HomeMy WebLinkAboutJOHN M. TETTEMER & ASSOCIATES, INC. - 1999-09-07r� e�
CITY OF HUNTINGTON BEACH
MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: 99-087
Council/Agency Meeting Held: 9/a 99
Deferred/Continued to:
ApWoveod ❑ Conditionally Approved ❑ Denied
Clerk's Signature
Council Meeting Date: September 20, 1999
Department ID Number: 99-087
CITY OF HUNTINGTON BEACH =� _
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS;
SUBMITTED BY: RAY SILVER, City Administrator rXY
-J D
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works I
SUBJECT: APPROVE JOHN M. TETTEMER & ASSOCIATE'S INSURANCE WAIVER
FOR SHIELDS PUMP STATION DESIGN; CC- 584
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Authorization is requested to approve the insurance waiver as recommended by the
Insurance Settlement Committee for services by John M. Tettemer for the Shields Storm
Drain Pump Station Design; CC-584.
Funding Source:
HIM
Recommended Action: Motion to:
Approve the insurance waiver as recommended by the Insurance Settlement Committee.
Alternative Action(s):
N/A
Analysis:
Council approved the selection of John M. Tettemer to provide design services for the
Shields Storm Drain Pump Station. Staff inadvertently omitted the motion requesting
waiver of the insurance requirements as part of the action taken September 7, 1999.
Therefore, staff now requests approval.
The professional liability insurance coverage held by John M. Tettemer & Associates does
not meet the City's requirements. On August 3, 1999, the City's Insurance Settlement
Committee met and approved John M. Tettemer & Associate's insurance as provided and
are recommending Council approval of the waiver.
Public Works Commission Review:
Conceptual review of the project was made during the Commission's review of the Public
Works CIP budget on August 25, 1999. Final Commission review of the detailed project
will be scheduled prior to advertising for construction bids.
Environmental Status:
All required environmental clearances will be processed prior to future Council action
to approve a construction contract.
Attachment(sl:
1. 1 RCA approved September 7, 1999
2. Agreement
1 3. 1 Insurance
4. 1 Settlement Committee recommendation
RCA Author: S. Krieger:jm Ext. 5259 35849
584 accept consultant
09/13/99 5:15 PM
ATTACHMENT 1
CITY OF HUNTINGTON BEACH
MEETING DATE: September 7, 1999 DEPARTMENT ID NUMBER: 99-087
Council/Agency Meeting Held: /
Def rred/Continued to:
Ap ov d ditionally Appr ed Denied
71
�jj/ y Jerk's Signature
Council Meeting Date: September 7, 1999
Department ID Number: 99-087
CITY OF HUNTINGTON BEACH _
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 'T
SUBMITTED BY: RAY SILVER, City Administr%rfef-
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: APPROVE CONSULANT SELECTION FOR SHIELDS PUMP STATION
IMPROVEMENTS; CC- 584
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Authorization is requested to approve the selection of a consultant to provide the necessary
design services for the Shields Storm Drain Pump Station Improvements; CC-584.
Funding Source:
In June 1999, a grant of approximately $1.6 million was awarded to the City from the Federal
Emergency Management Agency (FEMA) for design and construction improvements to the
Shields Storm Drain Pump Station. The City is responsible for providing matching funds of
25%, which are included in the proposed FY 99/01 budget.
Sufficient funds are available in FY 98-99 budget to award the project. Expenditures are
reimbursed by FEMA as progress payments.
Recommended Action: Motion to:
1. Approve $206,008, for the preparation of improvement plans, specifications,
And,
2. Approve the selection of John M. Tettemer & Associates, Incorporated,
Costa Mesa, California, to prepare the improvement plans, specifications
for the Shields Storm Drain Pump Station; CC-584, And,
HBMC S. 3.03 Documentation
pursuant to Page 1 of agreement
3. Approve the attached agreement with John M. Tettemer & Associates and
authorize the Director of Public Works to expend $232,608 to cover
contract costs of $206,008, potential change orders of $20,600, and
supplemental expenditures of $6,000.
Alternative Action(s):
Deny approval of the agreement and provide staff with additional direction in which to
proceed. Delays in the project may jeopardize the grant status.
Analysis:
The Shields Storm Drain Pump Station is located at 6252 Shields Drive and discharges into
the Garden Grove/ Wintersburg (CO5) Channel. The station was originally designed and
sized utilizing 1960's hydrological methods and is considered deficient per current
standards and criteria.
In June 1999, the City was successful in securing a FEMA Hazard Mitigation Grant for a
total of $1,660,000, to demolish the deficient station and construct a new station. The new
station will be designed to provide the greatest capacity increase possible within the
existing lot.
Proposal Evaluation and Recommendation:
On May 5, 1999, RFP's for the Shields Storm Drain Pump Station, were mailed to
eight qualified civil engineering consultants. Each firm was asked to submit a written
response by May 27, 1999. Proposals were received from five firms:
Firm Location
1. ASL Consultants, Incorporated Irvine, CA
2. Holmes & Narver Orange, CA
3. John M. Tettemer & Associates Costa Mesa, CA
4. Moffatt & Nichol Engineers Long Beach, CA
5. Tetra Tech, Incorporated Costa Mesa, CA
A three member committee reviewed the proposals submitted and prepared written
evaluations on the basis of qualifications and experience of key individuals, staff
availability, references, successful completion of similar projects, and quality of
proposal for each firm. The committee interviewed the top two firms, and on June
24,1999, selected John M. Tettemer & Associates.
Unfortunately, the professional liability insurance coverage held by John M. Tettemer &
Associates does not meet the City's requirements. Therefore, on August 3, 1999, the City's
Insurance Settlement Committee met and approved John M. Tettemer & Associates
insurance as provided and are recommending Council approval of the waiver.
584 accept consultant
08/27/99 8:53 A:
Requested funds for the design of the Shields Storm Drain Pump Station:
Agreement amount $206,008
Potential change orders 20,600
Supplemental expenses- 6,000 **
TOTAL = $232,608
The Director of Public Works requests authorization to spend up to $20,600
on potential changes or additions to the scope of services which cannot be
specifically identified at this time.
** The completion of the pump station design may require expenditures for such
items as printing, utility potholing and permit applications to other agencies.
Therefore, $6,000 is requested for these supplemental expenditures.
Public Works Commission Review:
Conceptual review of the project was made during the Commission's review of the Public
Works CIP budget on August 25, 1999. Final Commission review of the detailed project
will be scheduled prior to advertising for construction bids.
Environmental Status:
All required environmental clearances will be processed prior to future Council action
to approve a construction contract.
Attachment(s):
1. Location Map
2. Agreement
3. Insurance
4. Settlement Committee recommendation
RCA Author: S. Krieger:jm Ext. 5259 35849
584 accept consultant -- 08/26/99 8:58 AM
ATTACHMENT 2
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY OLERK
CONNIE BROCKWAY
CRY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: 0916 b-ek
TO,,Lh44%Y% T (�/I7 P� �554C°./t [ 1�PS�e.ATTENTION:
Name L��/S/ �/iYulu y%✓P . 7� i — / DEPARTMENT:"
REGARDING:
City, State, Zip
See Attached Action Agenda Item L�'y Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds
w R'CwA/ Deed
CC:
op
Na)a., Dep ment RCA
Agreement
Nam Department RCA Agreement
Name
Department RCA
Na a Department RCA
Risk Management Dept.
Insurance
Other
Insurance Other
Insurance Other
Agreement Insurance Other
Agreement Insuranc Other
Insurance
Received by Name - Company Name - Date
G:Followup/coverltr
1 Telephone: 714-536-5227)
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JOHN M. TETTEMER & ASSOCIATES, INC. FOR
SHIELDS STORM DRAIN PUMP STATION (CC-584)
THIS AGREEMENT is made and entered into this day of Aegze nd 2,�
1999, by and between the City_ of. Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and JOHN M. TETTEMER & ASSOCIATES,
INC., a California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to prepare plans,
specifications and cost estimates for the Shields Storm Drain Pump Station (CC-584); 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 said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal ("RFP"), and CONSULTANT's Proposal dated May 27, 1999 (both of which are
hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this
AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as
the "PROJECT."
CONSULTANT hereby designates Robert Reid who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this AGREEMENT.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this AGREEMENT.
3. TIME OF PERFORMANCE
Time is of the essence of this AGREEMENT. The services of CONSULTANT
are to commence as soon as practicable after the execution of this AGREEMENT and all tasks
specified in Exhibit "A" shall be completed no later than. one hundred fifteen (115) days from the
date of this AGREEMENT. These times may be extended with the written permission of CITY.
The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the
Scope of Services on the Work Program/Project Schedule. This schedule may be amended to
benefit the PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Two Hundred Six Thousand and Eight Dollars
($206,008).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this
AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of
precedence shall govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the
CITY's RFP.
6. 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
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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.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. 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. Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) 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
5) For all payments include an estimate of the percentage of work
completed.
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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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
AGREEMENT is terminated as provided herein.
D. Any billings for extra work or additional services authorized 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.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
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PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and save,and.hold harmless
'CITY, its officers, officials, and -employees, and agents from and against any, and all liability, loss,
damage, expenses, costs (including without limitation, costs and fees of litigation of every nature)
arising out of or in connection with CONSULTANT's 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.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
g:agree:cc-584/jmf/7/8/99
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers'. compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
-the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
-form which includes -a designated;. general. aggregate limit, the aggregate limit must.be no less
than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
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professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent -policies
purchased as renewals or replacements).
B. CONSULTANT 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.
C. 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.
D. The reporting of circumstances or incidents that might -give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
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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 coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT.
` CITY or its representative shall at all times have the right to demand .the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, .acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its 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
services to be performed hereunder.
15. 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 PROJECT is fully complete. Any termination of this AGREEMENT
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein.
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16. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
17. 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.
18. 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 AGREEMENYin violation of the:applicable provisions.of the
California Government Code.
19. NOTICES
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows:
TO CITY:
Robert Beardsley
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Robert Reid, Project Manager
John M. Tettemer & Associates, Inc.
3151 Airway Avenue, Suite Q-1
Costa Mesa, CA 92626
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0
20. 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.
21. 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.
22. ATTORNEY'S FEES
,._- In the.event suit is•brought by either party to enforce the terms and°provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
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23. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEMENT between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by and through their authorized offices the day, month and year first above written.
JOHN M. TETTEMER & ASSOCIATES,
INC., a California corporation
By:
Max Vahid President
B 0-6a'
Gary Campanaro, Secretary
REVIEWED AND APPROVED:
Cit dministrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
-'� - tvt-��
Mayor
ATTEST:
City Clerk
APPROVED AS TO FO1;(M:
o /
y�Ciity Attorney
TED�ROVED:
Director of Public Works
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JOHN M. TETTEMER & ASSOCIATES, INC. FOR
SHIELDS STORM DRAIN PUMP STATION (CC-584)
Table of Contents
WorkStatement.......................................................................................................I
CityStaff Assistance................................................................................................2
Time of Performance...............................................................................................2
Compensation..........................................................................................................2
Priorities........................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................4
HoldHarmless.........................................................................................................5
Workers' Compensation Insurance..........................................................................5
General Liability Insurance......................................................................................6
Professional Liability Insurance..............................................................................6
Certificates of Insurance..........................................................................................7
Independent Contractor............................................................................................8
Termination of Agreement.......................................................................................8
Assignment and Subcontracting..............................................................................9
Copyrights/Patents...................................................................................................9
City Employees and Officials..................................................................................9
Notices.....................................................................................................................9
Immigration..............................................................................................................10
Legal Services Subcontracting Prohibited...............................................................10
Attorney's Fees.........................................................................................................10
Entirety.....................................................................................................................10
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ATTACHMENT 3
Client#: 5791 /6
AD-tNWCERTIFICATE OF LIA
PRODUCER. 0;. /! /
Dealey, Renton & Associat�l./l/T� (�//� �0
P. O. Box 10550 /'aLG11_1
Santa Ana, CA 92711-0550 k 00.(00
714 4 2 7 _6 810 _ %1„ ,�� ✓nd _��/,�, �c�
INSURED
Keith Companies, Inc. ~%D
John M. Tettemer & Associates
P.O. Box 25127
Santa Ana, CA 92799
COVERQC;FR
C
BII
KEITHCOMP
MY INSURANCE 7/14/9 U
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
LINSURERA:Reliance Insurance Company
INSURER B:F_i reman' s Fund
;INSURERc:Design Professionals Ins. Co.
i INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY LTg TYPE OF INSURANCE POLICY NUMBER DATUM EFFECTIVE!POLICY
/OD/,DATE(MM EXPIRATION LIMITS
A GENERAL LIABILITY IPQ8572750 12/13/98 ' 12/13/99 1 EACH OCCURRENCE $1, 000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $1 , 000,000
.CLAIMS MADE X OCCUR; GL Deductible is i MED EXP (Anyone person) i s5 , 000
$ 1 0 , 0 0 0 for PD . PERSONAL & ADV INJURY $1 , 0 0 0 , 0 0 0
GENERAL AGGREGATE i s2l 000,000
GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG $2 , 000,000
POLICY PRO -
iLOC'
A AUTOMOBILE LIABILITY IPQ8572750 12/13/98 I12/13/99 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) - $1 , 00 0, 0 0 0
-- .1
ALL OWNED AUTOS *� ProfessionalUaabiility coverage, this 1 BODILY INJURY
SCHEDULED AUTOSaggre" limit lStheW►aInsurance avallable (Per person) $
X j HIRED AUTOS for all covered clalms;presentedwithin the BODILY INJURY $
X NON -OWNED AUTOS policy period. The limit will be reduced by I (Per accident)
payments for indemnity and expenses.
PROPERTY DAMAGE $
i (Per accident)
i
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT. $
ANY AUTO OTHER THAN EA ACC $
i AUTO ONLY: AGG $
EXCESS LIABILITY �C__i � ! d 1 L �V" EACH OCCURRENCE $
OCCUR CLAIMS MADE; ��-mP��'!3 � �� 4p&6 r� •" 7Z ' V� '_ AGGREGATE $
n�V¢2 !s- �Sornc
DEDUCTIBLE sQ�/%�•%a<d �i /��/i�l $
RETENTION S A),92j Ld AIDT 4&
B WORKERS COMPENSATION AND WZP80793826 12/31/98 12/31/99 I.X_ 79gylINIJ-TS_I —OER_
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT !$1, 000, 000
E.L.DISEASE-EAEMPLOYEE $1 , 0 0 0, 0 0 0
i
�E.L.DISEASE-POLICY LIMIT $1 000 000
C OTHER Professional PL700856 12/13/98 12/13/99 I $2, 000, 000 Per Claim
Liability * $2,000,000 Annual Aggr
100 000 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: All Operations as performed by Named Insured.
City of Huntington Beach, its named agents, officers and employees
are Additional Insureds as respects General Liability per endt
attached. Primary & Non -Contributing applies to GL.
(See Attached Descriptions)
City of Huntington Beach
ram' /-� r.
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THEISSUING INSURER WILL,'(NAIL30 DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE UEFT_-4DU7AkX3E3DMX3004=I
AUTHORIZED REPRESENTATIVE
ACORD25-S(7/97)1 of 2 #S14560/M14556 ( LSF .4-ACORDCgnPORATION1988
DESCRIPTIONS (Continued from Page 1) 1
If cancelled for non-payment of premium, 10 days notice given.
(AI/PR/GL-DED/PL-DED/X)
AMS 25.3 (07/97) 2 of 2 4514560/M14556
GENERAL ENDORSEMENT
In consideration of an additional premium of N/A , it is hereby understood and agreed that
the following applies:
[ X ] ADDITIONAL INSURED - CGB17504
CITY OF HUNTINGTON BEACH, ITS NAMED AGENTS, OFFICERS AND EMPLOYEES
is/are Additional Insured/s as respects to work done by Named Insured.
[ X ] PRIMARY COVERAGE - CGB17024
With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy
is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the
above Additional Insured/s.
[ X ] NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of
premium, 30 days written notice will be sent to the following by mail
CITY OF HUNTINGTON BEACH
DEPT. OF PUBLIC WORKS
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
In the event the policy is canceled for non-payment of premium, 10 days written notice will be sent to the
above.
Policy No.: PQ8572750 Effective Date: 7/13/99
Insurance Company: Reliance Insurance Company
Issued to: The Keith Companies
Jolu1 M. Tettemer & Associates
Issue Date: 7/14/99
Autho ' Re resenta ' e
QlAtik
EXHIBIT H
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
I. Name/Title/Department of Requesting Staff Member: Chris Mendoza/Of c Spec/Risk Mgmt
2. Date of Request: 8/11/99
3. Name of Con tractor/Perm ittee: Keith Compan�s ( John M TpttPmPr & Assoc)
4. Description of work to be performed: Preparation of plans, specifications and
cost estimate for the new pump station
5. Length o Contract: Six (6) months
6. Type of Insurance Waiver or Modification Requested: $10,000 deductible on general liability
(a)Limits: $1,000,000 (b)Coverage: General Liability
7. Reason for Request for Waiver or Reduction of Limits: Unable to obtain coverage without
deductible
8. Identify the risks to the City if this request for waiver or modifications granted:
Department Head Signature:
(This section to be completed by the Risk Manager)
Recommendation:
Approve Deny Risk Manager's Signature/Date462
(This section to be completed by the City Attorney)
Recommendation:
Appro4ndDeny City Attorney's Signature/D
Settlement Committee approval [is] [is not] required for this waiver. If Settlement Committee approval is required, submit
form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny
City Council approval [is] [is not] required for this waiver. If City Council approval is required, attach this form to the
RCA after consideration by the Settlement Committee. This insurance waiver [is] [is not] on City Council agenda.
jmp/k/resoution/insreq/2/6/98
7
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
I. Name/Title/Department of Requesting Staff Member 5+eVe t" e r
2. Date of Request J v 1y 3. Name of Contractor/Permittee Jan l�°I • 1Te �" 1y
2 M2r d- Q S S vc,CL+2S t! 3 r' 1?)
4. Description of work to be performed Pr�pa ra-f 10,1 1�+cools te, u r-+1 o
Flo vM2n+s ^t,,i^ Sli1���5 r.--. P,-a%,1 Pt, mA
-S c cc-- 5 43 4
5. Length of Contract s 'n/ a r
6. Type of Insurance Waiver or Modification Requested: I oJ�oao �e���f'�S�c -ski/ l�ro_-k PSs 10.1a1
�ubtllr'�`1' Co�ara�c G��_r��✓P�te� c�-r�-,Se.s —fa _k��ieM«-f Sec-- C.��rrS f� l
(a) Limits: Zj000_ov o (b) Coverage 1 c7 o0o O EDJC--r09- -G
7. Reason for Request for Waiver or Re/d'uction o�"TTc.ro of SSE /c4�C0 PtZ A `(- ,✓a IF-17
s
ctAAr/VE.` J Ml I 15 nar- _L- ee. i r, jo4hie.� a-,J � CQo",aan,eA 4k'^e--
i,-)4,.,vs a- W ta0
8. Identify the risks to the City if this request for waiver or modification is granted -rw6- G /77�
�i�cJL� //'rG✓� �t�D /7yo.�AC. EXi�EwJeJ /� �../?/(s/.17/u.✓ wE�E
Department Head Signatu
(This section to be completed by the Risk Manager)
Recommendation:
Approve Deny Risk Manager's Signature/Date
(This section to be completed by City Attorney)
Recommendation:
Approve Deny City Attorney's Signature/Date / / /
Settlement Committee approva is] a ot] required for this waiver. If Settlement Committee approvals required,
submit this form to City Attorne ffice to be placed on the agenda. Recommendation: Approve !/ Deny
City Council appro al is] is required for this waiver. If City Council approval is required, attach this form to the
RCA after considerate a Se lement Committee. This insurance waiver [is] [ is not] on City Council agenda.
-Fu#,-�-erenarc, un4
t-1J1«4C5 --O-%tre
�/
�1q�► 4 la(
STrt�S
o R
(�
o or -)`mil
ar"+
L.
l
sc-,cLi et
VIA %( � M#i(--
Facsimile
Date:
July 30, 1999
To:
Chris Mendoza
City Huntington Beach
Fax:
714-374-1597
CC:
Max Vahid
Re:
Insurance Deductible Waiver
The Keith Companies "Mc:
Job No.:
Project:
Shields Pump Station
From:
Anne Clarkson, Director
Corporate Credit
Fax:
(714) 641-4207
Pages:
4 (including this sheet)
❑ Urgent ❑ For ❑ For your use Q As requested ❑ For review &
approval comment
❑ Other:
Please request deductible wavier for The Keith Companies, Inc./J.M. Tettimer & Associates per your
voice mail message to me today. The information you requested is listed below. If you have more
detailed questions you need to contact Steve Krieger in your Public Works Dept. at 714-536-5259.
Original Certificate and Endorsement being returned to your attention by mail today.
Project Name: Sheilds Pump Station
Scope: Preparation of plans, specifications, and cost estimate for the new pump
station
Contract Amount: $206,300
Duration: 6 months
If you have any problems with this fax, please call (714)668-7053
P.O. Box 25127
Santa Ana
California 92799-5127
2955 Red Hill Avenue
Costa Mesa
California 92626-5923
t: 714.540.0800
www.keithco.com
C:Wy Documents1City HB tns. doc
EXPLANATION (Why is this RCA necessary to this agenda?):
Unfamiliar with insurance waiver requirements on RCA's caused the waiver motion to be
inadvertently left off the RCA. Thus, the necessity for this RCA.
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
It would delay the start of design and thus the start of construction of the new Pump Station
and could have ramifications on federal fundinq.
Sig
5��
Department Head
0 Approved O Denied
Ray Silver
Administrator
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works Department
SUBJECT:
APPROVE JOHN M. TETTEMER & ASSOCIATE'S
INSURANCE WAIVER FOR SHIELDS PUMP STATION
DESIGN; CC- 584
COUNCIL MEETING DATE:
z- y f ,
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
( )
( )
Assistant City Administrator (Initial)
( )
( )
City Administrator (Initial)
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM`.
RCA Author: S.Krieger x 5259
,(jeae�/ �1.cID
CITY OF HUNTINGTON BEACH
MEETING DATE: September 7, 1999 DEPARTMENT ID NUMBER: 99-087
Council/Agency Meeting Held: /
Def rred/Continued to:
pp ov d ditionally Appr d Denied
57eZ18'
�O
Uj)J y lerk's Signature
Council Meeting Date: September 7, 1999
Department ID Number: 99-087
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION =,
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City AdministratArtf�?9
` f�? 57.E
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works <�
SUBJECT: APPROVE CONSULANT SELECTION FOR SHIELDS PUMP STATION
IMPROVEMENTS; CC- 584
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Authorization is requested to approve the selection of a consultant to provide the necessary
design services for the Shields Storm Drain Pump Station Improvements; CC-584.
Funding Source:
In June 1999, a grant of approximately $1.6 million was awarded to the City from the Federal
Emergency Management Agency (FEMA) for design and construction improvements to the
Shields Storm Drain Pump Station. The City is responsible for providing matching funds of
25%, which are included in the proposed FY 99/01 budget.
Sufficient funds are available in FY 98-99 budget to award the project. Expenditures are
reimbursed by FEMA as progress payments.
Recommended Action: Motion to:
1. Approve $206,008, for the preparation of improvement plans, specifications,
And,
2. Approve the selection of John M. Tettemer & Associates, Incorporated,
Costa Mesa, California, to prepare the improvement plans, specifications
for the Shields Storm Drain Pump Station; CC-584, And,
�'Li
3. Approve the attached agreement with John M. Tettemer & Associates and
authorize the Director of Public Works to expend $232,608 to cover
contract costs of $206,008, potential change orders of $20,600, and
supplemental expenditures of $6,000.
Alternative Action(s):
Deny approval of the agreement and provide staff with additional direction in which to
proceed. Delays in the project may jeopardize the grant status.
Analysis:
The Shields Storm Drain Pump Station is located at 6252 Shields Drive and discharges into
the Garden Grove/ Wintersburg (CO5) Channel. The station was originally designed and
sized utilizing 1960's hydrological methods and is considered deficient per current
standards and criteria.
In June 1999, the City was successful in securing a FEMA Hazard Mitigation Grant for a
total of $1,660,000, to demolish the deficient station and construct a new station. The new
station will be designed to provide the greatest capacity increase possible within the
existing lot.
Proposal Evaluation and Recommendation:
On May 5, 1999, RFP's for the Shields Storm Drain Pump Station, were mailed to
eight qualified civil engineering consultants. Each firm was asked to submit a written
response by May 27, 1999. Proposals were received from five firms:
Firm Location
1. ASL Consultants, Incorporated Irvine, CA
2. Holmes & Narver Orange, CA
3. John M. Tettemer & Associates Costa Mesa, CA
4. Moffatt & Nichol Engineers Long Beach, CA
5. Tetra Tech, Incorporated Costa Mesa, CA
A three member committee reviewed the proposals submitted and prepared written
evaluations on the basis of qualifications and experience of key individuals, staff
availability, references, successful completion of similar projects, and quality of
proposal for each firm. The committee interviewed the top two firms, and on June
24,1999, selected John M. Tettemer & Associates.
Unfortunately, the professional liability insurance coverage held by John M. Tettemer &
Associates does not meet the City's requirements. Therefore, on August 3, 1999, the City's
Insurance Settlement Committee met and approved John M. Tettemer & Associates
insurance as provided and are recommending Council approval of the waiver.
584 accept consultant -- 08/27/99 8:53 AM
Requested funds for the design of the Shields Storm Drain Pump Station:
Agreement amount $206,008
Potential change orders 20,600
Supplemental expenses 6,000 **
TOTAL = $232,608
The Director of Public Works requests authorization to spend up to $20,600
on potential changes or additions to the scope of services which cannot be
specifically identified at this time.
** The completion of the pump station design may require expenditures for such
items as printing, utility potholing and permit applications to other agencies.
Therefore, $6,000 is requested for these supplemental expenditures.
Public Works Commission Review:
Conceptual review of the project was made during the Commission's review of the Public
Works CIP budget on August 25, 1999. Final Commission review of the detailed project
will be scheduled prior to advertising for construction bids.
Environmental Status:
All required environmental clearances will be processed prior to future Council action
to approve a construction contract.
Attachment(s):
1. 1 Location Map
2. I Agreement
3. Insurance
4. 1 Settlement Committee recommendation
RCA Author: S. Krieger:jm Ext. 5259 35849
584 accept consultant -- 08/26/99 8:58 AM
HBMC S. 3.03 Documentation
pursuant to Page 1 of agreement
3. Approve the attached agreement with John M. Tettemer & Associates and
authorize the Director of Public Works to expend $232,608 to cover
contract costs of $206,008, potential change orders of $20,600, and
supplemental expenditures of $6,000.
Alternative Action(s):
Deny approval of the agreement and provide staff with additional direction in which to
proceed. Delays in the project may jeopardize the grant status.
Analysis:
The Shields Storm Drain Pump Station is located at 6252 Shields Drive and discharges into
the Garden Grove/ Wintersburg (CO5) Channel. The station was originally designed and
sized utilizing 1960's hydrological methods and is considered deficient per current
standards and criteria.
In June 1999, the City was successful in securing a FEMA Hazard Mitigation Grant for a
total of $1,660,000, to demolish the deficient station and construct a new station. The new
station will be designed to provide the greatest capacity increase possible within the
existing lot.
Proposal Evaluation and Recommendation:
On May 5, 1999, RFP's for the Shields Storm Drain Pump Station, were mailed to
eight qualified civil engineering consultants. Each firm was asked to submit a written
response by May 27, 1999. Proposals were received from five firms:
Firm Location
1. ASL Consultants, Incorporated Irvine, CA
2. Holmes & Narver Orange, CA
3. John M. Tettemer & Associates Costa Mesa, CA
4. Moffatt & Nichol Engineers Long Beach, CA
5. Tetra Tech, Incorporated Costa Mesa, CA
A three member committee reviewed the proposals submitted and prepared written
evaluations on the basis of qualifications and experience of key individuals, staff
availability, references, successful completion of similar projects, and quality of
proposal for each firm. The committee interviewed the top two firms, and on June
24,1999, selected John M. Tettemer & Associates.
Unfortunately, the professional liability insurance coverage held by John M. Tettemer &
Associates does not meet the City's requirements. Therefore, on August 3, 1999, the City's
Insurance Settlement Committee met and approved John M. Tettemer & Associates
insurance as provided and are recommending Council approval of the waiver.
a
584 accept consultant
08/27/99 8:53 AM
ATTACHMENT 1
NOT TO SCALE
HEIL
L�SH�IELIDS E
ry
gg,
c
0
u
[PlotStamp Eval] Shields.dwg
L®CAT�ON MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT 2
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JOHN M. TETTEMER & ASSOCIATES, INC. FOR
SHIELDS STORM DRAIN PUMP STATION (CC-584)
VO
THIS AGREEMENT is made and entered into this , day of ggeg Ze� 0 -P—�
1999, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and JOHN M. TETTEMER & ASSOCIATES,
INC., a California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to prepare plans,
specifications and cost estimates for the Shields Storm Drain Pump Station (CC-584); 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 said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal ("RFP"), and CONSULTANT's Proposal dated May 27, 1999 (both of which are
hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this
AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as
the "PROJECT."
CONSULTANT hereby designates Robert Reid who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this AGREEMENT.
g:agree:cc-584/j mf/7/8/99
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this AGREEMENT.
3. TIME OF PERFORMANCE
Time is of the essence of this AGREEMENT. The services of CONSULTANT
are to commence as soon as practicable after the execution of this AGREEMENT and all tasks
specified in Exhibit "A" shall be completed no later than one hundred fifteen (115) days from the
date of this, AGREEMENT. These times may be extended with the written permission of CITY.
The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the
Scope of Services on the Work Program/Project Schedule. This schedule may be amended to
benefit the PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Two Hundred Six Thousand and Eight Dollars
($206,008).
rg
PRIORITIES
In the event there are any conflicts or inconsistencies between this
AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of
precedence shall govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the
CITY's RFP.
6. 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
2
g:agree:cc-584/j mf/7/8/99
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.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
r
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. 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. Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) 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
5) For all payments include an estimate of the percentage of work
completed.
3
gmgree xc-584/j mf/7/8/99
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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
AGREEMENT is terminated as provided herein.
D. Any billings for extra work or additional services authorized 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.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
4
g:agree:cc-584/j mf/7/8/99
PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and save and hold harmless
CITY, its officers, officials, and employees, and agents from and against any and all liability, loss,
damage, expenses, costs (including without limitation, costs and fees of litigation of every nature)
arising out of or in connection with CONSULTANT's 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.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
5
g:agree:cc-584/j mf/7/8/99
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
6
g:agree:cc-584/j mf/7/8/99
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT 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.
C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
7
g:agree:cc-584/j mf/7/8/99
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 coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its 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
services to be performed hereunder.
15. 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 PROJECT is fully complete. Any termination of this AGREEMENT
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein.
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16. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
17. 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.
18. 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.
19. NOTICES
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows:
TO CITY:
Robert Beardsley
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Robert Reid, Project Manager
John M. Tettemer & Associates, Inc.
3151 Airway Avenue, Suite Q-1
Costa Mesa, CA 92626
g: agree: cc-5 84/j mf/7/8/99
we
20. 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.
21. 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.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
10
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23. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEMENT between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by and through their authorized offices the day, month and year first above written.
JOHN M. TETTEMER & ASSOCIATES, CITY OF HUNTINGTON BEACH, a
INC., a California corporation municipal corporation of the State of
California
By: Z
Max Vahid President
ByQ�e d;�� jr' �, S Mayor
Gary Campanaro, Secretary ATTEST:
REVIEWED AND APPROVED:
City Clerk
Cit dministrator APPROVED AS TO FORM:
City Attorney
/ v TED ROVED: `
Director of Public Works
11
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1
2
3
4
5
6
7
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9
10
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12
13
14
15
16
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18
19
20
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23
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JOHN M. TETTEMER & ASSOCIATES, INC. FOR
SHIELDS STORM DRAIN PUMP STATION (CC-584)
Table of Contents
WorkStatement.......................................................................................................1
CityStaff Assistance................................................................................................2
Time of Performance...............................................................................................2
Compensation..........................................................................................................2
Priorities........................................................................................
2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................4
HoldHarmless.........................................................................................................5
Workers' Compensation Insurance..........................................................................5
General Liability Insurance......................................................................................6
Professional Liability Insurance..............................................................................6
Certificates of Insurance..........................................................................................7
Independent Contractor............................................................................................8
Termination of Agreement.......................................................................................8
Assignment and Subcontracting..............................................................................9
Copyrights/Patents...................................................................................................9
City Employees and Officials..................................................................................9
Notices.....................................................................................................................9
Immigration..............................................................................................................10
Legal Services Subcontracting Prohibited...............................................................10
Attorney's Fees.........................................................................................................10
Entirety.....................................................................................................................10
g:agree:cc-584/j mf/7/8/99
ATTACHMENT 3
Client# : 5791 KEITHCOMP �t—Z KC- _ ``g X-.
ALOW. CERTIFICATE OF LIABILITY INSURANCE ��i`4%9�Y
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIC
Deale, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT'
P . O.-Box 10550 HOLDER. THIS CERTIFICATE .DOES NOT AMEND, EXTEND O:!
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Santa Ana, CA 92711-0550
714 4 2 7 - 6 810 INSURERS AFFORDING COVERAGE
INSURED
INSDRtRA:Reliance Insurance Company
Keith Companies, Inc. -- NsuRER B:F- ireman' s Funndd
:
John M. Tettemer & Associates --
'NSUR Rc:Design Professionals Ins. Co.
P.O. Box 25127
:NSUR.ER D:
Santa Ana, CA 92799 ___..
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING
ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICYEFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICYNUMBER DATE(MM/DD/)'Y) DATE(MM/DD/YYI
_ LIMITS
A GENERAL LIABILITY PQ 8 5 7 2 7 5 0 12 / 13 / 9 8 12 / 13 / 9 9
EACH -OCCURRENCE $10 0 0, _0 0(
X CCMMERCIAL GENERAL LIABILITY
FIRE _DAM_AGE (Anyone fire) $1_ 000, 0 0
CLAIMSMADE X- OCCUR_IGL Deductible is
MED_EXP(Anyone person) $5, 000_-
$ 1 0, 0 0 0 for PD . :
PERSONAL -& ADV INJURY S1 , 0 0 0 ,. 0 0 C
_
GENERAL A_GGRE_GATE $2 , 0 0 0-f- 0-0 C
GEN'LAGGREGATELIMIT APPLIES PER: _PR-O-
DUCTS-OP/OPAGG $2_, 00.0, 0 0 C
-- - _-C---M-------- _- —
PO'�ICY PROT LOC
JEC
A AUTOMOBILE LIABILITY PQ8 5 72 7 5 0 12 / 13 / 9 8 1 2/ 1 3/ 9 9
COMBINED SINGLE LIMIT
$1 000, 000
X ANY AUTO
(Ea accident) ,
A.-! OWNED AUTOS `For professional Liability coverage, the
BODILY INJURY
S--iEDul-EOAUTOS aggregate limit is the total irwrarm vailaWe
(Perperson)
X =.e D AUTOS for all covered claims resented within the
p
BODILY INJURY
X NCN-OWNED AUTOS policy period. The limit will be reduced by
(Per accident)
payments for indemnity and expenses.
PROPERTY DAMAGE S
-
(Per accident)
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT $
A.\'AUTC
OTHERTHAN EAACC $
AUTO ONLY: AGG S
EXCESS LIABILITY
EACH OCCURRENCE $
CCCUR CLAWS MADE
AGGREGATE S
$
RE '=N tON S
$
B WORKERS COMPENSATION AND WZ P 8 0 7 9 3 8 2 6 12 / 31 / 9 8 12 / 31 / 9 9
X ORY LIMITS., ...... .ER --
EA�PLOYERS' LIABILITY
E.L. EACH ACC-IDEI:. $1 , 0 0 0 , U 0 0
E.L.DISEASE•EAEMPLOYEE 51 , 0 0 0, 0 0 0
E.L. DISEASE -POLICY LIMIT $1, 000, 000
C OTHERDrcfessional 12/13/98 12/13/99
$2,000,000 Per Claim
Liaf'._lir_V *
$2, 000, 000 Annual Aggr
$100,000 Deductible
DESCRIPTION OF: OPERATIONS/LOCATIONS/VEHICLESiEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: All Operations as performed by Named insured.
City of Huntington Beach, its named agents, officers and
employees
are Additional Insureds as respects General Liability per endt
attached. Primary & Non -Contributing applies to GL.
(See A--zached Descriptions)
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLATION
City c= Huntington Beach
2000 Na_._ Street
Huntinc�o:; peach, A 92r;418
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THEISSUING INSURERWILLKjC7&V AIL3.0-._DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT,`,8DGXKXX3=X3Q3i�M- DrLX
rA!'T'•:^K!?EC!?�i'RESENTATIVE (� D
ACORD25-S(7/97)1 of 2 #Si4560%M14556
LSF
ATION 1981
I- DESCRIPTIONS (Continued from Page 1)
IIf cancelled for non-payment of premium, 10 days notice given.
(AI/PR/GL-DED/PL-DED/X)
AMS 25.3 (07/97) of 2 #514560/M14�56
GENERAL ENDORSEMENT
In consideration of an additional premium of N/A , it is hereby understood and agreed that
the following applies:
[ t ] ADDITIONAL INSURED - CGB17504
CITY OF HUNTINGTON BEACH, ITS NANTED AGENTS, OFFICERS AND EMPLOYEES
is/are Additional Insured/s as respects to work clone by Named Insured.
[ l ] PRINIARY COVERAGE - CGB17024
With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy
is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the
above Additional Insured/s.
[ t ] NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of
premium, 30 days written notice will be sent to the following by mail
CITY OF I-IUNTINGTON BEACH
DEPT. OF PUBLIC WORKS
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
In the event the policy is canceled for non-payment of premium, 10 days written notice will be sent to the
above.
Policy No.: PQ8572750 Effective Date: 7/13/99
Insurance Company: Reliance Insurance Company
Issued to: The Keith Companies
John M. Tettemer & Associates
Issue Date: l,'; 4/91
Aut110 112e resenta e
ATTACHMENT 4
ATTACHMENT 4
Q,v,\
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/TitleiDepartment of Requesiing Staff Member S+eve_ �rlee— P OP w,
2. Date of Request J v w 7i
3. Name of Contractor/Pern-ittee_ J o k
4. Description of work to be performed P/_re_ pc ro-1 ► a rt o � Co n s fr v r _+1 o �
('`lO JY"1Pr1�S ��/ 5"lIgt I JOS 3t,r, P ra%,i
Su C- (- - 5 0 4-
5. Length of Contract I S° r iG' G G S
6. Type of Insurance Waiver or Modification Requested:
i IG�t{r7 Co�Q�aG c;n� re"r✓Po1"cj c�4��es -ta c.��cemt�-f gec. �t�rs
(a) Limits:/ 2,000 oo o (b) Coverage 1 c_'D oo,z) C> Eo�e T ►�-C
7. Reason for Request for Waiver or Reduction of Limits SSE /b`(T o�c r� `(� Po 2 ' `(LEE ✓l��
i:: n/&Fl. jM I 15 gel` � �C4� r/�►^% '7re� 4-,J �.�Fh�-
I r �..
A(wA—c r�,Gr� 4r,._Y 'd W loJo�.� r1eJLl l
3
S. Identify the risks to the City if this request for waiver or modification is granted TG{6_-_
CiOy�� (/'/G�� ��r�r%jo,•iAC_. EX�'�EN�EJ /� �/%/G/-}7/y,✓ wEieE"
0 oGc✓R. \
Department Head Signatu�?r`
(This secrioii to be completed b}• the Risk A9anager)
Recommendation:
Approve Deny Risk Manager's Signature./Date
(This section to be completed by City Attorne})
Rermmnic daziun:
Approve Deny City Attorney's Signature;,Date
/ /_
Settlement Committee approva ts�N[] required for this waiver. If Settlement Committee approval is required.
submit this form to City Attorney ffice to be placed on the agenda. Recommendation: Approvey Denv _
City Council appr o al is] is required for this wai•� er. If CitV Council approval is required, attach this form to the ( �
RCA after cons iderat, ie Se lenient Committee. This insurance waiver [is] [ is not] on City Council agenda.
-qn <, ' ( -te,-q C 1 4-( 5 T r<-l)A o � —�L 4;,A-.rt-►-e_
(I/titik
EXHIBIT H
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title/Department ofRequesting Staff Member: Chris Mendoza/Ofc Spec/Risk Mgmt
2. Date of Request: 8 / 11 / 9 9
3. Name of Con tractor./Permittee: Keith Companies (John M TettamPr & Asson)
4. Descriptionofworktobeperformed: Preparation of plans, specifications and
cost estimate for the new pump station
5. Length o Contract: Six (6) months
6. Type of Insurance Waiver or Modification Requested: $10,000 deductible on general liability
(a) Limits: $1, 000, 000 — (b) Coverage: General Liability
7. Reason for Request for Waiver or Reduction of Limits: Unable to obtain coverage without
deductible
S. Identify the risks to the City if this request for waiver or modifications granted:
Department Head Signature:
("This section to he completed hp the Risk .11anager)
Rccommcndation:
:\pprove Deny -- Risk Manager's Signature/Date
("this section to ht, completed h-V the City /1ttorrret) -
Reco!nmcndatior
:\pprovk- Deny City Attorney's Signature,D:
Settlement Committee approval [is] [is not] required for this waiver. If Settlement Committee approval is required. submit
fora. to City Attorneys Office to be placed on the agenda. Recommendation: Approve ----Deny--,
Ciro Council approval [is] [is not] required for this waiver. If City Council approval is required, attach this form to the
}:CA utter consideration b;. the Settlement Committee. This insurance waiver [is] [is not] on City Council agenda.
}C JC J,C Y
m�."..: -soution/insrea/2/6/98