HomeMy WebLinkAboutTETRATECH, INC. - SIMONS, LI & ASSOCIATES - 1999-04-05 CITY OF HUNTING'TON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRAtiSATITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPi`IENT AGENCY OF THE CITY OF HUNTP�QTONT BEACH
DATE: 06 23
TO: ATTE:`TIO ":5-0
itia;^e
0d a DEPARTAIENT: -,-e LWe
rs-
2*s[ REGARDING:
City,State,Zip
See Attached Action Agenda Item Date of Approval=�=9
Enciosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Cleric
Attachments: Action Agenda Page Agreement Bonds Insurance
`RCA /Deed Other
CC: i 2 Zs6/ ✓ b14 i,5 ✓
N Department RCA Agreeme^t Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Ag:eemen, Insurance Other
Name Department RCA Agrterren! Insurance Other
Risk Management Dept. Insurance
Received by Name- Company Name- Date
G:Fallowuplcoveritr
(Telephone: 714-536.5227)
�
' 1B¢a�clsl _PcrJ�
fTYOF HUNTINGTON BEAC
MEETING DATE: 08-16-99 DEPARTMENT ID NUMBER: PW 99-081
Council/Agency Meeting N3Id:
De'e red/Continued to:
'Approve ❑ Conditionally Approved ❑ Denied C y er `s Signature
Council Meeting Date: 08-16-99 Department ID Number: PW 99-081
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTIONCn
-
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 7r:
SUBMITTED BY: RAY SILVER, City Administrator ; w "
PREPARED BY: ROBERT BEARDSLEY, Director of Public Works F
IT o >
SUBJECT: APPROVE CONSULTANT FOR SLATER CHANNEL DESIGN PLANS AND
SPECIFICATIONS; CC-1089
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue
Authorization is requested to proceed with the selection of a consultant to perform the
necessary design plans, specifications and environmental survey for improvements to the
Slater Channel between Springdale and Goldenwest Streets.
Funding Source:
In August 1998, grants of approximately $3.3 million were awarded to the City from the
Federal Emergency Management Agency (FEMA) for design and construction
improvements to the Slater Channel.
Sufficient funds are available in FY 98-99 budget.
Recommended Action : Motion to:
1. Approve $229,550, for the preparation of improvement plans, specifications and
environmental survey, And,
i
1089 slater design -2- 08/06/99 1:00 PM
• REQUEST FOR ACTION •
MEETING DATE: 08-16-99 DEPARTMENT ID NUMBER:PW 99-081
2. Approve the selection of Simons, Li & Associates, Incorporated, Costa
Mesa, California, to prepare the improvement plans, specifications and
environmental survey for the Slater Channel; CC-1089, And,
3. Approve the attached agreement with Simons, Li & Associates and
authorize the Director of Public Works to expend $258,505 to cover
contract costs of $229,550, potential change orders of $22,955, and
supplemental expenditures of$6,000.
Alternative Action(s) :
Deny approval of the agreement and provide staff with additional direction in which to
proceed. Delays in the project may jeopardize the grant status.
Analysis :
On April 5, 1999, staff requested and received authorization from the City Council to
contract with Simons, Li & Associates, Inc of Costa Mesa (SLA) to prepare the hydrology,
hydraulic and preliminary design survey for the Slater Channel. The study is now complete
and the design phase is ready to begin. The City could accept the completed study and
issue another Request for Proposal (RFP) for Consulting Civil Engineering Services to
prepare improvement plans, specifications and the environmental survey for the channel.
However, tight FEMA deadlines require expediting this phase of the project to protect grant
funds. Retaining the recommended firm will reduce the project schedule by 4 to 6 months.
SLA will be cost effective for this phase due to the firm's familiarity with the project. A new
consultant would require additional resources to provide a similar product.
Requested funds for the design of the Slater Channel:
Agreement amount $229,550
Allowance for change orders 22,955
Supplemental expenditures 6,000
TOTAL = $258,505
The Director of Public Works is requesting authorization to spend up to
$22,955 on potential changes or additions to the scope of services which cannot
be specifically identified at this time.
Environmental Status :
All required environmental clearances will be processed prior to future Council action
to approve a construction contract.
1089 slater design -3- 08106199 1:00 PM
• REQUEST FOR ACTION •
MEETING DATE: 08-16-99 DEPARTMENT ID NUMBER: PW 99-081
Attachment sl-
NumberCity Clerk's
Page . .
1. Amendment No. 1
2. Sole Source Justification
3. Location Map
RCA Author: SEK
SEK:sar
1089 slater design -4- 08/06/99 1:00 PM
ATTACHMENT 1
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND TETRA TECH, NC./SIMONS,
LI & ASSOCIATES, INC. FOR THE PREPARATION OF DESIGN PLANS,
SPECIFICATIONS AND COST ESTIMATE FOR THE SLATER CHANNEL
THIS AMENDMENT is made and entered into the� ay of AZLPa ZctSr
1999, by and between the CITY OF HUNTNGTON BEACH, a California municipal
corporation, hereinafter referred to as "City", and TETRA TECH, NC./SIMONS, LI &
ASSOCIATES, INC., a California corporation, hereinafter referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement entitled
"Professional Services Contract Between the City of Huntington Beach and Simons, Li &
Associates, Inc. for Slater Channel Hydrology/Hydraulic and Design Study which agreement
shall hereinafter be referred to as the "Original Agreement," and
Since the execution of the Original Agreement, CITY has requested additional work
from CONSULTANT and CONSULTANT has agreed to perform such work; and
CITY and CONSULTANT wish to amend the Original Agreement to reflect the
additional work to be performed by CONSULTANT, and the additional compensation to be
paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL WORK
CONSULTANT shall provide to CITY such additional services as required by
CITY, as described in the letter-proposal to CITY dated July 16, 999, a copy of which is
attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth
herein.
2. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed hereunder as
described in Section 1 above, CITY agrees to pay CONSULTANT and CONSULTANT
agrees to accept from CITY as full payment for services rendered, an additional sum not to
exceed Two Hundred Twenty Nine Thousand Five Hundred Fifty Dollars ($229,550).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
1
agree/slaterch 1/06106i99
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
TETRA TECH, INC./SIMONS, LI & ITY OF HUNTINGTON BEACH, a
ASSOCIATES, INC. municipal corporation of the State of
California
By: �V= '51 — —
Ruh-Ming Li, President
Mayor
ATTEST:
By:
Rick Lemmon, ecretary
City Clerk ,�3 99
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City 41ministrator City Attorney
AND AP OVED:
Director of Public Works
2
agree/slaterch 1 0?!29:199
Scope of Work
DESIGN AND CONSTRUCTION DOCUMENT PREPARATION
SLATER CHANNEL FLOOD HAZARD MITIGATION
Simons, Li & Associates, Inc. (SLA) has prepared the hydrology report, hydraulic
analysis, and conceptual design for Slater Channel under Contract No. CC-1089. This
scope of work relates to detailed design and preparation of plans, specifications, and
estimates (PS&E), as well as assistance in the bidding process. This scope of work
(Work) pertains to improvements from Springdale Street to downstream of Goldenwest
Street. Future improvements to the pump station, lateral storm drains, and upstream
channels/lakes are not part of the Work.
Task 9. FINAL DESIGN SURVEY
In the preliminary study, SLA initiated the survey work along the channel primarily for
the purpose of verification of the as built channel elevations versus the existing elevations
at selected locations. SLA also evaluated several benchmarks, which were used for as
built drawings. The preliminary survey showed that the existing channel elevations are
generally lower than the as built plans which is consistent with the subsidence records at
the benchmark on Springdale Street and Edwards Street. One of these benchmark will be
selected for final survey vertical control. The preliminary data includes key elevations at
the culverts for hydraulic analysis which need to be expanded to cover a complete survey
of all structures including transitions, and other erosion control facilities. The survey will
extend to cross section geometry and all building pads adjacent to the catch basin inlets
in order to confirm that the flood hazard condition is mitigated (see Attachment: Sun
Survey Proposal). Combining the preliminary survey data, the final survey will provide
the following data:
• Block wall alignment and top of wall and ground elevations from Springdale to
Goldenwest Street.
• Street curb or fence alignment and top of channel elevations along these alignments
from Springdale to Goldenwest Street.
• Culverts (verify preliminary data), transitions, storm drain outlets, and existing bank
protection from Springdale to Goldenwest Street.
• Complete cross sections between culverts every 200 feet (approximately 30 sections)
from Springdale to Goldenwest Street.
• Spot Elevations for channel and pump station downstream of Springdale Street
G:1LAN W"Proposals',slaterdgn.sow.doe
• i
• Storm drain catch basin floor lines and property elevations near the catch basins (pad
elevations at the door) from Graham Street to Goldenwest Street.
Task 2. RIGHT-OF-WAY AND SURVEY CONTROL (optional)
This is an optional task to define right-of-way and channel centerline for construction
instead of assuming the street curbs, property fences, and block walls as the right of way
lines. During our concept plan study, there were problems found in matching the
locations of the as built channel centerline with the right-of-way lines. SLA recommend
that a new survey control line be established between the channel boundaries (block wall,
top of street curb, or fence).
Task 3. UTILITY SEARCH
A complete utility search along the construction reach will be performed and the
interfering utilities will be identified. Above ground utilities will be identified by survey.
SLA will prepare data and transfer to the City for permitting and agreement with utility
companies. Utility potholes will be performed by the City (not included in current
estimates.)
Task 4. GEOTECHNICAL REPORT
This task includes preparation of geotechnical recommendations for foundation design of
retaining walls and concrete structures. as well as temporary and permanent stable slope
and compaction/backfill requirements. Recommendations will be made based on field
investigation as well as laboratory testing (see Attachment: Earth Mechanics proposal)
Task 5. FINAL ANALYSIS AND DESIGN —CHANNEL IMPROVEMENT
SLA will conduct final engineering analysis and design for channel improvements along
the Slater Channel from Springdale Street to the downstream side of the Goldenwest
Street Culvert. The alternatives proposed in the conceptual design report will be refined
and revised according to the City's review comments. A final hydraulic model will be
performed, and the water surface elevations will be compared to the street and building
pad elevations to make sure that the recommended construction will meet FEMA's
funding criteria which is to mitigate the existing flood hazard. The design channel
alignments will be defined for each reach based on the final survey data. Design details
including box culverts, reinforced concrete channel sections, riprap details, transition
structures, and utility relocation will be provided.
Task fi. FINAL DESIGN — BLOCK WALL/FENCE
For those reaches next to the residential tracts. block walls exist at the top of the bank.
These walls may be affected by the construction; some have exposed footings. Chain
Link fences are existing along the channel. These fences are covered by heavy
vegetation which may not be salvaged after removal for construction. SLA recommends
preparing a new construction of block wall/fence as part of the channel improvement plan
G:t.LAN w.Proposals%slaterdgn.sow.doc
or providing a retrofit plan for temporary stabilization during construction and permanent
reinforcement of the unstable wall and fence. The begin and end stations of wall
replacement, wall alignments, top of wall and toe of wall elevations, wall sections, and
joints between the slope lining and wall will be shown on the plans. Specifications will
include wall and fence replacement.
Task 7. TRAFFIC MANAGEMENT PLAN
SLA will prepare a traffic management plan including traffic sign locations and detour
route plan. Operation hours will be shown in the specifications.
Task 8. FINAL DESIGN REPORT
SLA will prepare a final design report including all backup data for field survey,
hydraulic analysis, and design calculations. Detailed cross sections at each culvert
crossings and survey locations will be documented in the report for contractor reference
(plans will include typical sections and major geometry changes only, not detailed
sections.)
Task 9. CONSTRUCTION DOCUMENTATION
SLA will prepare design plans, specifications, and construction estimates for the
proposed improvements. The design sheets will include title sheets, geometric control,
plan and profile sheets (in 40 scale), and construction details including storm drain
confluence, transition structures, concrete reinforcing schedule, utility protection and
relocation plan, Springdale Street box culvert plan, reinforcing details, riprap details, and
temporary stabilization for walls and fence. Design plans will incorporate the traffic
control plans.
Task 10. BID ASSISTANCE
SLA will assist the City in bid preparation, bid organization, and pre-construction
meetings.
Task 11. CONSTRUCTION STAKING
Due to the uncertainty in the right of way, it is recommended that the City (or its
Engineer) provide construction staking to avoid any conflict. As needed, SLA will
provide construction staking (see Attachment)
Task 12. CONSTRUCTION ASSISTANCE
SLA will provide as needed assistance during construction including resident engineer,
inspection, project control, review of contractor's revision and claim. and as on site
design modification.
G:\LAN Wroposals\slaterdgn.sow.doc
I
Task 13. PROJECT MANAGEMENT/COORDINATION
SLA will conduct weekly in-house project meetings and provide a bi-weekly oral report
to the City. SKA will provide necessary coordination with subcontractors.
Task 14. PROJECT MEETINGS
SLA will meet with the City for progress meetings. For fee estimates, a 24 hour meeting
time for PM and Senior Engineer was assumed. Additional time will be at extra charge.
G:\LAN W\Proposalslslaterdgn_sow.doc
• •
SLATER CHANNEL FINAL DESIGN AND CONSTRUCTION
Proposed by Tetra Tech Inc./Simons,Li&Associates.Inc.
TASK 'PM SE DE TECH CLER SUBTOTAL OPTIONAL
FEE
Billing Rate Per Hour $ 110.00 $ 96.00 $ 78.00 5 60.00 5 35.00
DIRECT LABOR Fixed Fee to be billed by percentage of completion
1 FINAL DESIGN SURVEY (See Attachment) 5 14.500.00
2 RIGHT OF WAY AND CONTROL (See Attachment) S 5.500.00
(Optional Task)
3 UTILITY SEARCH 4 24 24 S 3.696.00
4 GEOTECHNICAL REPORT (see Attachment) S 14.715.00
5 FINAL ANALYSIS AND DESIGN 40 160 72 40 $ 27.776.00
CHANNEL IMPROVEMENT
6 FINAL DESIGN-BLOCK WALLIFENCE 8 40 80 S 9.520.00
(Optional Task)
7 TRAFFIC MANAGEMENT PLAN 8 24 32 12 $ 6.400.00
8 DESIGN REPORT 40 96 80 24 40 S 22.696.00
9 CONSTRUCTION DOCUMENTATION 64 220 272 120 $ 56.576.00
10 BID ASSISTANCE $ 5,000.00
(Optional Task) q
11Ll:.0GI-STR1 ICTICLSTnIStA13 A q qnQ M, 9�
(Optional Task)
12 CONSTRUCTION ASSISTANCE (To be Determined Approximately 5-8%of construction Cost)
(optional Task)
13 PROJECT MANAGEMENT 96 60 $ 16.320.00
14 PROJECT MEETINGS 24 24 $ 4.944.00
Direct Labor Subtotal 280 528 480 300 40 $ 167,623.00 $ 29,920.00
Direct Labor Optional Work Subtotal
DIRECT COST Time and materials not to exceed without authorization
CADD Station Usage(plotting/drafting/calculations @$10.00Ihr) $2,000.00
Reproduction (design report,geotechnical reports, survey notes, back up data, plans. estimates, and
specifications) $3,000.00
Mail S200.00
Mileage($0.31lmile) $250.00 S
Subconsultant Surcharge(15%of Fee) (based on S30,000) $4-154"()
Total Direct Costs $9,960.00
TOTAL COST WITHOUT OPTIONAL ITEMS $ 177,573.00
TOTAL COST WITH OPTIONAL ITEMS $ 2 , 93.00 �
4t
'Staff Category PM-Project Manager SE-Senior Design Engineef]Hydfaulic Engineer
DE-Design Engineer/Scientist TECH-Technical Support/CADD
CLER-Clerical
i
Scope of Work
ENVIRONMENTAL COMPLIANCE
SLATER CHANNEL FLOOD HAZARD MITIGATION
Simons, Li & Associates, Inc. (SLA) is currently working on the hydrology, hydraulics,
and design study of the Slater Channel under Contract No. CC-1089. This project is
funded by Federal Emergency Management Agency (FEMA) and substantial
construction must be in process by March 2000. To meet the construction schedule, the
environmental tasks should be performed concurrently with the design study. The
environmental process has been initiated by FEMA for funding qualification. The
National Environmental Protection Act (NEPA) has been initiated by FEMA. Continuing
coordination with FEMA to ensure completion of the NEPA process is necessary. In
addition, California Environmental Quality Act (CEQA) must be complied prior to
construction. No major issues have been identified in the initial site investigation by
FEMA. Both City and SLA determined that a Negative Declaration under CEQA would
be an appropriate document for CEQA compliance. Although the project alternative has
not been defined yet, it is assumed for environmental impact evaluation that the earthen
channel from Springdale Street to Goldenwest Street (FEMA funding project reach) will
be lined within the channel right of way. Future improvements such as storm drain pump
modification are not part of the project.
Task 1. NEPA Coordination
SLA will act as the City's representative to coordinate with FEMA and the State
Governors Office of Emergency Services to obtain the NEPA clearance. This includes
initial call, frequent checking on the status and obtaining a final clearance for file.
Task 2. Biological Survey and Biology Report
Although Slater Channel was constructed for relief of urban floods in which regular
maintenance does not support establishment of sensitive wetland habitats, the
U.S.Wildlife Services has interest in the biological resources in the upper parks and
recreational facilities. Therefore, the biological resources in the existing channel from
Goldenwest Street to the channel outlet will be investigated and potential impacts by
excavation and lining the earthen channel will be identified.
The intent of the biological investigation is to identify the existing habitat conditions at
the project site and to evaluate the quality of the habitat, the ecological importance of the
habitat, and the occurrence or potential occurrence of rare, threatened, endangered, and
sensitive plant and wildlife species. An overall review of the environmental setting for
biological resources including Talbert Lake, Central Park, and Sully Miller Lake will be
performed. A reconnaissance level biological survey along the Slater Channel will be
conducted to identify the existence or potential occurrence of rare, endangered, sensitive,
and threatened species. Wetlands area will be estimated using physical indicators such as
ordinary high water marks; no formal wetland delineation is proposed at this time.
The biological survey and evaluation will be formally documented. A report will be
prepared to address the findings, evaluation, and recommendations (no significant
impacts which require mitigation are assumed for fee estimates).
Task 3. Negative Declaration
A "Negative Declaration" will be prepared following the California Code of
Environmental Regulations and City of Huntington Beach guidelines. This task includes
three subtasks shown as follows.
3.1. Research and Review
Several environmental reports have been prepared for other projects located in the
project vicinity. Primary data which will be reviewed include Draft EIR for
Central Park, Parkside EIR, Shipley Natural Center Habitat Mitigation and
Monitoring Proposal, City of Huntington Beach Infrastructure Restoration Study,
and City General Plan. These documents include previous research on air quality,
traffic, cultural resources, soils/geology, noise, utilities, hydrology, groundwater,
water quality, hazardous materials, ...and etc. These will form basic database for
the initial study of Slater Channel Improvement, in addition to biologic resources
investigation from Task 2. It is assumed for fee estimates that all data except for
biological resources can be obtained from reference stated above Additional
researeh on cultural, groundwater, noise, air, and soils/geology will be conducted
as needed.
3.2 Initial Study Report/Environmental Checklist
The initial study and checklist will be prepared following the City's guidelines.
As a minimum, the Initial Study will include the following: Project Description,
Checklist, Environmental Setting, Potential Impact Evaluation, and
Recommendation for Mitigation Measures (if impacts are found). Every item in
the checklist will be evaluated and filled out. This includes land use/planning,
population/housing, geology/soils, hydrology/water quality, air quality,
agricultural resources, transportation/traffic, biological resources, mineral
resources, hazardous materials, noise, public services, utilities/service systems,
aesthetics, cultural resources, and recreation. The evaluation criteria will include
the following levels of significance: potentially significant impact, potentially
significant unless mitigation incorporated, less than significant impact, and no
impact.
To support findings, explanation of the response to each checklist item will be
made and the environmental setting and results of impact analysis will be
presented in the Initial Study Report. If there are potential impacts,
recommendations will be made on mitigation measures to avoid potentially
significant impacts(no significant impacts are assumed for fee estimates.)
3.3 Negative Declaration
A Negative Declaration will be prepared for the proposed project on behalf of the
City of Huntington Beach. As a minimum, the Negative Declaration will include:
a brief description and location of the project, a summary of the Initial Study
findings, and a brief outline of mitigation measures to be included in the project to
avoid significant impacts (no significant impacts are assumed for fee estimates).
The Initial Study Report and Checklist will be included to support the findings.
Task 4. Meetings and Consultation
This task includes meetings with the City to discuss sensitive environmental issues in the
project vicinity, previous work related to environmental assessment, available documents,
City's specific guidelines, schedule of publication, reports and findings on Biological
Resources Evaluation, Initial Study, and adoption of the Negative Declaration.
Meetings and consultation with U.S. Army corps of Engineers, Department of Fish and
Games, and U.S. Wildlife will not be performed under the city's direction. Permitting
process including 404 and 1601 is not anticipated at this time based on previous contact
with the Army Corps of Engineers which can be added as additional task if it becomes
necessary.
SLATER CHANNEL ENVIRONMENTAL COMPLIANCE
Proposed by Tetra Tech Inc./Simons, Li&Associates, Inc.
TASK 'PM SEISS DEIS TECH CLER -SUBTOTAL
Billing Rate Per Hour $ 110.00 $ 96.00 $ 78.00 $ 60.00 $ 35.00
1 NEPA Coordination 12 $ 1.320.00
2 Biological Survey and Biology Report 8 28 42 24 4 $ 8,424.00
3 Negative Declaration $ -
3.1 Research and Review 2 24 40 $ 5,644.00
3.2 Initial Study/Checklist 2 20 40 40 $ 7,660.00
3.3 Negative Declaration and Publication 2 8 $ 988.00
4 Meetings and Consultation 16 16 0 $ 3,296.00
5 Project Management 20 $ 2.200.00
Direct Labor 62 96 122 64 4 $ 29,532.00
Direct Costs:
CADD Station Usage $ 500.00
Reproduction $1,000.00
Mail $ 100.00
Total Direct Costs $1,600.00
'Staff Category PM-Project Manager SE/S-Senior Engineer and Scientist
DE/S-Design Engineer/Scientist TECH-Technical Support/CADD
CLER-Clerical
ATTACHMENT 2
-r
RIDEVTO SOLE SOURCE REQUISITION
SOLE SOURCE JUSTIFICATION
ITEM: Slater Channel Design: CC- 1089
SOURCE: Simons, Li &Associates, 3150 Bristol Street. Suite #500, Costa Mesa, CA 92626
THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS
AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE IT IS:
❑ SUBJECT TO VALID AND EXISTING UNITED STATES PATENTS OR COPYRIGHTS AND NO
ACCEPTABLE SUBSTITUTE FOR THIS PRODUCT OR SERVICE IS AVAILABLE
❑ A PROPRIETY PRODUCT OR SERVICE NOT OTHERWISE AVAILABLE AND FOR WHICH NO
SUITABLE SUBSTITUTE IS AVAILABLE.
❑ OTHER AVAILABLE AND COMPETITIVE ITEMS ARE INCOMPATIBLE OR UNUSABLE WITH EXISTING
EQUIPMENT.
® COMPETITIVE SOURCES ARE AVAILABLE BUT THE REQUIRED DELIVERY SCHEDULE OBVIATES
THEIR USE.
❑ COMPETITIVE SOURCES ARE AVAILABLE BUT ARE UNRELIABLE OR THE PRODUCTS OR
SERVICES OFFERED LACKS THE REQUISITE QUALITY OR SUFFICIENT QUANTITIES ARE NOT
AVAILABLE.
® OTHER
EXPLANATION OF ITEM(S) CHECKED
Simons, Li & Associates, Inc. was hired to prepare the hydrology, hydraulic and preliminary
design study for the Slater Channel. Staff could accept the completed study and issue another
Request for Proposal (RFP) for Consulting Civil Engineering Services to prepare improvement
plans and specification and environmental survey for the channel. However, tight FEMA
deadlines are pressing staff to expedite this phase of the project to protect grant funds. By
hiring the same firm that completed the design study, staff can cut 4 to 6 months off the project
schedule. Additionally the City would save on the cost of preparing plans and specification due
to the same firm's familiarity with the project; a new consultant would not have this familiarity
and would require additional time and money to reach the same point. It is staffs opinion that
Simons, Li &Associates, Inc. should be granted the sole source status so that the project can
be completed in a timely manner and before the next rainy season.
• •} SOLE CE SIGNATURES
•r
Depa, ment Bead Signature
ay,
D ty City Administrator/Chief of
Administrative Services
City A ministrator's Signature
per 3.02A90(c) H.B. Municipal-Code
16706
ATTACHMENT 3
PROJECT SITE New
SLATER AVE
IF
i F�
<ILI lur j
z
PROJECT
SITE
n
"NLU
HUNTINGTON
CE-NTRAL
DARK
L
EL:-IS AVE. 'I
..,cp
m V)
E
of
z 2
z
z
0
OF
------------ -
NOT TO SCALE
C3
L-j
CL
GARFIE:-D AVE. r E
rPlo-:�fc-nz) -vc- S A-RCA.DAr-3
LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS MD
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: APPROVE CONSULTANT FOR SLATER CHANNEL
DESIGN PLANS AND SPECIFICATIONS; CC-1089
COUNCIL MEETING DATE: AUGUST 16, 1999
RCA ATTACHMENTS =' �... :'STATUS
Ordinance (wlexhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to fomn by City Attomey) Not Applicable
Certificates of Insurance (Approved by the CityAttomey) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR: MISSING ATTACHMENTS.
REVIEWED: -RETURNED: FORWARDED
Administrative Staff ( ) { )
Assistant City Administrator (Initial) { ) ( )
City Administrator (Initial)
City Clerk ( )
-` ._ .: : . NATI N :FOR-RETURN-OF ITEM
SpaceOnly)
RCA Author: SEK
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTF GTON BEACH
DATE: AaIT14
TO: / �/ �7�S�DL'/� ATTENTION: ZigN dC
N e
DEPARTMENT:
22
Str
e Q REGARDING: /Q�2sC Q
City,State,Zip
See Attached Action Agenda Item e!5—i!� Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed / Other
,y
Na a Department�I oh RCA Agree�e t Insurance Other
_ /�u6• s ✓ -✓� ✓
N e Department RCA Agreement Insurance Other
Name Department RCA Agccmcnt Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name- Company Name- Date
Glollowuplcoverltr
(Telephone:714-5$5-5227)
� �9 13eurr�s! �v✓
ITY OF HUNTINGTON BEACIP
MEETING DATE: 04-05-99 DEPARTMENT ID NUMBER: PW 99-02
Council/Agency Meeting Held:
Deferred/Continued to:
®Approved ❑ Conditionally Approved ❑ Denied City Clerk's SignatdrW
Council Meeting Date: 04-05-99 Department ID Number: PW 99-02
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION ; r3,.
Cr =
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
> s - '
SUBMITTED BY: RAY SILVER, City Administrat ;,-
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
n
SUBJECT: APPROVE CONSULTANT SELECTION FOR SLATER CHANNEL
PRELIMINARY DESIGN STUDY; CC-1089
[Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue
Authorization is requested to proceed with the selection of a consultant to perform the
necessary hydrology/ hydraulic and preliminary design study for the Slater Channel tributary
area.
Funding Source : Public Works,
The City was awarded two FEMA Hazard Mitigation Grants in May 1998 totaling $3,309,943
for design and construction improvements to the channel. The City is responsible for the
25% match.
Match funds are available in the Drainage Fund Account.
Recommended Action : Motion to:
1. Appropriate $113,450.00, to be used for the design Study Report from the
Drainage Fund Account, And,
6-6
CC-1089 SLATER CHANNEL RCA 1 .2. 03/23/99 8:55 AM
1
• REQUEST FOR ACTION •
MEETING DATE: 04-05-99 DEPARTMENT ID NUMBER: PW 99-02
2. Approve the selection of Simons, Li & Associates, Incorporated, Costa
Mesa, California, to prepare the Slater Channel Hydrology/Hydraulic and
Preliminary Design Study; CC-1089, And,
3. Approve the attached agreement with Simons, Li & Associates and
authorize the Director of Public Works to expend $113,450.00, to cover
contract costs of $97,682.00, potential change orders of $9,768.00, and
supplemental expenditures of$6,000.00.
Alternative Actions
Deny approval of the agreement and provide staff with additional direction in which to
proceed.
Analysis :
The Slater Channel is located along Slater Avenue between the County's East Garden
Grovel Wintersburg Channel (C05) and Huntington Central Park. The down stream
terminus of the channel is the City's Slater Storm Drain Pump Station. The channel was
originally designed and sized utilizing 1960's hydrological methods and as a result of storm
damage in early 1995, is considered deficient per current standards and criteria. In May of
1998, the City was successful in securing two FEMA Hazard Mitigation Grants for a total of
$3,309,943, to upgrade the channel to current flood protection standards. After receiving
preliminary Federal environmental clearance, staff initiated design consultant selection
procedures and interviews in September 1998.
The consultant will prepare a detailed hydrology/hydraulic and preliminary design study that
will utilize existing retention/detention basins, channel right-of-way and land-use
modifications. This information will be used to evaluate preferred channel sections that will
maximize upstream system capacities while complying with FEMA constraints and criteria.
Consultant Services Justification:
Due to an extremely large workload, existing staffing levels are not sufficient to
complete the hydrology/ hydraulic and preliminary design study for the Slater Channel
tributary area within the current fiscal year; therefore, Requests for Proposals (RFP)
were sent to consultants for the work.
Proposal Evaluation and Recommendation:
On October 21, 1998, RFP's for the Slater Channel Hydrology/Hydraulic and
Preliminary Design Study were mailed to five qualified civil engineering consultants.
Each firm was asked to submit a written response by December 1, 1998. Proposals
were received from the following four firms:
CC -1089 SLATER CHANNEL RCA 1 -3- 03/23/99 8:55 AM
REQUEST FOR ACTION
MEETING DATE: 04-05-99 DEPARTMENT ID NUMBER: PW 99-02
Firm Location
1. Holmes & Narver Orange, CA
2. Robert Bein, William Frost &Associates Irvine, CA
3. Simons, Li & Associates, Incorporated Costa Mesa, CA
4. Willdan Associates Anaheim, CA
A three member committee reviewed the proposals submitted and prepared written
evaluations on the basis of qualifications and experience of key individuals, staff
availability, references, successful completion of similar projects, and quality of
proposal for each firm. The committee interviewed the top two firms, and on January
6, 1999, selected Simons, Li & Associates.
Public Works staff recommends the attached agreement with Simons, Li &
Associates, be approved.
Simons, Li & Associates, professional liability does not meet City's requirements. On
March 16, 1999, the City's insurance settlement committed met and approved SLA
insurance as provided and recommends Council approval.
Environmental Status
.The proposed study activity does not constitute a "project" as defined in California
Government Code, Section 15378, and environmental approval is not required. All
necessary environmental actions will be processed prior to future Council action to
approve a construction contract.
Attachments :
City Clerk's
P. . - NumberDescription
1. Location Map
2. Agreement
3. Insurance Settlement Committee waiver
RCA Author: SEK
CC-1089 SLATER CHANNEL RCA 1 -4- 03/23/99 8:55 AM
ATTACHMENT 1
19ML ANIL
PRO,;ECT SITE
SLATER AVE.
-mm
F—
cl=-7
<
Li
U. u
Ln
q ni r U)
PROJECT
SITE
ri
-77
r II
L
/ ,
HUNTINGTON
�'f-
r"--\TRA-
PAR,<
NTH
(A
E
cc
0
CN
0
L
NOT TO SCALE
4 1-
GARFIF—D AVE. E
otStc:rrp Evo;j- SLA—KA--'A--G
LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBUC WORKS
ATTACHMENT 2
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SIMONS, LI & ASSOCIATES, INC. FOR
SLATER CHANNEL HYDROLOGY/HYDRAULIC
AND DESIGN' STUDY(CC-1089)
THIS AGREEMENT is made and entered into this day of /gl°/E /L
1999, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and SIMONS, LI & ASSOCIATES, INC.,,a
California corporation,hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to prepare a
hydrology/hydraulic and design study for the Slater Channel; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03 relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal ("RFP"), and CONSULTANT's Proposal dated October 13, 1998 (both of which are
hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this
AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as
the "PROJECT."
CONSULTANT hereby designates Lan Weber who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this AGREEMENT.
1
g:agreeS1aterCh 11/26 99
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this AGREEMENT. f
3. TIME OF PERFORMANCE 1
r'
Time is of the essence of this AGREEMENT. The services of the
CONSULTANT are to commence as soon as practicable after the execution of this
i
AGREEMENT and all tasks specified in Exhibit "A" shall be completed no later than eighty-five
(85) days from the date of this AGREEMENT. These times may be extended with the written
permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are
generally to be shown in the Scope of Services on the Work Program/Project Schedule. This
schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and
CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Ninety-Seven Thousand Six Hundred Eighty Two
Dollars ($97,682).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this
AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of
precedence shall govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3)the
CITY's RFP.
2
g:agreeSlaterCh/1/26'99
6. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A," or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation-for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. Delivery of work product: A copy of every memorandum, letter, report
calculation and other documentation prepared by CONSULTANT shall be submitted to the
CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for satisfactory
completion. Any such product which has not been formally accepted or rejected by CITY shall
be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONSULTANT's firm that the work has been performed in
accordance with the provisions of this AGREEMENT; and
3
gmgreeSlaterCh/1,26199
5) 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 promptly approve the invoice, in which event payment shall be made within thirty
(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably.withheld.
If the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the
reasons for non-approval within seven(7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
AGREEMENT is terminated as provided herein.
D.- - Any billings for extra work or additional services authorized by CITY
shall be invoiced separately to the CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such
time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate
and apart from the ongoing performance of the remainder of this AGREEMENT.
8. DISPQSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
4
gmgreeS laterCh!W26199
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may he used by CITY in the completion of the
PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment
of fees determined to be earned by CONSULTANT.to the point of termination or completion of
the PROJECT,whichever is applicable. CONSULTANT shall be entitled to retain copies of all
data prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and save and hold harmless
CITY, its officers, officials, and employees, and agents from and against any and all liability,
loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every
nature) arising out of or in connection with CONSULTANT's performance of its services under
this AGREEMENT, or its failure to comply with any of its obligations contained in this
AGREEMENT by CONSULTANT, its officers, agents or employee, except such loss or damage
which was caused by the sole negligence or willful misconduct of the CITY.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONSULTANT acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
5
g:agreeS1a1erCh/1/26/99
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT:shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain-and furnish-to CITY,-a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide-coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the abovementioned insurance contain a self-
insured retention, or a"deductible" or any other similar form of limitation on the required
coverage.
6
g:agreeSlaterCh!l i26199
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than $1,000,000-per occurrence and in the aggregate.
A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work(including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, CONSULTANT agrees to
purchase an extended reporting provision of at least two (2) years to report
claims arising from work performed in connection with this
AGREEMENT.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
7
&agreeSlarerCh 11iZ6M
C. shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty days
prior written notice; however, ten days prior written notice in the event of
cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages:shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and
be responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
15. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this AGREEMENT
8
gmgreeSlaterCh:1.126.`99
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein.
16. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
17. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this AGREEMENT.
18_ CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY-employee
in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall
have any financial interest in this-AGREEMENT in violation of the applicable provisions of the
California Government Code.
19. NOTICES
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall
warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO CONSULTANT:
Robert Beardsley, Director of Public Works Lan Weber, Project Manager
City of Huntington Beach 3150 Bristol Street, Ste. 500
2000 Main Street Costa Mesa, CA 92626
Huntington Beach, CA 92648
9
g:agreeSIarerCh/lr2W99
20. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor.work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE LEFT BLANK
10
gmgreeSlaterCh A 26/99
23. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEMENT between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by and through their authorized offices the day, month and year First above written.
SIMONS, LI &ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
By:
Ruhtl�t-. ing Li,President
By. May
Rick Lemmon, ecretary
ATTE
REVIEWED AND APPROVED: ,-" �
City Clerk 99
City lUrninistrator
APPROVED AS TO FORM:
a- Z 4LI� ,
/ L
City Attorney
Z ID APP VED:
f
Director of Public Works
11
g:agrccSlaterCh 1`26/99
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SIMONS, LI &ASSOCIATES, INC. FOR
SLATER CHANNEL HYDROLOGY/HYDRAULIC
AND DESIGN STUDY (CC-1089)
Table of Contents
1 Work Statement .......................................................................................................1
2 City Staff Assistance................................................................................................2
3 Time of Performance...............................................................................................2
4 Compensation ..........................................................................................................2
5 Priorities........................................................................................2
6 Extra Work...............................................................................................................2
7 Method of Payment................................................................................... .........3
8 Disposition of Plans, Estimates and Other Documents ...........................................4
9 Hold Harmless .........................................................................................................5
10 Workers' Compensation Insurance ..........................................................................5
11 General Liability Insurance......................................................................................6
12 Professional Liability Insurance..............................................................................6
13 Certificates of Insurance..........................................................................................7
14 Independent Contractor............................................................................................8
15 Termination of Agreement.......................................................................................8
16 Assignment and Subcontracting ..............................................................................9
17 Copyrights/Patents...................................................................................................9
18 City Employees and Officials..................................................................................9
19 Notices .....................................................................................................................9
20 Immigration..............................................................................................................10
21 Legal Services Subcontracting Prohibited...............................................................10
22 Attorney's Fees.........................................................................................................10
23 Entirety.....................................................................................................................10
gmgree/j mp-WSlaterCh/l/26199
ATTACHMENT 3
Sent By: Lyons Insurance Agency, Inc. ; 302 658 1253; Jar-19-99 10:3CAU; Pace 214
AC (;E RTI F I C � 'O F::LIAB'l LI TY:'I NSI) ' . E CSR I'a DATE(MMIDD/YYl
.. �_
PRODUCER e/ /J, f� THIS CERT:FICATE IS ISSUED AS A MATTER OF INFORMATION
Lyons Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Powdermill Square ri1&1-7-Fl4e JVro HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR
3844 Kennett pipe, Suite 210 ALTER THE COVERAGE AFFORDED BY THE POLICIE5 BELOW.
Wilmington DE 19007 �°6Q /D S/
9 � COMPAra(ES AFFORCIlNC COVERAGE
Richard A. Kavanaugh �PJ i coM _
/�
Pt'uirN:,. 302 -658-5508 _F6aLNo 302-658-1253 -IJ A Hartford Insurance
INSURED '
' COMPANY
B Twin City rire Insurance Co.
COMPANY - —
Simons, Li 3L Associates C
3150 Bristol Street, Ste. #500 COMPANY -
Costa mesa CA 92626 O
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INaURANCE LISTED BELOW HAVE BEEN ISSUED TO Tr¢INSURED NAMED ABOVE FOR THE POLICY PERIOD
INCICATED NOrMTHSTANOIKG ANY REQUIREMENT.TERM OR CONO T1014 OF ANY CONTRACT OR OTHER oC uL1ENr wrrH RESPECT TO WHICN TNIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.'•HE INSURANCE AFFORDED BY TI•HE POLICIES DE3C.Rt8&:)HEREIN 15 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND COhb'TIONS OF 5UCH POLICIES.LIMITS SHOWN MAY HAVE SEEN RtVUCEU BY PAID CLAIMS
CO TYPE O'INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATICN '
LTA CATE(MMIDDlYY) Uo I U IMMIDD+YY1 LIMITS
GENERA.LOAl3ILrY GEL(ERALAGCREGATE 1`2000000
A X COMMERCIALCENI!gALUAB(LITY 44SBKQD4344 10/01/98 10/01/99 PRDQucT5-cohHP,oPAG.� $NIL-
, . . ....... � --
CIJyIIaSMIILDE X I OCCUR: i PERSOMALAA,WINJURY -s 1D00000
-O'r1NFR'S a CONT"CTOFCS PROT. I - EACH OCCURRENCE :f 10 0 00 0 0
i FIR`_DAMAGE IAnv ene Gre+ 'e 3 000 0 0
°VTOMObIiE UABILT" ^.
I+_�ED EXP(AAV one aen0n) :S 1000 0
A X ANY AUTO 44U3NIF 13301 10/01/98 10/G1/99 ,`OMEI:FI131NGLELIMIT- 51000000
ALL D%T:En AUTOS - .Y
BODILY INJURY S
SCHEOULEDAVTOS TQ Q (Prrprhan;
HIRED AlIT05 V A ROPILY INJURY
i X hON.OwNED AUTOS +� i V S,�L�� _ (PC scCloerl)
A I I PROPERTY DAMAGE x --
GARAGE I.IA131LITY i 4T i ys, ( u AUTO ONLY.EA ACCIDENT E
ANY AUTO �a n
�W .G1;• 'OT"LF(I MAN AU IV UKY: '
^�� fACHACCIDEF,I S
AGGREGATE S
LXCES5 LIABIL-ITY �U`(C :EACH OCCVRRENCE 5 4 0 0 0 0 D 0
A X UMBRELL°FORM 44YJUJYU0785 D �� 10/01/98 10/01/99 ;AGGREGATE s4000000
OTHER THAN UMBRELLA FORM 0 - i 3
Y''J>aiT_RS COMPENSATION AND - j W 6TATU• I -O t;--
EMPLOYERS'LIABILITY '
_ I EL_EACN ACC IDENT !tI 1000000
THE PROPRIET>)R: 1 ,
8 X' INCL ' 94P'SRDdP135D 10/01/90 10/01/99 -ELDISEASE•POLICYLwil -31000000
PART NER51ExEGUTIVE -
S OFFICERS ARE- ! EXCLI 441MMP3351 10/01/98 I 10/01/99 tLDIUFJLSE-EA EMPLOYEE S 1000000
OTIHCR ,
i
j
I !
DESCRIPTION OF 09ERATION$+LOCA.MNSNEHICXMSPECIAL ITEMS
It is hereby agree$ that the Cityy of Huntington Beach, its Agszkts, officers
and REloyeas are Included as Ad axial Insureds per the attached CO 2010,
RE: Slater Channel Design Study
CERTIFICATE HOLDER :.. : :: CANCELLATION
CiT):HIDN SHOLLD ANY OF THE ASOVC DESCRIBE;3 POLICIES Rt CAI.GELL[D IfrFOITE THC
EXPIRATION DATE THEREOF,THE 195UWG COMPANY WILL MAIL
City of Huntingdon Beach 30 DAYS WRITTEN NOTICETO T11E CERTIFICATE HOLDER NAMED TC THE LEIT.
Steve Krieger
Risk Management Division
2000 Main Street
ts[untingdoa Reach CA 92648
ACORO 25-S(1f95) .. AC'ORD CORPORATION 1988
Sent By: Lycns Insurance Agency, Inc. ; 302 558 12531 Jan-19-99 10:30AM; Page 314
• &711 cAC4"-'-
)'&ILLr FI I'
POLICY NUMBER: 44SDKGD4304 COMMERCIAL GENERAL LIABILITY
THE HARTFORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED--OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modules insurance provided under%he following:
CC)MMFRCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Persona or Organization:
The City of Huntington Beach,
its Agents,Officers&Bmployees
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown
in the ScheOuie, but only with respects to Ilablilty adaing out of your ongoing operations performed for that
insured.
CG 20 10 10 93 Copyright,Insurance Service Office, Inc. 1982
Sent By: Lyons In5urar:ce Agency, Inc. ; 302 658 1253; Jar-19-99 10:30AM; Page 4/4
A00RA CERTIF.IC. - I- NSUF VC�CSR LS DATE(MkQPQM1
/ ' 1 31wN 01/19/99
vRoaucET+ S f SOOQ. /(' THIS CERTIFICATE IS 15S EED AS A MATTER OF INFORMATION
Lyons Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Pamdermill Square HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR
3844 Kennett Pike, Suite 210 /9� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Wilmington D$ 19807 �•t COMPANIES AFFORDING COVERAGE
Richard A. Kavanaugh COMPANY '
302-650-12 3 I A Reliance National Indeamity Co
INSURED I COMPANY
COUPANr
Simone, Li & Associates I C
3150 Bristol Street, Ste. #500 I COMPANY
Costa bless CA 92626
COVERAGES
T)415 I5 TO CFRTIFY THAT THE POLICIES OF IN9U"SANCE LISTED BEL.ONt HAVE BE1:h ISBUED TO THE iNSIjREO NAMFD APOVE FOR THE K)LICY PERIOD
INDICATED NOTW THSTANO?NG ANY REQUIREMENT,TERU OR CONDITION OF ANY CONTRACT ON OTHER OOCUMENT WITH RESPECT TO WHICH THl9
CERTIFICATE MAY gE ISSUPD OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS,
EXCLV3101`1: A!JD CON01 TIDNS OF SL.CH POOCIES.LIMITS S`[OWN►r4Y HAVt BUN KEDVCED BY PAID CLAIMS
C R 'YPE.OF INSURANCE POLICY NUMBER POLICY EFFECTNE IPOLICY EXPIRATION
I
pATE(MM.'DUM-) DATE(MM1Dl:/YY; LIMITS
GENERAL LIABI ITY I GENERAL AGGREGATE S
GO'AJERCIAL GENERAL LIABILITY i PkODUCTS•COMPIOP AGG 5 -
CLAIMS MADE OCCUR, I I PERSONAL A AOV 64JI.RY S
OWNER'S 6 CONTRACTORS PROP 4 .f LCH OCCURRENCE S
FIRE oAMAGE(Anyonefife)
Mrb EXP(MY one Peron} S
AUTOMOBILE LIABILITY
-_ ANY AUTD � � �COMBINED SINGLE LIMIT :S
AL.-WNEDAUTOS ! BOOK YINJURY
SCHEDULED AUTOS - IPe•person', S
HIRED AUTOS
94DILY IN.IURY S
P )
NON OWN£DAUTOS
PROPERTY DAMAGE 6
43ARAOE,IAB!LITY AUTO ONLY•EA ACCIDENT :5
ANY AUTO
I IL)1HEM THAN AUfD UNLY:
EACH ACCIDENT S
r
AGGREGATE 3
EXCESS LIAB:LITYY x�r�+rL�'d EACH OCCURRENCE S
.._..--- ---•._..__...._.. . _.__.._.._ ...
. _.. UMBRELLA FORM i G�, L AGGREGATE �.— S i OTHER THAN UMBRELLA FORM i
Lk(-)RHER+.r.OMPFL,SATION AND I �V WC S7AT1r- :OTH-
EMPLOYER5'LUL91LITY I �y' (.,� 7► TORY_1MITH- ER __...
EL EACH ACGtDENT :S
THE PROPRIFTOR, I
1NCl EL DISEASE-POV:•Y LIMIT 5
PAR7µER51E>(ECUTNE
O-FICERSARE. EXC4' ! `EL715EA5E•EAEMPLUYkE i
OTIiER
'
A Profesa./Pollution i3TF20151 9 10/01/98 10/01/99 See Below For Limits
Sb0 Legal Liab. I '
DESCRIPTION OF OPERA f[Ott&LOCJ rONSNEHICLESISPECtAL ITF-MS
LIMITS: $$5, 000,000 Es. Cl./$5,000,000 A99- and $100,000 Retention $a. Cl.
CLAIMS MADE FORMi Maximum for all claims during the policy year.
RE: Slater Channel Dasi.gn Study
CERTIFICATE flO-DER
CANGELIATION:.... .
CIT E 6KOULD ANY OF THE ABOVE DESCRIBED POLICIES OE CANCELLED BEFORE THE
tAPIRATION,DATE THEREOF.THE ISSUING COMPANY WILL MAIL
City of Huntingdon Desch 30 DAYS WRITTEN NOTIGETOTHE CERTIFICATE MOLGE-RNAMED TO THS LEFT
Steve Krieger
Risk Management Division
2000 Malin street I.-
Huntingdon Beach CA 92648
ACORD.25 5('/95) "........ .... ::..:.:..:...:::....... . ::::...::.::::.: ..::.: :'_ACOFtD.CORPORATION 1988
CITY OF FL'YUNGTON BEACH
APPLICATION FOR INSURA-NCE RrQVT Z-`-IE,7S WA-IVER OR M. ODIFICATION
1. NarnelTitleMeparimient of Requesting Sty Ste✓e— Kf'te,4ty- 645 AL4 �l✓F.•��,
x. Date of RNuest fe�2 j!:g a;e
3. Name of ContractQr!?CnTiir,ee— .51�-rd.� L.' dL s-t vc.zcs ,rs
4. Description ofw1�ork tobeger:orme,4 A)�4-0/aohv : a�i4&1/i rrar,e-(
5. Leng i of Contract is 5 WOO kJwa 4
6. T�}e of Inswz:,ce 1Vzi�er cr'�icdi.icatioz Ra;r_stec: i�; odo R� +ew'� lbw EQ�L�
C 14%M eLAtn5 wwraE PaeL 6 ! i�±-4 Cove dq
(a) r indts: !50IA e9 n a (c) Ccvcrage
c
7. Rcn for Re;uest for'Waive r cr ReductSe-c r i::jts .►�0.14,- i �e1� erg sue+
'fl'ey��tM'+/r.•► c:PCt• r1JI'�rY'�erQ�
-&G �.n4n4�w, 15�r�LL •.�- '1�L ( r��Q`^T t.1�l a s�t� eoe_ QIo of n
W-A $dr4y
8. Ive„LU-v LLe risks 10 L':e City if L•"..is .eai;est cii 1•'ail'Ei or mod Li cad ons zrant^d S%A+M s� LI'
l //�,7^f4s.'ffna ar U4.1I�.�n .VL d/Y r�•r �.•�r �I e4L& 001 C001Gl✓iIu-�S
'�o d a✓ ne c
\ r�
Depa-:mert I:;.aa gig,a •
(This section ro be cc.rplered br the Risk Manager)
Recce:�i..m:nd2tion:
Appreve Denv Risk.Man- ager'sSignar�eDate
(Phis section to be completed b,the CitvAt7Qrne7,)
Approve ✓ Dem, City Attornev's Signa;L!re
Sen.1-,ntn- Cc-- a p.c kS cot; re-11".7, __r:-a%Vacre;. t=Se;.cement Cc:�.--.i ee appr0N a's is re U r-
subr:-,it forte to City nnorrsey- Qe to be placed on tr,e agenda. Recornrne-idation: Approve Deny
City Council approN (is [is not] required for tijs vva-j er. If City Council approval is required, attach this form to the
RCA after consideratio the Settlement Com.,,iree. This insurance waiver [is] [is not] on City Council agenda.
jmpl��resautionlnsreq�5lt 1197
7
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: ACCEPT CONSULTANT FOR SLATER CHANNEL
PRELIMINARY DESIGN STUDY; CC-1089
COUNCIL MEETING DATE: April 5, 1999
RCA ATTACHMENTS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Attached
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
!EXPLANATION FOR-MISSING'.ATTACHMENTS..
REVIEWED
DED
:RETURNED FOR Administrative Staff ( } ( )
Assistant City Administrator (Initial) ( } ( )
City Administrator (Initial)
City Clerk ( }
EXPLANATION...FORRETU.RN;OF:ITEM
(Below Space For City Clerk's Use Only)
RCA Author: SEK