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HomeMy WebLinkAboutEngineering Resources of Southern California, Inc. - 2010-04-05Dept. ID PL 14-009 Page 1 of 3 Meeting Date: 5/19/2014 6 (Mfbiho 4ssod;r) CITY OF HUNTINGTON BEACH REQUEST FOR, CITY COUNCIL ACTION MEETING DATE: 5/19/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of amendments to two existing contracts between the City of Huntington Beach and CSG Consultants, Inc. for Building Plan Review Services and Engineering Resources of Southern California, Inc. for As -Needed Engineering Services for plan check services; and, approve the increase in the Planning and Building Department's Professional Services listing authority b $500,000 Statement of Issue: This is a request to amend two existing Professional Services Contracts between the City and CSG Consultants, Inc. and the City and Engineering Resources of Southern California, Inc. The contract with CSG Consultants, Inc. for building plan review services would be increased by $500,000 and extended for one additional year. The current contract with Engineering Resources of Southern California, Inc. requires an increase of $140,000. Both contract amendments are needed to continue providing building and engineering services, including professional plan review check services. Financial Impact: The CSG Consultants' contract amendment will not require additional appropriation as it will be funded from projected salary savings of $320,000 in the FY 13/14 Planning and Building approved budget and $180,000 in the FY 14/15 budget. Funds for As -Needed Engineering Services will be funded from savings in the FY13/14 Public Works approved budget. Recommended Action: A) Approve the increase in the Planning and Building Department's professional services listing authority by $500,000 for plan check services to ensure compliance with Administrative Regulation Number 228, Section 7.1.; and, 52, pry B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 3 to Agreement between the City of Huntington Beach and CSG Consultants, Inc. for Plan Review Services" tS (Attachment No. 1); and, F C) Approve and authorize the Mayor and City Clerk to execute an "Amendment No. 2 to Agreement between the City of Huntington Beach and Engineering Resources of Southern California, Inc." for as -needed engineering services, by increasing the contract amount by $140,000 (Attachment No. 6). HB _255_ Item 12. - 1 Dept. ID PL 14-009 Page 2 of 3 Meeting Date: 5/19/2014 Alternative Action(s): The City Council may make the follow alternative motion(s): 1. Deny Amendment No.3 to the Agreement between the City and CSG Consultants, Inc. 2. Deny Amendment No.2 to the Agreement between the City and Engineering Resources of Southern California, Inc. This action may delay mandated processing times for development (plan check) services for development projects. 3. Continue the item and direct staff accordingly. Analysis: Applicants who submit development projects to the City pay fees for plan review services and expect reasonable service levels. When City staff can no longer meet the demands of increased development activity, these services have historically been supplemented with professional services provided by engineering consultants. This approach is a cost effective method of closing the gap between the demands for plan check services and the ability of City staff to meet this demand. Building Plan Review Services On August 20, 2012, the City of Huntington Beach approved a two-year, three hundred thousand dollar ($300,000) contract with CSG Consultants, Inc. for plan review services (Attachment No. 4). Subsequently, on May 6, 2013 City Council approved Amendment No. 1 to the contract for an additional $340,000 for a total contact amount not to exceed $640,000 (Attachment No. 3). On September 3, 2013, City Council approved Amendment No. 2 to the contract for an additional $100,000, not to exceed $740,000 (Attachment No. 2). Currently, there is no staff to perform certain plan review services (specifically structural building plan checks). Therefore, outside consultants are continuing to be utilized. The original contract was funded by salary savings and the first and second amendments were funded by increased revenues collected from building plan review services. In the last 18 months those funds have been exhausted due to the increase in development activity throughout the city, including submittal of numerous mixed use and commercial projects along Beach and Edinger corridors. This increase in activity is anticipated to continue with the upcoming submittals of large residential, commercial, and mixed use projects along Pacific Coast Highway and Edinger Avenue. With this increase in activity, it is necessary to extend the contract one additional year and increase the amount by $500,000 not to exceed $1,240,000. Engineering Plan Review Services The demand for plan check services for the remainder of the current fiscal year and future fiscal years is expected to continue to increase due to the rebound in the economy. Several large development projects are currently being processed or will be submitted very shortly, including Pacific City (residential, commercial and hotel), residential subdivisions at the former Lamb and Wardlow school sites, the proposed Edinger Hotel and other large projects within the Beach Edinger Corridor. In compliance with Chapter 3.03 of the Municipal Code, Public Works Engineering staff solicited proposals from engineering firms for as -needed general development engineering services, and on April 5, 2010, City Council approved a Professional Services Agreement with Engineering Resources of Southern California, Inc. for these engineering services. On Feb 4, 2013, Amendment No. 1 to this Agreement was approved by City Council, which extended the contract time period to April, 2015. Now, in order to continue to provide on -going general development engineering services and maintain acceptable levels of customer service, it is necessary to amend this contract Item 12. - 2 14B -_2s6- Dept. ID PL 14-009 Page 3 of 3 Meeting Date: 5/19/2014 to increase the contract amount by $140,000 to a total of $740,000. No additional funds are requested as these services will be funded by savings in the current 13/14 budget, and no other changes are being proposed to the current contract that expires in April, 2015. Environmental Status: The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Amendment No. 3 to Agreement between the City of Huntington Beach and CSG `„}✓ Consultants, Inc. for Plan Review Services '56S, V��, , P" 2. Amendment No. 2 to Agreement between the City of Huntington Beach and CSG Consultants, Inc. for Plan Review Services {ca&�1r 3. Amendment No. 1 to Agreement between the City of Huntington Beach and CSG L �b� Consultants, Inc. for Plan Review Services 600' 4. Original Professional Services Contract between City of Huntington Beach and CSG Consultants, Inc. for Plan Review Services 5 Professional Service Approval orm Amendment # 3 6. Amendment No. 2 to Agreement between the City of Huntington Beach and Engineering Resources of Southern California, Inc. 7. Original Contract for Professional Services between the City of Huntington Beach and Engineering Resources of Southern California, Inc. Item 12. - 3 ATTACHMENT #6. AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITE' OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. 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 Engineering Resources of Southern California, Inc., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated April 5, 2010, entitled "Professional Services Contract Between The City of Huntington Beach And Engineering Resources of Southern California, Inc., For As -needed General Development Engineering Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish increase the compensation amount in order to provide for the performance of additional tasks by Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: COMPENSATION The not to exceed amount of compensation of the Original Agreement is hereby increased by One -Hundred Forty Thousand Dollars ($140,000.00). The new not to exceed amount shall now be Seven -Hundred Forty Thousand Dollars ($740,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 14-4212/ 109024 ENGINEE�r&�RCES OF SOUTHE ALIF _ IA. INC. By: John M. Brudin print name TTS: (circle one) Chairma resident%Vice President �1' Ronald Worthingtoh print name ITS: (circle one Secreta /Chief Financial Officer/Asst. Secretary - Treasurer REVIE D APPROVED: i Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: Director of Public Works APPROVED AS TO FORM: F City Atta1 ey 4-ICn•(� 14-4212/ 109024 2 ATTAC H M E N T #7 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HU TINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. OERSC SNC") FOR AS -NEEDED GENERAL'DEVELOPMENT ENGINEERING SERVICES THIS AGREEMENT {"Agreement"} is made and entered into by and between the City. of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and ERSC INC a California hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide engineering services on an "as -Weeder" basis and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference, These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby' designates Matt Bvudin, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agreei surfnet/profossional sves mayor l2/07 1 of 11 Item 12. - 3 0 1113 -2 s4- 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 on G. 20 -ic (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 seven hundred and fifty thousand Dollars ($750, 000.00 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/ surfnet/pro essional Svcs mayor 2 of 11 12107 HB -285- Item 12. - 31 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANTS (or CON'SULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree( surfnet/prefessional Svcs mayor 3 of I I 12/07 Item 12. - 32 14B -286- 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 CONSUL.TANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/ surfnei/professional Svcs mayor 4 of 11. 12/07 1 Ili -22b7- Item 12. - 33 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/ surfnet/professional svcs mayor 5 Of 11 12/07 Item 12. - 34 FIB -288- 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 M 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. COPYRIGHTWATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/ surfnet/professional secs mayor 6 of 11 12,107 HB -2289- Item 12. - 35 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 Califomia'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 I 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 ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT ENGINEERING RESOURCES OF SGJTHRRX CALIFORNIA, INC. ("ERSC INC") Attn: Matt Bru din, President 3550 E. Florida Ave., Suite B Hemet„ CA 92544 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event, agree/ surfnet/professional sves mayor 12/07 7 of I I Item 12. - 36 1-113 -290- 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree( surfnet/professional secs mayor 8 of 11 12/07 H3 -291- Item 12. - 37 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each, of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEYS 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. "d surfnet/professional svcs mayor 9of 11 12/07 Item 12. - 38 1413 --*-,)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. 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 helg by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that part), or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/ surfhetiprofessional secs mayor 10 of 11 12/07 HB -29' ) - Item 12. - 39 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council, This Agreement shall expire when terminated as provided herein. CONSULTANT, ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. ("ERSC INC") C Y NAME By: _ print nam ITS: (circle one) Chairma 'reside Mce President AND Bv. �t ALa v tf print name IT circle one) Secretary/Chief Financial Officer/Asst. �ecretaryj Treasurer agree( snrfnetiprofessional sves mayor 12/07 LNITIATED AND APPROVED: Tratr; u Nouns Director/'Chief APPROVED: Administrator APPROVED AS TO FORM: r 11 of 11 &,Xity Attorney Item 12. - 40 xB -294- A. STATEMENT OF WORK: CONSULTANT shall provide consulting services on an "as -needed" basis for General Development Engineering projects to be determined during the term of the agreement, During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT, CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall follow provisions specified in the City of Huntington Beach As -Needed General Development Engineering Services Scope of Work shown in Exhibit A. 1. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES. 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to the CONSULTANT. A project schedule will be developed for each project assigned by CITY. Section A, Page I of I 1113 -295- Item 12. - 41 EXHIBIT A. l SCOPE OF WORK The City is seeking qualified engineering consultants with experience under the following capacity: The Consultant shall provide qualified individuals to perform land development plan review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested, and to also perform other general engineering tasks when applicable to City's Capital Improvement Program. The City may, as deemed necessary, provide a furnished work area (including telephone, etc.) at City Hall. The general scope of work to be performed shall include, but not be limited to, the following. Read, understand and evaluate geotechnical, hydrologic, hydraulic, traffic, drainage, legal survey, environmental and other related reports that pertain to the planning, design, review and construction of private and public infrastructure improvements. ➢ Read, understand, implement and/or prepare "Conditions of Approval" or entitlement documents, EIR's and other reports as related to the planning, design, review and construction of private and public infrastructure improvements. Perform plan checking, peer review, clerical and other duties as needed or requested. Understand, prepare and review legal descriptions, survey and easement documents or maps as needed and requested. A Coordinate plan checking and development processing between various City sections and departments as requested. Tabulate comments and prepare City response letters to applicants, the public and with all utility agencies as required. r Calculate and check quantity estimates, fees, bonding amounts, shop drawings and design calculations as submitted with plans and applications. Maintain all necessary documentations for funding agencies, monitoring agencies and compliance information as required, including final closeout documentation. ➢ Meet with developers, engineers, contractors, consultants, the general public and others as required to discuss, or make recommendations concerning development, public right- of-way improvements, reports, processing requirements, entitlement issues, construction and related issues. ➢ Provide additional backup services as -needed or requested which will promote the expeditious and efficient processing and service goals of the City of Huntington Beach. ➢ Read, understand and evaluate Landscape Architectural plans, Arborist reports and recommendations, the Huntington Beach Zoning and Subdivision Ordinance, the Huntington Beach Municipal Code, Water Ordinance, irrigation plans, construction plans and planting plans as they relate to Conditions of Approval for private developments, and high quality construction techniques acceptable in the City of Huntington Beach, Section A.1, Page 1 of 2 Item 12. - 42 HB -296- > Perform onsite reviews to determine design restrictions, parameters, provide entitlement reviews and provide Conditions of Approval for all projects relating to Landscape Architecture and also relating to tree growth impacts to infrastructure and private property improvements. Must have the knowledge, background and practical experience to be able to analyze and enforce CEQA and the City of Huntington Beach tree replacement requirements. > Inspect and make recommendation to enforce City Codes and the implementation of the City approved landscape plans to guarantee proper installation meeting the requirements of the approvals. > Provide additional as -needed engineering expertise and support for City of Huntington Beach CIP projects, Special Requirement: Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Section A. 1, Page 2 of 2 H B _-197 Item 12. - 43 I W _W• ' �11 Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. 1 All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTAN17s firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. 'Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Item 12. - 44 1 TB -299- 5. 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. HB -299- Item 12. - 45 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY [F HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUMEamcALzFORNIA' INC. FOR AS -NEEDED oumsRmL oEvELoonuNr sNozNaoazmG aEevzcmo Table ofContents lScope u{Services ..................................................................................................... l 2 City Staff Assistance, ...... -............................................. '~... .... ............. ^-^~`~2 3 Term; Time ofPecDorozaone........................................... --''~^^-~-'-~'-~'^'2 4 Compensation ............................................................ ............. `-~-^`~'~~`'^^'2 5 Extra Work .................................... .................................. ~~^'^'~~^'-^-'-~~~'2 6 Method of Payment .......................... ........................ ---~-,,.-~,-~`.~^^.^3 7 Disposition o{Plans, Estimates and Other Documents ................. .................... ...... 3 8 Hold Harmless ............................................................. .......... '............... '-^^'~'''3 9 Professional Liability Insurance ...-.-.-..--,_..-.^..---..,-_.---~-''4 10 Certificate nflnmuzmuoe-.......... .......................................... ........ ...... ~^^~`~~'-5 11 Independent Contractor .............................. ___ ...... -___ `'~.................. ... ^^'~^-'» 12 Termination of ._-............................................................................... 13 /\ ssignment and Delegation ..-.--...................................................................... 14 ...... ........ ._........ ................. --..................... ................... 15 City Employees and Officials .................................................................................. 16 Notices ............................ ~'~^'^''^^^^-^-~^---''~~^`-~^'/ 8 l7 Ccmxcm1..----....,..~--..~......~.^_-..^.~....~-'-'-~'-~''`'^'^`' 18 Modtficudun...................................................... ........... ........ .................................. « 19 8enduo Headings ............................... ....... .................................... -'`'~^-^-'-'» 20 Interpretation of this Agreement .... ........... ....................................... ^---''~''`'''* .9 21 (jrb�o�..-..........^.--.-..~.'......--..~^.`_.^^-~--^`- 22 lmmigration .............................. ,.._~,_,~~......................................................... 9 23 Legal Services Subcontracting Prohibited ................................. .,..... ... .............. 9 24 oFees ........ ............................ ...................................... ............. ...... ....... 1O 25 Survival10 -^.-...--.'--.~.....,..',._,,,,^,^~_~.,,,,,~,,^^_.,.,,._,_ I0 26 Lom�-.'--.....-.,.-.,.~.-'-..^..''`~-~~^~-^'~-'-''-^- lU 27 em.--.---...-.^-^`^-^'-^^--'^'^-^^^'-'^''^''^-'^^-`-~-~ 28 Entirety lU � -~.~~.~.-....^_~_,.,.,,__..~,,.,,,_~_,~,^.,.^,_._.,. 29 Effective Date Il T1� Item,�.-4v O8-3N0- AeCOR& DATE (MM1DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 1 02/22/10 PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cavignae & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 B street Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I — San Diego, CA 92101-8005 1 certificates(9cavignac.com INSURERS AFFORDING COVERAGE I NAIC # INSURED INSURER A: TRAVELERS PROPERTY CAS CO OF AMER 1 25674 Engineering Resources INSURER B: TRAVELERS IND CO OF CT 125682 3550 E, Florida Avenue Suite B INSURER C; TRAVELERS CAS INS CO OF AMER 119046 INSURERD:EMSCIN INS CO 25054 Hemet, CA 1 92544 INSURER E: 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, 1NSR kDqDp'POLICY- TYPF OF INSURANCE POLICY I1 MICYEFFECTIVE POLICYEXPI.ON LIMTS A GENERAL LIABILITY X COMMERCIALGENERAL LIABILITY 7 CLAIMS MADE 7 OCCUR 6804769LI26 09/01/09 09/01/10 EACH OCCURRENCE $ 1,000,010 GE 0 1 E PREMIS ISO curre', $ 1,000,0 )0 MED EXP (Any one-pareon) $ 10,000 PERSONAL &ADV INJURY 5 1,000,000 No Deductible LX_ Separation of Insured i GENERAL AGGREGATE s 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY FX PRO- PRODUCTS - COMPIOP AGG 1 $ 2,000,000 1 , Employee Benefits 11000,000 AUTOMOBILE —x LIABILITY ANYAUTO BA4914L684 09/01/09 09/01/10 COMBINED SINGLE LIMIT (Ea acddent) $ 11000,000 ALL OWNED AUTOS SCHEDULED AUTOS A� NNVTE ID A� T BODILY INJURY (Per pemon) $ BODILY INJURY (Per acoldent) $ HIRED AUTOS NON -OWNED AUTOS CGEU T T ty Tr it, LA) C Vvy PROPERTY DAMAGE (For accident) I $ GARAGE LABILIT Y IRANY AUTO ONLY -EA ACCIDENT S AUTO OTHER THAN EA AGO AUTO ONLY: AGG S $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE _Is I 7 OCCUR EICLAIMS MADE $ DEDUCTIBLE X "TATU C RETENTION S WORKERS CDIAPENSATION AND EMPLOYERS` LIABILITY Y/N ANY PROPRIETORTARTNEWEXECUTIVE f--j OFFICERIMEMBER EXCLUDED? (Mandatory In NH) UB709SY21A 09/01/09 -- 09/01/10 E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE 51,000,000 E,L. DISEASE - POLICY LIMIT. $1,000,000 lIrs.describe under AL PROVISIONS below SPECIAL I OTHER Professional Liability Claims made, defense costs ARE7237900 09/01/09 09/01/10 Each Claim 11000,000 'Aggregate 2,000,000 I included within limit I- DESCRIPTION OF OPERATIONS I LOCATIONS 1VEHI—CEES I EXCLUSIONS ADDED By ENDORSEMENT/ SPECIAL PROVISIONS Proof of Coverage SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Huntington Beach TO THELEFT, BUT FAILURE TODO 60 SHALL Director of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2000 Main Street REPRESENTATIVES. AUTHORIZED REPRESENTATIVE A64 Huntington Beach, CA 92348 I I USA ACORD 25 (2009101) Harvey a 1988-2009 ACORD CORPORATION. All rights reserved. 14509977 The ACORD name and logo are registered marks of ACORD HB -301- Item 12. - 47 Date: 2/23/2010 Project Manager: Duncan S. Lee Requested by Name if different from Project Manager: Department: Public Works PARTS I & 11 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & /I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. 2) Contract Number: PWK 010 007 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 750,000 4) Is this contract less than $50,000? El Yes No 5) Does this contract fall within $50,000 and $100,000? M Yes Z No 6) Is this contract over $100,000? N Yes F No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? El Yes 0 No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. dd 9-1 - - z 6 Director ofFinance (or designee) Signature Date Item 12. - 48 HB -302- Date: 11117/2009 Department: Public Works Requested by: Duncan Lee, Principal Civil Engineer PARTS I AND II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED AND SIGNED FOR APPROVAL THIS FORM MUST BE FILED WITH ALL APPROVED CONTRACTS. (This section must be completed by the requesting department and signed by the City Administrator before proceeding with the solicitation or contract Process.) 1) Briefly provide the purpose for the agreement: The selected consultants) shall provide qualified individuals to perform land development review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested, and to also perform other general engineering tasks when applicable to City's Capital Improvement Program. Current as -needed development engineering contract with City expires January 16, 2010. Due to budget contraints and the current hiring freeze, City staff will continue to require the supplemental support to meet time sensitive development project.deadlines. 2) Estimated cost of the services being sought, $ 500,000 over 3 year term 3) Are sufficient funds available to fund this contract? Z yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract may require approval from the City Council.) ►f ■ • 5) Business Unit and object Code where funds are budgeted: 50685201-69365.10085251.69365 6) Check below how the services will be obtained: A Bid solicitation process in accordance to the MC 3.03,060 procedures will be conducted. ❑ MC &03.08(b) —Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Duncan Lee, Principal Civil Engineer Project Manager Name Head Signature I-1B -303- Item 12. - 49 List of Consultants Submitted Proposals (January 2010) For City's As -Needed Development Engineering Services "RFP" Engineering Resources of Southern California, Inc. 3550 E. Florida Ave., Ste. B Hemet, CA 92544 Attn: Mr. Matt Brudin, P.E., President Phone (951) 765-6622 Tetra Tech 16241 Laguna Canyon Road, Ste 200 Irvine, CA 92618 Attn: Mr. Joe Hartge, P.E., Senior Manager Phone (949) 585-1211 FAX (949) 727-7097 Wilidan 2401 E. Katella Avenue, Suite 450 Anaheim, California 92806-6073 Attn: Ms. Teryn Tomps, Administrative Assistant Supervisor Phone (714) 978-8200 FAX (714) 978-8299 A&E Consultants Group. Inc. Brea Park Centre 2601 Saturn Street, Suite 101 Brea, CA 92821 Attn: Mr. Michael M. Kim. P.E., Principal Engineer Phone (714) 528-9500 FAX (714) 528-9502 Item 12. - 50 IJB -304- A. STATEMENT OF WORK: CONSULTANT shall provide consulting services on an ",as -needed" basis for General Development Engineering projects to be determined during the term of the agreement. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task- orders for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES- CONSULTANT's duties and responsibilities shall follow Provisions specified in the City of Huntington Beach As -Needed General Development Engineering Services Scope of Work shown in Exhibit A. 1. Upon award and during the contract period, if CONSULTANT chooses to assign.TT must submit the names and different personnel to the project CONSULTAN qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Funush scope of work request for each project assigned- 2. Furnish available record drawings and specifications to the CONSULTANT. A project schedule will be developed for each proj ect assigned by CITY. Senion A, Page I of I HB -3055- Item 12. - 51 EXHIBIT A.I SCOPE OF WORK. The City is seeking qualified engineering consultants with experience under the following capacity: The Consultant shall provide qualified individuals to perform land development plan review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested, and to also perform other general engineering tasks when applicable to City's Capital Improvement Program. The City may, as deemed necessary, provide a furnished work area (including telephone, etc.) at City Hall. The general scope of work to be performed shall include, but not be limited to, the following: Read, understand and evaluate geoteelumical, hydrologic, hydraulic, traffic, drainage, legal survey, environmental and other related reports that pertain to the planning, design, review and construction of private and public: infrastructure improvements. > Read, understand, implement and/or prepare "Conditions of Approval" or entitlement documents, EIR's and other reports as related to the planning, design, review and constniction of private and public infrastructure improvements. ➢ Perform plan checking, peer review, clerical and other duties as needed or requested. > Understand, prepare and review legal descriptions, survey and easement documents or maps as needed and requested. p Coordinate plan checking and development processing between various City sections armd departments as requested. Tabulate comments and prepare City response letters to applicants, the public and with all utility agencies as required. p Calculate and check quantity estimates, fees, bonding amounts, shop drawings and design calculations as submitted with plans and applications. D Maintain all necessary documentations for funding agencies, monitoring agencies and compliance information as required, including final closeout documentation. > Meet with developers, engineers, contractors, consultants, the general public and others as required to discuss, or make recommendations concerning development, public night - of -way improvements, reports, processing requirements, entitlement issues, construction and related issues. ➢ Provide additional backup services as -needed or requested which will promote the expeditious and efficient processing and service goals of the City of Huntington Beach. ➢ Read, understand and evaluate Landscape Architechu,al plans: Arborist reports and recommendations, the Huntington Beach Zoning and Subdivision Ordinance, the Huntington Beach Municipal Code, Water Ordinance, irrigation plaits, construction plans and planting plans as they relate to Conditions of Approval for private developments, and high quality construction techniques acceptable in the City of Huntington Beach. Section A. 1, Page I of 2 Item 12. - 52 HB -30G- ➢ Perform onsite reviews to determine design restrictions, parameter's, provide entitlement reviews and provide Conditions of Approval for all projects relating to Landscape Architecture and also relating to tree growth impacts to infrastructure and private property improvements. Must have the knowledge, background and practical experience to be able to analyze and enforce CEQA and the City of Huntington Beach tree replacement requirements. ➢ Inspect and make recommendation to enforce City Codes and the implementation of the City* approved landscape plans to guarantee proper installation meeting the requirements of the approvals. ? Provide additional as -needed engineering expertise and support for City of Huntington Beach CIP projects. Special Requirement Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing €vage laws. Section A.1, Page 2 of 2 FIB -307- Item 12. - 53 Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billirrc-, All billing shall be done monthly in fifteen (15) minute increments and snatched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the prof ect A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed.; C) Show the total amount of the payment due; D) include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making, satisfactory progress tow-ard completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall. notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B Item 12. - 54 TAB -308- 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 lours 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. 2 Exhibit B HB -309- Item 12. - 55 CF SCUTHERH CSt.IFCRRUI, INC. January 6, 2010 Carrie Gonzales, Administrative Assistant cgonzales@surfcity-hb.org City of Huntington Beach Finance Department - Admin 2000 Main Street Huntington Beach, CA 92648-2702 RE: Fee Proposal for As -Needed Development Engineering Services Dear Carrie: Please find enclosed our fee proposal for Engineering Resources of Southern California, Inc., (ERSC), to provide As -Needed Development Engineering Services for the City of Huntington Beach. Our fee proposal is the one currently approved and accepted by the City, and we have enclosed the correspondence on the request from Fred Wilson for these reduced fees. We have also enclosed a letter from Keith Bohr accepting our reduced fee proposal. We appreciate very much the long term relationship that we have had with the city, and want to show our gratitude by continuing to offer these reduced rates. These rates are valid for the full period of the proposed contract duration of three years. Our full Proposal is valid for 180 clays. A copy of our current published fee schedule is enclosed for your review and comparison with our currently accepted fee schedule. If you have any questions about the information provided in our Fee Proposal, please feel free to contact me at (951) 765-6622 or by email at matt@erscinc.com. 1. President 3550 E. FLORIDA AvE. SUITE B HEMET, CA 92544 (951) 765-6622 (951) 765-6621 FAx Item 12. - 56 I-1B -310- ATTACHMENT IC $ BF Proposed Billing Rate Schedule Effective 61112009 :.,..: B'IIEg rt�..: ... , . ,.,...:.:..:::,�:;:::: andartl.atats;;;;:�opose. = : ,EmPloyee:o# ,;. _ .....>, Principal Matt Brudin $185.00 $152.00 Principal Engineer* Brian Thomas $165.00 $145.00 Senior Engineer* Mo Ahmadi . $160.00 $140.00 Principal En ineer I Robert Ri hetti $155.00 $116.00 Engineer * Kris Wnchak $155.00 $115.00 Engineer III' lJohan Hard $105.00 $82.00 Engineer II* $90.00 $70.00 Landscape Architect I David Ha es Cost plus 20% Cost Plus 121/6 Construction Manager * 2.6 x Direct Sala Prevailinggage Construction lnspector * 2.6 x Direct Salary Prevailing Wage Clerical * $55.00 1 $42.00 -Note: The "Proposed" Billing Rates for these class ificatlons vuill.be used for additional staff resources as requested by the City. HB -3111- Item 12. - 57 SCHEDULE OF HOURLY BILLING RATES (EFrEcTrvE JuLy 1, 2008) PRINCIPAL/PRESIDENT .............. $185.00 PRINCIPAL/VICE PRESIDENT ......... 175,00 SENIOR PRINCIPAL ENGINEER ......... 165.00 PRINCIPAL ENGINEER ................ ENGINEER V .......... ............. ENGINEER IV ....... ENGINEER [if ............. .......... ENGINEER 11 ........................ ENGINEER I .. . ....... I .............. 155.00 130.00 110.00 105.00 90.00 75.00 SENIOR ENGINEERING TECHNICIAN .... $115.00 ENGINEERING TECHNICIAN 11 .......... 95.00 ENGINEERING TECHNICIAN I .......... 75.00 ENGINEERING TECHNICIAN ........... 55.00 PRINCIPAL PLANNER ............ $130-00 SENIOR PLANNER .............. 110.00 ADMINISTRATIVE SERVS.'MANAGER $ 75,00 EXECUTIVE SECRETARY ......... 65.00 SECRETARY ............ I.... I - 55.00 ENGINEERING AIDE If ............ $ 45.00 ENGINEERING AIDE I ............ 35.00 CONSTRUCTION MANAGER ............................................ 2,6 x DIRECT SALARY RESIDENT ENGINEER ..................... - ................... 2,6 x DIRECT SALARY SENIOR INSPECTOR .................................................. 2.6 X DIRECT SALARY INSPECTOR ............. I ....... I ...................... ....... I ..... 2,6 x DIRECT SALARY MILEAGE................................. I ... I .....................$0.65MILE DIRECTCOST............................................................... COST + 20% TESTIMONY UNDER OATH WILL BE BILLED AT $350 PER HOUR WITH A FOUR (4) HOUR MINIMUM 1D-A0W Hard DTivoTORMSMSC Stbeduk of Houdy HM4 Ratwjaly2008.wpd Revised: June 26,2008 Item 12. - 5 8 HB -312 - City ®f Huntiongton Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov ®ice of the City Clerk Joan L. Flynn, City Clerk May 22, 2014 Engineering Resources of Southern California ATTN: Matt Brudin, President 3550 E. Florida Ave., Ste B Hemet, CA 92544 Dear Mr. Brudin: Enclosed for your records is a copy of the "Amendment No. 2 to Agreement Between the City of Huntington Beach and Engineering Resources of Southern California, Inc." Sincerely, d 9Jn L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand Dept. ID PW 13-003-Page 1 of 2 Meeting Date: 2/4/2013 1.4 MEETING DATE: 2/4/2013 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 and authorize execution of contract extension Amendments to Professional Services Contracts with Engineering Resources of Southern California, and A&E Consultants Group to continue to provide as -needed general development enqineerinq services Statement of Issue: Amendments to Professional Services Agreements with Engineering Resources of Southern California, and A&E Consultants Group are requested to decrease original contract amounts by $150,000, from $750,000 to $600,000, and to increase contract time by 2 years to provide as - needed general development engineering services. Financial Impact: Sufficient funds are authorized on the adopted Professional Services List from the General Fund, Development Services, Professional Services, 10085251.69365, and also from the Water Fund, Professional Services, 50685201.69365. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and Engineering Resources of Southern California, Inc," to extend the existing professional service contract for 2 additional years, and to decrease original contract amount by $150,000, from $750,000 to $600,000; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and A&E Consultants Group, Inc," to extend the existing professional service contract for 2 additional years, and to decrease original contract amount by $150,000, from $750,000 to $600,000. Alternative Action(s): Do not approve the amendments and instruct staff on how to proceed. Analysis: Historically, services required by the development community have exceeded the Public Works Department's ability to meet the demand. The combination of budget constraints, current hiring freeze, and likely increase in development activity in the near future are reasons Public Works will continue to need the supplemental support from consultants to meet time sensitive development project deadlines. Within the term of these agreements, plan check for several large projects such as Pacific City, Park Side, Archstone, Beach Walk, and Boardwalk is anticipated. Staff and consultant time for plan check and other services are charged to the developer on an hourly basis. Item 3. - I HB -76- Dept. ID PW 13-003-Page 2 of 2 Meeting Date: 2/4/2013 In compliance with Chapter 3.03 of the Municipal Code, Public Works Engineering staff solicits proposals from engineering firms for as -needed general development engineering services, primarily for the purpose of providing entitlement conditions and requirements, plan check, and other engineering services for various development projects. Both current contracts with Engineering Resources of Southern California and A&E Consultants Group expire on April 5, 2013. Therefore, in order to continue to provide on -going general development engineering services to maintain customer services for development projects, it is necessary to amend both contracts to extend the term. While the original contract amount was $750,000, actual expenditures over past 3 years were significantly less than anticipated. Based on current projections, contract reductions to $600,000 will suffice for the 2 years of contract extensions. Public Works Commission Action: Not required for this action Environmental Status: Not applicable for this action Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Amendment No. 1 to Agreement Between the City of Huntington Beach and Engineering Resources of Southern California, Inc. 2. Amendment No. 1 to Agreement Between the City of Huntington Beach and A&E Consultants Group, Inc. xB _77_ Item 3. - 2 ATTACHMENT #1 Item 3. - 3 HB -78- AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. 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 Engineering Resources of Southern California, Inc., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated April 5, 2010, entitled "Professional Services Contract Between The City of Huntington Beach And Engineering Resources of Southern California, Inc., For As -needed General Development Engineering Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for two (2) additional years in order to provide for the performance of additional tasks by Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM The term of the Original Agreement is hereby extended for two (2) additional years. The Original Agreement shall now expire on April 5, 2015, 2. COMPENSATION REDUCTION The not to exceed amount of compensation of the Original Agreement is hereby reduced by one -Hundred and Fifty Thousand Dollars ($150,000.00). The new not to exceed amount shall now be Six -Hundred Thousand Dollars ($600,000.00). 12-3475/84307 1 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. print name ITS: (circle one) Chairmai URCES OF ice President AND Byzda.— .4 Ronald Worthingt PdDl.wMe ITS: (circle o e ,Secret � hief Financial Officer/Asst. Secretary - Treasurer APPROVED: Manager INITIATED AND APPROVED: Director of Pu c Works 12-3475/84307 2 AS TO FORM: City Attorney C*:�O Ck( (4) , 72- f 'ZZ ---- ACCOR& CERTIFICATE OF LIABILITY INSURANCEF8/31/2012 DATE (MMDD 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 EPRESENTATIVE 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 liou of such endorsoment(s). PRODUCER CONTACT _NAME; Certificate Department Cavignac & Associates PHONE .615-239-6 46 619-239-860L 450 B Street, Suite 1BV0--(AFAx�'�' �—r0I EMAIL San Diego, CA 92101-8005 ADDRESS: certificatestdcavi,gnac.ceai License No. OA99520 PRODUCER LL'�----- cusrOMFamo. ENGIN-S INSURED Engineering Resources of Southern California, Inc. 3550 E. Florida Avenue Suite B Hemet, CA 92544 United States Cr1VFRA(9F.R l royiril ATM 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 LTR- _ TYPE OF INSURANCE D L POLICY EFF POLICY EXP POLICY NUMBER MM DD/YYYYi IMMiDDfYYYYI - -- LIMITS yt GENERAL LIABILITY 6604'/69LI26 9/1/2012 9/1/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ^ AMAGE N 1,000,000 MED EXP (Any one person) 5 10,000 _ _ 1 CLAIMS -MADE E OCCUR X Cross Liab/Sev of Int X PERSONAL&ADV INJURY $ 11000,000 _ _ GENERAL AGGREGATE $2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG E 2, 000, 0 00 POLICY X PRO- LOC Deductible is 0 AUTOMOBILE X- LIABILITY ANY AUTO DA4914L669 9/1/2012 9/1/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) _ $ ALL OWNED AUTOS BODILY INJURY (Per scddant) $ SCHEDULED AUTOS - PROPERTY DAMAGE (Per occldontl $ HIREDAUTDS NON-OWNEDAVTOS .o),:. -• -r, ^. ,i "•` $ $ —..� UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS -MADE / t 1,J / . / j �, ��� `��=% ri, t:�.;. t 7 / �! `"'� -TT.tf"v' , EACH OCCURRENC_E j _ AGGREGATE $ DEDUCTIBLE v. $ ---------- $ RETENTION A WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNEP/EXECUTME' OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yysa, describe untlor DESCRIPTIONOFOPERATIONS below NIA A UB709SY21A 9/1/2012 9/1/2013 }{ WC STATU- O'TH- _-..IORSTATU- E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE, EA EMPLOYEE - _$ $ 1, 000,000 - E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liability AER7237903 9/1/2012 9/1/2013 Ea Claim & Aggreg $2,000,0DO DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, AddMonal Remarke Schedule, If more space la required) Re: All Operations. Additional Insured coverage applies to General Liability for City of. Huntington Beach Director of Public Works, its'Agents, Officers and Employees per policy form. Prof. Liab. - Claims made, defense costs included within limit. City of Huntington Beach Director of Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O. Box 190 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN itington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. ted States AUTHORIZED REPRESENTATIVE Dorothy Amundson %r/W/Lfr~G/f/u/G//r/An cam_ V TyUU-LUUV AGUKU GORPOKATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Page 2 of 3 EXIGIS - CAVIGNAC & ASSOCIATES 195173 CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1. Date Requested: 8/22/2012 2. Contract Number to be Amended: 3. Department: Public Works 4. Requested By: Duncan Lee `? 5. Name of Consultant: Engineering Resources of Southern California, Inc. 6. Amount of Original/Prior Contract: $750,000 7. Additional Compensation Requested: $150,000 reduction to new not to exceed amount of $600,000 8. Original Commencement Date: April 5, 2010 9. Original Termination Date: April 5, 2013 10. Extended Date Requested: April 5, 2015 11. Reason for Contract Amendment: Continue on going support with development related or capital project engineering services. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 50685201.82100 e Department Head Signature r .. a Director of Finance (or designee) Signature City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk February 6, 2013 Engineering Resources of Southern California, Inc. (ERSC, Inc.) Attn: Matt Brudin, President 3550 E. Florida Ave., Suite B Hemet, CA 92544 Dear Mr. Brudin: Enclosed for your records is a copy of the "Amendment No. 1 to Agreement Between the City of Huntington Beach and Engineering Resources of Southern California, Inc." for as - needed General Development Engineering Services. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure &followup: bgmthr Sister Cities: Anjo, Japan o Waitakere, New Zealand .^•-per x ;r .�,. r= �r rg4__L. _ Council/Agency Meeting Held: Deferred/Continued to: "AApprgved., ® Conditionally Approved ❑ Denied Council Meeting Date: 4/5/2010 1 Department ID Number: PW 10-018 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBLIC WORKS SUBJECT; Approve Professional Services Contracts for As -Needed General Development Engineering Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires contract support services to perform development processing functions and other general engineering tasks for the Capital Improvement Projects. Funding Source: Sufficient funds are authorized on the adopted Professional Services List from the General Fund, Development Services, Professional Services (Budgeted FY 2009/10 $60,000), 10085251.69365, and also from the Water Fund, Professional Services, 50685201.69365. In addition, funds are available within the budgeted capital improvement projects. City Council authorization would be requested for unbudgeted projects. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for As -Needed General Development Engineering Services; B) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and A&E Consultants Group, Inc. for As - Needed General Development Engineering Services. Alternative Action(s): Do not approve the contract and provide necessary development services with existing staff. Item 9. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/5/2010 DEPARTMENT ID NUMBER: PW 10-018 Analysis: Historically, services required by the development community have exceeded the Public Works Department's ability to meet the demand. The combination of budget constraints, current hiring freeze, and likely increase in development activity 'in the near future are reasons Public Works will continue to need the supplemental support from consultants to meet time.sensitive project deadlines. Within the term of these agreements, plan check for several large projects such as Poseidon, Costco, and Bella Terra 11 is anticipated. Potential reimbursement from the project applicants will be considered for dedicated and expedited review services using these as -needed development consulting services. Staff and consultant time for plan check and other services are charged to the developer on an hourly basis. In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from a list of qualified engineering services firms, including the current service provider. Four proposals were received and ranked based on qualifications, experience, and references. The submittals were reviewed by two Public Works engineers, and a registered engineer in Economic Development. Upon review, it was determined that Engineering Resources of California, Inc., and A&E Consultants Group, Inc. best meet the needs of the city. The proposed contracts are for a three-year term with a total not to exceed $750,000 per agreement. Public Works Commission Action: Not required. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements Environmental Status: Not applicable Attachment(s): Professional Services Contract between the City of Huntington Beach and Engineering Resources of California for As -Needed Engineering Services 2. 1Professional Services Contract between the City of Huntington Beach and A&E Consultants Group for As -Needed Engineering Services -2- 3/29/2010 2:45 PM Item 9m a PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. ("ERSC INC") FOR AS -NEEDED GENERAL DEVELOPMENT ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and ERSC INC hereinafter referred to as "CONSULTANT." a California WHEREAS, CITY desires to engage the services of a consultant to provide engineering services on an "as -needed" basis ;and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates Matt Brudin, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional svcs mayor I of 1 1 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on L r�, 20 i o (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 seven hundred and fifty thousand Dollars ($ 750, 000 . 00 ), 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/ surfnet/professional Svcs mayor 2 of It 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of ]Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/ surfnet/professional.sves mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or "refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/ surfnet/professional Svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/ surfnet/professional secs mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/ surfnet/professional svcs mayor 6 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. ("ERSC INC") Attn: Matt Brudin, President 3550 E. Florida Ave., Suite B Hemet, CA 92544 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/ surfhet/professional svcs mayor 7 of 11 ] 2/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree/ surfnet/professional svcs mayor 8 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each -of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/ surfnet/professional svcs mayor 9 of 11 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, he l by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/ surfnet/professional svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. ("ERSC INC") r11141) NAME By: print nam ITS: (circle one) Chairma reside /Vice President AND�� Za 4�14$44 B W print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. eCretary Treasurer City Clerk ll� INITIATED AND APPROVED: I - Travis K. Hopkins Director/Chief APPROVED AS TO FORM: ri 3 %'L / 2,00 ��City Attorney 1 agree/ surfnet/professional secs mayor 11 Of 1 I 12/07 A. STATEMENT OF WORD: CONSULTANT shall provide consulting services on an "as -needed" basis for General Development Engineering projects to be determined during the term of the agreement. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach As -Needed General Development Engineering Services Scope of Work shown in Exhibit A.1. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to the CONSULTANT. D. WORD PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. Section A, Page 7 of ] EXHIBIT A.1 SCOPE OF WORK The City is seeking qualified engineering consultants with experience under the following capacity: The Consultant shall provide qualified individuals to perform land development plan review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested, and to also perform other general engineering tasks when applicable to City's Capital Improvement Program. The City may, as deemed necessary, provide a furnished work area (including telephone, etc.) at City Hall. The general scope of work to be performed shall include, but not be limited to, the following: ➢ Read, understand and evaluate geotechnical, hydrologic, hydraulic, traffic, drainage, legal survey, environmental and other related reports that pertain to the planning, design, review and construction of private and public infrastructure improvements. ➢ Read, understand, implement and/or prepare "Conditions of Approval" or entitlement documents, EIR's and other reports as related to the planning, design, review and construction of private and public infrastructure improvements. ➢ Perform plan checking, peer review, clerical and other duties as needed or requested. ➢ Understand, prepare and review legal descriptions, survey and easement documents or maps as needed and requested. ➢ Coordinate plan checking and development processing between various City sections and departments as requested. Tabulate comments and prepare City response letters to applicants, the public and with all utility agencies as required. ➢ Calculate and check quantity estimates, fees, bonding amounts, shop drawings and design calculations as submitted with plans and applications. ➢ Maintain all necessary documentations for funding agencies, monitoring agencies and compliance information as required, including final closeout documentation. ➢ Meet with developers, engineers, contractors, consultants, the general public and others as required to discuss, or make recommendations concerning development, public right- of-way improvements, reports, processing requirements, entitlement issues, construction and related issues. ➢ Provide additional backup services as -needed or requested which will promote the expeditious and efficient processing and service goals of the City of Huntington Beach. ➢ Read, understand and evaluate Landscape Architectural plans, Arborist reports and recommendations, the Huntington Beach Zoning and Subdivision Ordinance, the Huntington Beach Municipal Code, Water Ordinance, irrigation plans, construction plans and planting plans as they relate to Conditions of Approval for private developments, and high quality construction techniques acceptable in the City of Huntington Beach. Section A.1, Page 1 of 2 ➢ Perform onsite reviews to determine design restrictions, parameters, provide entitlement reviews and provide Conditions of Approval for all projects relating to Landscape Architecture and also relating to tree growth impacts to infrastructure and private property improvements. Must have the knowledge, background and practical experience to be able to analyze and enforce CEQA and the City of Huntington Beach tree replacement requirements. ➢ Inspect and make recommendation to enforce City Codes and the implementation of the City approved landscape plans to guarantee proper installation meeting the requirements of the approvals. ➢ Provide additional as -needed engineering expertise and support for City of Huntington Beach CIP projects. Special Requirement: Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Section A.1, Page 2 of 2 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly ate_ CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Exhibit B 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. 2 Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR AS -NEEDED GENERAL DEVELOPMENT ENGINEERING SERVICES Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................1 1 ACC>Rt)r CERTIFICATE OF LIABILITY INSURANCE DATEIYYYY) oz/22/122/l0 PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cavignac & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92101-8005 certificates@cavignac.com INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: TRAVELERS PROPERTY CAS CO OF AMER 25674 Engineering Resources INSURER B: TRAVELERS IND CO OF CT 25682 3550 E. Florida Avenue Suite B INSURER C: TRAVELERS CAS INS CO OF AMER 19046 Hemet, CA 92544 INSURER D: HUDSON INS CO 25054 I 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. INSR LTR DD'L INSRDI TYPE OF INSURANCEDATE POLICY NUMBER POLICY EFFECTIVE (MM/DDrYYYY) POLICY EXPIRATIONDATL(N LIMITS A GENERAL LIABILITY 68047691,126 09/01/09 09/01/10 EACH OCCURRENCE $ 1,000,000 DAMAGE To RETED PREMISES (Ea occu ence) S 1,000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10,000 CLAIMS MADE X� OCCUR PERSONAL & ADV INJURY S 1,000,000 X No Deductible X Separation of Insureds GENERAL AGGREGATE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 Employee Benefits 1,000,000 POLICY X PRO- LOC JECT B AUTOMOBILE LIABILITY ANY AUTO BA4914L684 09/01/09 09/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS `� VEDD T F BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS "�E NI dMcGT ^L T s j�7 ��y ( J PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE UB7095Y21A 09/01/09 09/01/10 X WC LIMI CER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEd $ 1, 000, 000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) E.L. DISEASE - POLICY LIMIT 1 $ 1, 000, 000 If yes, describe under SPECIAL PROVISIONS below D OTHER Professional Liability AEE7237900 09/01/09 09/01/10 Each Claim 11000,000 Claims made, defense costs Aggregate 2,000,000 included within limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Proof of Coverage ULM I Ii'IU/A I C MULLJCI-C 1.d11VliLLLl111VIY .yv uays avV� — aauaa-yny—," vi Li-_. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN Director of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2000 Main Street REPRESENTATIVES. Huntington Beach, CA 92348 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2009/01) Harvey © 1988-2UU9 AUUKU GUKI'UKA I IUN. All rlgn[s reservea. 14509977 The ACORD name and logo are registered marks of ACORD CITY OF UI T I BEACH H s •, aa� � Professional C o oit a0 Approval Form P41,27 iJ �, Service i2 Date: 2/23/2010 Project Manager: Duncan S. Lee Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. 2) Contract Number: PWK 010 007 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 750,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance (or designee) Signature Date Date: 11/17/2009 Requested by: Duncan Lee, Principal Civil Engineer Department: Public Works PARTS I AND 11 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED AND SIGNED FOR APPROVAL. THIS FORM MUST BE FILED WITH ALL APPROVED CONTRACTS. (This section must be completed by the requesting department and signed by the City Administrator before proceeding with the solicitation or contract process. ) 1) Briefly provide the purpose for the agreement: The selected consultant(s) shall provide qualified individuals to perform land development review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested; and to also perform other general engineering tasks when applicable to City's Capital Improvement Program. Current as -needed development engineering contract with City expires January 16, 2010. Due to budget contraints and the current hiring freeze, City staff will continue to require the supplemental support to meet time sensitive development project deadlines. 2) Estimated cost of the services being sought: $ 500,000 over 3 year term 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract may require approval from the City Council.) 5) Business Unit and Object Code where funds are budgeted: 50685201.69365.10085251.69365 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Duncan Lee, Principal Civil Engineer 8' 4=== Project Manager Name Departmefit Head Signature List of Consultants Submitted Proposals (January 2010) For City's As -Needed Development Engineering Services "RFP" Engineering Resources of Southern California, Inc. 3550 E. Florida Ave., Ste. B Hemet, CA 92544 Attn: Mr. Matt Brudin, P.E., President Phone (951) 765-6622 Tetra Tech 16241 Laguna Canyon Road, Ste 200 Irvine, CA 92618 Attn: Mr. Joe Hartge, P.E., Senior Manager Phone (949) 585-1211 FAX (949) 727-7097 Willdan 2401 E. Katella Avenue, Suite 450 Anaheim, California 92806-6073 Attn: Ms. Teryn Tomps, Administrative Assistant Supervisor Phone (714) 978-8200 FAX (714) 978-8299 A&E Consultants Group. Inc. Brea Park Centre 2601 Saturn Street, Suite 101 Brea, CA 92821 Attn: Mr. Michael M. Kim. P.E., Principal Engineer Phone (714) 528-9500 FAX (714) 528-9502 EXHIBIT A A. STATEMENT OF WORK: CONSULTANT shall provide consulting services on an "as -needed" basis for General Development Engineering projects to be determined during the term of the agreement. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shell follow provisions specified in the City of Huntington Beach As -Needed General Development Engineering Services Scope of Work shown in Exhibit A.1. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the manes and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Fuinish available record drawings and specifications to the CONSULTANT. D. WORK PROGR NUPROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. 'rr_tionA,Page 1 of 1 EXHIBIT A.I SCOPE OF WORK The City is seeking gwdified engineering consultants with expellence tinder the follotiving capacity: The Consultant shall provide qualified individuals to perform land development plan review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested, and to also per -form other general engineering tasks when applicable to City's Capital Improvement Program. The City may, as deemed necessary, provide a furnished work area (including telephone, etc.) at City Hall. The general scope of work to be performed shall include, but not be limited to, the following: Read, understand and evaluate geotechnical, hydrologic, hydraulic, traffic, drainage, legal stu-,rey, envir•omiiental and other related reports that pertain to the planning, design, review and construction of private and public infrastructure improvements. Read, understand, implement and/or prepare "Conditions of Approval" or entitlement docuunents, EIR`s and other reports as related to the plaruning, design, review and construction of private and public infrastructure improvements. v Perform plan checking, peer review, clerical and other duties as needed or requested. Understand, prepare and review legal descriptions, survey and easement docunnents or maps as needed and requested. v Coordinate plan checking and development processing between various City sections and departments as requested. Tabulate cornments and prepare City response letters to applicants, the public and with all utility agencies as required. r Calculate and check quantity estimates, fees, bonding amounts, shop drawings and design calculations as submitted with plans and applications. Maintain all necessmj, documentations for funding agencies, monitoring agencies and compliance information as required, including final closeout doctunentation. Meet with developers, engineers, contractors, consultants, the general public and others as required to discuss, or make recommendations conceimi ng development, public right- of-way improvements, reports, processing requirements, entitlement issues, construction and related issues. Provide additional backup s ervices as -needed or requested which will promote the expeditious and efficient processing and service goals of the City of Huntington Beach 3r Read, tnnderstarnd and evaluate Landscape Architectural plans, Arborist reports and reconunerndations, the Huuntington Beach Zoning and Subdivision Ordinance, the Huntington Beach klu-rdcipal Code, Water Ordinance, irrigation plans, construction plans and planting plans as they relate to Conditions of Approval for private developments, and high quality construction techniques acceptable in the City of Huntington Beach. Section A.1, Page 1 of 2 Perform onsite reviews to determine design restrictions, parameters, provide entitlement reviews and provide Conditions of Approval for all projects relating to Landscape An.hitecture and also relating to tree growth impacts to infrastructure and private property improvements. Must have the knowledge, background and practical experience to be able to analyze and enforce CEQA and the City of Himtington Beach tree replacement requirements. Inspect and make reconunendation to enforce City Codes and the implementation of the City approved landscape plans to guarantee proper installation meeting the requirements of the approvals. Provide additional as -needed engineering expertise and support for City of Huntington Beach CIP projects. Special Requirement: Due to the fact that some of the City projects will be Funded by Federal curd/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Section A.1, Page 2 of 2 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monhlAin fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations and other docuunentation prepared by CONSULTANT Inay be regtured to 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 satisfacton completion. t. 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 papnent due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been perti}rmed 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, iir which event payment shall be made tiff itluuu tluirhr ("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 tiff -citing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Exhibit B 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 char(yed for such time. Such invoices shall be approved by CITY if the work performed is in accordance AArith the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 'kx a:1 LUI.i.l�LJ 1I����U114 :.1 amu NCO OF SOUTHERN CALIFORNIA, INC. January 6, 2010 Carrie Gonzales, Administrative Assistant cgonzales@surfcity-hb.org City of Huntington Beach Finance Department - Admin 2000 Main Street Huntington Beach, CA 92648-2702 RE: Fee Proposal for As -Needed Development Engineering Services Dear Carrie: Please find enclosed our fee proposal for Engineering Resources of Southern California, Inc., (ERSC), to provide As -Needed Development Engineering Services for the City of Huntington Beach. Our fee proposal is the one currently approved and accepted by the City, and we have enclosed the correspondence on the request from Fred Wilson for these reduced fees. We have also enclosed a letter from Keith Bohr accepting our reduced fee proposal. We appreciate very much the long term relationship that we have had with the city, and want to show our gratitude by continuing to offer these reduced rates. These rates are valid for the full period of the proposed contract duration of three years. Our full proposal is valid for 180 clays. A copy of our current published fee schedule is enclosed for your review and comparison with our currently accepted fee schedule. If you have any questions about the information provided in our Fee Proposal, please feel free to contact me at (951) 765-6622 or by email at matt@erscinc.com. Si y, M il t BruLlin President MB/rr 3550 E. FLORIDA AVE. SUITE B HEMET, CA 92544 (951)765-6622 (951) 765-6621 FAX ATTACHMENT "A" Proposed Billing Rate Schedule Effective 6/1/2009 Billing Title ���- Employee:. -Standard, Rates As �of Jan. 2008 Proposed Rates Foy Ci of HB Principal Matt Brudin $185.00 $152.00 Principal Engineer * Brian Thomas $165.00 $145.00 Senior Engineer * Mo Ahmadi $160.00 $140.00 Principal Engineer * Robert Righetti $155.00 $115.00 Engineer V * Kris Winchak $155.00 $115.00 Engineer III* Johan Hardy $105.00 $82.00 Engineer II* $90.00 $70.00 Landscape Architect David Hayes Cost plus 20% Cost Plus 12% Construction Manager * 2.6 x Direct Salary Prevailing Wage Construction Inspector* 2.6 x Direct Salary Prevailing Wage Clerical * 1 $55.00 $42.00 * Note: The "Proposed" Billing Rates for these classifications will be used for additional staff resources as requested by the City. RiNGINEERING ESCURM OF SOOTHEN CRUFORNIA, INC. SCHEDULE OF HOURLY BILLING RATES (EFFECTIVE JuL Y 1, 2008) PRINCIPAL/PRESIDENT .............. $185.00 PRINCIPAL PLANNER ............ $130.00 PRINCIPAL/VICE PRESIDENT ......... 175.00 SENIOR PLANNER .............. 110.00 SENIOR PRINCIPAL ENGINEER ......... 165.00 PRINCIPAL ENGINEER ................ 155.00 ENGINEER V ........................ 130.00 ADMINISTRATIVE SERVS. MANAGER $ 75.00 ENGINEER IV ........................ 110.00 EXECUTIVE SECRETARY ......... 65.00 ENGINEER III ........................ 105.00 SECRETARY ................... 55.00 ENGINEER 11 ........................ 90.00 ENGINEER I ......................... 75.00 SENIOR ENGINEERING TECHNICIAN .... $115.00 ENGINEERING AIDE 11 ............ $ 45.00 ENGINEERING TECHNICIAN 11 .......... 95.00 ENGINEERING AIDE I ............ 35.00 ENGINEERING TECHNICIAN I .......... 75.00 ENGINEERING TECHNICIAN ........... 55.00 CONSTRUCTION MANAGER ............................................. 2.6 x DIRECT SALARY RESIDENT ENGINEER .................. I ............................... 2.6 x DIRECT SALARY SENIOR INSPECTOR .................................................. 2.6 x DIRECT SALARY INSPECTOR .......................................................... 2.6 X DIRECT SALARY MILEAGE ..................................................................... $0.65MILE DIRECTCOST ............................................................... COST + 20% TESTIMONY UNDER OATH WILL BE BILLED AT $350 PER HOUR WITH A FOUR (4) HOUR MINIMUM B:\Old Hud Drive\FORMS\ERSC Schedule of Hourly Billing Ratesjuly2008.wpd Revised: June 26,2008 i Asti ' PA 7 -111 6i�,41,0 RCA ROUTING SHEET Aw r0-o/6? INITIATING DEPARTMENT: Public works SUBJECT: Approve Professional Services Contracts for As -Needed General Development Engineering Services COUNCIL MEETING DATE: April 5, 2010 C�1"M ACH�IIE_lVTS' STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attome Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable E Bonds (If applicable) Attached El Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable E Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable E Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E EXPLANATION:;FOR MiSStNG ATTACHMENTS REVIEWED RETVANIED- FORWARDED Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk ) RCA Author: Duncan Lee ��,calla, City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92048 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 6, 2010 Engineering Resources of Southern California, Inc. (ERSC, Inc.) Attn: Matt Brudin, President 3550 E. Florida Ave., Suite B Hemet, CA 92544 Dear Mr. Brudin: Enclosed for your records a copy of the Professional Services Contract between the City of Huntington Beach and Engineering Resources of Southern California, Inc. (ERSC, Inc.) for as -needed General Development Engineering Services. Sincerely, JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 )