIONS AND GENERAL INFORMATION 1. The attached Scope of Work does not include payment of fees to Regulatory Agencies for applications, permits, reports or prints. 2. Changes in the Scope of Worts will be deemed"Extra Services"and will be billed at the hourly rates presented in the above Fee Schedule,or at a negotiated price agreed upon prior to the performance of the services.The Consultant is required to obtain written approval prior to commencing services outside the original scope. 3. The attached Scope of Work does not include any reproductions or copies.All prints and reimbursable expenses,such as delivery charges and sub consultants,will be invoiced at cost. 4. Rates subject to escalation on all contracts after July 1,2014. Attachment D - TranSystems Effective: For the duration of this contract. PROGRAM/CONSTRUCTION MANAGEMENT *HOURLY RATE Principal/Project Director $250.00 Principal/Alternate Project Manager $225.00 Principal Engineer $200.00 Senior Project Manager, Area/Senior Construction Manager $170.00 Construction Manager/Resident Engineer $155.00 Certified Construction Manager $150.00 Project Engineer $125.00 Scheduling/Cost Engineer $110.00 Senior Planner/Permit Specialist $110.00 CADD Operator/Drafter $100.00 LEED Certified Inspector $100.00 CPII Certified Inspector $100.00 Contract Administrator $75.00 PUBLIC WORKS SERVICES GROUPS *HOURLY RATE Technical Support $75.00 Administration $65.00 REIMBURSABLE EXPENSES COST Reproduction At Cost Consultant Services TBD Automobile Transportation Per IRS Delivery, Freight, Courier At Cost Agency Fees TBD Commercial Travel TBD *Rates to be negotiated based on Task/Project Assignment TE ACR®TM CERTIFICATE F LIABILITY INSURANCE 10/l/2013 DA9/28/20112YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Companies,LLC-1 Kansas City NAME: 444 W.47th Street,Suite 900 PRONE A/c No Ext: AIC No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER AFFORDING COVERAGE NAIC# INSURER A: ZLlrich American Insurance Company 16535 INSURED TRANSYSTEMS CORPORATION INSURER B: 7979 6700 EAST PACIFIC COAST HIGHWAY INSURERC: SUITE 201 LONG BEACH CA 90803 INSURER D: NS RER E: INSURER F: COVERAGES TRASY01 PM CERTIFICATE NUMBER: 3687968 REVISION NUMBER: XXXXXXX 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. INSR ADDL SUBR POLICY EFF POLICY EXP NS TYPE OF INSURANCE NSR WVD POLICY NUMBER MM/DDI AW MM DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE DAMAGE OERENTED occu ence XXXXXXX CLAIMS-MADE❑OCCUR MED EXP(Any oneperson) XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ XXXXXXX 1-1 - POLICY JECPROT LOC $ AUTOMOBILE LIABILITY CEO aCCcdentSINGLE LIMIT $ XXXXXXX ANY AUTO NOT APPLICABLE BODILY INJURY(Per person) $ XXXXXXX AUTOS NED SCHEDULED BODILY INJURY(Per accident $ XXXXXXX UTOS NON-OWNED PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS AUTOS `Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION$ $ WORKERS COMPENSATION WCSTATU- AND EMPLOYERS'LIABILITY YIN ER OTH- TORY LIMITS NOT APPLICABLE ANY PRO PRIETORIPARTNER/EXECUTIVE ❑ NIA A E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-PDLICY LIMIT XXXXXXX A PROFESSIONAL N N EOC 9139550 10/1/2012 10/1/2013 $1,000,000 EACH CLAIM&IN LIABILITY ANNUAL AGGREGATE FOR ALL PROJECTS. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIEV SUPPORT SERVICES APpRCVx:D AS TO iJ+DZV�, . CERTIFICATE HOLDER CANCELLATION Ir SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3687968 AUTHORIZED REPRESENTATIVE CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92645-2702 ACORD 25(2010/05) © 988-2010 AC D ORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD AC® ®, CERTIFICATE ®F LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/1/2013 9/28/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCECONTACT R Lcckton Companies,LLG1 Kansas City NAME: FA 444 W.47th Street,Suite 900 (A/C,No Ext; AIC No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED TRANSYSTEMS CORPORATION INSURER B: 1000119 6700 EAST PACIFIC COAST HIGHWAY INSURERC: SUITE 201 LONG BEACH CA 90803 INSURER D: INSURER E: INSURER F: COVERAGES TRASY01 PM CERTIFICATE NUMBER: 3709223 REVISION NUMBER: XXXXXXX 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. INSR ADDL SUBR POLICY EFF POLY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD MMIDDIC LIMITS A GENERAL LIABILITY N N GL03707153 10/1/2012 10/l/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESOEa occu r nce 1,000,000 CLAIMS-MADE�OCCUR MED EXP(Any oneperson) 5,000 X SEVERABILITY PERSONAL&ADV INJURY $ 1,000,000 X CLAUSE GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- $ POLICY JECT LOC A AUTOMOBILE LIABILITY N N BAP3707150 10/1/2012 10/1/2013 Ea aBcldeDtSINGLE LIMIT $ 1,000 000 Ix ANY AUTO BODILY INJURY(Per person) $ XXXXXXX AUT OWNED SCHEDULED BODILY INJURY(Per accident $ XXXXXXX AUTOS NpN OWNED PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS X AUTOS Per accident $ XXXXXXX UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY YIN N WC3707154 10/1/2012 10/l/20I3 X TORYLIMITSFR ANY PROPRIETOR/PARTNER/EXECUTIVE N 1 A E.L.EACH ACCIDENT $ SOO OOO OFFICER/MEMBER EXCLUDED? FN (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-PDLICY LIMIT 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES WITH STEVE SCHMUCKER. THE CITY OF HUNTINGTON BEACH IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY,AS REQUIRED BY WRITTEN CONTRACT- AS T PORE GJ EN IFER MQ IGRATH,City �M. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3709223 AUTHORIZED REPRESENTATIVE CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92645-2702 1 4awA_t0%0 ACORD 25(2010/05) © 988-2010 AC D ORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BAP 3707150 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 10/01/12 Countersigned By: Named Insured: TranSystems Corporation (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Miscellaneous Attachment: M450651 Certificate ID :3709223 CA 983 (2-99) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: GL03707153 Additional Insured - Automatic - owners, Lessees Or Contractors Policy No. Exp. Date of Pol. Eff Date of End. Agency No. Addl. Prem. Retum Prem. Gw3707153 1 10/1/13 1011112 THIS ENDORSEMENT CHANGES THE POLICE'. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II-Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage"or"personal and advertising injury" covered under SECTION I-Coverage A-Bodily Injury And Property Damage Liability and Section I-Coverage B-Personal And Advertising Injury Liability, 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,and resulting directly from: a. Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or b. "Your work" completed as included in the"products-completed operations hazard",performed for the additional insured,which is the subject of the written contract or written agreement. C. However,regardless of the provisions of paragraphs A.and B.above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy;or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement;and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy;or b. The Limits of Insurance you are required to provide in the written contractor written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural,engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;and 2. Supervisory,inspection,architectural or engineering activities. Miscellaneous Attachment:M47430 Certificate ID :3709223 E. The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable;and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV- Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV- Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. U-GL-1175-B CW(3/07) Miscellaneous Attachment:M47430 Certificate ID : 3709223 Bid Results for Project Construction Management&Administrative Support(2013-0521) Issued on 05/21/2013 Bid Due on June 18,2013 4:00 PM(Pacific) Exported on 08/013/2013 Bidder Info VendorlD Vendor Name Address Address 2 City Respondee Phone Respondee Email Bid Amount Format Bid Submit Date Bid Status Responsive 2S5415 Griffin Structures,Inc. 385 Second Street Laguna Beach 949-497-9000 Ext.265 khenderson griffinholdings.net $0.00 Electronic 6/113/2013 15-32 Submitted yes 225185 Willdan Engineering 2401 E Katella Ave Suite 450 Anaheim 562-908-6200 Ext.6297 mhigashi willdan.com $0.00 Electronic 6/13/2013 15:30 Submitted Yes 225501 Harris&Associates,Inc. 34 Executive Park,Suite 150 Irvine 949-655-3900 Ext.2350 bbarnett harris-assoa.com $0.00 Electronic 6/17/2013 10:13 Submitted Yes 228874 Tetra Tech 17885 Von Karman Avenue Suite 500 Irvine 949-809-5179 Ext luanne.bean tetratech.com $0.00 Electronic 6/18/2013 15:27 Submitted yes 240026 GK&Associates 3333 Brea Canyon Road Suite 120 Diamond Bar 909-595-1940 Ext.101 gkhan gkandassociates.com $0.00 Electronic 6/18/2013 15:00 Submitted yes 255123 Tran5ystems 6700 E.Pacific Coast Hwy.,Ste 275 Long Beach 562-594-6974 Ext. saschmucker transystems.com $0.00 Electronic 6/19/201313.57 Submitted yes 25S157 CivllSource 9930 Research Drive Suite 200 Irvine 949-585-0477 Ext. jeni civil-source.com $0.00 Electronic 6/18/2013 13.43 Submitted yes 255395 51mpson&Simpson Management Consulting 1000 5.Fremont Ave.Unit 64,Bldg.A10 Suite 10215 Alhambra 626-282-4000 Ext. dwong ssmci.net $0.00 Electronic 6/17/2013 12 42 Submitted Yes 255398 AKM Consulting Engineers 553 Wald Irvine 949-753-7333 Ext. khankins akmce.com $0.00 Electronic 6/18/2013 9:40 Submitted Yes 255402 quantum quality Consulting,Inc 2720 Sepulveda Bivd.Suite 100 Torrance 310-891-3994 EA. fbigdeli thequantumconsulting.com $0.00 Electronic 6/18/2013 9:24 Submitted Yes 223296 Interwest Consulting Group 1076 Lincoln Place Boulder 714-202-0256 Ext. ktierney interwestgrp com $0.00 Electronic 6/18/2013 12:24 Submitted yes 255487 Ghirardelli Associates,Inc. 313 Lincoln Street Roseville 916-749-3285 Ext. jdurrett ghirardelliassoccom $0.00 Electronic 6/18/201315:18 Submitted Yes 255783 Newport Real Estate Services,Inc. 3184H Airway Avenue Costa Mesa 714-975-7676 EA. gallen nres.net $0.00 Electronic 6/18/2013 12:19 Submitted Yes 258641 Swinerton Builders 865 S.Figueroa St.,Ste 3000 Los Angeles 213-896-3408 Ext. mshawver swinerton.com $0.00 Electronic 6/18/201315:31 Submitted yes 101266 Psomas 3 Hutton Centre Drive Suite 200 Santa Ana 714-481-7982 Ext. amy.oelrich psomas.com $0.00 Electronic 6/18/201311:47 Submitted yes 178836 Dudek 605 Third Street Encinitas 760-207-3405 Ext. dmyers dudek.com $000 Electronic 6/18/201314:57 Submitted Yes 181100 Wallace&Associates Consulting,Inc. 1655 E 6th Street Suite A-4a Corona 951-966-7774 Ext. cart wallace-cm.com $0.00 Electronic 6/18/2013 14:42 Submitted Yes 199892 Vanir Construction Management 10 Corporate Park,Ste,130 Irvine 310-502-8876 Ext. scotty.galloway vanir.com $0.00 Electronic 6/18/2013 15:14 Submitted yes 208533 Richard Brady&Associates 17011 Beach Blvd Suite 900 Huntington Beach 714-375-6642 Est. ajohnson rbrady.net $0.00 Electronic 6/18/2013 14:38 Submitted Yes 214436 SA Associates 1130 W.Huntington Drive,Unit 12 Arcadia 626-821-3456 Ext kdancel saassociates.net $0.00 Electronic 6/18/2013 15:27 Submitted Yes City Of Huntington Beach r e. 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk g Joan L. Flynn, City Clerk August 15, 2013 Transystems, Inc. Attn: Steve Schmuker, VP 6700 East Pacific Coast Highway Suite 275 Long Beach, CA 90803 Dear Mr. Schmuker: Enclosed for your records is a duplicate original of the "Professional Services Contract Between The City of Huntington Beach And Transystems, Inc. For As-Needed Construction Management And Administrative Support Services." Sincerely, AT Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand