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HomeMy WebLinkAboutHunsaker & Associates, Inc. - 2021-04-05 $611/ 1/7)-4-6 C-ern AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNSAKER&ASSOCIATES, INC. FOR ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING, STORMWATER ENGINEERING AND CONSULTING SERVICES 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 HUNSAKER&ASSOCIATES, INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated April 5, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and Hunsaker& Associates, Inc. for On-Call Water Engineering, Wastewater Engineering, Stormwater Engineering and Consulting Services"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until April 4, 2025. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on N//D 1/ , 2023. 23-13673/322739 1 HUNSAKER& ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of d/`� California By: Q9L k l,A-j4.7 wO&D print name ITS: (circle one) Chairma, 'resident/'ice President Mayor 9?6kIlUdgeiJAND City Clerk By: *2116Iv% INITIATED AND APPROVED: print name ITS: (circle one) Secreta / 1.- Financial Officer/Asst. Secretary 4102011 Director of Public Works APPROVED AS RM: ity orney 23-13673/322739 2 HUNS&AS-01 MCCOWANA ACORO" DATE(MMIDDITYYY) • CERTIFICATE OF LIABILITY INSURANCE 12/16/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License#0E67768 wpm* Erica Wilson IOA insurance Services PHONE FAX 3638 Nobel Drive (NC,No,Est):(858)754-0063 50233 euc,No):(619)574-6288 Suite 410 mass,Erica.Wilson@ioausa.com San Diego,CA 92122 INSURERS)AFFORDING COVERAGE NAIL q INSURER A;RLI Insurance Company 13056 INSURED INSURER B: Hunsaker&Associates,Inc. INSURER C: Hunsaker&Associates Irvine,Inc. 3 Hughes INSURER D: Irvine,CA 92618 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO.WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF. POLICY EXP LIMITS LTR INSD INVD IMMIDDIYYYYi IMMIDDWYYYi COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE n OCCUR DAMAGE TO RENTED PREMISES Ma occurrence) S MED EXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ri jRef LOC PRODUCTS-COMP/OP AGO $ I OTHER: $ AUTOMOBILE LIABILITY (Ea aaccideen)INGLE LIMIT S ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOSRE�ONLY _ AUUTTOSSyyNEp BODILY INJURY(Per accident) $ AUTOS ONLY _AUTOS ONLY ( OaccitieYnt))AMAGE S UMBRELLA LIAR J OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVEanR/ gR ( N/A E.L.EACH ACCIDENT $ datory in NH)EXCLUDED? I E.L.,DISEASE-EA EMPLOYEE $ If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Prof Llab/Clms Made RDP0052306 10/1/2023 10/1/2024 Per Claim 2,000,000 A Ded.:$1OK Per Claim RDP0052306 10/1/2023 10/1/2024 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is re ulred) Re:On-Call Water Engineering,Wastewater Engineering,Stormwater Engineering&Professional Consulting ct s ED AS TO FORM Proof of Professional Liability Insurance 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium In accordance with the po ty:provisions. MICHAEL E.GATES. CITY ATTORNEY CITY OF HUNTINGTON BEACH. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I eon Beach —r'City of 2000 Main Street gton Beach,CA 92648 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Huntington Beach File A: 21-203 MEETING DATE: 4/5/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Water, Wastewater, and Stormwater Engineering Consulting Services with GHD, Inc., Hunsaker & Associates, Inc., Michael Baker International, Inc., and Tetra Tech, Inc. Statement of Issue: The Public Works Department requires professional civil engineering services on an on-call or as- needed basis to support staff for the design and construction of the capital improvement projects related to water, wastewater, and stormwater infrastructures. Financial Impact: The City's Fiscal Year 2020/21 Capital Improvement Program (CIP) Budget was adopted on June 29, 2020, and totals $24.5 million (All Funds) for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. The four recommended civil engineering contracts, each for a not-to-exceed amount of $1 0 million, are for a three-year term, and will be funded within each project's individual CIP budget as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $1,000.000 Professional Services Contract between the City of Huntington Beach and GHD, Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services. and, B) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional Services Contract between the City of Huntington Beach and Hunsaker&Associates Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting ervices; an , C) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional Services Contract between the City of Huntington Beach and Michael Baker International Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services; and, City o1 Huntington Beech Popp 1 or 3 Ported on 3131/2021 146 p ,ee W legista,*- File 0: 21-203 MEETING DATE: 4/5/2021 D) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services. 4 i te, .0� --k&fil_ Alternative Action(s): Do not authorize these on-call consulting contracts and direct staff accordingly. Budgeted Capital Improvement Projects could be delayed until new contracts are approved. Analysis: On November 6, 2020, the City advertised a Request for Qualifications (RFQ) for On-Call Engineering & Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eighteen (18) proposals were received for On-Call Water, Wastewater, and Stormwater Civil Engineering Design Services. In accordance with qualifications-based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Each firm stated their engineering category of expertise with their proposal. Proposals were then evaluated and ranked by a review board established by the Public Works Department. The ranking criteria included: • Clarity of Proposal • Firm Qualifications • Staff Qualifications & Experience • Understanding & Methodology • Local Vendor Preference • References The top four (4) firms were selected. Having four firms is beneficial for on-time delivery of the capital improvement program by • Streamlining procurement of professional services, • Addresses fluctuations in consultant availability, • Allows for varied specialized experience to support an array of CIP projects. The four (4) contracts recommended for City Council approval are for support staff for the design and construction of water, wastewater, and stormwater improvement projects. Historically, these services have been utilized to deliver projects of a specialized nature, and to enable delivery of a high level of CIPs, while leveraging a lower baseline staffing level Each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. The City's CIP is approximately $24.5 million in Fiscal Year 2020/21. Typical design and construction support costs for a consultant on a CIP project can vary between ten to twenty percent (10-20%) of city of Hunwgion arch Pape 2 or 9 Prkned on MUM 147 oo•u••by l•aalr" File #: 21-203 MEETING DATE: 4/5/2021 the total costs of the project. Therefore, it is practical to conservatively assume minimum annual consultant costs would be around $2 million across CIP projects, or approximately $6 million over the next three years. Some of the typical projects for water, wastewater, and stormwater on-call design services include: • Water main replacement • Sewer lift station reconstruction • Storm water pump station rehabilitation • Water reservoir rehabilitation • Water well rehabilitation Professional engineering services are typically required for water, wastewater, and stormwater related CIP projects. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of$4 million. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and GHD Inc., for On- Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services 2. Professional Services Contract between the City of Huntington Beach and Hunsaker & Associates Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services 3. Professional Services Contract between the City of Huntington Beach and Michael Baker International Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services 4. Professional Services Contract between the City of Huntington Beach and Tetra Tech Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services 5. Request for Qualifications 6. Proposal Rating Summary City of Huntington Beach Page 3 of 3 Printed on 3/312021 W p ,.d by Logistar"' PROI,E'SSIONAL SERVICES CONTRACT BETWEEN "THE CITY OF HUNIINGTON 131-ACI-I AND HUNSAKER & ASSOCIATES, INC. FOR ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING. STOWMWATER ENGINEERING AND CONSULTING SERVICES THIS r\GREEN1ENl' ("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 1-IUNSAKER & ASSOCIATE'S. INC.. a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call water engineering, wastewater engineering, stormwater engineering and consulting 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: I . SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Doug Staley who shall represent it and be its sole contact and agent in all consultations xvith CITY during the performance of this Agreement. Z. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of'this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on April. 5 , 2021 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are eenerally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein. CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 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 1113." 7. DISPOSITION OF PLANS. 6SIIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs. maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees tit. 8. HOLD 1-IARMLESS A. CONSULTANT hereby agrees to protect, defend. indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of'cvery nature or liability of any kind or nature) arising out of or in connection with CONS ULTANT's (or CONSULTANT's subcontractors. if any) ncgligent (or alleged negligent) performance of this .Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT. its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of' CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. Q. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8. then the following Hold Harmless provision applies in place of'Subsection A above. "CONSULTANT hereby agrees to protect, defend. indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers. from and against anw 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) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness. or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONS ULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of' defense costs due to bankruptcy or dissolution of the business. CONSULTA NT shall meet and confer with CITY and other defendants regarding unpaid delcnse costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The police limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCL CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One N illion Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). E. 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 anv reason. CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or rel'uses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall Furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement: the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force: and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hcreinabove 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 an%,. 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 CONS ULTANf's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. Iran assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfv 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 O1=1-ICIAI-S 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 I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT`. City of Huntington Beach Hunsaker R Associates, Inc. AT NI : Andy Ferriano Attn: Doug Staley 2000 Main Street 3 Hughes Huntington Beach, CA 92648 Irvine, Ca 92618 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 ofany 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 tnerely descriptive and are included solely for convenience of reference only and are not representative of'matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable. void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute. law, ordinance or regulation contrary to which the parties have no right to contract, then the fatter 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 part\ who has signed it. 22. 1\9\91GRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. I -GAL SLRVICES 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 Ciq, 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 PEGS 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 tees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be govemed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fulh for any injuries or damages to CITY in the event that such authority or power is not. in fact, held by the signatory or is withdrawn. 28. f.?NTIRELTY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party s behalf. which are not embodied in this Agreement. and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty. fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of HUNSAKER & ASSOCIATES. INC. California By: U Ot Mayor print name / ITS: (circle ow)Chairtn residrn ice President AND City Clerk qTWT& Bv. INITIATE ND APP D. '�.� �� print name 2K J el"I" Li ITS: (circle one)Secrctary/Chief Financial Officer/Asst. it for tC Works Secretary-Treasurer VIE VDAND PRO D: City Manager APPROVED AS TO FORM: �I� - City-City Attorney4 EXH11311 "A" A. STATEMENT OF WORK: (Narrative of work to be performed) In general, the Consultant shall perform consulting services on an "on-call" basis for projects assigned by the City. If the Consultant does not have the ability to self' perform all aspects of the scope of services. then the Consultant shall subcontract for those services. The scope of work for any one project may involve all phases of project development and may include but is not limited to the following: A. Water Potable Water Pipeline Engineering Consultant shall provide experienced personnel, equipment. and facilities to perform the following tasks. • Preparation of plans, specifications and estimates (PS&E) packages for water pipeline design or other related water improvements. • Establish pipeline size requirements and limits with City staff. Submit hydraulic calculations signed and stamped by the engineer. • Soil corrosion potential analysis and cathodic protection system requirements. • Develop typical cross-sections detailing horizontal and vertical locations of the proposed pipeline alignment: include limits of ROW (existing and future), State Water Resources Control Board (SWRCB) division of drinking water and other separation requirements, pavement limits, surface improvements, traflic striping. travel lane limits, existing and other proposed utilities, existing and proposed casements, etc. • Develop and execute potholing plan specific to the project. • Select pipe material. class or thickness, linings and coatings, joint design, thrust restraint, bedding and compaction requirements, etc. • Detennine location, type and sizing of blow offs, air valves, isolations valves and other appurtenances. • Provide construction support services. • Provide Development Review Water Plan Check Services. • Provide record drawings. Potable Water (Production) Wells Reservoirs and Pressure Regulating Facilities Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Preparation of PSRE packages for water production infrastructure including but not limited to wells, reservoirs, pressure control stations. turnouts and metering. • Establish facility sizing requirements and limits with City staff. Submit hydraulic calculations including system curve development, pump selection, pipe and appurtenance sizing, reservoir floor and high water elevations (etc.), and transient evaluation signed and stamped by the engineer. Surfnet Exhibit A • Preliminary Design Report. Prepare a preliminary design report (P D R) which includes all of the design assumptions, materials and evaluation o1 alternatives for the project in a cost ctlective manner. During the PDR development, the Consultant shall keep City informed of' the basic design decisions as they are made and shall seek the City's input. The Consultant shall document all decisions in the report. • Provide survey. structural, mechanical and architectural design services. • Provide electrical, control and SCADA design services. • Perform preliminary siting, grading and alignment evaluations and recommend preferred sites and alignment(s). • Provide environmental and other regulatory permitting requirements. • Develop site plans, yard piping plans and sections, building layouts, mechanical plans and sections, tank plans and orientation drawings. • Provide constnuction support services. • Provide record drawings Potable Water Master Plan Update and Water Financial Plan Update Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Preparation of water master plan • Preparation of'water master plan financial plan update. B. Wastewater (Sanitary Sewer)_ Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Preparation of' PS&E packages for wastewater system infrastructure including but not limited to pipelines, lift stations, force mains, hydraulic calculations, mechanical, electrical and control, structural, etc. for review and comment to the City or other related improvements. • "fhe City plans on replacing one wastewater lift station per year, so an emphasis on this type of project experience is recommended. • Establish pipeline size requirements and limits with City staff. • Conduct preliminary alignment evaluations and recommend preferred alignment(s). • Conduct site and field investigations to verify locations of existing and proposed facilities. • Provide utility and agency coordination. • Develop and execute potholing plan specific to the project. • Select pipe material, class or thickness, linings and coatings. joint design, bedding and compaction requirements, etc. • Determine location, type and sizing of manholes. • Develop project specific details and specifications for all points of connection including materials, transitions, phasing, and/or bypass requirements. • Provide construction support services. SUritlet E.xhibii A • Provide record drawings. Wastewater Master Plan Update Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Preparation of wastewater master plan update C. Stormwater. Consultant shall provide experienced personnel, equipment. and facilities to perform the followine tasks. • Preparation of PS&E packages for stormwater system infrastructure including but not limited to pipelines, pump stations. force mains, hydraulic calculations, mechanical, electrical and control, structural, etc. for review and comment to the City or other related improvements. B. CONSULTANT'S DUTIES AND RESPON SIB ILITIF..S: I. Respond to a request for a task order for a project as defined by the City. Provide a time and materials cost proposal to the City to complete the task order. The time and material quote shall be based upon the Payment Schedule provided within Exhibit B. 2. Provide experienced personnel, equipment, and facilities to complete the task orders in accordance with the time and material cost proposal. C. CITY'S DUTIES AND RESPONSIBILITIES: l. Furnish a task order or scope of work request and provide general direction as needed for each project assigned. 2. Furnish available record drawings of existing facilities within the City's jurisdiction. 3. Furnish templates of construction plans and specifications acceptable to the City. D. WORK PROGRAM/PROJECT SCHEDULE': As this is an on call and as needed professional service contract. there is no defined schedule. Surfnet Exhibit A L � aiT qWOn-Call Water Engieeenng,Wastewater Engineering,Stormwater Engineering and Professional Consulting Services SCHEDULE OF RATES Office Staff Schedule 711/20-6/30/21 Adjusted Rates Present Rates for this Contract (to hold for 3 years) Principal .....................................$196/Hour $196/hour Technical Office Staff ............... $150/Hour $150/hour Prevailing Wage-Union Schedule Field Survey One-Person Crew .$2101Hour $223/Hour Field Survey Two-Person Crew .$268/Hour $284/Hour Field Survey 3-Person Crew .....$328/Hour $348/Hour The above rates are for all professional staff and will be valid for the 3-year contract as noted above. We do not bill for secretarial or other office support personnel. We also do not bill for computer time and minor copying. I t should be noted that our fee does not include the cost of reproductions,computer plotting or deliveries.Outside services will be invoiced directly to you through your suppliers or at cost plus 10% when invoiced through Hunsaker 8 Associates Irvine, Inc. All travel lodging, meals, onsite transportation, auto, or truck rental and fuel costs are reimbursable to H&A at cost plus 10% in addition to the stated fees. Invoicing will be on a monthly basis and payable within 30 days after receipt of our invoice. Should payment not be received within thirty (30) days, a one and one-half percent (1'/2%) per month late fee will be charged on any unpaid balance. The rates for this contract are subject to an increase on at the end of the 3-year contract period. NUNSAM■6 MSUCIAM IIM NE.INC HUNS&AS-01 ACORo CERTIFICATE OF LIABILITY INSURANCE �A 120/2021 v2anozl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the forma and conditions of the policy,certain policies may require an andarsoment. A statement on this certificate does not confor rights to the certificate holder in lieu of such ondorsoment s. PRODUCER License a OE67768 cIOAwI ACT Erica Wilson N 437 Insurance Services PHONE I IAC.NR.E.q_(858)7542063 50233 I jirc,rml:(619)574-6288 Suit La Jolla Village Drive o Suite 600 .PFooPkss'Erica.Witson@ioausa.com San Diego,CA 92122 RISURER(S)AFFORDING COVERAGE NAIL e INSURER A:RLI insurance Company 113056 INSURED INSURER B: Hunsaker&Associates,Inc. INSURER C: Hunsaker&Associates Irvine,Inc. INSURER 0 3 Hughes Irvine,CA 92618 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LVSRI Lrie TYPE OF INSURANCE ADajSUB0. peLIOY NUMBER POLICY EFF POLICY ETP LIMITS COMMERCIAL GENERAL DAWUTY I EACH OCCURRENCE S DAMAGE TO RENTEC CLAMS�AnE OCCUR NED SAP olr�u�_mce!_ s MED E%P tarn ara amsm)_ S —I I GENFRT A A AGGREGATE s GEIrt AGGREGATE pL�LPMpn. APPLIES PER: ;--�I POLICY O JECi f L LOC PRg0&TS COMPOP xp S - 1 TyER f 41JTON011l LIANUTY A8INE0 SINGLE UNIT S ANP AUTO 3MLY INJ RY Lpe XOn I S RUTOS ONL'r AUTOS BODILY BODILY INJURY(Pw Pa3den11 f IR�p Nwr ,M,Ee IPPR RTNOAMAGE AUT(JS ONLY AUU�T aNL - 11 �I~ is I UMBRELLA UAB IOC CLAUR I EACH OCCURRENCE S LI EXCESSUAB I IMS IAOE AGGREGATE I S I CEO I RETENTION I I I VORKERS COMPENSATION PER AND EMPLOYERS'LIABTUTY YIN SIa1V1 ppANFY PR OPRIETTgDpRAPARTNERAXECUTIVE NIA E.L.EACH ACCIpENi IE (NFnEimryln NHj EnCLUOEOi f I E L.DISEASE-EA EMPLOYEd S It y ae'h IFNa DESGRIPTI N OF CalRAl NS OYow E.L. 4 E- IMIT IS A Professional Llab. RDP0040971 10/1/2020 10/1/2021 lPer Claim 2,000,000 A Ded.:$10K Par Claim 1RDP0040971 10/1/2020 101112021 Aggregate 4,000,000 ROVE AS TO FORM DESCRWnON OF OPERATIONS I LOCAnw1S I VEHICLES ACORD 101.Adaalarul Ramaha Scheaula,may Ee anichad V more Apace R reeulmdl Re:On-Call Water Engineering,Wastewater Engineering,Stormwaler Engineering&Professional Consulting Services Proof of Professional Liability Insurance T+Y ^--MICHAGL E. GATES 30 Days Notice of Cancellation with 10 Days Notice for Non-Paymont of Premium in accordance with the policy provisions. 9` :ITY ATTORNEY CITY IJF HLIINTJNGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTNORDED REPRESENTATIVE City of Huntington Beach Jl � 11 I 2000 Main Street vl r dLaYT unlington 8oaCb_C" ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH Public Works Department Saan Crumt.y. PE. - -J Dir,-ctor of Public Works Summary of Award for Professional Services Contracts for On-Call Water Engineering, Wastewater Engineering and Stormwater Engineering and Consulting Services. The request for proposal was advertised on Planet Bids on 11/06/2020. Approximately one thousand bidders were notified (refer to the attached bid summary from Planet Bids). The following eighteen firms submitted statements of qualification in response to request for proposal. Atkins North America, INc. Cannon Corporation Civiltec Engineering, Inc. Dahl,Taylor and Associates, Inc. DRP Engineering, Inc. Geosyntec Consultants GHD Inc. Huitt-Zollars, Inc. Hunsaker& Associates Irvine, Inc. kleinfelder inc. LEE & RO, Inc. Michael Baker International, Inc. NV5, Inc. Pacific Advanced Civil Engineering, Inc. Project Partners, Inc. Richard Brady&Associates SA Associates Tetra Tech The selection of the Professional Services Contracts for On-Call Water Engineering, Wastewater Engineering and Stormwater Engineering and Consulting Services was in compliance with the Huntington Beach Municipal Code Section 3.03.04 Selection Guidelines. 2000 \lain Street, California 92648 • Phone 1-14-536-5431 • wivtr.huntingtunbeachca.gov Bid Detail Project Title RFO On-Call"later,Wastewater and Slormwater Engineering Consulting Services Invitation 0 2020-1215 Bid Posting Date it 10612020 11:55 AM(PDT) Project Stage Closed Bid Due Date 12/15/2020 4:00 PM(PDT) Response Format Electronic only Link to Project on tuipli/rpbsystem planelbws comrporInP 15340,tai bW-(!e!,uV7g0A5 Public Site Reference ID Project Type RFOual(Request for Oualiacalion) Response Types Cost File Proposal-excluding cost file(required) Type of Award Lump Sum Categories 91842-Engineering Consulting 91897-Utilities:Gas.Water,Electric Consulting 92500-Engineering Services.Professional License Requirements Restriction None Restricted To Department Finance Address 2000 Main Street Huntington Beach,California County Orange Bid Valid Liquidated Damages Target Bid Amount Estimated Bid Value SIarVDelivery Date April 2021 Project Duration 0 Years Prevailing Wage No Cooperative Bid No Piggybackable No eBid Notes Bid Bond Bid Bond 0.00% Payment Bond 0.00% Performance Bond 0.00% Pre-Bid Meeting Information Pre-Bid Meeting No Online Q&A Online 08A Yes 06A Deadline 11/20/2020 5:00 PM(PDT) Contact Information Contact Into Glynis Uwe,-714-536.5506 glynis.ldvak r@sudaty-hb.org Bids to Uvner's Agent Description Scope of Services The City of Huntington Beach is seeking qualifications from Water.Wastewater and Stormweter Engineering firms.Prevailing firms will provide on call consulting services for projects to be determined during the term of the conaucl.The City will issue task orders for each project based on scope,qualifications,work schedule and fee.For task orders greater than 550.000 the Cily will typically solicit proposals for 2 or more qualified consultants. Other Details Notes Special Notices Local Programs S Policies Documents File Title File Name Status RFO Documents-Engineering Consultants Huntington Beach RFO On-Call Waler Sewer_Final.pdf On Server Download Cost 50.00 Vendor Notification BidBroadcast 250 external vendors notified Notifications Agency Notifications 757 City of Huntington Beach vendors notified 11i06t202011:55 AM(PDT) 711 vendors notified Vendors CAL PACIFIC LAND SERVICES.INC.(101182) Hunsaker&Associates Irvine.Inc.(101185) Guida Surmying Inc.(10121(3) Cannon Corporation(101217) Coast Surveying. Inc.(101226) CalRecovery.Inc,(101228) Geocon West,Inc.(101231) Michael Baker International,Inc.(101237) Pfeifer and Associates Engineers,Inc(101248) California Property Specialists.Inc.(101250) Fuscoe Engineering. Inc.(101260) Jacobs Associates(101263) Psonlas(101266) URBAN RESOURCE(101279) GeoMat Testing Laboratories.Inc.(101307) GCM Consulting.Inc.(101335) SB&O. Inc.(101362) BIAS Communications inc(101384) Slantec Consulting Services Inc(101440) RRM Design Group(101465) PaLRirn Engineering(101603) Converse Consultants(101642) Myers Houghton&Partners.Inc.(101860) Stantec Consulting Services Inc.(101865) David Taussig&Associates(1019601 AESCO.Inc.(102090) IDS Group,Inc.(102274) Stantec Consulting Services. Inc(102288) Albus-Keefe&Associates.Inc.(102452) ENGlobai(102698) Christiansen Pipeline.Inc.(111901) Ninvo&Moore(124895) The Reynolds Group(125195) CAB Engineers,Inc.(127450) Autbau Corp.(131147) LSA Associates.Inc.(131391) OKS Associates(131404) The Wild Horse Group(131455) FPL&Associates.Inc.f 131564) UltraSyslems Environmental(DBE/WBE/SBE(131609) Sam Schwarz Engineering 0411171 Outsell Consulting LLC(141130) Professional Service Industries t141133) Sequoia Consultants(148176) Lewellyn Technology(155508) xyon Business Solutions.Inc.t155691) Environmental Systems Research Institute.Inc(155767) Llonakis(15454171 CSG Consultants,Inc.(160448) CES Group(177596) AndersonPenna Partners.Inc.(178015) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ «1tiiv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 9, 2021 Hunsaker & Associates, Inc. Attn: Doug Staley 3 Hughes Irvine, CA 92618 Dear Mr. Staley: Enclosed is a copy of the 'Professional Services Contract between the City of Huntington Beach and Hunsaker & Associates, Inc. for On-Call Water Engineering, Wastewater Engineering, Stormwater Engineering and Consulting Services" approved by the Huntington Beach City Council on April 5, 2021. Sincerely, C/4 t T� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand y i REQUEST FOR QUALIFICATIONS FOR ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING, STORNIMATER ENGINEERING & PROFESSIONAL CONSULTING SERVICES Public Works Department CITY OF HUiNTINGTON BEACH Released on November 6, 2020 268 ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING, STORNIWATER ENGINEERING & PROFESSIONAL CONSULTING SERVICES REQUEST FOR QUALIFICATIONS (RFQ) 1. BACKGROUND The City of Huntington Beach ("City') Public Works Department is seeking experienced Consultant (inns to assist the City's staff in the following service category: Water, Wastwater and Stormwater Engineering Exhibit A: Pre-Qualification Form which must be completed and included in the proposal. Teaming is allowed. Qualified (inns shall provide consulting services on an "on-calf' basis for projects to be determined during the term of the contract. The contract will be for a minimum 3-year term. The City will issue task orders for each project based upon the scope of services: qualifications, work schedule, and reasonableness of the fee. For task orders greater than S50,000 City will typically solicit proposals from 2 or more qualified consultants. 2. SCHEDULE OF EVENTS This request for qualifications will be governed by the following estimated schedule: Release of RFQ November 6, 2020 Deadline for Written Questions November 20, 2020 Responses to Questions Posted on Web November 24, 2020 Qualifications are Due December 15, 2020 by 4:00pm Interviews. if Necessary January 18, 2020 Proposal Evaluation Completed and Notification January 25, 2020 Approval of Contract April, 2020 3. SCOPE OF WORK Bl' SERVICE CATEGORY In general, the Consultant shall perform consulting services on an "on-call'basis for projects assigned by the City. If the Consultant does not have the ability to self-perform all aspects of the scope of services, then the Consultant shall subcontract for those services. The scope of work for any one project may involve all phases of project development and may include but is not limited to the following: 269 A. Water Potable Water Pipeline Engineering Consultant shall provide experienced personnel, equipment, and facilities to perform the followine tasks. • Preparation of plans, specifications and estimates (PS&E) packages for water pipeline design or other related water improvements. • Establish pipeline size requirements and limits with City staff. Submit hydraulic calculations signed and stamped by the engineer. • Soil corrosion potential analysis and cathodic protection system requirements. • Develop typical cross-sections detailing horizontal and vertical locations of the proposed pipeline alignment; include limits of ROW (existing and future), State Water Resources Control Board (SWRCB) division of drinking water and other separation requirements, pavement limits, surface improvements, traffic striping, travel lane limits, existing and other proposed utilities, existing and proposed easements, etc. • Develop and execute potholing plan specific to the project. • Select pipe material. class or thickness, linings and coatings, joint design, thrust restraint, bedding and compaction requirements, etc. • Detenmine location, type and sizing of blow offs, air valves. isolations valves and other appurtenances. • Provide constriction support services. • Provide Development Review Water Plan Check Services. • Provide record drawings. Potable Water (Production). Wells. Reservoirs, and Pressure Regulating Facilities Consultant shall provide experienced personnel, equipment, and facilities to perform the following- tasks. • Preparation of PS&L- packages for water production infrastructure including but not limited to wells, reservoirs, pressure control stations, turnouts and metering. • Establish facility sizing requirements and limits with City staff. Submit hydraulic calculations including system curve development, pump selection, pipe and appurtenance sizing, reservoir floor and high water elevations (etc.). and transient evaluation signed and stamped by the engineer. • Preliminary Design Report. Prepare a preliminary design report (P DR) which includes all of the design assumptions, materials and evaluation of alternatives for the project in a cost effective manner. During the PDR development, the Consultant shall keep City informed of the basic design decisions as they are made and shall seek the City's input. The Consultant shall document all decisions in the report. • Provide survey, structural, mechanical and architectural design services. • Provide electrical, control and SCADA design services. • Perform preliminary siting, grading and alignment evaluations and recommend preferred sites and alignment(s). • Provide environmental and other regulatory permitting requirements. • Develop site plans, yard piping plans and sections, building layouts, mechanical plans and sections, tank plans and orientation drawings. 270 • Provide constriction support services. • Provide record drawings Potable Water blaster Plan Update and Water Financial Plan Update Consultant shall provide experienced personnel, equipment, and facilities to perforn the following tasks. • Preparation of water master plan • Preparation of water master plan financial plan update B. Wastewater (Sanitary Sewer): Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Preparation of PS&E packages for wastewater system infrastructure including but not limited to pipelines, lift stations. force mains, hydraulic calculations, mechanical, electrical and control, structural, etc. for review and comment to the City or other related improvements. • The City plans on replacing one wastewater lift station per year, so an emphasis on this type of project experience is recommended. • Establish pipeline size requirements and limits with City staff. • Conduct preliminary alignment evaluations and recommend preferred alignment(s). • Conduct site and field investigations to verify locations of existing and proposed facilities. • Provide utility and agency coordination. • Develop and execute potholing plan specific to the project. • Select pipe material, class or thickness, linings and coatings,joint design, bedding and compaction requirements, etc. • Detennine location, type and sizing of manholes. • Develop project specific details and specifications for all points of connection including materials, transitions, phasing, and/or bypass requirements. • Provide construction support services. • Provide record drawings. Wastewater blaster Plan Update Consultant shall provide experienced personnel, equipment, and facilities to perforni the following tasks. • Preparation of wastewater master plan update C. Stormwater: Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Preparation of PS&E packages for stormwater system infrastructure including but not limited to pipelines, pump stations, force mains; hydraulic calculations, 271 mechanical, electrical and control, structural, etc. for review and comment to the City or other related improvements. d. CITY' RESPONSIBILITIES • Furnish a task order or scope of work request and provide general direction as needed for each project assigned. • Furnish available record drawings of existing facilities .within the City's jurisdiction. • Furnish templates of construction plans and specifications acceptable to the City. 5. PROPOSAL FORMAT GUIDELINES interested Consultants are to provide the City with a thorough proposal using the following guidelines: • Proposal shall be typed, concise, highly recommended to be no more than 15 pages of information, and no more pages than indicated in the following sections, excluding the index/Table of Contents, tables, charts, forms, and graphic exhibits. Resumes of key personnel are not counted toward the page limitation if inserted at the end of the proposal. • 12-point font size and 1.5 point line spacing is required for typed portions of the letters and proposal sections except smaller fonts are allowed for tables, charts, and exhibits. The inclusion of i I" by 17" sheets are allowed if folded to fit the proposal. • Consultants are required to complete Exhibit A: Pre-Qualification Form and included in the proposal. Teaming is allowed. Each proposal will adhere to the following order and content of sections (A-D). Proposals must be straightforward, concise, and provide "layman" explanations of technical tens that are used. Emphasis must be concentrated on conforming to the RFQ instructions, responding to the RFQ requirements. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following proposal sections are to be included in the Consultant's response: A. Cower Letter (2 pages max.) A cower letter must summarize key elements of the proposal. An individual authorized to bind the Consultant must sign the letter. The cover letter must include the address and telephone number of the Consultants' Project Managers' office located nearest to Huntington Beach that will provide the project deliverables directly to the City. B. Vendor Application Form Complete Appendix A, "Request for Qualifications-Vendor Application Form"and include this behind the cover letter. (Vendor Application Form will not be counted toward the page count.) C. Pre-Qualification Form (Exhibit A) the following Pre-Qualification Form must be included in the Consultants proposal, behind the Vendor Application Form (See Appendix A). On Exhibit A: Pre-Qualification Fonn, Consultant must indicate if they are willing, or unwilling, or unable to execute the Agreement as drafted (See Appendix B) as well as providing the insurance requirements (See Appendix C). (Pre-Qualification Form will not be counted toward the page count.) 272 EXHIBIT A: PRE-QUALIFICATION FORDS ON-GALL WATER ENGINEERING & PROFESSIONAL CONSULTING SERVICES ,SERVICE CATEGQRY PROPOSING�:YIN" . circle A. Water, Wastewater, and Stormwater yes /No Engineering (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B). (Initial) Consultant is able to provide the insurance as required (See Appendix C). Finn Name: Firm Address: Signature: Date: 273 D. Service Category Firm Qualifications This section should be organized by service category. The infornation requested in this section must describe the qualifications of the Finn and key staff perfonning projects preferably within the past seven (7) years in Orange County/Los Angeles County to demonstrate competence to perform these services. Information shall include: 1) Summarize the firm's demonstrated capabilities; including length of tithe that your fir i has provided the services being requested in this Request for Qualifications. 2) The key personnel that have participated on named projects and their specific responsibilities and years of experience with respect to this scope of work. 3) Provide at least three separate preferably Orange County/Los Angeles County public agency references that have received similar services from your firm. The City reserves the right to contact any of the organizations or individuals listed. Information provided shall include: • Name of Project, preferably Orange County/Los Angeles County Public Agency, Agency Primary Contact, email and telephone number • Brief Project description (i.e. miles of street rehabilitation, constriction cost, etc.) • Project Manger on the project who also is the PM on the Proposal and Key Personnel • Start/Finish (Months eC years) 4) Provide a brief synopsis of the proposal summarizing the firm's unique qualities and the overall benefit of the proposal for the City and your understanding of the scope of services. 5) Resumes (do not count towards page limit but recommend be limited to 15 pages) Staffinia Provide an organization char which lists all key individual(s) who will be working on projects and indicate the functions that each will perform. The organization chart shall include the proposed Project Manager which will be the single point of contact for the Consultant for this service category. Include resumes for all key individuals as indicated in section 5) above, along with copies of any pertinent certifications. Upon award and during the contract period, if the Consultant chooses to assign different personnel to the project. the Consultant must submit their names and qualifications including information listed above to the City for approval before they begin work. Understanding & Methodology Section This section trust describe your understanding of the City, the objectives to be accomplished, innovative approaches, and solutions to similar projects that would be undertaken by the City, and detailed descriptions of efforts your firm will undertake to achieve client satisfaction. Refer to Scope of Work of this RI-Q. For similar projects the City's 2020/21 CIP can be viewed at; http //www Iiuntin2tonbeachca eov/Lo\,entment/deparments/public works/capitalprojects/ E. Cost Proposal/Rate Sheet (Separate Sealed Envelope) 274 In an effort to save time, interested proposers shall concurrently submit a detailed cost proposal for all services and materials anticipated to complete the work; and/or professional service rate sheet in a separate envelope. Cost proposals are to be uploaded under the Cost File in PlanetBids 6. PROCESS FOR SUBIMITTING QUALIFICATIONS Interested firms are to provide the City with a thorough qualifications package using the following instructions: a. Download RFQ Via the PlanetBids.com web site for the City as shown below, you will register and download the RI-Q. https:/h«vw.planetbids.conn/portal/portal.c fun?ConnpanvI D=15340 b. Submission of Qualifications Package Complete written proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m. (P.S.T) on December 15, 2020. Proposals will not be accepted after this deadline. Standard mail, faxed or e-mailed proposals will not be accepted. Proposals shall be prepared with sufficient details to allow for thorough evaluation and comparative analysis. Qualifications will not be accepted after this deadline. Faxed or e- mailed submissions will not be accepted. c. Inquires Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 5:00 p.nn. (PST) November 20, 2020 for response. 7. EVALUATION CRITERIA The City's evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The ranking will consist of the basic proposal for clarity and following all directions. Additionally, points will be awarded for Qualifications, Understanding and Methodology, and Staffing in each category. The Consultants in the top ranking will have References Checked, Local Preference Check, and an Interview, if necessary. A. Proposal Clarity - Use of terns and explanation throughout are understandable. (10 points) B. Firm Qualifications - Experience of the firm, experience with projects of similar scope, complexity, and magnitude for preferably other Orange County/Los Angeles County public agencies. (25 points) C. Staffing - Experience of the project manager and other key individuals assigned to the project. Educational background, work experience, and directly related consulting experiences. (25 points). 275 D. Understanding Rr Methodology - Firm has an understanding of the work to be done, successful implementation and shows effort in completing projects efficiently and accurately. (1 5 points) A ranking will be performed with the subtotal score for each category (75 points max) and only the top contenders will be considered further. E. Reference Check (10 points) The City may also contact and evaluate the Consultant's and sub- consultant's references; contact any Consultant to clarify any response; contact any current users of a Consultant's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. F. Interview (15 points). After written proposals have been reviewed, discussions with prospective finns may or may not be required. If scheduled, the oral interview or video/voice conference interview, at the City's discretion, will be a question/answer format for clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, must be present at the oral interview or video/voice conference interview. G. Local Preference Check (5 bonus points). The Consultant will earn 5 bonus points for having an office located in the city and a valid City Business License issued a minimum of 6 months prior to the RFQ release date.. ham:/hvm�m.huntin2totibeachca.2o\,/files/users/finance/business-license-auplication.pdf H. A Notification of Intent to Award may be sent to the Consultant selected. Award is contineent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. if contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring Consultant or withdraw the RFQ. 8. GENERAL REQUIRENIENTS Insurance Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful consultant must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C. The consultant is encouraged to contact its insurance carriers during the qualifications submittal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. Standard Form of Agreement The consultant will enter into an agreenment with the City based upon the contents of the RFQ and the consultant's response. The City's standard form of agreement is included as Appendix B. The consultant shall carefully review the agreement,especially the indemnity and insurance provisions, as the standard form of agreement will not be changed, and must be accepted as is. Assuming the consultant is agreeable with no exceptions, a statement to that effect shall be included in the qualifications submittal. 275 Disclaimer This RFQ does not commit the City to either issue a RFP, award a contract, or to pay any costs incurred in the preparation of the RFQ response. The City reserves the right to extend the due date for the RFQ, accept or reject any or all qualifications submittals received as a result ofthis request, negotiate with any qualified consultant or cancel this RFQ in part or in its entirety without penalty. Assigned Representatives The City will assign a responsible representative to administer the contract and to assist the consultant in obtaining information. The consultant shall also assign a responsible representative (project manager) and an alternate, who shall be identified in the RFQ response. The consultant's representative will remain in responsible charge of the consultant's duties from the notice-to- proceed through project completion. Ifthe consultant's primary representative should be unable to continue with the project. then the alternate representative identified in the RFQ response shall become the project manager. Any substitution of'representatives or sub-consultants identified in the RFQ response shall first be approved in writing by the City's representative. The City reserves the right to review and approve/disapprove all key staff and sub-consultant substitution or removal, and may consider such changes not approved to be a breach of contract. 277 ATTACHMENT A Request for Qualifications-Vendor Application Form 278 REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and "Lip Code: E-Mail Address: Phone: Fax: Contact Person for Proposals: Title: E-Mail Address: Business Telephone: Business Fax: Is your business: (check one) ❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I oft 279 Names & Titles of Corporate Board Members (Also list Names & "fides of persons with written authorization/resolution to sign contracts) Names Title Phone Federal Tax Identification Number: City of Huntington Beach Business License Number: (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 2 of 2 280 ATTACHMENT B Sample City Agreement 281 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON 13EACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach \Municipal Code; Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NO\1/, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this .Agreement. 3. TERIK Tfy1E OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 20_ (the "Commencement Date"). This Agreement agred surfnedprofessianal Svcs mayor I of 11 5/19-203052 282 shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Dollars (S ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or aged surf et/professional Svcs mayor 2 of 11 5/19-204082 283 termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments. demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and 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) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. hi no event shall the cost to defend charged agree/surfnet/professional sses mayor J of 11 5/19-204052 284 to CONSULTANT exceed CONSULfANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONS ULTANf's professional liability in an amount not less than One Million Dollars (SI,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of "fen Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might eive rise to future claims. aged surf ct/professional secs mayor 4 o f I I 51 9-204082 285 CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CIIY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE, Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of'cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoine insurance coveraue in force until the work under this Agreement is fully completed and accepted by CITY. agree/surmu/professional s%cs mayor J of 11 5/19-204082 286 The requirement for carrying the foregoing insurance coverage shall not derogate from CONSUL['ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of' the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERA9INATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION "['his 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 agrcd surfnet/professional secs mayor 6 of I I 5/19-204052 287 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 ENIPLOYEL-S AND O1-FICIALS CONSULT,zINT 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. t6. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overniglit carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSUL PANT: City of Huntington Beach AT-l-I: 2000 Main Street Huntington Beach, CA 92648 aged swfneUpmfasional s•es mayor 7 of 11 5/19-204082 288 17. CONSENT When CITY's consem/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consenUapproval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret; define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 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 aged surfnedprofessional svcs mayor 8 of 11 5/19-204082 289 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. IMiMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACfING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of an), subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach/ City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnedprofessional Svcs mayor 9 of 11 5/19-204082 290 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hercinbelow has the power; authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that partys behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. aged surfnedprofessional secs mayor 10 of 11 5119-204082 291 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTOiN BEACH, a municipal corporation of the State of COMPANY N.kME California i`,Iayor By: print name City Clerk ITS: (circle one) Chairman/PresidenUV ice President INITIATED AND APPROVED: AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney agree/surf cUprofessional secs mayor I I of 11 5/19-204082 292 EXHIBIT "A" A. STATENIENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAi%,I/PROJEC'I' SCHEDULE: EXHLBIT A 293 E\I-Il13rr "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the fallowing hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthl in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perfonn that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement: and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice. if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. I Exhibit B 294 S. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 295 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. 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 identif},specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. d. 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 patties conceming payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 296 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUi lTiNGTON BEACH AND FOR Table of Contents IScope of Services.....................................................................................................1 2 Croy Staff Assistance................................................................................................2 3 Tenn; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Nlethod of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 CopyTights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 ISModification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney s Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law ....................................................................................... ...............10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date................................................................................. 1 l 297 ATTACHMENT C City's Insurance Requirements 298 CITY or IIUNTINGTON BEACH INSURANCE, RGQUIRFNIFNTS IN'linimum Insurance Requirements Vendor 'rype Additional Automobile Professional Property Insured Liability General Liability Liability Insurance Workers' Comp Endorsements Huntington Beach Gri,Council Resolution No. 2008-63 requires,submittal of certificates of insurance evidencing the following minimunt lintits with a California admitted carrier with it current AM Best's Rating of no less than A:V11. See F_vhibity AI -4 far sample forme. Email:Juslin.IVesseltocurfiiry--hh.org or Heather.Cautpbell�a)vurfcity-hb.org Phone: 714-374-5378 or 714-530-5210. Fax: 714-530-5212. Aqp deductible other than those allowed in This malriv,self-insured retentions or similar fimus of coverage limitations or modifications uuusv be approved by Nue Risk dlauuger and Cip,Anorarr of Nre Citr of lluntinghru Reath- NOTE: Waivers and/or modifications are discouraged and will be considered on/p under eviraordinaq� circumstanees. Contractol-s: Any persons or entities who Minimum of Combined single limit As required by Include the contract with the City and/or provide services to $1,000,000 per bodily injury and the State of policy number the City which are readily available and occurrence for property damage. California, with and Additional efficiently procure(] by competitive bidding. bodily injury, Nlininuun of Statutory Lint its Insured personal injury 51,000,000 per and Employer's Endorsenten and property occurrence. Allows Liability Requirement Pet-na ion to Any persons or entities who make (damages. Allows up to $51000 Insurance with statement application to the City for any use of or up to $1,000 deductible. a limit of no below. (See Now encroachment upon any public street, waterway, deductible.(See (Additional insured less than 3 below.) pier, or City property. Note I below.) Endorsement is alwrws S1,000,000 per Veldol-J: Any persons or entities who transfers required with General accident (br property or goods to the City which may or may Liabiliq,Ins.) bodily injury or not involve delivery and/or installation. disease. (See Note 2 below.) Note I - Automobile Liability: The City of Iiumington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. Pemtitlees who do not use vehicles or equipment in connection with the permit shall not be required to provide auto insurance. To be exempt from this requirement, permittees most execute a declaration such as Exhibit I attached. Note 2 - Workers' Compensation Exemption: If entity has no employees, it signed Declaration ol'Non-Employee Status form is required. Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. 299 tin I115UTIMCC Matrix_mvised 4-7-16(2).x1sx I oft CITY OF IIUNTINGTON 13EACII INSURANCE III, QUIREMENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional Properly Insured Ll:lbihly General Liability Liability hlsumilce Workers' Comp Endorsements Huntington !teach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the.Jidlowing mtininuum tin its with a California admitted carrier with a current A.M. Best's Rotiug oJ'no less than A:VII.See Lvhibirs AI -d for sumpleJitnns. Email:Justin.lees.sebnsurfe.ity-hb.org or llcather.C'runpbella.crrrfciij,-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Any deductible otter that those allowed in this tnatriv,s'e!f-insured retentions or sintilur fornhs of coverage limitations or modifications must be approved by ate Risk Alanager attcl City Amorttev of the Cily of lfauington Reac/t. NOTE: Waivers atd/or modifications are discouraged atd will be considered onIl'under 2vlraordinarp circumstances. Design Professionals: Professional service blininnnn of contractors who contract with the City and/or b1,000,000 per provide architectural and/or engineering services occurrence and to the City. in the aggregate. Professional ofessional Services: Services that involve Allows up to the exercise of professional discretion and $10,000 independentjudgment based on an advanced or deductible. specialized knowledge, expertise or training gained by formal studies or experience or services which are not headily or efficiently procured by competitive bidding pursuant to I-IR Milli Code 3.02. Services includes bill are not limited to those services provided by appraisers, architects, attorneys, engineers, insu-uctors, insurance advisors, physicians and other specialized consultants. Claims made policies are acceptable if the policy further provides that: I)The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent politics purchased as renewals or replacements). 2)The professional services conuaclor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is tenrlinated for any reason, professional services- contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. 4)The reporting of circumstances or incidents that might give rise to future claims. 300 I1B Insurance Matrix—revised 4-7-16(2).xlsx 2 of 4 CITY Oh llUN'1'INGTON BEAC11 INSURANCE REQUIRE'AlEt TS Alinimum Insurance Requirements Vendor Type Additional Automobile 111ofessinnal Properly lust red Liability General Liability Liability Insurance Workers' Comp Endorsements Huntington Ifeach City Council Resolution No. 2008-63 requires submirmf of certificates of insurance evidencing the following mininuun limits with a Califimda aduitted carrier with a current A.M. Rests-Rating of no lea's than A:Vll. Sec Exhibits Al -4 fitr sample fonus. Ernuif:./us7in.11'eesclan surfi:i(1'-hh.org or lfeatuer.Cnnhphellusurfi:ilp-hhb.mg Phone: 714-374-5378ur714-530-5110. hax: 714-536-5211. Airy deductible other than those allowed in this nrairir,self-insured retentions or.sindfarforms of coverage limitations or modifications must be approved b-v the Risk Manager and City Anormev of the Citv of Huntington Beach. NOTE: 1 Faivers and/or tnodifrcations are discouraged and will be considered onlr under ectraordinan' circumstances. Licensees/Lessees: Any persons or entities Combined single limit hull As required by luClttde the who contract with the City for the use of public bodily injury and replacement the Slide of policy number property property damage. cost with no California, with and Additional Minimum of coinsurance Statutory Limits Insured $1,000,000 per penalty and Rmployer's Endorsement occurrence. Allows provision. Liability Requirement up to $5,000 Insurance with statement deductible. a limit olho below.(SeeNate (.4dditioad Insurance less than 2.) Endorsement is always $1,000,000 per required with General accident for Liability Ins.) bodily injury or disease. (See Note I below.) Note I - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required. Note 2 - Additional Insured Endorscntari Requirements: The City, its officers, elected or appointed officials, enytloyces, agents, :md volunteers arc to be covered as additional insureds by separate attached enclorsement(s) as respects liability arising out of action performed by or on behalf ofthe contactor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. 301 1113 Insurance Matrix-revised 4-7-16(2)..dsx 3 of 4 CITY OF HUNTiNNGTON BEACH INSURANCE REQUIREMENTS Huntington Reach Chy Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the ollowhW ntininu nt hmits with a California admitted carrier n•ith a current A.:V. Bests Rating of no less than A:Vll. Aix_v deductible other than those alloe•ed in this matrix,.self-insured reten Lions or similar formes of coverage limitations or modifications must be approved by rite Risk:llanager and Cin•Attorney of the GO,of llunrington Reach. :VOTE: Waivers and/or modifications are discouraged and will be considered only sunder extraordinan•circumstances. Vendor Type D'linimum Insurance Requirements Professional Liability Design Professionals: Professional service contractors who Minimum ofS1,000.000 per occurrence and in contract with the City and/or provide architectural and/or the aggregate. Allows up to S 10,000 deductible. engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to FIB Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Claims made policies are acceptable if the policy fiuther provides that: l)The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2)the professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2)years to report claims arising from work performed in connection with this agreement or permit. 4)The reporting of circumstances or incidents that might give rise to future claims. 302 HB Imumnee Matrix_revised 4-7-16(2).xlsx 4 of 4 Public Works Engineering On-call Water, Wastewater & Stormwater Engineering & Professional Consulting Svcs. Total Points AF TB LH Ave Scores Rank 10 Proposal Clarity Firm #1 8 9 8 8 25 6 Firm #2 8 9 7 8 24 7 Firm#3 4 9 5 6 18 10 Firm#4 7 8 7 7 22 9 Firm 45 10 10 10 10 30 1 Firm#6 10 9 10 10 29 2 Firm #7 7 9 7 8 23 8 Firm#8 9 9 7 8 25 6 Firm#9 8 10 9 9 27 4 Firm#10 5 9 8 7 22 9 Firm 411 10 7 9 9 26 5 Firm#12 7 10 8 8 25 6 Firm #13 8 9 9 9 26 5 Firm#14 8 10 8 9 26 5 Firm#15 8 10 6 8 24 7 Firm#16 9 9 9 9 27 4 Firm 917 9 9 9 9 27 4 Firm#18 9 9 10 9 28 3 Qualifications and experience of Firm,key individuals and 25 consultants consultants Firm#1 14 16 20 17 50 11 Firm#2 20 20 19 20 59 4 Firm#3 10 15 10 12 35 14 Firm#4 20 17 19 19 56 7 Firm#5 10 17 13 13 40 13 Firm#6 24 24 25 24 73 1 Firm#7 13 24 20 19 57 6 Firm#8 22 23 24 23 69 3 Firm #9 17 18 15 17 50 11 Firm#10 15 20 21 19 56 7 Firm#11 23 23 23 23 69 3 Firm 412 16 19 20 18 55 8 Firm#13 15 18 19 17 52 10 Firm #14 15 18 20 18 53 9 Firm #15 2 12 13 9 27 15 Firm 416 8 17 20 15 45 12 Firm#17 21 15 22 19 58 5 Firm#18 24 24 24 24 72 2 303 25 Staffing Firm #1 15 17 20 17 52 9 Firm #2 17 18 18 18 53 8 Firm#3 10 15 10 12 35 15 Firm 44 18 16 15 16 49 12 Firm 45 10 16 12 13 38 14 Firm 46 24 24 25 24 73 1 Firm#7 13 22 18 18 53 8 Firm #8 20 22 25 22 67 4 Firm #9 20 17 17 18 54 7 Firm #10 15 18 18 17 51 10 Firm #11 23 22 24 23 69 3 Firm 412 15 17 18 17 50 11 Firm#13 15 17 20 17 52 9 Firm#14 10 17 19 15 46 13 Firm #15 23 12 15 17 50 11 Firm#16 22 17 20 20 59 6 Firm 917 22 16 23 20 61 5 Firm 418 23 24 24 24 71 2 15 Understanding and Methodology Firm#1 12 14 12 13 38 6 Firm#2 13 14 13 13 40 4 Firm 93 10 10 5 8 25 10 Firm #4 10 14 13 12 37 7 Firm #5 12 15 7 11 34 9 Firm #6 14 15 14 14 43 1 Firm#7 14 14 13 14 41 3 Firm #8 13 15 14 14 42 2 Firm #9 12 14 12 13 38 6 Firm #10 12 14 12 13 38 6 Firm #11 13 14 14 14 41 3 Firm#12 12 15 12 13 39 5 Firm #13 15 15 11 14 41 3 Firm #14 12 14 11 12 37 7 Firm #15 1 10 9 7 20 11 Firm#16 13 14 13 13 40 4 Firm 417 12 10 13 12 35 8 Firm 418 14 15 14 14 43 1 Total Technical Proposal Scoring AF TB LH Ave Scores Rank Firm#1 49 56 60 55 165 11 Firm 92 58 61 57 59 176 6 Firm#3 34 49 30 38 113 16 Firm #4 55 55 54 55 164 12 Firm#5 42 58 42 47 142 14 Firm#6 72 72 74 73 218 1 Firm #7 47 69 58 SS 174 7 Firm#8 64 69 70 68 203 4 Firm #9 57 59 53 56 169 9 304 Firm#10 47 61 59 56 167 10 Firm 411 69 66 70 68 205 3 Firm 412 50 61 58 56 169 9 Firm 413 53 59 59 57 171 8 Firm 414 45 59 58 54 162 13 Firm#15 34 44 43 40 121 15 Firm#16 52 57 62 57 171 8 Firm #17 64 50 67 60 181 5 Firm #18 70 72 72 71 214 2 Total Total Scoring AF TB LH Ave Scores Rank Firm#1 49 56 60 55 165 12 Firm#2 58 61 57 59 176 6 Firm#3 34 49 30 38 113 16 Firm #4 55 55 54 55 164 13 Firm #S 42 58 42 47 142 14 Firm 46 72 72 74 73 218 1 Firm 47 47 69 58 58 174 7 Firm #8 64 69 70 68 203 4 Firm#9 57 59 S3 56 169 9 Firm#10 47 61 59 56 167 10 Firm 411 69 66 70 68 205 3 Firm 412 50 61 58 56 169 11 Firm#13 53 59 59 57 171 8 Firm#14 45 59 58 54 162 14 Firm #15 34 44 43 40 121 15 Firm#16 52 57 62 57 171 8 Firm#17 64 50 67 60 181 5 Firm #18 70 72 72 71 214 2 305