HomeMy WebLinkAboutRICHARD BRADY & ASSOCIATES, INC. - 2005-12-19 7, 51d� `r
Council/Agency Meeting Held: D�
Deferred/Continued to: V-4-"4 4 r,rr--�a 9 0-4 9
Ap ov d ❑ Conditionally Approved ❑ Denied S �C, Jerk' Sign tur
—7
Council Meeting Date: 12/17/2007 Department ID Number: 07-065
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND Cl UNCIL MEMBERS
SUBMITTED BY: PE ELOPE ULBRETH-GRAFT, DPA, CITY ADMINISTRATOR
PREPARED BY: TRAVIS K. HOPKINS, PE, DIREM Oft P ORKS
SUBJECT: Approve Amendment to Contract with Richard Brady & Associates, Inc.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: An amendment to the Professional Services Agreement with Richard
Brady & Associates Inc. is required to increase the contract amount and time in order to
complete design services for the Utility Yard Improvement Project.
Funding Source: Funding is from the Water Fund Account No. 50687001 and the Sewer
Service Fund Account No. 51185201.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the "Amendment No. 1 to
Agreement between the City of Huntington Beach and Richard Brady &Associates, Inc."
Alternative Action(s): Do not execute the agreement and direct staff on how to proceed.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: 07-065
Analysis: In 2005, proposals for professional design services were requested and
submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal code. The
City Council authorized professional services agreements with six firms including Richard
Brady & Associates (RBA). The contract included a budget of $2 million over a three year
period that ends November 7, 2008. RBA would provide assistance in delivering over $75
million in budgeted projects.
In 2006, additional proposals were requested specifically for design services for various
improvements to City buildings including the reorganization of the Utilities Division,
improvements to fire stations, Central Library, the 3rd floor lobby and a study to replace the
Banning Branch Library. Only firms with LEED certification and experience were considered.
Two firms, RBA and Cash & Associates, were selected to provide these services utilizing a
Quality Based Selection process. RBA was currently under contract with the City and
therefore, no additional action was required. RBA has been providing professional services
for several capital improvement projects including a Facilities Plan for the Utilities Yard to
identify improvements to meet the needs of the Utilities Division's operations. Based on this
Plan, the City has programmed funds in Fiscal Years 2007/08 and 2008/09 for the design
and construction of these improvements, which include remodeling the existing
Administration Building, a new 10,000 s.f. Meter and Distribution Building, a new 6,700 s.f.
Operations Building and a new 1,000 s.f. Wastewater Shop. The estimated construction cost
for these improvements is $16.5 million.
RBA is partnering with Platt/Whitlaw Architects to design these improvements. The lead
architect is LEED certified, has been involved in sustainable design for a number of years,
and was the architect for the first building in the United States to receive an Energy Star
Building Label in 1999. RBA is currently working on the first phase of this project; however
the professional services agreement must be extended in both time and budget in order to
take this project through to completion.
Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure
needs, and develop strategies for resolving crucial infrastructure problems to preserve the
physical foundation of the community and enable the community's value to grow.
Public Works Commission Action: Not required for this action.
Environmental Status: Not Applicable for this action.
Attachment(s):
cj
1. Amendment to Agreement with Richard Brady & Associates, Inc
-2- 12/3/2007 2:44 PM
ATTACHMENT 1
AMENDMENT NO. I TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND RICHARD BRADY& ASSOCIATES,INC.
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"
and RICHARD BRADY&ASSOCIATES, INC., a California corporation, hereinafter referred
to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated December
19, 2005, entitled "Professional Services Contract Between The City Of Huntington Beach And
Richard Brady &Associates, Inc., For As-needed Civil Engineering Services," which
agreement shall hereinafter be referred to as the"Original Agreement," and
City and Consultant wish to extend the Term of the Original Agreement for three (3)
additional years in order to provide for the performance of additional tasks by Consultant,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
The term of the Original Agreement is hereby extended for three (3) additional
years. The Original Agreement shall now expire on December 19, 2011.
2. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled "Compensation," is hereby
amended to read as follows:
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified
in the original proposal for as-needed services, a fee based upon approved
Capital Improvement Projects, including all costs and expenses, not to exceed
Three Million Eight-Hundred Thousand Dollars ($3,800,000.00).
1
07-1287/15761
3. AMENDMENT OF SECTION 8 OF THE ORIGINAL AGREEMENT
ENTITLED "INDEMNIFICATION"
Section 8 of the Original Agreement, entitled"Indemnification," is hereby
amended to read as follows:
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 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.
4. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
2
07-1287/15761
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed
by their authorized officers on� [" /�- , 200_'
RICHARD BRADY & ASSOCIATES, INC., CITY OF HUNTINGTON BEACH,
a California corporation a municipal corporation of the
State of California
4 ,
By: 6"_ 1 11 -
-
i7.�� Mayor
(print or type name)
Its: (circle one)Chairman/President ice President ' City Verk /�/zf_ 011 IV
APPROVED AS TO FORM:
By: �` %�a l�iG�� NZZJ---
Yity
Attorney
Cfl2/d TINe IrOLLi4/v.a c S 0 T tl Icy I
(print or type name) REVIEWED AND APPROVED:
Its: (circle one)Secretary/Chief Financial Officer/
Asst. Secretary-Treasurer ad�_� &"X
City Ad inistrator
INITIATED AND APPROVED:
Director of Public Works
3
07-1287/15761
AC CERTIFICATE OF LIABILITY INSURANCE OPID DATE(MMIDDIYYYY)
BRADY-1 05 21 07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
10505 Sorrento Valley Rd. #2 00 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
3-n Diego CA 92121
ne• 858-481-8692 Fax:858-481-7953 INSURERS AFFORDING COVERAGE NAIC#
'iiWRED INSURER A: Gemini Insurance Company 10833
INSURERB: Hartford Casualty Ins. Co. 29424
Richard Brad, & Associates INSURER C: Redwood Fir c Casvaity Ina. 11673
3710 Ruffin Road INSURER D: RSUI Indemnity Co m 22314
San Diego CA 92123
INSURER E: Lloyds Of London
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EXPIRATION
FAQLTR TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE M LIMITS
GENERALLIABIIITY EACH OCCURRENCE $1,000,000
A X COMMERCIAL GENERAL LIABILITY VCGPO14347 05/12/07 05/12/08 PREMISES Eaoaurence) $100,000
CLAIMS MADE �OCCUR MED EXP(Any one person) Y 5,000
X Broad Form PERSONALSADVINJURY $1,000,000
X Contractual L±ab. GENERAL AGGREGATE $2,000,000
GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000,000
POLICY X JEC LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
B X ANYAUTO 72UECVZ6574 05/12/07 05/12/08 (Ea accident)
ALL OWNED AUTOS APPROVED AS TO FORM $
WRATH,
BODILY INJURY
SCHEDULED AUTOS NIFER cGRATH,c t�, (Per person)
HIRED AUTOS
/2 7 (Per BODILY INJURY
$
NON-OWNED AUTOS A' /y/O
y P81�1 D'AI �f(G I JA14(/11044 V PROPERTY DAMAGE s
AsS18tanf Qt�UtdhW /' (Per accident)
' GARAGE LIABILITY AUTO ONLY-E4 ACCIDENT $
i ANY AUTO OTHER THAN EA F1 ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE s4,000,000
D X OCCUR CLAIMSMADE NHA218987 05/12/07 05/12/08 AGGREGATE s 4,000,000
$
DEDUCTIBLE $
hX RETENTION so $
TA
WORKERS COMPENSATION AND X TORY LIMITS1 III
ER
C EMPLOYEW LIABILITY
ANY PROPRIETORIPART NER/EXECUTIVEW7537745 05/12/07 05/12/08 E.L.EACH ACCIDENT $1000000
OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $1000000
If yyeess describe Lawler
SPECIAL PROVISIONS below EL.DISEASE-POLICY LIMIT $1000000
OTHER
E Professional AE070150 05/12/07 05/12/08 Per Claim $1,000,000
i
Liability DED. $50,000 Aggregate $2 000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Water Operations Yard Master Plan
City of Huntington Beach is named as additional insured as respects General
Liability per the attached endorsement.
*10 day notice of cancellation applies for non payment of premium.
CERTIFICATE HOLDER CANCELLATION
C I TYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING tMRER WILL ENDEAVOR TO mAII 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
f City of Huntington Beach 2IMPOSE NO OBLIGATION OR LIABILITY OF ANY FUND UPON THE INSURER,ITS AGENTS OR
000 Main Street
Huntington Beach CA 92648 REPRESENTATIVES _
a REPgy
7
ACORD 25(2001108) �' 0 ACORD CORPORATION 1988
VE 0224 06 06
Policy Number.VCGP014347
Insured)!Tame:Richard Brady&Associates
Effective Date:05/12/07
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS—SCHEDULED
PERSON OR ORGANIZATION—INCLUDING PRODUCTS-
COMPLETED OPERATIONS(AMENDED)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL,LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
COVERAGE AFFORDED UNDER THIS ENDORSEMENT IS APPLICABLE ONLY TO COMMERCIAL
PROJECTS. CERTIFICATE WITH DESCRIPTION OF PREJECT MUST BE ON FILE AND APPROVED
BY COMPANY TO TRIGGER COVERAGE.
SCHEDULE
For a flat fully earned additional premium of
Name of Person or Organization:
City of Huntington Beach
Job No.:
Water Operations Yard Master Plan
(If no entry appears above,information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A) 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 caused by your ongoing and completed operations performed for that
insured.
B) With respect to the insurance afforded to these additional insureds,the following exclusions are added:
2) Exclusions
a) This insurance does not apply to"bodily injury"or"property damage"arising out of"your work"
that has been completed by or for you prior to the Policy Period."Your work"will be deemed
completed at the earliest of the following times:
(I) When all of the work called for in your contact has been completed.
(2) When all of the work to be done at the job site has been completed if your contract calls for
work at more than one job site.
(3)When that part of the work done at a job site has been put to its intended use
VE 0224 06 06 Pagel of 2
i
by any person or organization other than another contractor or subcontractor working on the
same project_
Work that may need service,maintenance,correction,repair or replacement,but which is
otherwise complete,will be treated as completed.
b) This insurance does not apply to liability caused by the sole negligence of the person or
organization shown in the Schedule.
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VE 0224 06 06 Page 2 of 2
I�,
CAROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Contract Amendment with Richard Brady &
Associates
COUNCIL MEETING DATE: December 17, 2007
X `ATCH ���tl T � b k
k
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 El
Not Applicable
Staff Report (If applicable) Notached El
t Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLA vATION OR NS811WO ATTACHMENTS' a
REVIE�/E� RETURNED FORA ®E®
Administrative Staff ( )
Deputy City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANi4TION F.OR RETUIN`t,:OF ITEM:
® e
RCA Author: T. Broussard:jg
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
o _
OFFICE OF THE CITY CLERK
"'4yp9 a JOAN L. FLYNN
CITY CLERK
December 26, 2007
Richard Brady &Associates
3710 Ruffin Road
San Diego, CA 92123
Attn.- Richard Brady
Dear Mr. Brady
Enclosed for your records is a copy of Amendment No. 1 to the Agreement Between the
City of Huntington Beach and Richard Brady &Associates, Inc. for As-Needed Civil
Engineering Services.
Sincerely,
00S.".) 6.4-ljjr..)
Joan L. Flynn
City Clerk
JF-.pe
Enclosure: Agreement
G:fol lowup:agrmtltr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
I Telephone: 714-536-5227)
RECEIVED
2005 DEC -8 AM 11 16
Council/Agency Meeting Held:!/ oSVi ciry L
of
Deferred/Continued to: HUNT114GTON EACH ei �� A
Approved O Conditionally Approved ❑ Denied City r 's natu
Council Meeting Date: 12/19/2005 Department umber: PW 05-082
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY POUNCIL MEMBERS
SUBMITTED BY: PEN ElAd-PE CU BRETH-GRAF , Cl DMINISTRATOR
PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORKg10�44`tl
SUBJECT: Approve Contracts for As Needed Professional Civil Engineering
Services
[statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Public Works Department requires professional civil engineering
services on an as needed basis to support staff for the design and construction of capital
projects.
Funding Source: Funds are available within budgeted capital improvement projects.
Additional Council authorization will be requested for unbudgeted projects, if necessary.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute professional service contracts for
the following six firms: AKM Consulting Engineers, Boyle Engineering Corporation, Dudek &
Associates, Inc., Harris & Associates, Inc., Huitt-Zollars, Inc., and rKic ar ra &
CA-ss-o-c-ia-te—s,-1-n-c-.--)
Alternative Action(s): Do not authorize the contracts and direct staff to request proposals
from other engineering firms for design services for various capital projects. Projects could
be delayed up to one year. ll
E aP-16iAJ4-4- �0,4 iAJ 600, /d e4Aff3 469J
REQUEST FOR ACTION
MEETING DATE: 12/19/2005 DEPARTMENT ID NUMBER:PW 05-082
Analysis: The City's Capital Improvement Program exceeds $50 million in FY 2005/06.
Projects include street widening, sewer lift stations, drainage and water facility
improvements. Design and construction engineering support for the myriad of projects is
assigned to firms specializing in the various disciplines as it is not possible to complete the
large workload using only City staff. It is to the City's benefit to retain qualified firms for
capital project design and engineering.
Project assignments are rotated among the consultants, taking advantage of each
consultant's specializations. Proposals were requested and submitted in compliance with
Chapter 3.03 of the Huntington Beach Municipal Code. The proposed new contracts allow
for a three-year contract term with a total budget not to exceed $2 million per contract over
the three-year contract term. Funding sources will be capital project accounts, using the
approved project budgets.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
A 83 69 1. Design Professional Services Contract with AKM Consulting
Engineers.
AX 3 :70 — 2. Design Professional Services Contract with Boyle Engineering
Corporation.
8 3 7/ -- 3. Design Professional Services Contract with Dudek&Associates, Inc.
8.3 '7a "` 4. Professional Services Contract with Harris &Associates, Inc.
d'.3 73 - 5. Design Professional Services Contract with Huitt--Zollars, Inc.
'Pi83 74/ 6. Design Professional Services Contract with Richard Brady &
Associates, Inc.
G:\R C A\2005\05-082 Dec 19 Ferrigno(Approve Contracts for As Needed Civil Engineering).doc -2-
12/2/2005 3:21 PM
ATTACHMENT #6
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
RICHARD BRADY &ASSOCIATES,INC. FOR
AS-NEEDED CIVIL ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and RICHARD BRADY & ASSOCIATES, INC., a California corporation, hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide as-need civil
engineering services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services described as individual engineering
projects on an as-needed basis as directed by CITY. These services shall sometimes hereinafter
be referred to as the "PROJECT." CONSULTANT will perform all engineering functions as set
forth in a written Scope of Work to be provided in advance of each PROJECT.
CONSULTANT hereby designates Richard Brady who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
05agree/brady-rev 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire November 7, 2008, unless sooner
terminated as provided herein. The time for performance of the tasks identified in the Scope of
Services are generally to be shown in the Scope of Services. This schedule may be amended to
benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in the original
proposal for as-needed services, a fee based upon approved Capital Improvement Projects,
including all costs and expenses, not to exceed Two Million Dollars ($2,000,000).
5. EXTRA WORK
In the event CITY requires additional services not included in the Scope of
Services or changes in the scope of services described in the Scope of Services CONSULTANT
will undertake such work only after receiving written authorization from CITY. Additional
compensation for such extra work shall be allowed only if the prior written approval of CITY is
obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit A.
05agree/brady-rev 2
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 an d other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion, whichever
shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees rees 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 performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense, and CITY shall approve selection of CONSULTANT's counsel. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's
05agrec/brady-rev 3
professional liability in an amount not less than One Million Dollars ($1,000,000)per occurrence
and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention,
"deductible" or any other similar form of limitation on the required coverage except with the
express written consent of CITY. A claims-made policy shall be acceptable if the policy further
provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision
of at least two (2) years to report claims arising from work performed in connection with this
Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
05agree/brady-rev 4
days' prior written notice; however, ten (10) days' prior written notice in
the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from 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 the
policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on
the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the services
to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement
by CITY shall 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,
05agree/brady-rev 5
report, and evidence shall, at the option of CITY, become its property and shall be promptly
delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without
the prior express written consent of CITY. If an assignment, delegation or subcontract is
approved, all approved assignees, delegates and subconsultants must satisfy the insurance
requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below; provided that CITY and CONSULTANT, by notice given hereunder, may designate
05agree/brady-rev 6
different addresses to which subsequent notices, certificates or other communications will be
sent:
TO CITY: TO CONSULTANT:
City of Huntington Beach Richard Brady
ATTN: Director of Public Works Richard Brady& Associates
2000 Main Street 4909 Murphy Canyon Road, Suite 220
Huntington Beach, CA 92648 San Diego, CA 92123 — �-3av
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
05agree/brady-rev 7
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
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 p comply 1Y 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
05agree/brady-rev 8
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees, such that 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
05agree/brady-rev 9
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 supercedes all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers 0E6&7+1� 14? , 200s.
RICHARD BRADY & ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Richard Brady,President
Mayor
By:
andra Brady, C 'ef inancial Officer ity Cler
tz/a
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
/1" Nc(w'-A
Cit Administrator 10�" ey
City
a
INITIATED AND APPROVED:
y0 v
Director of Public Works
05agree/brady-rev 10
EXHIBIT "A"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the
schedule of performance set forth in the written Scope of Work may at the option of CITY be
suspended until the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
jmp/contracts group/intematl sample/]0/11105
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
RICHARD BRADY&ASSOCIATES, INC. FOR
AS-NEEDED CIVIL ENGINEERING SERVICES
Table of Contents
1 Scope of Services.....................................................................................................1
j2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................2
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance........................................................................... 3
10 Certificate of Insurance............................................................................................4
11 Independent Contractor............................................................................................5
12 Termination of Agreement.......................................................................................5
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................6
15 City Employees and Officials..................................................................................6
16 Notices........................................................................................ 6
17 Consent....................................................................................................................7
18 Modification.............................................................................................................7
19 Section Headings .....................................................................................................7
20 Interpretation of this Agreement..............................................................................7
21 Duplicate Original....................................................................................................8
22 Immigration...............................................................................................................8
23 Legal Services Subcontracting Prohibited................................................................8
24 Attorney's Fees..........................................................................................................9
25 Survival.....................................................................................................................9
26 Governing Law.........................................................................................................9
27 Entirety......................................................................................................................9
jmp/contracts group/internatl sample/10/11105
ACORP. CERTIFICATE OF LIABILITY INSURANCE 7/19 M/D°""'
07/19las
PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
450 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101-8005 INSURERS AFFORDING COVERAGE
Dorothy Amundson
INSURED INSURER X-Liberty Insurance Underwriters, Inc.
Richard Brady & Associates, Inc.
INSURERB:St. Paul Fire & Marine Insurance Company
4909 Murphy Canyon Road, #220 INSURERC:United States Fidelity & Guaranty Company
San Diego, CA 92123 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
C' GENERAL LIABILITY BK01365305 05/12/05 05/12/06 EACH OCCURRENCE $ 1,000,000
kMMERCIAL GENERAL LIABILITY FIRE DAMAGE Any one fire) $ 1,000,000
CLAIMS MADE 7 OCCUR MED EXP(Any one person) $ 10,000
ad Form PERSONALBADVINJURY $ 1,000,000
nket Contractual GENERAL AGGREGATE $2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY X PRO- LOC
C AUTOMOBILE LIABILITY BX01365305 05/12/05 05/12/06
COMBINED SINGLE LIMIT $ 1,000,000
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
X No Company Owned Autos /TffAS FORivx
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY R McG TH AUTO ONLY-EA ACCIDENT $
ANY AUTO RNEY OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WVA2449015 05/12/05 05/12/06 X WCSTATU- OTH-
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000
E.L.DISEASE-EA EMPLOYE $1,000,000
E.L.DISEASE-POLICY LIMIT 1$ 1,000,000
OTHER
A Professional Liability ARE197180-0105 05/12/05 05/12/06 Each Claim $1,000,000
Aggregate $2,000,000
$
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense coats Included within Limit of Liability.
RE: As Needed Contract. The City, its agents, officers, employees and the Redevelopment Agency of the City of
Huntington Beach are named as Additional Insured as respects to General Liability per attached.
10 days HOC for non-payment of premium.
CERTIFICATE HOLDER Y I ADDITIONAL INSURED,INSURER LETTER: C CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL dWWWWW MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,1XJVM41L31 9X5XV XKX
2000 Main Street XA=azglq !YA-A7FX 4K 1XN=511EX
XBim&XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE
USA
ACORD 25-S(7/97) Katherine O ACORD CORPORATION 1988
3235134
J
Namedlnsured: Richard Brady & Associates, Inc.
Policy Number: BK01365305
Owners,Lessees Or Contractors(Form C)
ADDITIONAL INSURED Effective- 05/12/05
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
The City, its agents, officers, employees and the Redevelopment Agency of the City of Huntington
Beach
RE: As Needed Contract
1, SECTION Il-WHO IS AN INSURED is amended to include as valid and collectible "other insurance"is provided by
an insured the person or organization shown in the a person or organization who is not shown in the
Schedule, but only with respect to liability arising out of schedule. Then we will share with that valid and
'Your work"for that insured by or for you. collectible"other insurance"by the method described
below.
2. With respect to 1. above the following additional provision
applies: If all of the valid and collectible "other insurance"
li permits contribution by equal shares, we will follow
SECTION IV.5.Other Insurance is replaced by the this method also. Under this approach, each insurer
following: contributes equal amounts until it has paid its
5. Other Insurance. applicable limit of insurance or none of the loss
remains,whichever comes first.
The insurance afforded by this Coverage Part is
primary insurance and we will not seek contribution if any of the valid and collectible other insurance"
from any valid and collectible "other insurance" does not permit contribution by equal shares, we will
available to the insured unless the contribute by limits. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
CLIBF 22 45 09 99 Includes copyrighted material of Insurance a services Office,Inc.,with its permission. Page 1 of 1
Copyrighted,Insurance Services Office,Int.,1984
a
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Contracts for As Needed Professional Civil
Engineering Services
COUNCIL MEETING DATE: December 19, 2005
RCA ATTACHMENT-' STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable 10
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached
Contract/Agreement (w/exhibits if applicable) Not Applicable ❑
(Signed in full by the City Attorne
Subleases, Third Party Agreements, etc. AttachedNot Applicable
(Approved as to form by City Attorne
Certificates of Insurance (Approved b the City Attorne Attached
PP Y Y Y) Not licable ❑
Attached
Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Attached ElNot Applicable
Staff Report (If applicable) Attached ElNot Applicable
Commission, Board or Committee Report If applicable) Attached ❑
p ( pp ) Not Applicable
Findings/Conditions for Approval and/or Denial Attached ElpP Not Applicable
EXPLANATION 1=aR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff )
Assistant City Administrator initial
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use •
RCA Author: Ferrigno
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 28, 2005
Richard Brady
Richard Brady&Associates
4909 Murphy Canyon Road, Suite 220
San Diego, CA 92123-4300
Dear Mr. Brady:
Enclosed for your records is a copy of the Professional Services Contract
between City of Huntington Beach and Richard Brady&Associates for as-
needed civil engineering services.
Sincerely,
0�- j4go)
Joan L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:fo1Iowup:agrmtltr
Mlephone:714-536-5227)