Loading...
HomeMy WebLinkAboutGeosyntec Consultants, Inc. - 2017-02-06Dept. ID PW 16-061 Page 1 of 4 Meeting Date: 2/6/2017 MEETING DATE: 2/6/2017 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 David A. Segura, Fire Chief SUBJECT: Approve and authorize execution of 6 Professional Services Contracts for As - Needed Environmental Engineering Services with: 1) Geosyntec Consultants, Inc. in an amount not to exceed $450,000 over a three year period, 2) Tetra Tech, Inc. in an amount not to exceed $550,000 over a three year period, 3) Group Delta Consultants, Inc. in an amount not to exceed $150,000 over a three year period, 4) Environmental Engineering & Contracting, Inc. (EEC Environmental Inc.) in an amount not to exceed $375,000 over a three year period, 5) Huitt-Zollars, Inc. in an amount not to exceed $325,000 over a three year period and 6) Pacific Advanced Civil Engineering, Inc. (PACE) in an amount not to exceed $325,000 over a three year period in an amount not to exceed $325,000 over a three year period Statement of Issue: The Public Works and Fire Departments require environmental engineering services on an as - needed basis to support staff for General Environmental Engineering consultation and the implementation of programs/inspections under the Hazardous Waste & Material, Landfill & Gas, and the Water Quality programs as administered and implemented by Public Works and Fire Departments staff. Financial Impact: The Fiscal Year 16-17 approved budget for the Fire Department has funds in the amount of $486,111 under professional services. The Fiscal Year 16-17 approved budget for the Public Works Department has funds in the amount of $3,855,000 under professional services. Total value of contracts is $2,175,000 over a three-year period. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not -to -exceed $450,000 Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As -Needed Environmental Engineering Services; B) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not -to -exceed $550,000 Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As -Needed Environmental Engineering Services; HB -115- Item 9. - I Dept. ID PW 16-061 Page 2 of 4 Meeting Date: 2/6/2017 C) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not -to -exceed $ 150,000 Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As -Needed Environmental Engineering Services; D) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not -to -exceed $375,000 Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As -Needed Environmental Engineering Services; E) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not -to -exceed $325,000 Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As -Needed Environmental Engineering Services; and F) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not -to -exceed $325,000 Professional Services Contract between the City of Huntington Beach and PACE, Inc. for As -Needed Environmental Engineering Services. Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Analysis: On May 24, 2016, the City advertised a Request for Qualifications ("RFQ") for As -Needed Environmental Engineering Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twelve (12) proposals were received for As -Needed Environmental Engineering services. In accordance with qualifications -based selected procurement per the Federal "Brooks Act," State SB 419 and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services" the Public Works and Fire Departments established a review board. This board consisted of the following subject matter experts from the Public Works and Fire Departments who evaluated and ranked the proposals: Fire Protection Analyst, Environmental Specialist, Senior Administrative Analyst, and Principal Engineer. The ranking criteria included: • Clarity of Proposal • Firm Qualifications • Staff Qualifications & Experience • Understanding & Methodology • Local Vendor Preference • References The selection process included a review of the written proposals, followed by an in-depth interview with the top ranked nine (9) vendors. Summary evaluation sheets for the n in e most qualified firms are shown as Attachment 2. Each firm stated their environmental engineering category of expertise with their proposal, and proposals were then evaluated and ranked by the four (4) review board members (subject matter experts) who were established by the Public Works and Fire Departments. After conducting the entire evaluation process, including interviews and reference checks, the committee determined that Geosyntec, Tetra Tech, Group Delta, EEC Environmental, Huitt-Zollars, and PACE are the most qualified firms to meet the needs of the City and most qualified to provide as -needed environmental engineering services as well as providing competitive proposals for future projects. The six (6) contracts recommended in this Request for Council Action (RCA) are for as -needed environmental engineering consultation for General Environmental services and as related to the administration and implementation of programmatic elements under Landfill & Gas, Hazardous Item 9. - 2 IAB - I I6- Dept. ID PW 16-061 Page 3 of 4 Meeting Date: 2/6/2017 Waste & Material, and Water Quality programs. These services have historically been utilized to supplement City staff to meet inspection requirements and as an extension of staff and/or to provide required expertise for unique projects. For the General Environmental Services category, staff has selected Geosyntec and Tetra Tech to provide these services. This is a broad category that includes drafting and reviewing CEQA documents, writing and administrating grants, and consulting for environmentally sensitive projects. For the Water Quality Services category, Huitt-Zollars and PACE have been selected to provide as - needed support for environmental compliance inspections of industrial and commercial facilities and inspections of food facilities under the Fats, Oils, & Grease program. In addition to providing environmental engineering services under the General Environmental category, Geosyntec and Tetra Tech have also been selected for the Landfill & Gas category which includes preparing and reviewing methane gas mitigation plans and maintaining and inspecting active gas collections systems. For the Hazardous Waste & Material category, staff has selected to contract with EEC Environmental and Group Delta. The services under this category include providing contaminated site evaluations, reviewing mitigation plans for waste handling and disposal, and drafting hazardous waste/materials mitigation plans. Geosyntec and Tetra Tech are awarded larger contracts due to the services provided in both the General Environmental and Landfill & Gas categories. However, each project is evaluated on a case -by -case basis to determine if these as -needed contract services are necessary. In the aggregate, across all six (6) professional service contracts, both the Fire and Public Works Departments will not exceed their respective budget appropriations for the requested professional services. Throughout the contract term of the six (6) professional contract service agreements, the Public Works and Fire Departments may utilize the services of each of the six (6) on -call professional services contracts or perhaps just one. The on -call as -needed contracts will provide the Departments' greater flexibility in obtaining the expert environmental engineering professional services needed from the various firms under contract. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan GoaLClick i�e to enter text. Improve quality of life. Enhance and maintain infrastructure. Enhance and maintain public safety. Enhance and maintain City service delivery. Attachment(s): 1. Request for Qualifications 2. Summary Evaluation Sheets 3. Professional Services Contract between the City of Huntington Beach and Geosyntec, Inc. for As -Needed Environmental Engineering Services 4. Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As -Needed Environmental Engineering Services H -117- Item 9. - 3 Dept. ID PW 16-061 Page 4 of 4 Meeting Date: 2/6/2017 5. Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As -Needed Environmental Engineering Services 6. Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As -Needed Environmental Engineering Services 7. Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As -Needed Environmental Engineering Services 8. Professional Services Contract between the City of Huntington Beach and PACE, Inc. for As - Needed Environmental Engineering Services Item 9. - 4 xB -1 1 8- ATTACHMENT #1 REQUEST FOR QUALIFICATIONS FOR AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES Public Works and Fire Departments CITY OF HUNTINGTON BEACH Released on May 24, 2016 1-1 u _ 1 M- - _ - _ TtPm 9 - AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES REQUEST FOR QUALIFICATIONS (RFQ) 1. BACKGROUND The City of Huntington Beach Public Works and Fire Departments are seeking to retain as -needed services from qualified environmental engineering firms to supplement City staff for various types of projects. The City intends to contract with at least two environmental engineering firms to provide services on an "as -needed" basis as supplemental resources are required. The contract will be for a 3-year term with task order assignments awarded such that their specified duration do not exceed the contract term. Upon execution of the contracts, the City may elect to solicit proposals from all consultants. The City will communicate, in writing via e-mail, the needs for each project based upon a scope of services, work schedule, and fee proposal submitted to the City for its review and approval. In order to submit a qualifications package, your firm must provide five (5) references indicating that you have contracted directly with a public agency located in Orange County/Los Angeles County within the last five (5) years and have successfully completed tasks in at least one categ_gLy listed below with the current management staff for that category. Due to logistical and time sensitive items related to city projects, the City is requesting that any firm submitting a proposal be within a 25-mile radius of City of Huntington Beach City Hall. The City may elect to contract with more than one consultant based upon their field of expertise. To qualify for the RFQ, your firm must completely comply with at one least of the four categories below: Category: General • Provide at least 3 projects preparing Preliminary Environmental Studies; • Provide at least 3 projects preparing and/or reviewing Grant Applications. Category: Water Quality • Provide at least 3 projects preparing documentation in reviewing, evaluating, and tem 9_ - 6 UP _1,)n recommending LID BMPs for storm water systems; • Provide at least 3 projects performing commercial/industrial water quality inspections to comply with NPDES requirements; • Provide at least 3 projects performing FOG/FSE inspections. Category: Landfill & Gas Anomaly • Provide at least 3 projects reviewing, investigating and providing mitigation plans for naturally occurring gas anomaly/odor control for closed landfills, and/or designing passive/active gas collection systems; • Provide at least 3 projects preparing and reviewing methane mitigation plans. Category: Hazardous Waste/Material • Provide at least 3 projects reviewing Phase I and Phase II; • Provide at least 3 projects reviewing Phase III (remedial action plans). 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFQ May 24, 2016 Deadline for Written Questions June 2, 2016 Responses to Questions Posted on Web June 8, 2016 Qualifications Packages are Due June 21, 2016 Qualifications Packages Evaluation Completed (Tentative) June 30, 2016 Approval of Contract August 2016 3. SCOPE OF WORK The City is seeking qualified environmental engineering consultants with experience under the following capacity: General • Prepare, assist, and review Preliminary Environmental Studies; H B -121- Item 9. - 7 • Review of project plans and specifications; • Perform field investigations; • Provide site assessment and preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Process and review Grant and Federal Funding Applications; • Assist in the development of City specifications and local fire code amendments; • Provide training to City staff on various environmental review processes. Water Quality • Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems; • Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; • Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable regulatory agencies; • Assist in preparing and/or reviewing urban runoff plans. Landfill & Gas Anom • Prepare and review methane gas mitigation plans; • Provide and review routine methane gas monitoring; • Provide maintenance and inspection of active gas collection systems; • Investigate, review and provide mitigation plans for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systems; • Review oil well abandonment documents; • Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material • Provide contaminated site evaluation; • Provide and review mitigation plan for waste handling and disposal; • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; Item 9. - 8 H B_ 1 2'2. • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; • Perform, review, and prepare Phase I (Initial Site Assessment) or Phase II Reports; • Perform, review, and prepare Phase III (remedial action plans) Reports. In general, the consultant shall perform environmental engineering services on an "as -needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Monitoring and Inspections • Perform maintenance, monitoring, and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • Prepare documentations that comply with applicable regulatory agency requirements for pennitting; • Review 3rd party reports and studies, and provide City staff with comments and recommendations. Grant Applications • Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engyineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Item 9 _ - ' Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage o Assist the City in answering bidders' questions, attend pre -bid conferences, and job walks, prepare addendums, and analyze bids. Construction Stage o Attend pre -construction conferences; o Monitor construction schedule, visit construction sites as required for progress and quality of evaluation; o Assist the engineer, contractor, construction manager/contract administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders; o Prepare "as -built" drawings. Special Requirement: Because of the City's projects will be Federal and/or State grants, the selected consulting firms must comply with various requirements including all applicable prevailing wage laws. 4. CITY'S RESPONSIBILITIES • Furnish a task order or scope of work request and provide general direction as needed for each project assigned. • Furnish available record drawings of existing facilities within the City's jurisdiction. 5. PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough qualifications package using the following guidelines: Item 9. - 10 1- B -12 - • Proposal shall be typed and must contain no more than pages than indicated in the following sections, excluding the Index/Table of Contents, tables, charts, and graphic exhibits. Resumes of key personnel are not counted toward the page limitation if inserted at the end of the proposal. • 12-point font size and 1.5 point line spacing is required for typed portions of the letters and proposal sections except smaller fonts are allowed for tables, charts, and exhibits. The inclusion of I by 17" sheets are allowed if folded to fit the proposal. • Categories being submitted by the Consultant must be identified in Exhibit A: Pre - Qualification Form and included in the proposal. Each proposal will adhere to the following order and content of sections. Proposal must be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFQ instructions, responding to the RFQ requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the bidder's response: A. Cover Letter (2 pages maximum) A cover letter must summarize key elements of the proposal. An individual authorized to bind the Consultant must sign the letter. The cover letter must include the address and telephone number of the Consultant's Project Manager's office located nearest to Huntington Beach that will provide the project deliverables directly to the City of Huntington Beach. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. B. Vendor Application Form Complete the "Request for Qualifications — Vendor Application Form" (See Appendix A) and include this behind the cover letter. (Vendor Application Form will not be counted towards the page count.) 14R -I); Item 9_ - 1 C. Pre -Qualification Form (Exhibit A) Complete the Pre -Qualification Form (Exhibit A) and the Consultant must indicate if they are willing, or unwilling, or unable to execute the Agreement as drafted (See Appendix B) as well as providing the insurance requirements (See Appendix C). EXHIBIT A: PRE -QUALIFICATION FORM AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES A. General Environmental Engineering I Yes / No B. Water Quality Yes / No C. Landfill & Gas Anomaly I Yes / No D. Hazardous Waste/Material I Yes / No (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B). (Initial) Consultant is able to provide the insurance as required (See Appendix C). Firm Name: Firm Address: Signature: Item 9. - 12 H13 -126- D. Service Category (4 pages maximum per Category) Firm Qualifications This section should be organized by category. Only information for categories being proposed on by the Consultant should be included. The information provided in this section must describe the qualifications of the firm and key staff performing projects within the past five (5) years in Orange/Los Angeles Counties to demonstrate competence to perform these categories. Information shall include: 1) Summarize the firm's demonstrated capabilities, including length of time that your firm has provided the services being provided in this Request for Qualifications. 2) The key personnel that have participated on named projects and their specific responsibilities and years of experience with respect to this scope of work. 3) Provide at least five separate Orange County/Los Angeles County public agency references that have received similar services from your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: a. Name of Project b. Public Agency located in Orange County or Los Angeles County. Public Agency Primary Contact, email and telephone number c. Brief Project description (i.e. review of Phase I reports, review methane gas monitoring, etc.) d. Project Manger on the project who also is the PM on the Proposal and Key Personnel e. Start/Finish (Months & years) DATE REFERENCES NAME PROJECT PUBLIC AGENCY PROJECT DESCRIPTION COMPLETED AND CONTRACT NAME, ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS OF CONSULT - CONSULT - ANT'S PROJECT MANAGER DURATION CLIENT 4) Resumes (do not count towards page limit but limited to 15 pages) Staffing Ttem 9 - 1 Provide an organization chart which lists all key individual(s) who will be working on projects and indicate the functions that each will perform. The organization chart shall include the proposed Project Manager which will be the single point of contact for the Consultant for this service category. Include resumes for all key individuals as indicated in section DA) above. Upon award and during the contract period, if the Consultant chooses to assign different personnel to the project, the Consultant must submit their names and qualifications including information listed above to the City for approval before they begin work. E. Understanding & Methodology Section This section must describe your understanding of the City, the objectives to be accomplished, innovative approaches, and solutions to similar projects that would be undertaken by the City, and detailed descriptions of efforts your firm will undertake to achieve client satisfaction. Refer to Scope of Work of this RFQ. F. Fee Proposal The separately submitted Fee Proposal should include the following: • Firm's schedule of hourly rates; • Rates for all subconsultants. The proposal shall indicate that the rates are valid for the full three year period and the percentage mark-up of reimbursable expenses, if any, shall also be specified in the rate schedules. 6. PROCESS FOR SUBMITTING QUALIFICATIONS Interested firms are to provide the City of Huntington Beach with a thorough qualifications package using the following guidelines: Item 9. - 14 1- B -128- a. Number of Proposals Consultant shall submit one (1) electronic copy of the proposal in sufficient detail to allow for thorough evaluation and comparative analysis. In addition to the one electronic PDF copy, consultant shall submit four (4) hard copies to the City and one cost proposal in a separate sealed envelope. Any unqualified vendor will have the cost proposal envelope returned after the award of contract has been approved. All proposals (electronic and hard copy shall be submitted no later than 4:00 p.m. on June 21, 2016. b. Submission of Qualifications Packages Complete written qualifications package must be submitted electronically in PDF file format no later than 4:00 p.m. (P.S.T) on June 21, 2016. In addition to submitting one (1) electronic PDF copy, consultant shall submit four (4) hard copy proposals and one cost proposal in a separate sealed envelop to the City no later than 4:00 p.m. on June 21, 2016. Qualifications will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. c. Inquiries Questions about this RFQ must be directed in writing, via e-mail to: Jim Slobojan, Fiscal Services Manager i slobojanLwsurfcity-hb.org 2000 Main Street, Huntington Beach, CA 92648 From the date that this RFQ is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFQ, except during the pre -proposal conference. Refer to the Schedule of Events of this RFQ or the City webpage to determine if a pre -proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. d. Conditions for Proposal Acceptance This RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all HB -129- Item 9. - 15 qualifications packages received as a result of this RFQ, to negotiate with any qualified source, or to cancel this RFQ in part or in its entirety. All qualifications packages will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 7. EVALUATION CRITERIA The City's evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The ranking will consist of the basic proposal for clarity and following all directions. Additionally, points will be awarded for Firm Qualifications, Staffing, Understanding and Methodology in each category. The Consultants will be ranked on the following for a total of 100 points. If necessary, an oral interview may be scheduled to clarify the intent of any portions of the proposal. A. Proposal Clarity - Use of terms and explanation throughout are understandable. (10 points) B. Firm Qualifications - Experience of the firm, experience with projects of similar scope, complexity, and magnitude for other Orange County/Los Angeles County public agencies. (25 points) C. Staffing - Experience of the project manager and other key individuals assigned to the project. Educational background, work experience, and directly related consulting experiences. (25 points). D. Understanding & Methodology - Firm has an understanding of the work to be done, successful implementation and shows effort in completing projects efficiently and accurately. (25 points) E. References (10 points) The City may also contact and evaluate the Consultant's and sub - consultant's references; contact any Consultant to clarify any response; contact any current users of a Consultant's services; solicit information from any available source concerning any Item 9. - 16 H 13 -1 - aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. F. Local Preference Check (5 points). The Consultant will earn 5-points for having a valid City of Huntington Beach Business License. After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview or video/voice conference interview, at the City's discretion, will be a question/answer format for clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, must be present at the oral interview or video/voice conference interview. A Notification of Intent to Award may be sent to the Consultant selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring Consultant or withdraw the RFQ. 8. STANDARD TERMS AND CONDITIONS A. Amendments The City reserves the right to amend this RFQ prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & RFP's; bidders should check this web page daily for new information. B. Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City. C. Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all HB -I! - Item 9. - 17 exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. See Exhibit B for a sample agreement. D. Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals. E. Financial Information The City is concerned about bidders' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. F. Insurance Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. The consultant is encouraged to contact its insurance carriers during the qualifications submittal stage to ensure that the insurance requirements can be met ifselected for negotiation of a contract agreement Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Proposal enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Proposal must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal. tem 9 _ - 19 "P -I ;'? APPENDIX A HR _1 -3- Item 9. - 19 REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E-Mail Address: Phone: Contact Person for Proposals: Title: Business Telephone: Fax: E-Mail Address: Business Fax: Is your business: (check one) ❑ NONPROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I 1 of 2 tem 9_ - M "P _1:11 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Federal Tax Identification Number: Title Phone City of Huntington Beach Business License Number: (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 2 of 2 P _i b' TtPm 9 - APPENDIX B Item 9. - 22 HB -136- 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 FOR Table of Contents Scope of Services CityStaff Assistance................................................................................................2 Term; Time of Perfonnance.....................................................................................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 Tennination 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................................................................................. I I HB -137- Item 9. - 23 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 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 , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ; 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 who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnedprofessional Svcs mayor I of 11 12/07 Item 9. - 24 HB -1338- 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 , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 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 Dollars 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 ma}or 2 of 11 12/07 HB - 1 39- Item 9. - 25 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 l 2/07 Item 9. - 26 HB -140- 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 III -141- Item 9. - 27 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/ surfneUprofessional sves mayor 5 of 11 12/07 Item 9. - 28 IIB -142- 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 tennination 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/ surfneUprofessional svcs mayor 6 of 11 12/07 HB -143- Item 9. - 29 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: 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: 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 secs mayor 7 of 11 12/07 Item 9. - 30 H B-144- 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 H B _ 1 4 _ Item 9. - 31 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 Item 9. - 32 I1I3.146- 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/ surfner/professional svcs mayor 10 Of 11 12/07 HB -147- Item 9. - 33 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 tenninated as provided herein. CONSULTANT, COMPANY NAME print name ITS: (circle one) Chainnan/PresidenWice President 0011 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director/Chief print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator APPROVED AS TO FORM: City Attorney agree/ surfnet/professional svcs mayor 1 I of 11 12/07 Item 9. - 34 1-113 -148- EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 2. D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A MIMU Item 9. - 35 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly 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 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 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. 1 Exhibit B Item 9. - 36 H -150- 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 HB _1;1_ Item 9. - 37 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B Item 9.-38 HB -152- APPENDIX C HB -153- Item 9. - 39 G CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements - Additional Vendor Type Automobile Professional Property Insured Liability General Liability Liability Insurance Workers' Comp' Endorsements Huntington Seach City Coaitcil Resolution No. 2008-63 requires submittal of eerfificate,s of insurance evidencing fire follom ing ininiinum linsitc with a Califoraia admitted carrier with a current A.M. Bests Rating crf'oto less than A: VIZ: See Exhibits AI - 4 for saootpIt, firms. Email: Justin. or Heather. Campbell a�surfci(j-hb.org Phone: 714-374-5378 or 714-536-52I0. rax: 714-535-5212. Any deductibte other than those allowed in this tnatr&, self -insured retentions or similar forms of coverage limitations or tnrodifications must be approved by the Risk Manager and City Atto►wey of the City of Huntington Beach, NOTE: Wah,ers and l or modifications are discouraged and will he considered only under extraordinary circumstances. Contractors: Any persons or entities who Minimurn of Combined single limit As required by Include the contract with the City and/or provide services to $1.000,000 per bodily injury and the State of policy number the City which are readily available and occurrence for property damage. California, with and Additional efficiently procured by competitive bidding. bodily injury, Minimum of statutory Limits Insured personal injury $1,000,000 per and Employer's L:ndorserncnt and properly occurrence. Allows Liability Requirement YerrnittecS: Any persons or entities who make damages. Allows up to $5,f)00 Insurance with statement application to the City for any use of or up to $1,00C} deductible. a limit of no below. (See Now encroachment upon any public street, waterway, deductible.(5cc (Additional Insured less than 3 belosv.) pier, or City property. Note t Molt-) lvrxlor.seinew is alYm-vs required Mlh General S 1.000,000 per accident for Vendors: Any persons or entities who transfers property or goods to the City which may or may Lialulir}- his.) bodily injury or not involve delivery and/or installation. - disease. (See• Now 2 be-lo Ll') Note I - Automobile Liability: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. Perinittees who do not use vehicles or equipment in connection with the permit shall not be required to provide auto insurance. To be exempt f-orn this requirement, perinittees must execute a declaration such as Exhibit I attached. Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non -Employee Status form is required. Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on belralfofthe contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no speciai limitations on the scope of protection afforded to the City. 1-113 fn4urance Malrix revised 4-7-16 (2).xtsx 1 of4 6 CITY OF HUNTIN+GTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Additional Vender Type Automobile Professional Property Insured Liability General Liability Liability Insurance Workers' Comp Endarsetnents Huntington Beach City Council Resalution No. 2008-63 requires submittal of certificates of i►rrurance evidencing, the following minimum li►nits Frith a California admitted carrier with a current A.M. Best'.s Rating oj'na less than A:V1L See Exhibits A 1 - 4 far sample forms. Ernail: Junin. lf'esse1<�F urfc!ty-hh.arg or Heather.org Phone: 714-374-5378 or 774-5.36-5210. rax: 714-5.36-5212. my deductible other than those allowed in this matrix, self -insured retentions or similarfirms of coverage limitations or modifications roust he approved by the Risk Manager and City Attorney of the City q jHuntington Reach. NOTE Waivers and/or modifications are discouraged and +vill fie considered only under extraordinary Circumstances. Design Professionals: Professional service Minimum of contractors who contract with the City and/or S 1,000.000 per provide architectural and/or engineering services occurrence and to (lie City. in the aggregate. Alowsup to All up Professional Services: Services that involve the exercise of professional discretion and $1000 independent.judgment based on an advanced or deductible, specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to 1-113 Muni Code 3.02. Services includes but are nol. limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Clainis made policies are acceptable if the policy further provides that: I ) The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will [Hake every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) if insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision ofat least two (2) years to report claims arising from work performed in connection with this agreement or permit. 4) The reporting of circumstances or incidents that might give rise to future claims. 1-113 Inswanc'e Matrl reOwcd 4-7-16 2 •Iss 2 of4 rtf I N CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor Type Automobile Professional Property Additional Insured Liability General Liability Liability Insurance Workers' Comp Endorsements Huiniingioni Beach City Council Resolulio►t No. 2008-63 requires stibsisinal of ccrlfcales of insurance evide►tcit2,p, file followi►►g ► didni uu limits i6th a Califoir►ria adivitted carrier with a current A.Af Bexl's Rating of no less roar[ A:1111. See Lxhibirs AI - 4 far sample foriats. Email: Jnxtiin.li'essel3�asurfcitf-hb,argorHeulleer. Caniphell�;snrfcity-Iili.arg Phone. 714-374-5378or 714-536-5210. Fax 714-536-5212. Aity dedu[ tihle other than those allofved ini this iiratrlCr self -insured rcteiiliotts or similar forins of coverage liniiialions or modifications must be approved hV tine Risk Manager and City Allorney of the City of Huntington Beach. ,NOTE. Waivers and /or modifications are discouraged and will be conisidered oinly under extraordii►ary eirefoiixtances. Licensees/Lessees` Any persons or entities Combined single limit Full As required by include the who contract with the City for the use of public bodily injury and replacement the State of policy number ptopertY property damage. cost with no Calitbrnia, with and Additional Minimum of coinsurance Statutory Limits Insured $1,000,000 per penalty and Employer's Endorsement occurrence. Allows provision. Liability Requirement up to $5,000 Insurance with statement deductible. a limit of no below.(5ec More (Additional Insurance less than 2-) Endorsement is ahva-vs $1,000,000 per required sWfh Geiieral accident for Uabifll-v Ins) 'bodily injury or disease. (se{ Now 1 below.) Note I - Workers' Compensation Exemption: Ifentity has no employees, a signed Declaration ofhon-Employee Status form is required. Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalfof the contractor, products and completed operations of the contractor, prernises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. 1•113 Insurance Matrix revised 4-7-16 (2).xlsx 3 of4 CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no less than A: VIL Any deductible other than those allowed in this matrix, self -insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. Vendor Type Minimum Insurance Requirements Professional Liability Design Professionals: Professional service contractors who Minimum of $1,000,000 per occurrence and in contract with the City and/or provide architectural and/or the aggregate. Allows up to $10,000 deductible. engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to H13 Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Claims made policies are acceptable if the policy further provides that: 1) The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor 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 or permit. 4) The reporting of circumstances or incidents that might give rise to future claims. HB Insurance Matrix revised 4-7-16 (2).xlsx HB - i 57- Item 9. - 43 ATTACHMENT #2 PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: Geosyntec OVERALL RANKING: 1 SUBJECT MATTER EXPERTSIRATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1902.5 Total Weighted Maximum Criteria Score Score Clarity of Proposal 175 200 Firm Qualifications 487.5 500 Staffing 500 500 Understanding & Methodology 450 500 Local Vendor Preference 100 100 References and Background 190 200 Total II. DUE DILIGENCE REVIEW • Interview Ranking: 1 • Highly qualified firm with 12 years experience providing services to Huntington Beach under a City contract. Have demonstrated flexibility and responsiveness to a number of City Departments and have 50 professionals in Huntington Beach office. Strong experience and credentials in areas identified in RFQ, including over 600 inspections of industrial and commercial facilities in Huntington Beach. Uses careful approach which considers perspective of all stakeholders, including business owners. Have conducted FOG inspections in HB since 2013 and worked on major projects, including Pacific City Development. Oil"" lp • Firm's pricing was competitive and within budget. Item 9. - 44 HR -158- PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: TetraTech, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1585 Total Weighted Maximum Criteria Score Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total Ill. DUE DILIGENCE REVIEW • Interview Ranking: 2 NAN Tetra Ter�Anc. — Summary of Review • Dynamic environmental firm with 20 years experience providing services listed in the RFQ to a wide variety of clients including local utility companies, municipalities and State agencies. Qualified staff and sub contractors with experience in all service categories of the RFQ. Have 80 technical staff in two local offices. Has worked with the City on methane mitigation planning and engineering for the Central Park Sports Complex. Tetra Tech, Inc. — P • Firm's pricing was competitive and within budget. i� NB - I 59- Item 9. - 45 PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: Vendor #3 OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1405 Total Weighted Maximum Criteria Score Score Clarity of Proposal 130 200 Firm Qualifications 400 500 Staffing 337.5 500 Understanding & Methodology 387.5 500 Local Vendor Preference 0 100 References and Background 150 200 Total IV. DUE DILIGENCE REVIEW • Interview Ranking: 3 • Medium sized company that can handle complex large projects with extensive experience in performing Environmental Site Assessments. Annually performs approximately 100 Phase I, 50 Phase II and 12 Phase III site assessments including Phase I for the 11 mile long 405 widening project and Phase II for ARTIC in Anaheim. Providing services listed in the RFQ to local municipalities, State agencies and transportation authorities. Full scope experience from site investigation to elaborate remediation methods on complex projects. Vendor #3 — Pricing' • N/A — Not Selected 3 Item 9. - 46 HB -160- PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: Vendor #4 OVERALL RANKING: 4 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1150 Vendor #4. -- Minimum Qualifications Revievsr : ,- Total Weighted Maximum Criteria Score Score Clarity of Proposal 130 200 Firm Qualifications 350 500 Staffing 300 500 Understanding & Methodology 250 500 Local Vendor Preference 0 100 References and Background 120 200 Total V. DUE DILIGENCE REVIEW • Interview Ranking: 4 • Large multi -disciplinary company with expertise including environmental analysis, planning, civil engineering, grant writing, GIS services and surveying. Firm has provided services for the City in the past including CEQA & NEPA document preparation, preparation and review of technical studies regarding environmental sensitive projects, and General Plan review and update, Vendor #4 -- Pfief y • N/A — Not Selected El HB -161- Item 9. - 47 PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: Hazardous Waste & Material for the Fire Department VENDOR: Group Delta OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1457 Group Delta —Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Clarity of Proposal 150 200 Firm Qualifications 425 500 Staffing 350 500 Understanding & Methodology 362.5 500 Local Vendor Preference 0 100 References and Background 170 200 Total II. DUE DILIGENCE REVIEW • Interview Ranking: 1 • Highly qualified firm with experience performing Phase I and Phase II Environmental Site Assessments (ESAs). Experienced in dealing with complex types of contaminated sites that require remediation, including sites listed as Superfund, sites that require site investigations, sampling of soil and groundwater, groundwater monitoring, well installation, and ecological risk assessments. Groc�p:T Pricing • Firm's pricing was competitive and within budget. Item 9. - 48 HB -1.62- PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: Hazardous Waste & Material for the Fire Department VENDOR: EEC, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTSIRATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1585 Total Weighted Maximum Criteria Score Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total III. DUE DILIGENCE REVIEW • Interview Ranking: 2 EEC, Inc. — Oinmary of Review • Medium sized company that can handle the complexity of our larger scale development projects. Has performed numerous ESA reviews throughout Southern California. Performed Phase I, II, and III ESA investigations for a sensitive project in Carson where a housing track had explosive levels of methane within single family homes. Firm is capable of providing hazardous materials related engineering services as requested in RFQ. °1t��„,pricing � • Firm's pricing was competitive and within budget. 2 HB -163- Item 9. - 49 PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: Landfill and Gas Services for the Fire Department VENDOR: Geosyntec OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1902.5 ' Geosh t ini�rium Qual . �' e��e � , Total Weighted Maximum Criteria Score Score Clarity of Proposal 175 200 Firm Qualifications 487.5 500 Staffing 500 500 Understanding & Methodology 450 500 Local Vendor Preference 100 100 References and Background 190 200 Total 19i2 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 • Highly qualified firm with 12 years experience providing services to Huntington Beach under a City contract. Have demonstrated flexibility and responsiveness to a number of City Departments and have 50 professionals in Huntington Beach office. Strong experience and credentials in areas identified in RFQ, including over 600 inspections of industrial and commercial facilities in Huntington Beach. Uses careful approach which considers perspective of all stakeholders, including business owners. Have conducted FOG inspections in HB since 2013 and worked on major projects, including Pacific City Development. Geosyntec -- Pricing • Firm's pricing was competitive and within budget. Item 9. - 50 xB -164- PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: Landfill and Gas Services for the Fire Department VENDOR: TetraTech, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1585 Total Weiahted Maximum Criteria Score Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total III. DUE DILIGENCE REVIEW • Interview Ranking: 2 • Dynamic environmental firm with 20 years experience providing services listed in the RFQ to a wide variety of clients including local utility companies, municipalities and State agencies. Qualified staff and sub contractors with experience in all service categories of the RFQ. Have 80 technical staff in two local offices. Has worked with the City on methane mitigation planning and engineering for the Central Park Sports Complex. Tetra Tech, lric, — Pricirt b w • Firm's pricing was competitive and within budget. 2 IiI -i65- Item 9.-51 PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services SERVICE DESCRIPTION: Water Quality Services for Public Works Department VENDOR: Huitt-Zollars OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1370 Total Weighted Maximum Criteria Score Score Clarity of Proposal 130 200 Firm Qualifications 325 500 Staffing 375 500 Understanding & Methodology 400 500 Local Vendor Preference 0 100 References and Background 140 200 Total II. DUE DILIGENCE REVIEW • Interview Ranking for Water Quality Category: 1 im • Pioneers in designing regional storm water treatment projects and grant writing. Provided industrial/commercial and FOG inspections for a variety of LA County and Orange County agencies including the County of Orange and are very familiar with the MS4 permit. Experience with both private and public clients in providing a wide variety of water quality related services from development of site -specific Storm Water Pollution Prevention Plans to conducting programmatic audits of clients storm water programs. Partnering with GSK to provide industrial/commercial inspection and has an extensive list of highly qualified staff that can provide consulting services on short notice. � sl • Competitive and within budget. Item 9. - 52 € B - i 66- PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services — Water Quality Category SERVICE DESCRIPTION: As -Needed Environmental Services for Public Works Department VENDOR: PACE OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1405 Total Weiahted Maximum Criteria Score Score Clarity of Proposal 130 200 Firm Qualifications 400 500 Staffing 337.5 500 Understanding & Methodology 387.5 500 Local Vendor Preference 0 100 References and Background 150 200 Total III. DUE DILIGENCE REVIEW • Interview Ranking: 2 .r_—.�ununa1y v1 FXUV1WVV AMERLTAIWAMM • Industry leaders in grant writing and administration especially as related to storm water. Extensive experience and knowledge in designing storm water treatment BMPs and firm was one of the consultants that assisted in the development of the Technical Guidance Document for the County of Orange Watersheds group. Sub -contracting with GIS to provide industrial/commercial inspection services as well as FOG inspections. Highly qualified staff with intimate knowledge of Orange County MS4 permit PACE —Pricing • Competitive and within budget. 2 FIB -167- Item 9. - 53 PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services — Water Quality Category SERVICE DESCRIPTION: As -Needed Environmental Services for Public Works Department VENDOR: Vendor #3 OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1902.5 Total Weighted Maximum Criteria Score Score Clarity of Proposal 175 200 Firm Qualifications 487.5 500 Staffing 500 500 Understanding & Methodology 450 500 Local Vendor Preference 100 100 References and Background 190 200 Total IV. DUE DILIGENCE REVIEW • Interview Ranking: 3 • Highly qualified firm with 12 years experience providing services to Huntington Beach under a City contract. Have demonstrated flexibility and responsiveness to a number of City Departments and have 50 professionals in Huntington Beach office. Strong experience and credentials in areas identified in RFQ, including over 600 inspections of industrial and commercial facilities in Huntington Beach. Uses careful approach which considers perspective of all stakeholders, including business owners. Have conducted FOG inspections in HB since 2013 and worked on major projects, including Pacific City Development. • N/A — Not Selected 3 Item 9. - 54 HB _1b8_ PROFESSIONAL AND SERVICES SERVICE: As -Needed Environmental Engineering Services - Water Quality Category SERVICE DESCRIPTION: As -Needed Environmental Services for Public Works Department VENDOR: Vendor #4 OVERALL RANKING: 4 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: 1635 Vendor #4 —Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total 1635 r, a V. DUE DILIGENCE REVIEW • Interview Ranking: 4 • Dynamic environmental firm with 20 years experience providing services listed in the RFQ to a wide variety of clients including local utility companies, municipalities and State agencies. Qualified staff and sub contractors with experience in all service categories of the RFQ. Have 80 technical staff in two local offices. Has worked with the City on methane mitigation planning and engineering for the Central Park Sports Complex. Subcontractor is highly qualified in providing inspection services as related to the inspection of industrial/commercial facilities and the under the FOG program for various municipal agencies in LA County. Vendor #4 - Pricing • N/A — Not Selected 4 HB -169- Item 9. - 55 ATTACHMENT #3======. OSYNTEC PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC. FOR AS -NEEDED ENVIRONMENTAL 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 Geosyntec Consultants, Inc., a Florida Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As -Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services 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 Eric Smalstig who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 of 10 l 6-5484/145758.doc 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on �C,c�SR.cc .4•�� 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Four Hundred and Fifty Thousand Dollars ($450,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2of10 16-5484/145758.doc 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 3of10 16-5484/145758.doc ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4of10 16-5484/145758.doc A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5of10 16-5484/145758.doc be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 6of10 16-5484/145758.doc 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 Geosyntech Consultants, Inc. ATTN: Jim Merid/Kevin Justen Att: Eric Smalstig 2000 Main Street 2100 Main Street, Suite 150 Huntington Beach, CA 92648 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 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 7of10 16-5484/145758.doc covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8of10 16-5484/145758.doc CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9of10 16-5484/145758.doc Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of GEOSYNTEC CONSULTANTS, INC. e ITS: (circle on) Secretary hief Financial Officer/Asst. Secretary - Treasur TED APPROVED 10 of 10 16-5484/145758.doc .P► - APPROVED: City Attorney Dp (131ft\�o EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an "as -needed" basis for general environmental engineering, water quality, landfill and gas anomaly, and hazardous waste/material projects to be determined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the 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's As -Needed Environmental Engineering Services Scope of Work as detailed below: General Environmental Engineering • Prepare, assist, and review Preliminary Environmental Studies; • Review of project plans and specifications; • Perform field investigations; • Provide site assessment an preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Process and review Grant and Federal Funding Applications; • Assist in the development of City specifications and local fire code amendments; • Provide training to City staff on various environmental review processes. In general, the consultant shall perform general environmental engineering services on an "as - needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Monitoring and Inspections • Perform maintenance, monitoring and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • Prepare documentations that comply with applicable regulatory agency requirements for permitting; • Review 3rd party reports and studies, and provide City staff with comments and recommendations. Grant Applications • Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre -bid conferences and job walks, prepare addenda, and analyze bids. Construction Stage • Attend pre -construction conference. • Monitor construction schedule, visit construction sites as required for progress and quality of work evaluation. • Assist the engineer, contractor, construction manager/contractor administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittal, and the review and negotiation of change orders. • Prepare "as -built" drawings. 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. Public Works Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Public Works Department: Water Quality Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems; 0 Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; • Perform inspections of food facilities under the Fats, Oils, & Grease (FOG) Control program; • , Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable agencies; • Assist in preparing and/or reviewing urban runoff plans. Fire Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Fire Department:- 0 Landfill & Gas Anomaly • Prepare and review methane gas mitigation plans; • Provide and review routine methane gas monitoring; • Provide maintenance and inspection of active gas collection systems; • Investigate, review and provide mitigation plans for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systems; • Review oil well abandonment documents; • Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material • Provide contaminated site evaluation; • Provide and review mitigation plan for waste handling disposal; • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; • Perform, review, and prepare Phase I (Initial Site Assessment) or Phase II Reports; • Perform, review, and prepare Phase III (remedial action plans) Reports. EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly 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 I. 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 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. 1 Exhibit B 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. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 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 GEOSYNTECH CONSULTANTS INC. FOR AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents Scopeof Services..................................................................................................... I 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 IndependentContractor............................................................................................6 Terminationof 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.................................................................................I 1 PPRP l As -Needed Environmental Engineering Services for City of Huntington Beach/Public Works and Fire Departments ENGINEER/SCIENTIST RATE/HOUR Staff Professional 1 $112 Staff Professional 11 $134 Senior Staff Professional $156 Professional $180 Project Professional $204 Senior Professional $232 Principal $259 Senior Principal $286 CONSTRUCTION SERVICES Engineering Technician 1 $84 Engineering Technician II $89 Senior Engineering Technician 1 $99 Senior Engineering Technician II $105 Site Manager 1 $110 Site Manager II $120 DESIGN, GRAPHICAL, AND ADMINISTRATIVE SERVICES Designer i $145 Senior Drafter/Senior CADD Operator $130 Drafter/CADD Operator/Artist $114 Project Administrator $79 Clerical $56 GENERAL Direct Expenses Cost Plus 12% Subcontract Services Cost Plus 15% Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $24 Personal Automobile (per mile) Current IRS Rate Photocopies (per page) $.10 - Rates are valid for a period of three (3) years from contract award. - Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. - When project -specific conditions require it, a Subject Matter Expert may be used in a senior review capacity at a rate of $320 per hour. - When necessary, Geosyntec will provide a modified rate schedule to address prevailing wage requirements. Geosyntec° FEE PROPOSAL cunsuhanls Client#: 25361 GEOSCONS ❑ATE (MMIDD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 3/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS�WAIVED, subject to the terms and conditlons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsement(s). PRODUCER NA E: TACT Carly UnderwoodO _ Greyling Ins. Brokerage/EPIC PHONE 770.552.4225 �� tAlc,rv4): 866.550.4082 3780 Mansell Road, Suite 370 EMAIL Y. cart ure lin Alpharetta, GA 30022 ADDREssnderwood @9 com Y _. g __ _ EN_SURER(S) AFFORDING COVERAGE _ _ NAIC III INSURER A : Allianz Underwriters Insurance 36420 ............... -- -..... - _ ........ _.....„._..........„..._ ..,, .,,. ......._.___._........... ..... . .................. .........._.._-.. . INSURED INSURER B : Geosyntec Consultants, Inc. 1111 Broadway, 6th Floor I INSURER C(---............_._............... _..._.____�,.-_...„ ._..._.._-- . Oakland, CA 94607-0000 ( INSURER D; I INSURER E: i INSURER F : COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. .. „...�.._,....._.......... IADDLpSU$Ri .. ......_,._.-._.___. .„_. . POLICY EFFq ROLICY EXP j ------- - - _. TYPE OF INSURANCE _ IINSR lWVp !_ POLICY NUMBER „(MM/DDIYYYY„�„1{MMIOOtYYYY LIMITS COMMERCIAL GENERAL LIABILITY --I OCCURRENCE EACH OCCURRENCE S _ _ __,I CLAIMS -MADE ED OCCUR,PREMISS EIiErncej__-- MILD EXP (Any one person) $ PERSONAL & ADV INJURY 5 GEN'L AGGREGATE LIMIT APPLIES PER ( GENERAL AGGREGATE $ PRO- { I APPROVED AS 13 FORM ` PRCDUCTs-COMP/OP AGG S POLICY Ej JECT L—! LOC AUTOMOBILE LIABILITY_ By• ............ ..... - i S OTHER. ......__.,_. _' ---. .... I OMt11NEfl SINGLE LfAiIT Ea u ti0 S ICHAEL E ATES BODILY INJURY P rs n $ ANY AUTO WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOrVFIARTNER/EXECUTIVE YIN OFFiGERFMEMBER EXCLUDED? O (Mandatory in NH) NIA PER OTH- crP..T.L�.IF.......__,—L.R E,L, EACH ACCIDENT — S 1 E L DISEASE - EA EMPLOYEE $ ? 1 E L, DISEASE- POLICY LIMIT $ Per Claim $8,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below _ Professional Liab EIL2006716 4/01/2016 _ 04/01/20 7 A /Contractors Aggregate $10,000,000 Pollution Liab I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: As -Needed Environmental Engineering Services. Professional Liability Deductible: $10,000. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below. CERTIFICATE HOLDER L;ANI LLLA IIVN Clof Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CURPURATIUN. All nghts reserveo. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S453988/M453216 CUND1 CWE0000-01 ILAINE �-- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)1/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. 6 Centerpointe Drive #350 La Palma, CA 90623 CONTACT ONNo, Ext): (714) 739-3177 (A/C, No):(714) 739 3188 (A/C ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Crum 8r Forster Specialty Insurance Company 44520 INSURED CWE 1561 E. Orangethorpe Avenue Suite 240 Fullerton, CA 92831 INSURER B: American Fire and Casualty Company 24066 INSURER c : State Compensation Insurance Fund of California 35076 INSURER D INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSO SUBR WVD POLICY NUMBER POLICY EFF MMIDD YY POLICY EXP MMIDD/YYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX� OCCUR EPK-114949 APPROVED AS TO _ M'\ Irt"��` �11 MICHAIIIELE. GATES' f CITY ATTORNEY 12108/2016 FORM �/! � j�• I 12/08/2017 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Anyone person $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY PRO ElLOC JECT OTHER GENERAL AGGREGATE $ 4,000, 00 PRODUCTS - COMP/OPAGG $ 4'���'��� $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY L AUTOS HIRED NON-pWNED AUTOS ONLY AUTOS ONLY CrrY OF HUNTINGTO BAA57609336 BEACH 12/08/2016 12/08/2017 Ee BIN Dt SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 1 1 EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 9170147-2016 12/01/2016 12/01/2017 X I PER OTH- STATUTE ER EL EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,00� E L. DISEASE - POLICY LIMIT 1,000,000 $ A A Professional Liabili Claims -Made EPK-114949 EPK-114949 12/08/2016 12/08/2016 12/08/2017 12/08/2017 Each Occurrence Aggregate 2,000,000 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER GANGELLATIUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk February 8, 2017 Geosyntech Consultants, Inc. ATTN: Eric Smalstig 2100 Main St., Ste. 150 Huntington Beach, CA 92648 Dear Mr. Smalstig: Enclosed is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and Geosyntec Consultants, Inc. for As -Needed Environmental Engineering Services." Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand