HomeMy WebLinkAboutWilldan & Associates - 2004-02-02 A-)
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Council/Agency Meeting Held: oZ
Deferred/Continued to:
�ifAp v ❑ Conditionally Approved ❑ Denied it ler ' Signa u e
Council Meeting Date: 12/17/2007 Department ID Number: 07-072
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL MEMBERS
SUBMITTED BY: PEN C LBRETH-GRAFT, DP , CITY ADMINISTRATOR
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECT0—R KS
SUBJECT: Approve Contract Amendment No. 2 with Willdan
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
An amendment to the Professional Services Agreement with Willdan is required to increase
the contract amount. The Public Works Department continues to employ Willdan to perform
Verizon Fiber To The Premises (FTTP) inspections.
Funding Source:
Funds in the amount of $150,000 are available in General Fund, Development Services,
Professional Services, Account No. 10085251.69365. Expenses will be offset by revenue.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to Agreement
between the City of Huntington Beach and Willdan for as needed Engineering Services.
Alternative Action(s):
Do not execute the agreement and direct staff on how to proceed.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: 07-072
Analysis:
On August 21, 2006, the City Council approved Amendment No. 1 for As Needed
Engineering Services with Willdan. Willdan is continuing to provide inspection services for
the Verizon FTTP project and augments city staff for inspection of Verizon FTTP
encroachment permits. Fees offset the contract cost for encroachment permit work. The
amount of $150,000 is estimated at this time. Actual costs will be determined by the
additional work on the FTTP infrastructure project, and by individual requests to connect to
the Verizon system.
The contract amount is proposed to increase by $500,000 for future engineering and
development processing needs. No change has been made to the original five-year term
that expires in January 2009.
Strategic Plan Goal:
1 - 1 Improve the City's plan for funding and completing infrastructure needs, and
develop strategies for resolving crucial infrastructure problems to preserve the physical
foundation of the community and enable the community's value to grow. C-2 Provide quality
public services.
Public Works Commission Action:
Not required for this action.
Environmental Status:
Not required for this action.
Attachment(s):
City Clerk's
Page Number No. Description
1. Amendment No. 2 to Agreement with Wilidan
-2- 12/3/2007 3:10 PM
ATTACHMENT # 1
AMENDMENT NO. 2 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WILLDAN FOR AS NEEDED ENGINEERING SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as
"CITY", and WILLDAN, a California corporation hereinafter referred to as
"CONSULTANT".
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated February 2, 2004, entitled"Professional Services Contract Between the City of
Huntington Beach and Willdan for As Needed Engineering Services"which agreement
shall hereinafter be referred to as the"Original Agreement;"and
CITY and CONSULTANT have previously amended the Original Agreement to
reflect additional compensation to be paid to CONSULTANT; and
CITY and CONSULTANT wish to further amend the Original Agreement to
reflect additional compensation to be paid to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled"Compensation,"is hereby
amended to read as follows:
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"to the original agreement, an additional fee not to
1
06-377.001/15209
exceed Five Hundred Thousand Dollars ($500,000.00),
including all costs and expenses. This additional sum shall
be added to the amended original sum of$1,500,000 for a
new total contract amount of Two Million Dollars
($2,000,000.00).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed by and through their authorized officers on j EMI. / , 200_�'
WILLDAN, a California corporation CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
Q
By:
AA E't//V
print name Sp, Mayor
ITS: (circle one)Chainman/Presiden ice President
q#&qj
AND ld ity Clerk
APPROVE4AS TO FORM:print name 7 O'7
ITS: (circle one) ecret hief Financial City Attorney Al d7
Officer/Asst. Secretary-Treasurer
INITIATED AND APPROVED:
Director of ub c Works
2
06-377.001/15209
NOV. 14. 2007 11 :55AM WGC ACCT_7149404934 NO. 357 P. 2
Clio t#:6540 WILLDAN
AC
RD. CERTIF CATE OF LIABILITY INSURANCE 0129107°"Y'
PRooucEa THIS CERTt ICATE IS ISSUED AS A MATTER OF INFORMATION
Dooley,Renton&Associates ONLY ANI 06NFERS NO RIGHTS UPON THE CERTIFICATE
P.O.Box 10560 HOLDER I$ CERTIFICATE DOES NOT AMEND, EXTEND OR
Santa Ana,CA 92711.0550
ALTER TH COVERAGE AFFORDED BY THE POLICIES BELOW,
714 427-6810 INSURERS AFFORDING COVERAGE
INSURED INSURER A. Zu chAmerican Insurance Co.
Willdan INsuRER B: Am ricah Automobile Inc.Co.
2401 E.Kotella Avenue Ste.300 INSURER C XL pecialty Insurance Co.
Anaheim,CA 92806
INSURER D:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED Be W HAVE BEEN ISSUED TO THE INSURED NAMED A ava: FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDI N OF ANY CONTRACT'OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORD D EY YHE POLICIES DESCRIBED HEREIN IS SUSJE TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN M RAVE BEEN REDUCED BY PAID CLAIMS.
N R TYPE OF INSURANCE POLICY NUMBER PR&WO I
D PIRA N LIMrm
• SP.NERALLwelLmr GI 0904316302 11/09/07 1109/08 EACHOCCURRENCB S1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE ft onalbo 111 D0000
cLwMs MADE [I OGDUR IN DIP.CONTRACTORS MED EXP oeo arson) s10 000
X CONTRACTUAL IN 4LUDED PERSONAL A 9W INJURY III."()0000
X BFPD.XCU GENZRAL AWAEGATE 121000,000
OEN'LAeGRIOATELIMTTARPLIESPER: PRODUCTS-COMP/OPAGG 000000
POLICY X PRO FT Lee
A AUTOMOSILELIABnJ Y SA P904316202 11/09/07 1/09/08
X ANY AUTO (EsMuddenl)SINGLE LIMIT S1,000,000
ALL OWNED AUTOS A0014Y INJURY
BCHEDULEDAUTOS (PerpaTcv,) I
X HIRED AUTOS
BODILYIWURY S
X WOWOMED AUTOS (Persed&rd)
(PeOPER -1
rr vcddh 1 S
A$ O
GARAGELUUSILTIY AUTO ONLY•FA ACCIDENT S
FORM
ANY AUTO r
•A� OTHER TrIAN EA ACC S
AUTO ONLY: AGO S
OCCESS L"UTY U D EAOH 0 CURRENCE I
OCCUR CLAIMS MADE OAE Cll�► 1I/Z AG TE $
DEDUCYIBLE I
RETENTION S S
$ W MRM COMPENBAWN AND WAP80955114 11/09/07 1/09/08 )( wG sTATLL oTN.
EMPLOYERS'41A81LftY
e.L.FACH ACCIDENT t1 000 000
E.L DISEASE-EAEMPLOYM 31 O,000
E.L DISFJS6.POLICVUMIT 11,000 0QO
C OTHER Professional DPR9609216 11/09/07 11109108 $1,000,000 per claim
iabilify $3,000,000 annl aggr.
DE6CRIPTION OF OPERATIOkSA-DCAMONSMEHIC4 63=LUSIONS ADDED BY ENOORSEMEN'nSPECUIL PROVIsIoN
General Liability policy excludes cli klmS arising out:of the performance of profess ional
Services.
Re,On-Call engineering services.- ity of Huntington Beach,its agents,
officers,and employees are Additio ial Insured as respects to General
(See Attached Descriptions)
C RTIF7CATE HOLDER ADD SURED•INSUREIILETI% =- n
EDESCI�EDPouciassmemeELLIDeavlonTHEE7�IRAnoN
City of Huntington Bea ING INSURER WIMMOMMMYGMAIL30DAYS WRITTEN
Attn:Todd Broussard HOLDERNAMEDTOTHELBPt
2000 Main Street R
PO Box 190
Huntington Beach,CA 92848 A NORIXED REP arnE
ACORD 254(7/97)1 of 2 #M 208003 RLL 0 ACORD CORPORATION 1988
i
I
NOV 14 2007 11 55AM WGC ACCT_7149404934 NO 357 P 3
DESCRIPTIONS (Continued from Page 1)
1-mblllty as required by wntten con tact
Professional Liab[lrty Deductible 1ero
(ANAHEIM)
i
U AMS 25 3(07197)2 of 2 #M20 403
NOV 14 2007 11 55AV WGC ACCT_7149404934 NO 357 P 4
APINVA
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iGu -Bid Forms
PohCv No &ff2340flbl Dale ofPol 1 Eff Date of End I Pm Add'1 Prem Ilion Preen
GLO904316302 11 /07 11/09/09 11/09/07 b ,Rwaton S NIA S N/A
I
THIS ENDORS EMENT CHANGES THE POIACY PLEASE IMAD IT CAUMFUL•Y
This endorser=t modif n ttisuradce provided under the
Comniorcial General La ihty Coverage Part
A. WHO IS AN INS (Section ID is amended to include as an manrcd anylperson or orgamzahon whom you arc required
to add as an additional psesnd on this policy wider a written conhacu or wrt iL agieeement
R. The insurance providix to addmonai=*ads applies only to"bodily mom' `ptoperty damage or"personal and advertts-
ing mluuy"covered uni er Section I,Coca*mCe A,BODMY INJ¢119tY AND PERTY DAMAGE r.reiatr.r T and
Coverage B.FERSOP AL AND AD`rER'1'ISING INJMY LWILITY, only if
I Tkac"bodily mjtm or`property damage"results from your negligence,and
2 The"bodily mI ',"properly damage or"pasoi.al and advertivug inl W results dtrecdy from}
a. Your ongumg operauons,or
b "1`ourwo&'complowd as included in the'"prodnets-completed opizations hazard',performed for the addinonal
insured,whxoh is I me subject of the wnttrn contracti or wrrittm agreemmem
C $owever,regardless of the ptovtstons of paragraphs A and B above
1 We will not exteni I any msmance coverage to any additional insured par me or organimtivu
a_ 'Iliat is not ed to you m this pohey or
b Tbat as any bi oader coverage than you are required to provide to th additxon&inwred peraao or organx7w4om in
the written cc ntract or written agreement,and
2 We will not prove c Lrmrrs of Imuramce to mqy addihonal insured pens or organization.that exceed the lower oP
a The Lints ad Ziusarance provided to you in this policy,or
b The Lmnis ol Isrance you am xNvued to pfovidc in the written w ntract or wiitren agreement
D Tlie m,sarance provided to the nildmonal insured person or o>Saniaation does j iot apply to
1 "Bodily dernasc"or`personal and advcrosuxg mjmy'That results solely from fiftftemce
of tlio addmonal i L=4 or
2 `Bodily w1ux ','property damage„or"personal and advexYiauag trigw arxsaig out of the rendering or faxkxre to
Tender any fessronal arclutecmral,enguxeersng or snrvevxng s ees mcludmg
tl GX 1r7s-A CM(AWJ
Pop 1 af2
I
NOV 14 2007 11 55AY WGC ACCT_7149404934 NO 357 P 5
The prfield cr dens,change orders or ddmwm to prepam or approve
gs and pa ifiea ms d opinions,repaxts,stuvoys,
b Su aory,�tispcct�on,architectural or cngsueonag achvttxe
E 'fhe additional im mted tmust see to at that
I We are nom ied as soen as urachcable of an"oboe"or offim m that may result m a clam
2 We rcmvq written notice of a cla=or"snmt"as soon as pracncaH e,and
3 A request f defense and mdemruty of the claim or"swt"will prc mptlybc brought against any policy issued by
another under whwh the W&twnal insured also has rights 2ft mnarued or addmooal uasared
F The mien noe pr mided by thu endorsement is pr mwy mmance and vm WX not seek ocWnbution from aay adw in-
mu==avmd6li to any ad&txwual msared person or orgmmmonuriless tbo other mstmdm is provided by a oontraetor
other than 3w the same opexabons and job location_Tbw we will&arc with than other msmuance by the x4ethod de-
senbed m,p h 4 c of SECTION TV-COMMERCXAL GENERAL LXAStLrrY CONATX'TON'S.
Any provmods m thm Coverage Part not cbaugod by tha terms and condr=s of Our,mclorsernent coolmuc to apply as wnt-
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U-M,1175-A,CW(9/03)
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CITY OF HUNTINGTON BEACH
41 Professional Service Contracts
Wo Purchasing Certification
Amendment # 2
Date Nov 26, 2007
1 Department Public Works
2 Requested By Eric Charlonne
3 Name of Consultant Willdan
4 Amount of Original/Prior Contract $1 million /$500,000
5 Additional Compensation Requested $500,000
6 Reason for Contract Amendment
On call services during construction
7 Are sufficient funds available to fund this contract? Yes ® No ❑
8 Business Unit and Object Code where funds are budgeted
1670
Department Head Signature ICH D AMADRIL
Central Services Manager
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Contract Amendment No 2
with Willdan
COUNCIL MEETING DATE: December 17, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable
Tract Map, Location Map and/or other Exhibits Not el
Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc Attached
t Applicable
(Approved as to form by CityAttorney)
Certificates of Insurance (Approved by the CityAttomey) Attached
Not Applicable ❑
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached
Not Applicable
Bonds (If applicable) Not Applicable
cable
Staff Report (If applicable) Attached
Not Applicable
Commission, Board or Committee Report (If applicable) Attached
Not Applicable
Findings/Conditions for Approval and/or Denial Attached
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARD D
Administrative Staff ( )
Deputy City Administrator Initial E
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Below SpaceFor Only)
N s --ha 0/0 .SZ70 n1 ErW 7c.�Fc,T
d a * l.
�. 3c-
RCA Author Charlonne
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L FLYNN
4i CITY CLERK
December 26, 2007
Willdan
27042 Town Centre Drive
Foothill Ranch, CA 92610
To Whom It May Concern
Enclosed for your records is a copy of Amendment No 2 to the Agreement Between the
City of Huntington Beach and Willdan for As-Needed Engineering Services
Sincerely,
Joan L Flynn
City Clerk
JF pe
Enclosure Agreement
G followup agrmtitr
Sister Cities Anjo, Japan • Waitakere, New Zealand
(Telephone 714 536 5227)
7 In
2006 AUG -8 PH 12: 33
Council/Agency Meeting Held: 60121LOI Ci ,
Deferred/Continued to:
16 App-Loved E3 Conditionally Approved L3 Denied ity
C oigatu're
[ "i
Council Meeting Date: 8/21/2006 Department In ijmhr, PW 06-056
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
'04 &"��
SUBMITTED BY: PEN�t�OPELBRETWGR."AFT, C TY I ATOR
AA1--
PREPARED BY5" ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUB CWORKS ��
SUBJECT: Approve Amendment to Willdan's Professional Services
Agreement
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The professional services agreement with Wilidan requires an
amendment to authorize additional funding to continue certain engineering services.
Funding Source: Funds are available within various capital improvement projects. For
special plan check or inspection services, funds may be expended from Development
Services, Professional Services, Account No. 10085251.69365.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute an Amendment No. I to
Agreement between the City of Huntington Beach and Willdan for As Needed Engineering
Services.
Alternative Action(s): Do not approve the amendment and direct staff on how to
proceed. This action may delay an ongoing water line installation capital project.
REQUEST FOR ACTION
MEETING DATE: 8/21/2006 DEPARTMENT ID NUMBER:PW 06-056
Analysis: On February 2, 2004, the City Council approved an agreement for as needed
engineering services with Willdan. These services include design, contract management
and inspection for construction contracts and encroachment permits. Willdan has
satisfactorily performed on several projects under this on-call contract such as the OC-9
water transmission design, Beach Boulevard landscape improvements and the Beach and
Taylor traffic signal design. They are continuing to provide services for current projects
including the OC-9 water line construction management and used to augment city staff for
plan checking and inspection of encroachment permits. Permit fees offset the contract cost
for encroachment permit work.
The contract amount is proposed to increase by $500,000 for future engineering and
development processing needs. No change has been made to the original five-year term
that expires in January 2009.
Public Works Commission Action: Not required
Environmental Status: Not applicable
Attachment(s):
City Clerk's
Page Number No. Description
1. Amendment No. 1 to Agreement between the City of Huntington Beach
and Willdan for as needed engineering services.
G:\R C A\2006\06-056 AUG 21 VERONE(Additional funds for Willdan).doc -2-
8/3/2006 3:31 PM
ATTACHMENT # 1
AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WILLDAN FOR AS NEEDED ENGINEERING SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY", and WILLDAN, a California corporation hereinafter referred to as
"CONSULTANT.".
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated February 2, 2004, entitled "Professional Services Contract Between the City of
Huntington Beach and Willdan for as Needed Engineering Services" which agreement
shall hereinafter be referred to as the"Original Agreement,"
CITY and CONSULTANT wish to amend the Original Agreement to reflect
additional compensation to be paid to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled"Compensation," is hereby amended
to read as follows:
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" to the original agreement, an additional fee not to exceed Five
Hundred Thousand Dollars ($500,000.00), including all costs and expenses. This
additional sum shall be added to the original sum of $1,000,000 for a new total
contract amount of One Million Five Hundred Thousand Dollars ($1,500,000.00).
06-377/3239 1
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on A7.L(,aZ-r d�, 200,6_.
WILLDAN
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
By: California
tC144-0-D Co !c
print name
ITS: (circle one) Chairman SDVice
President Mayor
AND
By: City Clerk 8� 01
pr t name APPROVED AS TO FORM:
IT : circl on Secreta hief Financia
Officer/Asst. Secretar reasurer
City Attorney lv 7-a y-o(.
�1�04
i APPROVED:
REVIEWED AND APPROVED:
Director o :Public Works
City Administrator
06-377/3239 2
' , Clien :6540 WIL. aN
ACORD. CERTIFICATE OF LIABILITY INSURANCE os1106`"
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Deatey,Renton&Associates (!6PK jU C ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O.Box 10550 �a, / HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Santa Ana,CA 92711-055Q '-`��T �r 6 ALTER THE COVERAGE AFFORDED BY 7tIE POI ICIES BELOW.
714 427=6810 INSURERS AFFORDING COVERAGE
INSURED muRERA: Zurich American Insurance Co.
Wilidan mummi. American Automobtte Ins.Co.
2401 E.Kateila Avenue,Ste.300 INsmmc: XL Specialty,Insurance Co.
Anaheim,CA 92806 INSURER ta:
INSURERF
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN MSUE0 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,EXCLAISIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
fNSR TYPE OF INSURANCE POLICY NUYBER POLICY EFFECT114E. POLICY EXPIRATION LIMITS
A GENERAL UABRITY GL0904316300 11109105` 11/09106 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(AAYa*Ike) f100O000
--
CLAIMS;MADE u OCCUR iNDP.CONTRACTORS MED W iAwomE!T--) $10 000
X CONTRACTUAL INCLUDED PERSONAL&ADV INJURY s1000 000
X BFPD,.XCU`' GENERAL AGGREGATE $2 000 000`
GEN'LAGGREGATELIMITAPPLIESPER PRODUCTS-COMPIOPAGG $2 00,000
POLICY Fx iM LOC
A -AUTOMOBILE LIABILITY BAP904316200 1110105 11109/06
COMB
SINGLE LIMIT
X' ANYAvrO (FiO'dEd) $1,000,000
ALL SCHEDULED AUTOS ED AUTOS
BODILY INJURY
X HIRED AUTOS BOOILYINJURY S
XZ_ NON-OWNED AUTOS (PerscOwl)
eo PROMTY.
DAMAGE i
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER
THANNLY. EA ACC
AUTOAGG i
EXCESS LIABILITY EACH OCCURRENCE. i
OCCUR I I CLAIMS MADE AGGREGATE S --
$
DEDUCTIBLE i`:;
RETENTION S' s
B WORKERS couPENSATION rwD WZP80936177 11/09105 11/09/06 X '^�sTATII orH
EMPLOYERS'LIABILITY .
U.EACH ACCIDENr s1 000 000
E-LDISEASE-EAEMPLQ S1O00,000`;.,
E.L:.DISEaSE`-POLICY ur,lm ��OLIO"°000'
C OTHER Professional DPR9415196 11/09105 11/09/06 $1"66O,000,per claim
Liability $3,000,000 annl aggr.
DESCRIPTION OF OPERATIONSILOCAnONSMEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTXPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
services AP OVED A TO/FORe:On-Call engineering services.--City of Huntington Beach,its agents,
officers,and employees are Additional Insured as respects to General
(See Attached Descriptions) ) IFBR cGRAT Attorney
oy
CERTIFICATE HOLDER_' ADomONAL INSURED INSURERLeMP-- CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
City of Huntington Beach L
ATE THEREOF, THE ISSUING INSURER W1q (q TOMNL3n DAYSWRITTEN
Attn:Todd Broussard NOTICETOTHE.CERTMATE NOI.DERNaMEDTOTNELEFr
2000 Main Street rt
PO'BOX 190
Huntington Beach,CA 92US 7V;Rl;lz;b RP.PPO ATM
ACORD 25-S(7197)1 of 2 #S162804IM142875 RLL 0 ACORD CORPORATION"1988 -
DESCRIPTIONS:(Continued:from Page'1).
Uability as required by written contract.
Professional Liability Deductible: Zero
(ANAHEIM)
AMS 25.3(07f87)2 of 2 #5162804/M142875
�
Additional Insured—Automatic Owners,Lessees Or ZUZCH
Contractors-Broad Form
PolicyNo. Eff.Mte of Pol Ex :Mte of Pol Eff.Date of Pad Producer Add'1 Preen I tatum Pitin.
GLO904316300 11/09/05 111/09/06 11/09/05 Dealey, $ N/A s N/A
Renton
THIS ENDORSEMENT'CHANGES THE POLICY PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability-Coverage Part
Additional insured Continued: City of Huntington Beach,its agents,officers and employees
A. WHO IS AN INSURED(Section<II)is amended to include as an insured any person or organization whom you are require]
to add as an additional insured on this policy wider a written contract or written agreement.
B. The insurance provided'to additional insureds applies only to"bode'ly-injury,;`$ropertydainage?'or"personal and advert s-
ing injury"covered under Section 1,Coverage&BODILY NNIJRY AND PROPERTY DAMAGE LIABILITY and
Coverage B,PERSONAL AND ADVERTISING INJURY LN BILffY,but only:if-.
1. The"bodily injury"or"property damage"results from your negligence and
2. The"bodily injury";"properly damage"or"personal and advertising injury"results directly 6'oin:
a. Your ongoing operations;or
b. "Your work'completed,as included in the"products-completed operations hazard',performed'forthe additional
insured,which is the subject ofthe 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 lnsurance 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 contract orwfittea agreement
D. The insurance provided to the additional insured person or organization does,not apply 1o:
1. 'Bodily injury',"property damage"or"personal and advertising injury"that results solely from negligence
of the additional insured,or
2. "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
U-GL-1115-A CW(9103)
Page 1 of 1
a. The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications;and
b. Supervisory,inspection,architectural or engineering activities.
E. The additional insured must see to it that:
1. We are notifred.as soon,as practicable of an"occurrence".or offense'flik'may result in'a claim;
2. ` We receive written notice of a claim or"suie as soon as practicable;and
3 A request for defense,and indeirmity of the claim or."suit"will.pma pay- brought against any policy issued by
another in under which the additional insured also has rights as ai insured',or additional insured.
F. The insurance provided by this endorsement is primary i nsurance-and we will not;seek=con tribution firom,anyvther in=
surance available to any addtiotnal insured person or organization Iunless;tt►e other insurance is provided by a contractor
other than you for the same operations and job location.Then we will share with that.other insurance by the method de-
scribed in paragraph 4.c.of SECTION TV-COMMERCIAL GENERAL L ABIIdTY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ=
ten.
U-GL-1175-A CW(9/03)
Page 1 of 2
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
Amendment # 1
Date: 8/7/2006
1. Department: Public Works
2. Requested By: Eric R. Charlonne
3. Name of Consultant: Willdan
4. Amount of Original/Prior Contract: $1,000,000
5. Additional Compensation Requested: $500,000
6. Reason for Contract Amendment:
Ongoing construction project has necessitated an extension in the project
management and inspection services performed by Willdan
7. Are sufficient funds available to fund this contract? Yes ® No ❑
8. Company number and object code where funds are budgeted:
XJ/d
Department Head Signature RICHA AMADRIL, Manager
rev P".Ir.a. Central Services Division
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Amendment to Willdan's Professional Services
Agreement
COUNCIL MEETING DATE: August 21 , 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached
Contract/Agreement (w/exhibits if applicable) Not Applicable ❑
Signed in full by the City Attorne
Attached ElSubleases, Third Part Agreements, etc.
Y 9 Not Applicable
Approved as to form by City Attome
Certificates of Insurance (Approved b the City Attome Attached ❑
pp Y Y Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑
Attached ❑
Bonds (If applicable) Not Applicable
Staff Report If applicable) Attached ❑
P ( pp ) Not Applicable
Commission, Board or Committee Re ort If applicable Attached El
P ( pp ) Not Applicable
s/Conditions for Approval and/or Denial Attached ElFindin
g pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
-City Administrator Initial
City Clerk
EXPLANATION'FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Verone
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 25, 2006
Willdan
27042 Towne Centre Dr.
Foothill Ranch, CA 92610-2810
To Whom It May Concern:
Enclosed for your records is a copy of Amendment No. 1 to the
Agreement Between the City of Huntington Beach and Willdan for As
Needed Engineering Services.
Sincerely,
?an L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:fo11owup:agrmt1tr
(Telephone:714-536-5227)
CITY OF HUNTINGTON, H C-
MEETING DATE: February 2, 2004 DEPARTMENT ID NUMBER:PW 04-01
Council/Agency Meeting Held: =i 1
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Ci e rkygnature
Council Meeting Date: February 2, 2004 Departmen ID Number. PW�4-Q 1
CITY OF HUNTINGTON BEACHREQUEST FOR FOR ACTION _
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: RAY SILVER, City Administrator 6W
PREPARED BY�OBERT F. BEARDSLEY, Director of Public Works
rR/q!Z___1
SUBJECT: Approve General Civil On-Call Professional Services Agreement
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Public Works Department requires General Civil Engineering
services on an as-needed basis. Contracts for the City's current consultants have recently
expired and new contracts are required to continue those services.
Funding Source: Funds are available within budgeted capital improvement projects.
Recommended Action: Motion to: r
Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts
with AKM Consultants, Harris and Associates, Richard Brady and Associates, and Willdan.
Alternative Action(s): Do not authorize agreements and direct staff to request proposals
from other engineering firms to complete current projects. This action would result in
additional unbudgeted expenditures for additional design costs. Projects could be delayed a
minimum of one year. Grant funding could be jeopardized.
.l I
�r
G:\R C A\2004\04-011 Feb 2 Broussard Gen.Civil On Call .doc 7
1/14/2004 10:41 AM
0 0
REQUEST FOR ACTION
MEETING DATE: February 2, 2004 DEPARTMENT ID NUMBER: PW 04-011
Analysis: In 2003, the City entered into contracts with four firms to provide on-call
professional engineering services. These contracts have recently expired and the new
contract process requires City Council action to extend the contracts to complete existing
projects as well as permit staff to authorize additional services. The original contracts were
written to include annual extensions as agreed to by the City. The proposed new contracts
allow for a five-year contract term with a total budget not to exceed $1,000,000 per contract.
It is to the City's benefit to retain qualified firms for capital project design and engineering.
Project assignments are rotated among the consultants, taking advantage of their various
specializations. The alternative to on-call design is the preparation of documents and
requesting proposals for individual projects. With over 50 budgeted projects to complete over
the next two years; the on-call process provides significant savings in staff hours.
Public Works Commission Action: Not required.
Environmental Status: Not applicable
Attachment(s):
City Clerk's
. . - Number No. Description Professional Services Contract with AKM Consultants
2 Professional Services Contract with Harris and Associates
3 Professional Services Contract with Richard Brady and Associates
4 1 Professional Services Contract with Willdan
RCA Author:T. Broussard
G:\R C A\2004\04-011 Feb 2 Broussard (Gen.Civil On Call).doc
1/14/2004 9:56 AM
ATTAC H M E N T
#4
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF TTEM APPROVED BY THE CITY COUNCILi
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: :R - T - D
TO: /LL.L� ATTENTION: Z-A� 4A)A)f}-
Name �Y
o�-7-1-o ,�nJC"1�7U DEPARTMENT:
Street� REGARDING:1QG06Cd
City,State,Zip ��w
See Attached Action Agenda Item Date of Approval oZ - —0 5�
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page ✓ Agreement '/Bonds Insurance
RCA Deed Other
Nam f eat RCA Agreera`t Insuran: Other
/ _QU SSS#iLb �L fS . ✓ �- ✓
N eat RCA Age— t Insuran.= Other
Name Drpartment RCA Ageem= Insurame Other
Name Department RCA Ageern-s Insurance Other
Name Department RCA Insuran--
(Telephone:714536-5227)
• •
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WILLDAN FOR AS NEEDED ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this A"� day of
FL �y 20 0 , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and WILLDAN, a
California corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide as-
needed engineering 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 described as individual
engineering projects on an as-needed basis as directed by CITY. These services shall
sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all
engineering functions as set forth in a written Scope of Work to be provided in advance of
each PROJECT.
CONSULTANT hereby designates Lisa Penna who shall represent it and be
its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
03agree/willdan/12/22/03 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY(the
"Commencement Date"). This Agreement shall expire on February 1, 2009, unless sooner
terminated as provided herein. All tasks shall be completed no later than five (5) years
from the Commencement Date of this Agreement. These times may be extended with the
written permission of CITY. The time for performance of the tasks are generally to be
shown in individual proposals on an as-needed basis This schedule may be amended to
benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in the
original proposal for as-needed services, a fee, including all costs and expenses, not to
exceed One Million Dollars ($1,000,000.00).
5. EXTRA WORK
In the event CITY requires additional services or changes in the scope of
services, 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.
03 agree/wilidan/12/22/03 2
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "A."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful 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
03agree/willdan/12/22/03 3
0 •
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's-professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
03agree/willdan/12/22/03 4
• 0
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. shall 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
03agree/willdwV12/22/03 5
i
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.
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
03agree/willdan/12/22/03 6
i
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 Lisa Penna
ATTN: Todd Broussard Willdan
2000 Main Street 27042 Towne Centre Drive- S u.1 TE
Huntington Beach, CA 92648 Foothill Ranch, CA 92610-2810
yn
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.
03agree/willdan/12/22/03 7
• 0
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 curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
03agree/willdan/12/22/03 8
0 0
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 non-prevailing party.
03agree/willdan/12/22/03 9
• !
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
03agree/willdan/12/22/03 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
WILLDAN CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
By: California
C�.)l
• L.
print name
ITS: (circle one)Chairman/Presiden ice esident Mayor
AND ATTEST:
By. `,
print name CityCity Clerk
ITS: (circle one)Secretary/Chief Financial Officer ss.
cret Treasurer APPROVED AS TO FORM:
p
City Attorney y l
REVIEWED AND APPROVED: 6'j
I?ATMDAPPROVE
Ci Administrator
Director o ublic Works
03agree/willdan/12/22/03 1 1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WILLDAN FOR AS-NEEDED 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.........................................................................................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 Entirety......................................................................................................................10
EXHIBIT "A"
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.
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;
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 the written Scope of Work 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.
Clien 0 ILLDGROU
ACORD. CERTIFICATE OF LIABILITY INSURANCE 1DATE
2/03/2003(MMICIONY)
PRODUCER / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
• Dealey,Renton&Associates �00. D ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
• P.O.Box 10550 C�-r-y e� �,.T -T�Py HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana,CA 92711-0550
714 427-6810 INSURERS AFFORDING COVERAGE
INSURED Wilidan OP V 7-0S/�-f'l �V INSURER A: Hartford Fire Ins.Co.
2125 E.Katelia Avenue,Ste.200 -o INsuRERe: American Automobile Ins.Co.
Anaheim,CA 92806 INSURER C: Security Ins.Co.of Hartford
INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L SR TR TYPE OF INSURANCE POLICY NUMBER PpLIC�TEY EFFEMjDCTIVE POLIT Y ExPIRATION LIMITS
A GENERAL LIABILITY 57CESOA1661 11/09/03 11/09/04 EACH OCCURRENCE $1000000
txCC01'1111NT
MERCIALGENERALLIABILITY II FIRE DAMAGE(Any one fire) $1000000
CLAIMS MADE ❑X OCCUR INDP.CONTRACTORS I MED EXP(Any one Person) $10 000
RACTUAL _—_ INCLUDED. PERSONAL&ADV INJURY $1,000 000
X_BFPD�XCU,OCP j i GENERAL AGGREGATE f2 000,000
GENLAGGREGATELIMITAPPLIESPER: j PRODUCTS-COMP/OPAGG E2.000�000
POLICY X PRO- X LOC —� -- _
A AUTOMOBILE LIABILITY 57UENUL9643 1 11/09/03 11/09/04 COMBINED SINGLE LIMIT
i
X �ANYAUTO I (Eaaecident) ,$1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per Person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
i
. PROPE AGE S
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO i OTHER THAN EA ACC S
I I
AUTO ONLY: AGG S
EXCESS LIABILITY_ I EACH OCCURRENCE S
J OCCUR CLAIMS MADE AGGREGATE `--
S
DEDUCTIBLE $
I RETENTION S $
B WORKERS COMPENSATION AND WZP80917259 11/09/03 11/09/04 X VAC STATU- j 11
F8
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $1,000,000
E.L.DISEASE-EA EMPLOYEE $1,000,000
E.L.DISEASE-POLICY LIMIT S1,000,000
C OTHER Professional XAE0235189 12/01/03 i 12/01/04 $1,000,000 Per Claim
�iability $3,000,000 Anni Aggr.
I j
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
General Liability policy claims excludes claims arising out of the performance of AP OVED A TO F RM:
professional services.
'Security Insurance Company of Hartford is 100%reinsured by XL Specialty Insurance
Company which is rated A+XV by A.M.Best and Company. JlfFii McGRATH,City Attorney
(See Attached Descriptions)
CERTIFICATE HOLDER AD0ITIONALINSURED•INSURERLETTER: CANCELLATION Ten Day Notice for Non-Paymeot of Eremilim
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL 9j(R*eA%XXTPMAIL3.0--_DAYS WRITTEN
Attn:Todd Broussard NOTICETOTHE CERTIFICATE HOLOERNAMED TOTHELEFT,BKWA% Rx1a7Q7Q XAXXIXXx
2000 Main Street ro XOI AMNXICRXXXXzxXenoXXXX MX)x
PO Box 190 XMffjH6>EX7FAWM
Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE
i
ACORD 25-S(7/97)1 of 2 #M81153 LL 0 ACORD CORPORATION 1988
� r 1
DESCRIPTIONS (Continued from Page 1)
Re:On-Call engineering services.-City of Huntington Beach,its agents,
�- officers,and employees are Additional Insured as respects to General
Liability.(AI/X) (ANAHEIM)
AMS 25.3(07/97)2 of 2 #M81153
0
POLICY NUMBER: 57CESOA1661 COMMERCIAL GENERAL LIABILITY
• THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington Beach
Attn: Todd Broussard
2000 Main Street
PO Box 190
Huntington Beach, CA 92648
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11)is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of"your work"for that insured by or for you.
Name of person or organization continued: its agents, officers, and
employees
CG 20 10 11 85
RCA ROUTING SHEET
INITIATING DEPARTMENT: PUBLIC WORKS
SUBJECT: Approve General Civil On-Call Professional Services
Agreements
COUNCIL MEETING DATE: February 2, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorne ) Not Applicable
Certificates of Insurance (Approved by the CityAttomey) Attached
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial cz
City Administrator Initial crow y
N71ty Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author T. Broussard x 5247