HomeMy WebLinkAboutLIM & NASCIMENTO ENGINEERING CORPORATION - 2007-02-20Council/Agency Meeting Held: a0
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
Cit lerk' ign e
Council Meeting Date: 2/20/2007
Department ID Number: PW 07-009
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY OUNCIL MEMBERS
SUBMITTED BY: PEN E�8PE—C�URETH-G RA , DFIA, CITY ADMINISTRATOR
PREPARED BY�� ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WO
SUBJECT: Approve Professional Services Contract Between the City of Huntington
Beach and Lim & Nascimento Engineering Corporation for Preparation
of a Citywide Bridge Study
[statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) 11
Statement of Issue: The Public Works Department requires professional services to
prepare a citywide bridge study. Lim & Nascimento Engineering Corporation has been
selected to provide these services for a cost not to exceed $188,794.
Funding Source: Sufficient funds are available from the Gas Tax Fund, Arterial
Rehabilitation, Processional Services, 20790008.69365.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the agreement between the City
of Huntington Beach and Lim & Nascimento Engineering Corporation for Preparation of a
Citywide Bridge Study.
Alternative Action(s):
Do not approve the contract.
zE.3
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 2/20/2007 DEPARTMENT ID NUMBER: PW 07-009
Analysis: The City's bridges are showing signs of age and are in need of prescriptive
maintenance. Public Works staff requires that a structural engineering firm be contracted to
inspect and provide recommendations on maintenance and any structural rehabilitation that
may be necessary. This study is also required to be eligible for certain federal highway
bridge replacement and rehabilitation grants.
In compliance with Chapter 3.03 of the Municipal Code, an interagency agreement was
utilized for selection of this consultant. This option allows the City to "piggyback" on an
existing State of California agreement which determined that Lim & Nascimento Engineering
Corporation was the most qualified consultant for similar work.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Attachment(s):
1. Agreement Between the City of Huntington Beach and Lim &
Nascimento Engineering Corporation, for Preparation of a
Citywide Bridge Study
2. Certificate of Insurance
-2- 2/1/2007 5:05 PM
ATTACHMENT #1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LIM & NASCIMENTO ENGINEERING CORPORATION
FOR
CITY-WIDE BRIDGE STUDY
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 Lim & Nascimento Engineering Corporation, a California
corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to prepare a study
of the City's bridges; 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 William Nascimento, 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. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on January 1, 2010, unless
extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall
be completed no later than one year 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.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed One Hundred Eighty -Eight Thousand
Seven Hundred Ninety -Four Dollars ($188,794.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
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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
To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.6), 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, 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)
negligence, recklessness or willful misconduct related to 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. CITY shall be reimbursed by
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CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this
obligation. CONSULTANT will conduct all defense at its sole cost and expense, and the
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 a limitation upon the amount of indemnification to be provided
by the 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 claim and in the aggregate. The above -mentioned
insurance shall not contain a self -insured retention, "deductible" or any other similar form
of limitation on the required coverage in excess of $75,000 except with the express written
consent of CITY. A claims -made policy shall be acceptable if the policy further provides
that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
pertaining to this project 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
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provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
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. state that such policy shall not be canceled except after thirty (30)
days' prior written notice; however, ten (10) days' prior written
notice is provided to CITY 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.
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CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
William Nascimento
LIM & NASCIMENTO ENG. CORP.
12-L Mauchly
Irvine, CA 92408
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.
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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
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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 CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY' S FEE
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,
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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. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on F&W u ASV ap , 20�.
CONSULTANT,
LIM & NASCIMENTO ENG. CORP.,
a
a
By:
_m"'A\22
ILLIAM NASCIMENTO
Chief Financial Officer
TED AND
r/7
Director of Public Works
II
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
r
3/°1 City Clerk OF
APPROVED AS TO FORM:
�'c
City Attoltney '
�ti1o7
REVIEWED AND APPROVED: 1 i �`3 oLco
�
City Administrator
06-517/6950
EXHIBIT A
CITY OF HUNTINGTON BEACH
PROFESSIONAL DESIGN SERVICES FOR
CITY WIDE BRIDGE PREVENTIVE MAINTENANCE PLAN
Rev. 0
September 18, 2006
LIM & NASCIMENTO ENG. CORP.
12-L Mauchly
Irvine, CA 92408
(949) 450-2800
10/20/06
PREPARATION OF
BRIDGE PREVENTATIVE MAINTENANCE PLAN
AND PROCEDURES FOR EVALUATION, INSPECTION, AND RANKING PROJECTS
Table of Contents
1. PROJECT LOCATION...............................................................................................................................................1
2. PROJECT DESCRIPTION.........................................................................................................................................1
3. SERVICES TO BE PERFORMED BY CONSULTANT.........................................................................................1
4. DESIGN STANDARDS................................................................................................................................................ 2
5. MATERIAL AND DATA TO BE FURNISHED BY CITY...................................................................................... 3
6. SERVICES TO BE PERFORMED BY CITY...........................................................................................................3
7. SUBMITTALS.............................................................................................................................................................. 3
8. PAYMENT OF FEE FOR CONSULTANT'S SERVICES....................................................................................... 5
9. DESIGN SCHEDULE.................................................................................................................................................. 5
10. APPROVALS.............................................................................................................................................................. 5
10/20/06
PREPARATION OF
BRIDGE PREVENTATIVE MAINTENANCE PLAN
AND PROCEDURES FOR EVALUATION, INSPECTION, AND RANKING PROJECTS
1. PROJECT LOCATION
The proposed work will require inspection of City Bridges at various locations throughout the City
of Huntington Beach.
2. PROJECT DESCRIPTION
The project consists of developing a Bridge Preventative Maintenance Plan and procedures for
inspection, evaluation and ranking projects, examining and analyzing Caltrans Bridge inspection
Reports, field inspection and evaluation of existing City bridges, developing a prioritized list of
projects eligible for funding, preparing an engineer's estimate of cost for each project in accordance
with the California Department of Transportation Bridge Preventative Maintenance Program
Guidelines for Local Agencies, and provide a report suitable to support grant applications.
3. SERVICES TO BE PERFORMED BY CONSULTANT
Preparation of an Evaluation, Inspection and Ranking Procedure and a Bridge Preventative
Maintenance Plan.
After receipt of Notice to Proceed, Consultant shall:
3.1 Preparation of an Evaluation and Ranking Procedure and Bridge Preventative Maintenance
Plan in accordance with the specified Guidelines. This work shall include:
A. Review the Bridge Preventative Maintenance Program Guidelines for Local Agencies.
B. Prepare an evaluation and ranking procedure to identify and prioritize preventative
maintenance projects.
C. Review Caltrans Bridge Inspection Reports for 37 bridges and identify all bridges
potentially eligible to receive funding through the Bridge Preventative Maintenance
Program or HBRRP in accordance with the prepared evaluation and ranking
procedures.
D. Prepare a database of all bridges potentially eligible to receive federal funding through
the Bridge Preventative Maintenance Program or HBRRP. The database shall be in a
Microsoft Office Excel format in accordance with the requirements set forth in the
specified Guidelines.
E. Review as -built plans, conduct site inspections and evaluate ?? bridges potentially
eligible for funding under the program.
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F. Prepare a preliminary estimate of probable construction cost for proposed preventative
maintenance work for each of the bridges.
G. Quality Assurance/Quality Control (QA/QC).
4. DESIGN STANDARDS
The Consultant shall utilize, have up to date copies of, and be familiar with the contents of the
following applicable standards.
4.1 AASHTO Standard Specifications For Highway Bridges
4.2 State of California, Department of Transportation (Caltrans)
A. Bridge Preventative Maintenance Program Guidelines for Local Agencies
B. Maintenance Manual, specifically Chapter 8, Bridges.
C. Bridge Design Specifications, September 2004
D. Element Level Inspection Manual, September 2000
E. Bridge Design Aids, April 2005
F. Bridge Design Details, December 1994
G. Bridge Memos To Designers
H. Bridge Design Practice, December 1995
1. Bridge Standard Details Sheets, November 2004
J. Structural Detailing Standards, June 2005
K. Standard Specifications for Construction of Local Streets and Roads, May 2006
L. Amendments to May 2006 Standard Specifications, current edition
M. Highway Design Manual
N. Standard Plans for Construction of Local Streets and Roads, May 2006
O. Storm Water Quality Handbooks
1) Project Planning and Design Guide, May 2000
2) Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control
Program (WPCP) Preparation Guide, November 2000
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10/20/06
3) Construction Site Best Management Practices (BMPs) Manual, November 2000
4.3 City of Huntington Beach, Department of Public Works
A. City of Huntington Beach, Standard Special Provisions
B. County of Orange Standard Plans
C. Public Road Standards
D. Hydrology Manual
E. Design & Procedure Manual (Drainage)
F. Stormwater Standards Manual.
5. MATERIAL AND DATA TO BE FURNISHED BY CITY
The Consultant shall attend a kick-off meeting with the City project manager within fifteen (15)
working days after the initial Notice to Proceed. The following material will be furnished by the
City at this meeting:
5.1 Bridge Inspection Reports for all structures that are potentially eligible to receive funding
through the Bridge Preventative Maintenance Program or HBRRP.
5.2 Microsoft Office Excel 2003 spreadsheets of all City Bridges with Caltrans sufficiency
rating, status flags and listing of bridges presently on the eligible bridge list.
5.3 As -built information on the ?? Bridges
6. SERVICES TO BE PERFORMED BY CITY
6.1 Project management and administration. All questions of project definition and scope will
be answered in a timely manner when requested by Consultant.
6.2 Plan review and approval. The City intends to review each submittal as noted in the
project schedule. Review time taken beyond that scheduled will be added to the project
schedule.
7. SUBMITTALS
Submittals shall be submitted for City review at the Phase 1, Phase 2, Phase 3 and Final levels of
completion. The review will be of such effort as to confirm conformance with the project scope.
The Consultant shall implement normal QA/QC procedures for each submittal. Each submittal
shall be stamped and initialed, indicating that the Consultant's QA/QC process has been performed.
10/20/06
7.1 Phase 1 Submittal - Within 25 working days after receipt of the initial Notice to Proceed,
Consultant shall furnish to the City for review the Consultant's prepared Evaluation,
Inspection and Ranking Procedures.
This submittal shall include:
1) Evaluation, Inspection and Ranking Procedures.
7.2 Phase 2 Submittal - Within 60 working days after receipt of review comments from the
City, Consultant shall furnish to the City for review the database and ranking of projects.
This submittal shall include:
1) Four (4) copies of the Bridge Preventative Maintenance Program Ranking and
Evaluation Procedure (Word).
2) Four (4) copies of the Bridge Preventative Maintenance Plan (Excel).
3) Complete set of electronic files on compact disk containing all files and
databases (including directories and sub directories).
7.3 Phase 3 Submittal — Within 60 working days after receipt of review comments,
Consultant shall furnish to the City for review the results of reviewing as -built plans,
conducting site inspections and evaluating of the top priority bridges potentially eligible
for federal funding.
This submittal shall include:
1) All Consultant's notes, field review/inspection reports and design and quantity
calculations, neatly bound and indexed.
2) An engineer's estimate of probable construction costs, including unit cost
justification and total cost justification for each project.
3) Complete set of electronic files on compact disk containing all files and
databases (including directories and sub directories).
4) A report suitable for grant applications.
7.4 Final Submittal - City will review the Phase 3 Submittal immediately after receipt. If
corrections, changes or modifications are required as a result of review, City will return to
Consultant. Within 20 working days of receipt for correction, Consultant will return final
Submittal to the City with all required modifications and corrections.
If there are any final revisions required by the City, the Consultant shall make these
revisions within ten (10) days of City's request.
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10/20/06
8. PAYMENT OF FEE FOR CONSULTANT'S SERVICES
The fee for Consultant services is as follows; billings will be according to these cost categories:
Phase 1 Submittal
Evaluation, Inspection and Ranking Procedures $36,018
Phase 2 Submittal
Database and ranking of projects $48,882
Phase 3 Submittal
Evaluation of top priority bridges and Report $71,814
Final Submittal
Incorporate review comments $28,830
Other Direct Costs $3,250
Total Fee $188,794
9. DESIGN SCHEDULE
ACTIVITY
WORKING DAYS REQUIRED
Notice to Proceed 0
Phase I Submittal 25
Phase 2 Submittal 60 (after receipt of City's comments)
Phase 3 Submittal. 60 (after receipt of City's comments)
Final Submittal 20 (after receipt of City's comments)
Total working days required of Consultant 165 (does not include review time by the
City)
EXHIBIT B
CITY OF HUNTINGTON BEACH
PROFESSIONAL DESIGN SERVICES FOR
CITY WIDE BRIDGE PREVENTIVE MAINTENANCE PLAN
DIRECT LABOR
Classification
Project Manager
Senior Structural Engineer
Senior Bridge Engineer
Bridge Engineer
Bridge Inspector
Principal / Quality Assurance
Hours Hourly Rate
150 @ $150.00
476 @ $144.00
476 @ $135.00
120 @ $120.00
48 @ $135.00
48 @ $195.00
0
Total
$ 22,500
$ 68,544
$ 64,260
$ 14,400
$ 6,480
$ 9,360
OTHER COSTS
Bridge Inspection (Mileage) $ 1,000
Copying / Binding $ 2,000
Express Mail $ 250
Total Other Direct Costs S 3,250
Date: 9/18/2006
CITY OF HUNTINGTON BEACH
PROFESSIONAL DESIGN SERVICES FOR
CITY WIDE BRIDGE PREVENTIVE MAINTENANCE PLAN
0
TASKS & SUBTASKS
1
PM
2
SSE
3
SBE
4
BE
5
BI
6
P/QA
Total
Hours
Total
Cost
$150
$144
$135
$120
$135
$195
1 Task 1 -Project Administration
01 Project Setup
6
6
$900
02 Schedule / Budget Control
6
6
$900
03 Progress Reporting
32
32
$4,800
04 Coordination / Meetings
40
40
$6,000
2 Task 2 - Review Existing Bridge Records
01 Review Existing Inspection Records
4
24
24
24
4
80
$10,956
02 Identify Potential Preventive Maintenance
4
24
24
24
4
80
$10,956
03 Draft Data Base of Bridge Structures
4
24
24
24
4
80
$10,956
3 Task 3 - Field Review/Inspection and Reports
01 Detailed Inspection on Bridges
6
48
48
48
48
4
202
$27,312
02 Compile Field Inspection Reports
6
60
60
4
130
$18,420
4 Task 4 - Preliminary Structural Analysis
01 Identify Maintenance related Structural Deficiencies
6
32
32
4
74
$10,608
02 Evaluate Selected Structural Elements of Bridges
6
60
60
4
130
$18,420
03 Final Preventive Maintenance Treatments
6
60
60
4
130
$18,420
5 Task 5 - Develop Bridge Preventive Maintenance Plan
01 Deveop Maintenance Weighting System
6
32
32
4
74
$10,608
02 Final Data Base System
6
32
32
4
74
$10,608
6 Task 6 - Final Submittal BPMP
01 Final Report and Data Base Submittal
6
40
40
4
90
$12,840
02 Final Cost Estimates and Maintenance Schedules
6
40
40
4
90
$12,840
Subtotal
150
476
476 1
120
1 481
48
1 1138
1 $185,544
LEGEND:
Ref # Classification
Project Manager
Senior Structural Engineer
Senior Bridge Engineer
Bridge Engineer
Bridge Inspector
Principal / Quality Assurance
Date: September 18, 2006
Abbreviation
PM
SBE
SCE
BE
BI
P/QA
CITY OF HUNTINGTON BEACH
PROFESSIONAL DESIGN SERVICES FOR
CITY WIDE BRIDGE PREVENTIVE MAINTENANCE PLAN
0
DESCRIPTIONS I TOTAL
BRIDGE INSPECTION (Mileage) 1 $1,000
COPYING / BINDING 1 $2,000
EXPRESS MAIL 1 $250
Date: September 18, 2006
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LIM & NASCIMENTO ENGINEERING CORPORATION
FOR
CITY-WIDE BRIDGE STUDY
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............................................................................................5
Terminationof Agreement.......................................................................................6
Assignmentand Delegation......................................................................................6
Copyrights/Patents...................................................................................................6
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................7
Modification.............................................................................................................
8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................9
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
6-517/6950
ATTACHMENT #2
ACORD- CERTIFICATE OF LIABILITY INSURANCE 01/09/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
anta Ana, CA 92711-0550
14 427-6810 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA: St. Paul Fire & Marine Ins. Co.
Lim & Nascimento Engineering INSURER B: U.S. Specialty Insurance Company
12-L Mauchly
INSURER C:
Irvine, CA 92618-6305 INSURER D:
INSURER E:
CAVFRAnFA
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.
NSR
LTR
ADD'
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM D
POLICY EXPIRATION
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F—IOCCUR
DAMAGE TO RENTED
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GE N'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMP/OP AGG
$
POLICY JEOT- LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per pennon)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
AppR VEDA�
/�
✓L�FE RA
�+
FO
/
H Atto
f
u a <
BODILY INJURY
n�RY
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
EA ACC
OTHER THAN
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR F1 CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
A
WORKERS COMPENSATION AND
BW02194566
09/01/06
09/01/07
X '^'c srATu•
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$1 OOO,OOO
E.L. DISEASE - EA EMPLOYEEI
$1,000,000
OFFICERWEMBEREXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$1,000,000
B
OTHER Professional
US061150102
10/01/06
10/01/07
$2,000,000 per claim
Liability
$2,000,000 annl aggr.
Claims Made
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Huntington Beach Bridge Study.
City of Huntington Beach
Risk Management Division
Attn: Christie Mendoza
2000 Main Street
Huntington Beach, CA 92648
ACORD 25 (2001/08) 1 of 1 #S182087/M182000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL la05ftY ft MAIL _ 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,=R
REPRESENTA
TMN O ACORD CORPORATION 1988
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
LANNESEE -1 01 11 07
PRODUCER
Strachota Insurance Agency Inc
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
California License #0249673
43500 Ridge Park Drive #203
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Temecula CA 92590
Phone: 951-676-2229 Fax: 951-676-7391
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A_ Lexington Insurance Company
INSURER B: Golden Eagle
16836
Lim 6 Nascimento Engineering
Corp dba: Lan Engineering
12 Mauchly Bldg L
Irvine CA 92618
INSURER _ C:
INSURER D!
INSURER E:
6 V V tKAUMb
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.
LTR
'J'L
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY C IV
DATE EFF
OLICY TI
DATE MMf
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 2000000
A
X
X COMMERCIAL GENERAL LIABILITY
7352459
12/15/06
12/15/07
PREMISES(Eaoccurence)
S 50000
MED EXP (Any one person)
$ 5000
CLAIMS MADE FX OCCUR
PERSONAL B ADV INJURY
$2000000
GENERAL AGGREGATE
$ 4000000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG
$ 4000000
POLICY jn LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMB
$ 1000000
B
X
ANY AUTO
BAS225807
12/15/06
12/15/07
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person)
$
HIRED AUTOS
BODILY INJURY
$
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
—_-..._
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
$
AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY
L,
2
EACH OCCURRENCE
$
$
OCCUR CLAIMS MADE
�A
t1
F/i
rn CJ/AGGREGATE
$
I/
DEDUCTIBLE
$
RETENTION $
$
WORKERS COMPENSATION AND
VVU
TORY LIMITS IOTK
ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNERIEXECUTIVE
E.L. DISEASE - EA EMPLOYE
$
OFFICERIMEMBER EXCLUDED?
N yes describe under
E.L. DISEASE - POLICY LIMB
1 $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder and its officers, elected or appointed officials,
employees, agents and volunteers are named as Additional Insured as respects
general liability per attached endorsement CG 20371001. Proof of commercial
auto liability coverage. Re: Huntigton Beach Bridge Study. "Strachota
Insuance Agency will mail 30 day written notice to *SEE NOTES* xx
6tK I wiuA I G r uL utK CANCELLATION
CI TYHW
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EMD6W9Rg0WIL 30 * DAYS WRITTEN
City of Huntington Beach
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
I
Risk Management
2000 Main Street
*"WON,
:=PRESENTATIVE6 e
Huntington Beach CA 92648
ACORD 25 (2001/08) — " 0 ACORD CORPORATION 1988
Insured: Lim & Nascimento Engineering
Policy: 7352459
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS — COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volLintee
Location And Description of Completed Operations:
Additional Premium:
(if no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work' at the location designated and described
in the schedule of this endorsement performed for that insured and included in the "products -completed
operations hazard".
LX9604 1001
CG 20 37 10 01 Page 13 of 18 13
rs
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: September 19, 2006
2. Department: Public Works
3. Requested by: Todd Broussard, x5247
4. Name of consultant: Lim & Nascimento Engineering Corp.
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
6. Amount of the contract: $188,794.00
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? ® Yes ❑ No
9. Company number and object code where funds are budgeted: 2079008
10. Is this contract less than $50,000? ❑ Yes ® No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
Yes W No ,p
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
In accordance with Municipal Code 3.02.190(c) Interagency Purchase Agreements, please find
attached, the reflecting the selection of this consultant through their
QBS process. 56-4G okr C&1 If ofn lee
15. Attach proposed scope of work.
Attached.
16. Attach proposed payment schedule.
Attached
Department Head Signature WCHAW A ADRIL, Ma ager0
Purchasing/Central Services
1. If the answer to this question is "No," the contract will require approval from the City Council.
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Approve Professional Services Contract for Lim &
Nascimento Eng. Corp.
COUNCIL MEETING DATE:
February 20, 2007
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Applicable
❑
Bonds (If applicable)
Attached
❑
Not Applicable
Staff Report (If applicable)
Attached
❑
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
EXPLANATION FOR RETURN OF ITEM: I
RCA Author: T. Broussard:jg
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
February 23, 2007
LIM and NASCIMENTO ENGINEERING CORP.
12-L Mauchly
Irvine CA 92408
Dear Mr. Nascimento:
CALIFORNIA 92648
The City Council of the City of Huntington Beach at the meeting held
February 20, 2007, approved execution of the Professional Services Contract Between
the City of Huntington Beach and LIM & Nascimento Engineering Corporation for a
City-wide Bridge Study.
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
an L. Flynn
ity Clerk
Enclosure: Agreement
JF:pe
G: fol lowup:agrmtltr/CoAging/jc
(Telephone: 714-536-5227 )