Loading...
HomeMy WebLinkAboutGHD, Inc. - 2021-04-05 (2) (at114 740 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GHD, 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 GHD, 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 GHD, 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 /tlWt ynh , 2023. 23-13673/322743 1 GHD, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: 4/7 Cai1£4 (Nq-TAN48E print name f i ITS: (circle one)Chairman/President vice President Mayor n - AND 94 By: 3—kM, City Clerk C--‘`N 4 ki4`1 INITIATED AND AP ROVED: print name ITS: (circle one QOM hief Financial C/ Officer/Asst. Secretary- reasurer Director of Public orks APPROVED • • FORM: Atir i Attorney 23-13673/322743 2 �V 1 ` Page 1 of 2 - f • DATE(MM/DYYYY) D A�OR5 D/ CERTIFICATE OF LIABILITY INSURANCE 11/20/2023 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 CONTACT Willis Towers Watson Certificate Center NAME: Willie Towers Watson Northeast, Inc. PHONE 1-877-945 7376 INC.0 1-888-467-2378 c/o 26 Century Blvd Ext): P.O. Box 305191 ADDRESS: certificates@willis.cam Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Allied World Assurance Company US Inc 19489 INSURED INSURERS: Zurich American Insurance Company 16535 GHD Services Inc. 2055 Niagara Falls Blvd., Suite 3 INSURER C: Bea:ley Insurance Company Inc 37540 Niagara Falls, NY 14304 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W31125621 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 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/OD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Eaoccurrence) $ 1,000,000 A MED EXP(Any one person) $ 25,000 Y 0310-4497 12/01/2023 12/01/2024 1,000,000 PERSONAL d ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PROJECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y BAP 3757423-08 07/01/2023 07/01/2024 BODILY INJURY(Peraccidenl) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY O PER DAMAGE S XCol epySOC v Cd 21 250 (Per /� Hired Physical Damag $ 100,000.00 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER B ANYPROPRIETOR/PARTNERIEXECUTIVE Y/N E.L.EACH ACCIDENT S 1,000,000 OFFICERFMEMBEREXCLUDED9 No N/A WC 0380936-08 07/01/2023 07/01/2024 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab. V29594230501 12/01/2023 12/01/2024 Each Claim: $1,000,C,0 AI' DROVED AS TO FO , 0 , o DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is rega>te GHD Project no.: 11193208 Jd�-[Lt MICHAEL E.GATES CITY ATTORNEY Project name/site: Encroachment Permit. CITY OF HUNTING TON EACHCity of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability, where required by contract or agreement. 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. City of Huntington Beach AUTHORIZED REPRESENTATIVE 2000 Main Street C�'y(e Huntington Beach, CA 92648 CI ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD sa ID: 29980998 BATCH: 3218769 AGENCY CUSTOMER ID: LOC#: A ® Page 2 of 2 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. CRC Services Inc. 2055 Niagara Falls Blvd., Suite 3 FOLICYNUMBER Niagara Falls, NY 14304 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE:See Page 1 ADDITIONAL.REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds, where required by contract or agreement. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 24900998 BATCH:3218769 CERT: W31125621 I7PPDDVED 7-6) �NiINGT ' 2000 Main Street, oy Huntington Beach, CA o � e �7_ 92648 City of Huntington Beach CFCOUNTY CP�\�O i File #: 23-372 MEETING DATE: 5/2/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Chau Vu, Acting Director of Public Works PREPARED BY: Andy Ferrigno, Principal Civil Engineer Subject: Approve and authorize the execution of Amendment No. 1 to the Agreement between the City of Huntington Beach and GHD Inc., for On-Call Water Engineering, Wastewater Engineering, Stormwater Engineering, and Engineering Consulting Services Statement of Issue: The Public Works Department requires on-call civil engineering services to support staff for the design and construction of capital improvement projects related to water, wastewater, and stormwater infrastructure. If approved, Amendment No. 1 will increase GHD, Inc.'s total not-to-exceed amount for on-call engineering services, which support the implementation of FY 2022/23 capital improvement projects. Financial Impact: No additional funding is required for this Amendment. Under the City's FY 2022/23 Capital Improvement Program (CIP) Budget, each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. Amendment No. 1 increases GHD's contract total by $1,000,000. Sufficient funds are available within each project's individual CIP budget in FY 2022/23. Recommended Action: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreement Between the City of Huntington Beach and GHD Inc., for On-Call Water Engineering, Wastewater Engineering, Stormwater Engineering, and Consulting Services Alternative Action(s): Do not authorize Amendment No. 1 with GHD, and direct staff accordingly. Analysis: On November 6, 2020, the City advertised a Request for Qualifications (RFQ) for On-Call City of Huntington Beach Page 1 of 2 Printed on 4/27/2023 powere914 Legistar". File #: 23-372 MEETING DATE: 5/2/2023 Engineering and 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 the review board. The four top ranked firms were each awarded on-call contracts utilized only on an as-needed basis and not to exceed $1 million. All four contracts are set to expire on April 5, 2024. GHD Inc. was one of the top ranked firms to be awarded an on-call contract. Compared to the other on-call firms, GHD successfully proposed task orders under this contract for $608,522 to date. The current contract limit is $1,000,0000. Staff has since solicited quotes for additional work and received favorable quotes from GHD for approximately $950,000. This additional work includes the Sewer Master Plan ($700,000) and other work anticipated throughout the duration of their contract. Amendment, No,1, to the GHD contract would increase the total not-to-exceed amount from $1,000,000 to $2,000,000 to complete all current and proposed task orders. Funds for these services provided by GHD are already budgeted under each applicable capital improvement project in the FY 2022/23 CIP budget. No additional budget appropriations are requested. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Amendment No. 1 to the-Agreement Between the City of Huntington Beach and GHD Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering and Consulting Services 2. GHD Original Contract 3. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 4/27/2023 poweree14 LegistarTM AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GHD, 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 GHD, 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 GHD, 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 increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed One Million Dollars ($1,000,000.00). The additional sum shall be added to the original sum of One Million Dollars ($1,000,000.00), for a new contract amount not to exceed Two Million Dollars ($2,000,000.00). 23-12595/305430 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on May 2 , 2023. GHD, INC. C TY OF HUNTINGTON BEACH, a unicipal corporation of the State of alifornia By: /4-7-'2 WA--rAAAs print name ITS: (circle one)Chairman/Presiden4ice President Mayor AND r 141t/ 9A61224144,44) City Clerk siSVA By: 3 . ' vP/C-A^1 (` 'I`I INITIATED AND APPROVED: print name ITS: (circle oneeSecretary//hief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS FORM: Ci Attorney 23-12595/305430 2 011101rolr Payment She4Ule,(4otit1y, y"Meni) , .• libtirly.Rate CONSULTATS fees for such govios',$h411.2bg't6.45P4 upon the following hourly rate arid cost so 4u19,: Travel ChugeSArtinie during troet,arenot reimbrsabTe C . Billing 1, All billing,.shall be done'monthly ,fifteetM)Minntecitteretnenta and matched, to an appropriate breakdown of the time that was tarot'to perform that. work and who performed 2 Each month's bill shUId include a total to dgft* That total*hold provides at a&PO; 140441.;fogg PciPP.$411.V.W04,:tP4gehtiliqillrPieg.t. copy 07.rnegorariclai lettep',;lepor0,-caleulatiOnp otherdoeurrientatiottprepared by CONSULTANT Max be iequiied to be submitted to CITY to demonstrate Ditogrop:: toward completion oftWo, In the event CITY rejects,:t1rhascommentsonmients on any such product,CITY shall VerrtifYveelfle requirements for OatiOta4ory-OMPletion, CONSULTANT shall, submit, CITY invoice each:monthly Payment due. . , Stiehiti*OiceMialki A) *.fcr.q.A.cell4AgrOinott; B) pool be,*e:seWiees performed; :.Show the total amount of the payment due; D) Include a certification by,k principal member.of::' ONstl:tr:AN.rs firm that the work been rtrompci. in accordance with the prpvi§iona of this Agreement and .V(i.k411:. yiff-04§.4tiolii0 i 0StitlatOffithepereett4geOrW0100MPI401, Upon submission of any such ,MY Is satisfied that OQN$ULTANT Is ling* satisfactory progress'\toward completion of tasks in accordance 'with this Agreement, CITY..shall approve,the Invoke,in which event payment shall be'made within thirty (30)tlaY8447006iPt of invoice by CITY, Such apPtQval shall not be tgir04$911.01Y, WOW If,CITY.does not, approve an CITY shall'may CONSULTANT iii writing of the tpootp.;:$# non-approval and the schedule of patoArioso, set forth m Exhibit ow(may at the option of CITY be suspended until the parties,.agree that past performance by CONSULTANT is in, Of.$48 been bf0.4gbt: into compliance,, or until ...Agreement has 020ed. oi is terminated as provided herein. An iling fOr:oxtrR.,work ii.vadditkiii.41WOVIAtitifatizett in advance.and ih•'writing by arr#1411 be invoiced,separately to CITY Such invoice WW1 contain 411lotttio, information tbOhtd414b00k,and in addition shall list the hours expended and hourly rate chaigedfor $11,0h Ito* Such invoices AM. be Apptoo4 by CITY if the wok: performed is in accordance the extra work or Od#10.01$q„y4 .440440:00k.404,if 0.1Y1$ satisfied that the statement of how wkod and,costs incurred is ddoiiidte • Such approval shall not be'unreasonably withheld, -.dispute between the parties totiortiih-gloyffittit of suchan invoice shall be treated asseparate and apart from the ,origoitigatirn.rioo-goMeloriaiiilot ott.*Agoptilw.. 2 • Exhibit B EXHIBIT ott" , P45.4.ii0t$04041.4e(fiXed fee POrneilt) 1.. -!CONSULTANT shall be entitled to monthly pi ogrewpayments toward thetriod fee,set fohlIpmig-itoodor,0:40:ovtiftifloitollowiiv ptogt**.fd isayofeot schedules.. 2., Delivery,Of work product. A copy of every memorandum, later,/*P.Orty.,0410.414104404 9160 400000t40011pioNto41:1'•0014.1$01TOTA4.11 be Athitittoa.1.6.CITY to demonsti ate progress toward completion of tasks, In the event tITY Ojeda or ha comments any such p*Oct,CITY A411100:0P.Wific VO4.40:40410.0 fOrtAtie.4001,00k,ii401.: 3 CONSULTANT shall 0010 to. 'CITY invoice tor each monthly progress payment . due. Such iice5.11.41D. goterorfoo,,th1s Agreement, DoseitibeAheisqryie9s performedk Trio hi-tit a t'C).: Show D) Include a certification t'elf, i 011441....11.1**of CONStJLTANTs firm that the work has been performed in acpoi*Ice,‘with the provisions of this Agreement 4114 E) For:A:payments inelucie.an:estimaippf the percentage.otwods-c040004., Upon':$14[111•4$100, o1 any o:01:140ioe, if:CITY is ;$4(Ki04- that CONSULTANT Js making oati§f4etor.y, pm ogress towai d completion of tasks', accordance with this Agtoothhi, CITY .shall 4,11.07..v.o the invoice, in N.)-1104 event payment shal be made within thitty'(30): days of roolist.of the., invoice by CITY: ',Such approval shall snot be unreasonably,Withheld, If CITY does 1:1,04:,:qppygye an invoice, CITY shall notify CONSULTANT in-wi414 of the ieasons for nonappi oval and the schedule of000011.**setforth in Exhibit ItAU may at the option of CITY be suspended 14Plath9l*titCP-VVg that past perfoiniance by CONSULTANT is 10i Of has been brought into'0(101011440,i 07.e 0.011 this Agreement.114EsgovitcaFor f.aforholotoa:*1#0810,0 herein. , . . Atly Wog for extra work additional services ii advance and in writmg „ . 1*. CITY. shall be invoiced separately to CITY. Such invoice Shall.,e9ritain. all of the iproon4lipp. required above, and in. addition'Shalt list the 1044.'.expended and hourly rate charged fOr-stloh tune so0:11o0toot- 64.1110 approved by CITY rf tile WO*tOjzfOlt.t0:00 is,in accordance With ThO.:004,,Wijiiki* additional services requested„and it CITY Saddled:that the statement of hours worked and',wits IPP141:41§... accurate $140.h approval 644 not be 1.1or.o4p.00461y.-NVithhc:14, Any:.dispute between-the parties concerning payment of‘iia):411I invoice shall be tieated as separate arid 04itfidiri the ongoing petformance,ofthvromaiilder pftW Agreement ... ., • i i. ,. •• ExhibitB, . . .. • :.,. .„,....,„... lal • ••:.„.:•.1e•tr_c,;;;,,,!'..„4,;,..1•4.,,,,„z„,. ,. ..........,,Imm . Rate Schedule .. „..„.: , P,Or.sOrVic04 tv OHO Jn:q,-, :atiegove:theeggh••,.i.ime 30.;,, 021 .Hourly'Rates, '.. ... Ril.01)141410,001t0';tclAtclg $00.:•-•':'?1,0 :. .. • . •••' - . . ,„ .. Senior Project Manager . $109,-205. Project:thOgOt $177.5,-,'225 Senior Engineer $160 -,220 • . „ PP,c419910,tniArggeglodi4t $130: . 235 .:.,. .. ... - $01:ontip.070Phn.C51P9M/PlortnortArptotpo.( $'11::5,4.'235 . -4 - . .... _. Project Engineer $I%,f8:$ • Staff P414PPt $140,'".".10.5 , . • . • • • 01):).'1:).e•;. .1.§ner $ '90 &Im ..., ,.. • Drafter • $ 74-14::$ • „ .. , . , .. Projoo/Mblit1AsOlotent $ 70- Employee time will•:150 0.11100,teuettatatite witil4fie lea listed above Standard.- 0001010 01-4t0Ortolboy costs are into these hourly rates, as wellas direct labor, overhead, and filtid.e.benefits ThOkrota;:oro,o*Ootto•ohoogo oo:A• semi-annual beeie... Professional eniplonee$will ntit:00AA(gecirotet premium „ sollogo,:roiet,:liroYedirnemotic ,.. ... ,. Expeittwit:r.t.arte.atittioti:y.,,;.r.Wony.(loy*bon orvpm0).090 is 4iiciet,obeli eir 'II chargeable time will be at double'.(2:0)the employee's torniaf tote a$,':noted:..on the. current fee e0e04to and all associated expenses will be invoiced at OP 0.000.io, allowed). Expenses and other,similar project related costs are'billed tOt Of,cost(no mark-up eflowe0.4, Mileage Will be billed at',$:6::8 p.6r tt.ille,:.!(otfattrOiji IRS '4.11.09v4b.014 rate) and ..... patKiv.'*vo:nio.s.inOktrrptiOy office employees are P:horged a.t:;.coOt.. The services .. ,. of iti.oteide eoiettitehte•*ill 0'••0-:'•01).0":eted at 66ttito"matik-op:eiiewocq. 6-rtiotoEite*,40,•not,0009.•foi.e00oeloo:000.icsi;:91to votgArykbioTrooniog000•pb000p;o.* exist wKit*ItOp00010q0"0::00.'00AVI)00:','0.Hoinp:.19 Writing If Prevailing Wage Obligatidri •'0174 aFipircat5(6,:fri,i/titah;66i0'WO f .Witl:15 .!: 4,j0tdd Oiti0001010t0::t0 ft01000.00.000.0000.:,., , . . . Page 1 of 2( K, r t ACciRDa. DATE(MM!DD!YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 12/09/2022 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(les)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 CONTACT Willis Towers Watson Certificate Center NAME: Willis Towers Watson Northeast, Inc. PHONE 1^877^9457378 FAX 1-888-967^2378 c/o 26 Century Blvd (Arc.No. ^ Ext): INC.Not: P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURERS)AFFORDING COVERAGE NAIL A INSURER A: Allied World Assurance Company US Ina 19489 INSURED INSURER B: Zurich American Insurance Company 16535 474 Inc' Beasle Insurance Company Inc 37540 979T N. 22nd Street, Suite 200 INSURER C: y P y Phoenix, AZ 85016 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W26863433 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 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER (MMIDDNYYYI (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE ,X OCCUR PREMISES fEe occurrence) $ 1,000,000 A MED EXP(Any one person) $ 25,000 Y Y 0310-4497 12/01/2022 12/01/2023 1,000,000 PERSONAL&ADV INJURY $ GERL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY n PRO- POLICY LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Me accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED —SCHEDULED Y BAP 3757423-07 07/01/2022 07/01/2023 BODILY INJURY(Per accIdenl) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X allITela soc X �uJ,O$a°JfL zso AP OVER AS TO FORM (Per accident) }tired Physical Damag:$ 100,000,00 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE Y• 1CHA -.GATES AGGREGATE $ DED RETENTIONS ATTORNEY $ WORKERS COMPENSATION CLTY OF HUN I)Nzl►ON BFACI X $7A7UTE ERH AND EMPLOYERS'LIABILITY B ANYPROPRIETORIPARTNER/EXECUTIVE YI`I NIA WC 0380936-07 07/01/2022 07/01/2023 E.L.EACH ACCIDENT $ 1,000,000 OFF ICERIMEMBEREXCLUD E D7 I I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liability V29594220401 12/01/2022 12/01/2023 Each Claim: $1,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CND Project No.: 11220958, City of Huntington Beach As Needed Water, Sewer, And Stormwater. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability where required by contract or agreement. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds where required by contract or agreement. 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 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (� ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR Ins 23916177 PATCH: 2769316 Oi.,-• S'j)t Utr(~J-9i.-r At1'j'l AGENCY CUSTOMER ID: LOC#: A`R v® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED GRD Inc. Willis Towers Watson Northeast, Ina. 4747 N. 22nd Street, Suite 200 POLICY NUMBER Phoenix, AZ 66016 See Page 1 CARRIER NAIL CODE See Page 1 See Page 1 EFFECTIVE DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability where required by contract or agreement. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 23416177 HATCH:2769316 CERT: W26863433 POLICY NUMBER:0310-4497 COMMERCIAL GENERAL LIABILITY CO20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, Its Elected or Appointed Officials,Agents, Officers,Employees and Volunteers (If no entry appears above,information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Section II—Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov additional insureds,. the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work"out of which 1 to "bodilyin u- the injury or damage arises has been This insurance does not apply Y j put to its intended use by any person or Ty"or"property damage"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, Its Elected or Appointed Officials,Agents, Officers, Employees and Volunteers Location And Description of Completed Operations: Where required by written contract Additional Premium: NIA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II Who Is An Insured is amended to include as an Insured the person or organization shown In the Schedule,but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that Insured and Included In the "products-completed operations haz- ard". CG 20 3710 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ❑ Policy Term:December 1,2022-December 1,2023 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Notwithstanding any other provision of this policy to the contrary, the Insurance afforded to an additional insured under this policy will be primary to, and non-contributory with, any other insurance available to that person or organization in the event a contract or agreement you enter into requires you to furnish insurance to that person or organization of the type provided by this policy. GL 00021 00(07/09) Policy Term:December 1,2022-December 1,2023 POLICY NUMBER:0310-4497 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above,will be shown In the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 ❑ .t 9 fi Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pal. Exp. Date of Pol. Eff.Date of End. Producer No. Add'i.Prem Return Prem. BAP 3757423-07 07/01/2022 07/01/2023 07/01/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who is An Insured Provision In Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee"of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement In an "employee's" name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "Insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a.and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following Is added to the Other insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the.Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any Insurance maintained by the additional"insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. All other terms,conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW(04/14) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. S" ossNT I NGTOti` i0 O`er•;;0""476;°. ' City of Huntington Beach ,•' - .' =tk 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov o61 •e.............. .0I 461UNTY CP if Office of the City Clerk Robin Estanislau, City Clerk June 5, 2023 GHD, Inc. Attn: Greg Watanabe 320 Goddard Way, Suite 200 Irvine, CA 92618 Dear Mr. Watanabe: Enclosed is a fully executed copy of Amendment No. 9 to Agreement between the City of Huntington Beach and GHD, Inc. for On-Call Engineering, Wastewater Engineering, Stormwater Engineering and Consulting Services, approved by City Council on May 2, 2023. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan t' '' ‘;tf"IV i'...'•.;i:' M4: '•'' '.-.....' V La I sk ..:44: •-•'. -,....,,I. ,,,,,,...,.-.-,.-,:.4.7.,, -1::„..i.t.... ,,::.:es:4-..!, ..:. .,..,. ..,,,-,*,..-• 7.'i...g,:;;;F*.:: 1..=',,d. , ...14.,. •.,-.... .1,... ...-.-7. ,..-1 -g,‘,,..,...-$. -• ..„,-„,•• ..,-t -„,„..;. :-,.. 4- .,,,,.:,..•7•:-..,...„..;.1.4,0.-• •:44-4.7,--., • ---w 4 ..-:..e..: iia -.4 • .9! ..,.• .,,,,t) ,ip.f.....„,...:5;• ,,L.r. ,-..t.-11,7t1'‘‘,/-7,,'''''''.• , „P'..,.1-...4.'''-ii1.--,1,',"`-"1..t.,,,Z.1,..,--",*61. ,,:.1,..'",,'",.. „-.,, et.-7 0'1.,;et,..4q,...• •--.' '1...,..,..7.. Jr:17.111%;,,..' ,.. •-•_ •..1'. 74,1-,..-,---.'al , ' ','i'M•se."*.r.. ;4'.#' ,FS71;:j,Itz'.1A . -, '".,-,""1:4• %1K4,:'i'.^*.*1-7'4.0.,...S;kig'.." f- ..._4`.,,i,5.11•:".2--",,..:1-4..1- '.orl'%411'-414 ''..L rit.,A4:1eV ,;t1•27::'.W..- L,";,'...,"41,,..:,'"4.-c.'ifj•,-U-"''4'.',,, ,.',‘-,<",e-,4••'''!'".4, ,,V74,,,.,.' ,#..., •.4,.....i,.....7.* iill',.''''1;. 4,7'.. "',. 1r,..''.."t ,,.41*'.:,"r.,.-," '"I,Ps.''',.' -- ..",--#.•""z",1"7.1.4.. '''''•iy..4,1. , , ., •''•-,‘‘•'-•%.'7•• --2,,,'1.40, :-4-7 4-,,*es t ,/,,,,,o0...,?..#4:,. ./. 5.:7-i.,•,:.,-,,,,,t4t.•..,%.,/ ,..,±7,..i-,04-I.* , -,51.•,.:1,.,'7,--1,..,..$4..4,:l.g. .,•,'Njet ',.. 1 t-'--AS*1-... •"4/14t,'1, ,..'F'-• -.:,:`-'"• • .• ".... ••d••'4'.-,"•<'.'...k-4.....• :V.,..2"1.7$•"‘-77 ,-,'.r• -**:'''.40. -.:7,0"--77.,•,, , :11: -' --'4.--;',V/1,,''Ve••:, 4 i7'?-•:" -1'4-\CI':;'.4- k-'':•'•.:',- Jr ..a..lsc..4 --' -.. ...' ------- ..,-4.,0%,-;.;,-...•• , ,..‘,.....1....i.4 c.....!r .. ,..... ...!' --,,If,:.r•-•-,.,..,,,..;..,-...-.;,:,,a.,: ;,-7,...„..i_,4„-,4.,.„.._!..,,,,.„4. _;,,, , ,i,„.„.4.,,,,,,,,,..,-.: ..i,..„ , .1c.---Z-:-/, ',"-" ,;*:'h,.--5,;'1,.A:". ..,4-,;,1 ;,,,--ye-•-::-.---'r.lri:',=*-11-,,'"-;7:-.V31'11C:r -', fr.,.1.1',"'.....• ''''''-v-°4-.-..,,e, ,-.2-'.., : ..i,;...h.14-.,.,-P-:t.!4.,=---'.1,"..". '''t'ei•.'" ,r n T.",ik ----:-% .,',..iZL-P,A.:-:.*--,-,...A--. ..t.,....•:-.77-----.. .t, ;,---..1.....*-X4' .4-V4: 'g',44.," ,--S',,- ..- '••'-';"t:!..i-"1,---"r'er-'--;-f -4,1 ."-e`-••",,'-'ig,'„I"'" . ,-,_ _...,,,,Apt4 --" r :-7-•..-L-01,1.,:,...---• ,L.-=••- V -,....,-:4. .,42A-744,5%. , ,-.40.,.0.„---7 -: ,-... • -„.-.2."x„i.... -_,„•:.n--.-",...". --!,7"', , 00.0,...,4,,,-• 1.'s„4,'.-4•75-4,4-,-.1.•',2"-.0. . .1-„x-. . • ,„„ - k--,....5‘ ,4-"f, , ;-- -,. .:,,,"-'-‘'.--,de,-,÷-,.,-,-, T.,'..."."47..-,-.!-?'1.-,..•,..,:rtfr":"-'.;-,••‘', ,.... -r 7--".....,, ,,,, . .-- ,- ' 1,,i-4,-"y N.,1...i,'‘ •,1 kt...4-1 .,"'"7`..--*44^`-'01 I Zr.,,,A..N.,:pc't,....et*',--.7'5•,,,,,,,,t„ ''..7 4.4'1,'t =1.,',..:','"`":",./-1-eir>.,:.7/.11 .„1,4/...,'•••,4--,,'',,,,31......1r7, p.,..i441,,,-;`., ,::',..a. , .. .„,,,!,L,,,,L.,....,...,1...:.p,,,,,,,:.(0...„...v.,,,,, , . 4.,It..„:.....m-_,Zok,..,..PT,''..?,..,-,-.1,:..rtZ t,.'‘Ic.,'•-..r"1. '.''-,7"•• ",,t;','''.1•-'''''"',''' 't's-7 •I'L 0,01.?';•• .,-,•';'11*,..-:.'' ,--,,t'.4111P; ilif''.J'',,-;,:". X., . ' ••b'Y ,-'41- '';','Ir'' '..' 4,=Z").ii"; =•(' .-`%.'".'S t.-,4-.,,-.- '..7g,,.•‘-'--''""1-d;.0'...'•--'f,•,- . --' '-' -- '-'...,,4,-, •,----', , -..,e.,..-tP,-7,---1,,,.A,, ... •. -- .:,,,,,,,. ,,,,,,,z„,-,,,i,,-/;,,,,,,,-,,,,,,,:::-._,,41..,,,,z,.*.ei-, , ,,iT, ..74-,,,!,1-,."- 4,%,...-4,:tf,_-,t,-ate46',4t4 ..,41-_, --"i' ,t'l,-,"'>.-"--..- r.- -'- ".4`}t3-*".,j"4"-(s.%* .:---0'• l,i<;,::=-•;„..,4.---4-4-s--..-. .,-_,:, , „, -i=i.,.,••• :„„„..... - ,ft---,,,,,„,.. -,..1.„, . ,„,,,,,s,--,..... ..,-,--_,,,,,,,„-:,., ,,,,.•,,,-..., ,,v-z.p-f.,—,,,,,....., , .4.L., 1-.„.„.- .--,„;,....,-,41,z; . ,..i..aze,..574..,:.',,,T, :*---''.. --,.:.‘""--.'''':N4,,i'' - Vt.'. •:"4r:- !V?;.;'-ftt. =,-, V.,-'-V.g'--"'lr',If -,": P ..... :7.`-1. ,'Ao:'..%•,....-•',...•.`i.,..,.:.&...-3,4..g-1,-.•,-4-' '1' "`"-..i•-t.; i%.' .4--.A.,,,--;,.. ,t'7'.. .7'C'7.1t,' 4-' „ricr. VfO, •.;-, 7 ''.4:71..,;t-.5,i--N . r•-1-4414- '.'1 -..4-4'. 440,4" .1": '7 '5 '44,1±4-,1' •Z4'''.-.:•'"'..'7`;'•"-I 6 '747.,.‘' r __-„,,,,,,A- ,..›,...1'-,,i.7^,''',...,',,,..''‘- '1,, ,,,, .,•-o., ."^-.,,,, , Al2-.*', , * ,..,= , "-if , ,,,_},,, N ...„.7.,tr, , ,,,,,,A-.•1...t.- • ^.!'",,.., -.• -3 .."...4.1„,-_-,..- - •,.. 4, 4••••'.4', ..0,,,,r Iv e 4',..g="t"4,"C'".,,,...„a.4"..1.*t , , .,=,,,,=: ,It'k." .'-0,14?...-?-4...,. '.1.,,20,,,,,,..- *0,14.4.P4--irro.. ......-., ...,,,,,d.,,:,-.--:-.0-- ..•,,i,i.,..5---•:.1,...0.,,,. ;,,,,,-._ -r--%,.-::•-•:.. -. • -,-,.":.-A, ',4,..iez,,,,,,-,-.---;•,,-„,:,!,,7,,-.44.,,,,,., .1,.....e. .z..7.-24;•*42--.::;-,,....-„ ,-- '4.-.._-,c-:-4t1';,,, ',4r:41---'''",..,*.t1/' ' .' 4-4*,*41' • ' .-. ,,,... -..;k4-1.`1-4-',-''';.:','•'0'`--Ir.'i* ."4:11114--,,''.-3",-°,1‘;.,;.%".•-',,,'7" , ".."..,-)'-'V,-..."10- •r":"--""=';',.r.q,A--_,v,-itp:-q--AI,4,--.0, _,-,4,- .4,4,,z,..... . , s„., : 6'''''.1-14-% 01'144*IVIW'.."' '•,..-..'•^P' :',4`.14e44.0ft,I.,_'4*•6:4'''%t-l'ir' 6t,''t Z.V,4.-Zt"-'•'-'-'4'''''ifX1-A'''7%n,r1^4..-:.,..'t it.°tir,:',,,,„';..\S-yx,.. A.A..,:ti..,,..„..• .7 4ii-!3-.-......-c'0,-,.;v;i4i4-,,Altr.. tegi:',?.. t.'r''''--....*V1-t•!:;, ..'..,'2..,44,r.s, " a.,.,-,,,'''sr, ''''4.* ,i..4ofoyi'-',.•,--ce,-.' .,-e'-:_•-k-a--t f N , ,;..1„,,.-4,,f,.,,,,r ,TA ..A.._4,.,-,o-. ::t,.."2- -t-zt....A-,.,,,,,,-...,---!..-,,,,,,,,•ro .4-1244. '744.?e--1-11:,. .,,f1,4,,, .1 • ..:0,,,,*-ki!"1„vt4-t;,,,,,,..,.....,6.4"'SV.,'%,.,1.-f ',...A.,. ''1'.7. 1.-fr:',---'-'-...,;'-"-.-e-,. •1','. o- -.. 4:N r :t'fi,; ,, ,Vt,.,,. ,,,,,. ..7"..,,,,,k,,,).11. ,,'„,„Z:‘,. ..'.".d.,0,1'S.,,,,, '..'. „.....,riFt,a,,..,.,>•,.-,v.,,,,'„*.w1/41,..;:r,....,f,,,,d17,,„?., Ice , .J.Iv At...7.-..,,,-;,6•44-0 ......„4,-r,t-,... -,,, -,--, - ,.. .,,. 0,. -7,- -,4.. ,„s. r.,,,:,-t,y,,,-.....:. -,. '..---':--..--1-''''',- -C`vc". ,*zi i73.-- ,.,:.',-,..r:.-- '1'-'" iw• -.4- '''6 i-.4.•-t-tr:nrd-e,,-',44,v;tc..„-.- .,-,„-:‘-,.-4:4: r'A',...„fa,._,,,___,....e.E. •••;.- ,o.... ..:' --!-',.. - " •:" "-",-''----'- ""-4'' -it:4-",r,t4'--'' •- '''''' ' --1-tr- - r•A'A...' .--...- ,,i- ...';";& -"."-•,'"P'5.7 ,tiar : 1Mr;.‘ ''',`I . --V"t:.'",:;:',,140,"4-__%,• '" ' •,ittegi,,%-rA",:',--',..ii,7-4"---i":'''' "'" " •- . - -,--,--.-;-"- --'"': .- ,,..--.-:,_ • . ';':1-,-;',-;:'... -.'", r:::„',„..;:4-'"-r..„: -1,- '' -::-":"%itA:t44 .-`,,,,;:`'"" `-" -t"4::;*),:.-" ,...:<.•;,•:1:: :'..-,-:',,,iii•%,".„',.,*4 ''.4,.4,wt:,,,e4.-...';':,,,nr,,,,,,-%.,-_, ...,,,,, 1 ......._,_ ..---- ,_ .. .=4,,.......-^.t. -;.4.,,r," .-•,...,`,7..,^,t)71.1-=,,„„-*--, "...,- ,.....,11,:•,,,,,,r-4 .7•4711.7e4;11,..,1, ,-1, i-• • •, •,,V6'•*..tA. •07. ,...,,,,,..'..,,, -,..-,7,-,,e- t-,_t-7-„,t-- r,,/ .f....., .1 . ye„.•1.1" ',el- .. 4,:a71-.11 '4 ''' 7"- • ' 41 '-' , .1.,tr.' ..,,.ek.1..,%•;,..•1, „ '''',.7.,,,,.".7iy,-,, ,,e.;;;,,A',,'' ',, &.' ;.„., '''.1`;",;,,,•Y- , ..,;.,.-,' _______ -..;•", " •---"• 4... .'"F-•;1_,14Z""-if•r- :,. "`L".:Pl!:,... ...- '' ":,;-- ''''' •''r' ' i..........-''' Beach *•-!,:•'Y'-••fq.'.."'Ir'In--4..--..C. :'-''.-0:,-,-1,i,'''i--,.Y"...-1L,-. • ,r-1 .-..: J: ,/ .......,...0,7,-,„.• „ ...-inli10/14tfit.. 6, • ..- -- • - --;' "".....,-- '.,'.•'-`..2:"."1--..:.„ '...t, t",..7=-71S-•.'....'-,. ' "- ' ' lif.:r,-, ,-,',-:"`'e",‘',.,-;:•V`Xt="4-'-';•'.--"-07 . .71-.,-';`,tr--1;1";''T•-:,:',':, ------ 48 i;'-.., California t•Huntington Beach, ,.. - ' f 2000 Main Stree i .„.., , . ..- -----"..-1“4" ::-%. ,41,-ZE"4-tr''''..7.,' , ','''-', '''••0:7,-..'1"'"-;„ - lc.:z:',0',:,:i...74.",.,,,,,',....',.. ...._•,:t,' .„,.:.;:-.„„,...., LI'"I" • kc'--P."•-: •-"---e- ' ..-', ity of .111intingto21 ,-..,..,;,,,:„.":,,:$• "!,-, --.4z„,"' lt,', ', __ ... •77 7 ' ,-- ...f ••I ,`...6,.'':rfattel ia 926 -,, ,k.-- '-.-: .. ,.,,,-,.....- -,,,--,-, , -.P. ,s,'-• •,,,1. .-" ••-. ....:-'.• '. ^-?' '-'/4-'•• e •......... ,,,, , . '7 ,.. .. . , ...,. Y-'1,•-",;,, **-".40', .... ' , 6... ...„. ..r.„.... ...Office of the City Clerk -:-,-:-z.,';'4- -.-''',VAZ'"...'.k---1, -• • - .la ....,'.., .,..1 ,, .:..:.......-,...--....,-..- - :-9.. .,,,,.....0 .,,,..,:,4-,1 /%.ZZ.-:,..'..,......1,,t'--,'-'"'''' '1.;`,..', ,-.f.„.. . •'" Z''' 7' ''.. ,, % . ..,........,4'...:,.' -'1", -t! ig.1.4.•+4. ,,•''''''.':.. '''',..N*.t..:'...* --: --•' ' ,.Y" ,.1„ t -. " 7 !'•-11.t,',1:•'•- :/"- Vt7 ",),V.e.::.".:/• '''-t. 4,:lt474..t.t.,,‘-•-"'7 :Y,:, ti#749'"?'4":'-1.'%•••'';-.g ', ` --:. ''7-.. ''" • . .,-.. ••-. — •;,. ,..._ ...,,,,...,--,-- •, .t.Wi'i,i-•`'`"'-:,;40,k,,,,,"f-W4%...,; :,.,, : GHD, Inc . ,-.,,..- . , - , . . .d...14. •,..,-,,.'... Watanabe . , e- ,, . - ., ,..-. " .•-. ..... .. . - .... ,. . . - - At tn: Q13.-9g i kii..ii •• ,. , ; ,..4.,- . - Q... 3760 1C?-,''193r. , , .., .. . y!,;,-.4-1.,•-...t,,,?.*_117,7:.;,-,1.`',"•• ,, •,..r• -, • " ,,,..,-.-,,,, ./;.•-,••••• -• h C.r9q§90:. • ,..., . , . . . , - _ _ - , _ . `,..,... • .... . ,,... ,-rt..t. , -.., . ...”...'' '*. • . +'...,..... ',... .,, ,J 1,'•,.:it 1.,..`' ' - :- :'..-4 -'.:., .s'..- - •-.-, ''„ " . ":-. 0\. (...-- . . Long Beac , Airport Way --• :-..,•- ,.• . - . . ._ • .. • _ , . .• . ,_ _ .... . - _ • , , - 4-1---4.---' - :.- .t.;.:. _ . -- - . —_, -- - -'= -.1-_L'.-.--•....! - ...,'-,-- --.0,,,-„.,'.8....,:-.---, ,.. .. ,, , _,.. • ,,.,„.-.4.•-",--,--4---,. ,.t-7. -. , . • ,,, .„;..:- .. .1A...,4„,--itat-,.-''..,-"--i-Aw.A.',,,,7:..-.1.--1•;...g , ....e. A - ,...,4-7-..',..i ':,.k•L-.----,;,-;,rw- :-......,--., -.$„;,,,43,4..-..,..•.r,".:-..vr. , - •,..4.--. - :,,,.•-,, - - . -; ;;'--- - - --Y.t. - Q-....--•' ---`,44,"-Zig.-eas7,%.1Af.-1-137,40.q.-..-,y.:,-,,-.'-1.0",,t- ..1.t....t- .,•-,1,e- ,,, . ,....; .*-%, ':.,. L-, -. , ....-..4. r.- ,.-..,„ ,....2!„,. t 4.,S-6,-,..',1"..,.."%; : 4-` - 71:''''- ''''''''S, , . ilF4',,',1,77:*'Z:"L'..,7'.`:'%;.:, 7..";-'44.1'*,1,t r1-'"',' ''''''''','.J3-X541f.,• .`',1'.'n,-;V,F.,4•.r,;Z:'-1:•$: ,........, -;,;.'-..,-..t',- 17•7,77.4ilt,r ,r44'4.'4774'7,44'.. ,,t71'",'W,.'''-'.'4.,. .',..ts'.....,-:.''••'..-7,7,4".• .-•,+•vi;1-,11V •.` f ,),...,,...4-,,,.,i.:,.,...,txr-1,,,, ..L ...4,4 , - .„.•:1:---.14.- ..,,t4-,,,%,,,,,1-, -,,z..- --..*4:21.40 A .......„..-7.... ..,,„;,....4„„,„,..,..4.44.:• .i.-.‘,-••^•••„-...,;. „"`,...4,4A -.,-40r,...?4,,,,I,E.,--t" '..:-..-: •,...?,:-..,,,, .,P•,..,•,,,,- •, --_,•'...:-,-.,,,,-.,..,4,._,,,,,,‹Use:..k,"4-.7.,-",t.-.(4-e,.2..„,,',, --*„",.."."-4-:, .„-,,,'.!•'44 w—. ..- ,44.-..-, : -"" ',",i,.;34:si-7,,;,,,-,.-.'''- 1:.,:---Ifq7z*--.::'.2';'...'..0„):7. .,-,.•''',,i,',N 7.1..z.,'..''.1`;-;'-i--.'-4;;FsrI,=-',,S"'7 ,•"4.:1-', 4•`r.-1:.'s:ii-,..t,"1, ..i"*-i---'''''''-'-'. .=•."1."'":,.. "',;,,--,:--&-.r"--3-:".1.,--7',.-t'.4-t',7-""'":4!i: ....,:'--t..-,-,,,,.., •rw--?" K-,..,„ --*.,,,, 1 .,1,,;1;','7.. , :: 1 ,..1:',..-;-;', -- .;:-It;:::.*t.,,, ',:t"`f.:5.-- z.t. 4-0,,,,W.r..,,,r-f,t-44-"14- .1,-,,,., ,,,,,,,-..7r4,,-- --,. .:14.4- .-,::41'...-.-..• - .444,,,,,,,,-;„,..Y.,..,--4-.4%,-..'... ,-.,4.,,,7,- ...,,,r1.:*•::,...r-v .:-,4„..;.,.;:.:,'•-.-',..--, .....--t... "':....-Q.,,- '-'.-'-'-...,....*-....-dfarAL-... -':, ,;.;:.. :....-.:6;.;.::H.4.klr.,.l.v.,.i .,..eN,.,o;4-,t/..,..:.31--.:r.' ,,-.T .„4.1_..,..,-,...,,,,,,,,,...1,7,-.....-..,-,:: i.,:.t, ._%/..4T.,, ,, ......,,..4.42..p... -. ........,..,„... -....... ..--_,.... , ..,.7- ... ,-„-,,,,,,t,„.,,z..•,,-,-Ae-.-z_,,, ,„,,,,„,,, ,i,,,i*, ..-:?:?.-Ir- '-,.: -, .-,.--,- '7,1'',.-". .. '-ki-t,./r --It - '4tt... .-4,11--,,..01...K."- .......;: .1 --,-- r :XL,. „ ' • *.` ' `,...-- tt,....t..11 . , ,, .,...„... ,.- --."•,'':',1%.-:•.,-,."-,,.--:734*-'1.--'-'?'*••`."--‘4-"'V:i.•--47** A-'ea•-•-.•-....,',--71Z-:7•!;.-, .44.4%.,,-, ,,-,....--- ...------•-•s„,:i.:-...--•,.1-'i ?.,,'-'Vf,:.............2.,,..4--1.....Y .t......Y1-.I-----.-- . ., • . ..,_ . . , ,.,_,,, ,,,,,,,__ _ --,,,,A„,:••,-;•• ;',-, 4.•-..;-•:,.`.,:k•r`•-^•-,-,-,---7-.E.,--. NI LE . •• .. , -. _ 7....,...,:.-.... ,.•-.4.,„•;:z..--,. _i_l',,,,, •.‘,47-. ,..t . •' - 7%Ss...7 4.7 Y,,i117,--,-1. -1-. • -,,* -7.- •• ., 1.. ..7.,,,,t, .-,-. '7. / -t•- ."4. "4 '; g "' - It`''''''"-.7-:' ....".ig 44',61 -'4:k"" '4*-7"-*"".'1A''•!Akte.t...*'"' ''4-4.''',.-..(-",- "--'. '-•-f r,,,.. .. ,.,'.''.•.:,:,-7::41 ?.4; .4,-,..; '%. -.i...,R;,,..,-.-%':....-- I-A.-1.,,'...7 -`74).77:-.=15-‘-‘47. - ,.. • . .:-..!‘'.-.7;1'Z, ,.. ,..7•2- - ,.,,,, ... .,- - .,. , -- , , „ -L -- _,_ „-f..--,,,.4;,,,,4...,,,,-...,.,_ ....,:,.:,, ......„1 UNABLE TO FORWARD • .,, . ... . 41,..45,475, .,,,:-50,ti...4 a:'4,1,..--.:....04 ,. : ',2: ::‘t.' 4.: 'A' .. ''. '''. .i • I r'''.-4..'::•g-re:1 ::."K''*:::';t?'14.' '''''. ''''1'.'''''':',S,...-4•4-i-.1r-,:-Z' -4. .:., :-. ,,,,!.-----,,,---,. , ,-....,- -..--..,-..17,'-15". • .. • A.T'RTEETwU RTNEDTO_ StiEctNTDKERNoWN 2347N-13214S-00.15.5 •-'-;..---- -.5,:,-3-,--‘:-.,z:',7„;"----.7-0,- ,.,-.4.--- •. . .w.. .,,„,;.,...••, -. ,..,..--tr -...-,--- ,•,- , r.. , c,-,......•\--.-,--,--,..,-4-4.-7.--- --7L 7.,..--•;,: .'--...- -7.. .`,..r4L-W' L--„,,-,- '''''• k =" -" ' '-- ••'' ' --",• 4-Lt, ''',- ',,L, - , ''''I li 11 11 1111111-1111.ffigin r,'•-::'.-,+,--..t----.4.--1----.-,---fx.—r-g#,..,-",,`• !,-- -,,,..A.,-. , —-a.' BC ; 9236-n411 021;711611i309.11911111111111111"11111 . i 1 r.,:..". .4,7s.V-.71•:-/.1• •• : -,,„ ,... ''14,74,,Seq":"t41-'47460,1,11'./%..1+t."-',.7 n.„ *•-.7.1 -,t 2 ,-. .-f..1,..-:,,,..,;....4.A..*.k44'11"' . , . ,...c,._,,,, ).... , • WWII 1 iv w 1 a a ...... II It I 1 UMCICI2kg‘' .'.S.-,'ZPS:0•,{"-P,4.-^7 -''' q'.., ,:6"..011tili4.W.,,,'**".`i'17 4.r4'r':,;.4'..f',. ,, .,,.r.,.. ,..". . .'::: ,,,,A,.t,4.4,,,. ` '''Ve .''',,.- - ',=",-Z.-,-.• '.".- , i44A,,,,"-,'' f'. ''"`..1- ,X," =. ' - '"'" ,,...".,"..*'"... -- wtz;•1,-1.,-. ..t,--, " . '.:0 „ i‘:- L ' • -,- ryr....:,-.,7"-7.-•7:.,,..:,.•7.,;,•:.,,....;p,.44f,;-.4q.....,,•-A--.46- ....,•:.' - - i! .._...... ____.. • • .5-t-4.,..,..,...,:x,„:itzt.,0„;:z,,,-- - 4,54..,, . ......_•-..,..., ,, -.„...-.,,.4777.7. • - ' ...., , 4,,,,.„.r.',-f.:.;,?-:.;';'11, -,..2,4-,,- -, eci7..,- ,"4:•f=e-4 ....e " .* .,...4pr 4:' %!gt•el,';';';'''`:'''‘.''''7,,,,,,,?::...7,-"" ,'-.•:' -p2;.-;--==54---,tL-,;;;,11're-., t .. '''. --'5.1'4-l'''' "-;'..." '.','-'-2,;41.4, ,,,,,-'"/••••4;1,.!..Z„, ..,e- ...._.-.,- . '.-,i7;-1,•4.-T.,'.”-‘t4 ... , +4-- • 3://.... fti/E.1*-1;.1;V,,I7,:-„;,,,,,,..'7.-5•-.',•.,......--,-..- 7 '1',"`-- -'''.•• • ;1114.11.7.‘•.••••'1-;•-1-.-7V-. -„1,- - ,,..7-1,-,A':IV.,......r..,,i..,_,,,,,,,,,,.am,: ,,/,.. r',...!....,....V1-1.1.-Z1il,...•.,--14,4(157.7....-71,•-C"..."-"•••• • \ TINGT� 00 ,7,VfPORgrra ,2City of .untington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 vo: -=-. _:Q j (714) 536-5227 ♦ www.huntingtonbeachca.gov 116. '•o� 4 "ouNTY � .\ ol Office of the City Clerk ..ssis Robin Estanislau, City Clerk March 13, 2023 GHD, Inc. Attn: Greg Watanabe 3760 Kilroy Airport Way Long Beach, CA 90806 Dear Mr. Watanabe: Enclosed is an executed copy of the Amendment No. 1 to Agreement between the City of Huntington Beach and GHD, Inc. for On-Call Water Engineering, Wastewater Engineering, Stormwater Engineering and Consulting Services, approved by City Council on May 2, 2023. Sincerely, ( 104141., 9,16/41Udethd Robin Estanislau, CMC City.Clerk RE:ds Enclosure Sister City: Anjo, Japan .. // . . T I N Q AMENDMENT NO. 1 TO AGREEMENT �.•• * Illitilik .- OPORgT`•.� \ BETWEEN THE CITY OF tAc, \ ' \ -__- HUNTINGTON BEACH AND GHD INC. '•. -�i' \ FOR ON-CALL WATER ---- ,, �rf„i 7,,!(��H'��!!i' • ENGINEERING, WASTEWATER ` _ --- ''- ' ENGINEERING, STORMWATER -- — — •. i ENGINEERING, AND CONSULTING r- -=` Wl:)- 1, "� SERVICES C % —,,,..----- — c, . ..",<k* 0 %., 0,„...7, 19©.;.4.•' ‘\ j Vii‘) ,,\> 4 °OUNTN ,1 IF ....� �,�,�„/ 947 FINANCIAL IMPACT • The City's fiscal year 2022/2023 Capital Improvement Program (CIP) was adopted on June 7, 2022 and totals $59.6 million for all funds and for all projects. • Each approved CIP project has a budget containing sufficient funding for the bid amount, • construction contingency, and all necessary professional services. • Amendment No. 1 for the GHD Inc. agreement, extends the contract total by $1 ,000,000 and will be funded within each projects individual CIP budget. As such, no additional funding will be required by this action. irio.TINGto ` 0 AlF'•' V \ O' 948 CURRENT AS NEEDED CONTRACT AND EXPLANATION OF AMENDMENT NO. 1 • Current Contract Expiration Date: April 5, 2024 • Amendment No. 1 does not extend the contract expiration date. • Current Contract Spending Limit: $1 ,000,000 • Amendment No. 1 does extend the contract spending limit by an additional $1 ,000,000, for a total spending limit of $2,000,000. * do NTINGT C" \ 46) w - °LINTY �ii 949 'f;A1Qy'�� ," "- ' hw' s ` : p 4. QuesLions ? ,,, .ova, `�^ s ,,,,,' gy„, § ,.S ✓ i . 't. t'.a„ "� rsi'„,„a `' ,,,„, ,,„„., „4„.„,,,,..„,„,„,,„,,,,,:,„„:„2„,„,„,,,,,,,...„,,,,:„ .,„:„,„,„,,„„,;,,„,,,,,,,,,,,,,.,,„:„,„„:„..„,„„ai,, 5„,,,,,;„,„,,,,„,„„:,,,,,„,„,,,,,„,, � e " S m ." .„,„.„„,,,,,....„,,:,. j 4l Vt I46 g ,4awa - r S %el t °' y � 1 tlefaiiiiikiLei ko I&i ---4,),,,t3„,,,,,„,.. ,4.,... ,q,,r,g, ,,, mo Wk� � S y f8't �.# w , i:• ! i [ ,y l . , l ' ' ;o a,: 14 i ori r.lrt 0 '' � "Yin ¢. 'P }laaPI..Miiigfkkillin4 77 7. ,rra :� ., 41 „ r ,:, �� a . m " - $k°` •so- x '�,2 '.?� 4 '-z.'t. - �r` -'s:7k t:e &^ y�, 11 : e5° 3' °b swti 4n ` _"-�'-'a--x Y; g1g c ° 7% *"'ram,n.s 47 g �" *r t',.. z w x 9;, ' Sac` "1A°t `i w. �. { 't'.': ",,n .. :,0 A'�.'w$' c4:! < ° w •> a1i?*°. gtR D b I era E: 7 . :�,e „* a, , .- ,s 4 5M tiPt ,. Y/ram -"� i _-a + 2 950 hl'Ffl'OIiL-� �'-U Max City of Huntington Beach VF File#: 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 2020121 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 Services; and, I r�,"�,-AlZ fitic " 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, ' �j1 _rtZ - -- - City of Huntington Beach — —---� _--Page 1 of 3 Printed on W31M21 146 oow tcl b,I.eg.slar"' File#: 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, W tewater Engineering, and Stormwater Engineering Consulting Services.a Tu' ClrtYriZc�LfIL�Li 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 Cry of Huntington Beach Pape 2 of 3 Pnnte4 on 31312C2' 147 ...d rv,,egsta"' 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 148 powered by Lagism,I- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNIINGTON BEACH AND GI-ID. INC. I-OR ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING. STORMWATER ENGINEERING AND CONSULTING SERVICES THIS AGREEIVIENT ("Agreement") is made and entered into by and between the Cite of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GHD. 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: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Greg Watanabe 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. 21-9310/335003 1 01, 11 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 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 EfTcctive Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration o1 the performance of the services described herein. CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars (51,000,000.00). 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 tom 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." 21-931OC_a5003 2 of' I 1 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports. both field and office notices. calculations, computer code, language. data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion. whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD I-IARNILESS 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 CONS UL'fANf's (or CONS ULTANT'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 indemnify 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: 2I-93]Or)45003 J of I "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. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT'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 def-ense costs. The dUtV 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 CONSULTANT's professional liability in an amount not less than One Million 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 21-9310/24 5003 4 of I I 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). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONS UL;PANT 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 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; 13. state that the policy is currently in force; and 21-931 M450O 5 of' 1 I 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, tcn (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 CONSUL.TANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITI' or its representative shall at all times have the right to demand the original or a copy of the police of insurance. CONSULTANT shall pay, in a prompt and timely manner. the premiums on the insurance hereinabove required. 11 . INDE-TENDENr CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses. if any. in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONS ULTANT'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 2 1-93 1 Or45003 6 of I 1 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. ASSIGNIMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees. delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EM13LOYEF-S AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No ofticer 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 CONSUL TANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant. or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other conununications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 2 1-93 1 OrN 5003 7 of I TO CITY: TO CONSULTANT: City of Huntington Beach GI-ID. Inc. ATTN: Andy Ferrigno Attn: Greg Watanabe 2000 \lain Street 3760 Kilroy Airport Way Fluntineton Beach, CA 92648 Long Beach, CA 90806 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'[tic 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 21-931 Of)45003 8 of I I neuter gender and singular or plural number shall be deemed to include the other whenever the contest so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law. and wherever there is any conflict between any provision contained herein and any present or future statute. law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail. and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements ol'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 deliver-, be deemed an on=inal. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall. in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCON"fRACTING PROI-11131"Il3D 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 Huntingtoti 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. 21-931011a5(x)3 9 of l l 24. ATTORNL"•Y'S PEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions ol'this Agreement or to secure the perfonnance hereol', each party shall bear its own attorney's Dees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing part. 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 hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shalt 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 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, Bret or circumstance not expressly set forth in this 21-93[on45003 1001, 11 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 DATF. 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 GHD, INC. California By: _ • 67/t6g; W.+7-ANAJ, Mayor pnni name ITS: (circle ow)C'hainnaNPrcsiden ice Pnsident ��� AND City Clerk y�d2T� By: d INITIA D AN PPROV , ,DuN4Pn1 t—'NCLAY _ print name ITS: uirck om)�'hief Financial OfTica/Assi Secs■ry- treawra l)hector of Public Works t D AP (IV{?I>: COUNTERPART City Manager APPROVED AS TO FORM: 'Xr Nly Atto I I of I I 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 GHD, INC. California By: Mayor print name ITS: (circle one)Chairman/PresidentNice President AND City Clerk By: 1NITIA D APP print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Director of Public Works Secretary-Treasurer REVIEWED AND APPROVED: C COUNTERPART ity Manager APPROVED AS TO FORM: -4 ity Atto 21.9310245003 11 of I I EXHIBIT "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. Il'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 wort: 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 stall. 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 (S\VRCB) 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 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. • Determine location, type and sizing of blow offs, air vales. 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 PS&E packages for water production infrastructure including but not limited to wells, reservoirs, pressure control stations, 1UMOUts 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. Surtiict Exhibit A • Preliminary Design Report. prepare a preliminary design report (P D R) 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 alignnment(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 construction support services. • Provide record drawinus Potable Water Mister Plan Update and Water Financial Plan Update Consultant shall provide experienced personnel, equipment, and facilities to perfonn 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 PSK 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 ol'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 ol' 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. Surrnet Echibit A • Provide record drawings. Wastewater blaster 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 following tasks. • Preparation of PS&E packages for stornnvater 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 RESPONSIBILITIES: 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: I . Purnish 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. Sudilel Bhihil A EXHIBIT "B" Payment Schedule (Hourly Payment) A. I-Iourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing I. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform 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 CONS UI-TANT'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 5. 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 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 produce A copy of every memorandum, letter. report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product. CITY shall identify specific requirements for satisFrctory completion. J. 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 (lue; 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 CON'SUI-TANT is in. or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Anv 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 Exhibit B ,MD Rate Schedule For services by GHD Inc. Effective through June 30, 2021 Hourly Rates' Principal-In-Charge / QA/QC $200 - 278 Senior Project Manager $190 - 265 Project Manager $175 - 225 Senior Engineer $160 - 220 Geo log ist/Hyd rogeologist $130 - 235 Scientist/Technologist/Planner/Architect $115 - 235 Project Engineer $150 - 185 Staff Engineer $115 - 155 CADD Designer $ 90 - 175 Drafter $ 75 - 145 Project/Admin Assistant $ 70 - 85 Employee time will be billed in accordance with the fees listed above. Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, and fringe benefits. These rates are subject to change on a semi-annual basis. Professional employees will not be charged out at premium charge rates for overtime work. Expert witness testimony; on any day when an employee is under oath, all chargeable time will be at double (2.0) the employee's normal rate as noted on the current fee schedule and all associated expenses will be invoiced at cost (no mark-up allowed). Expenses and other similar project related costs are billed out at cost (no mark-up allowed). Mileage will be billed at $.58 per mile (or current IRS allowable rate) and parking expenses incurred by office employees are charged at cost. The services of outside consultants will be charged at cost (no mark-up allowed). (')These rates do not apply to forensic-related services, or to work for which Prevailing Wage obligations exist. It is the responsibility of the client to notify GHD Inc. in writing if Prevailing Wage obligations are applicable, in which case the fees will be adjusted proportionate to the increase in labor costs. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNfINGTON BEACH AND FOR Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance............................................................................................. ...Z 3 Tenn: Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Methodof'l'ayment................................................................................................... 7 Disposition of Plans, Estimates and Other Documents ............................................ 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................� 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................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 Attorneys Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing I_a%y .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I Page 1 of 2 AC izo& CERTIFICATE OF LIABILITY INSURANCE �o/20/2021Yl lk_ � 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 cortiFicate holder is an ADDITIONAL INSURED, the policy(ics) 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 certificato does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAM,ACT Willi. Tower. Net... Certificate Center Nillia Towars Watson Northeast, Inc. PHONE 1-077-945-7378 FA% N. 1-888-467-2378 C/o 26 Cantor, Blvd -f.MgNe.Hui IL P.O. Hox 305191 6PISE& ; certificatea0willis.coo Nashville, I71 372305191 USA INSURER(S)AFFORDING COVERAGE Half INSURER A: Allied World Assurance Company US Inc 19489 INSURED INSURER B: Zurich American Insurance Company 16535 GM In.. Ufl N. 22nd swat, smte 200 INSURER C: Boar toy Insurance Company Inc 37540 Phoenix, AZ 85016 INSURER D: INSURER E NSURERF: COVERAGES CERTIFICATE NUMBER:W19908841 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. NOTWITTISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAJN, 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 L POLICY NUMBER MMLICT GFF I NOLICDVCITP LIMITS LTR XVWENII COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 11000,000 CVJMSMADE OCCUR p MI t,t 1 _ 5 5,000.000 A MEO EIP An'ore en,m S 25,000 0310-aa97 12/O1/2020 12/01/2021 PERSONAL A ADV INJURY S 1,000,000 GREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 2,000,000 ICY u JECT LOC PRODUCTS-COMPADP AGG S 2,000,000 I�OTHER: S AUTOMOSILE LIABILITY C01accoanil ELIMn I S 1,000,000 X ANY AUTO ECORY INJURY(Pa,W.) If e OWNED SCHEDUt ED SAP 3757123-05 07/01/2020 07/01/2021 CODRY INJURY(P acaeenll S AUTOS ONLY AUTOS MIRED N OWLD PROPERTY DAMAGE IS XM110mi'L3'eo; X Ifs°3�":L1:ee Hired Physical DacogIS 100000 CHOCCUR DEDEI L RETENTON SI OCCUR�ADE AGGREGATE HENCE 15 S WORXERS COMPENSATION X I SP7ARTUrE I TH. AND EMPLOYERS'LIABILITY YIN 1,000,000 b MV OPRIETOR,PARTNER£%ECUTNE E.L.EACH ACCIDENT S OFF=4EMBEREACtUDED1 No N/• WC 0380936-05 07/01/2020 07/01/2021 1,000,000 (Myyandatory In NH) E.L.DISEASE-EA EMPLOYE f I, SCRIPTTON Of OPERATIONS below E.L.DISEASE-POLICY LIMIT IS 1,000,000 C Profeeeional Liability `r29594200201 12/01/2020I 12/01/2021 Each Cl-NMOVEIIAS 0K1100000 Aggro9at.: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additbnat Asounk•Schedule may to anachedll more apacabn9ulrWl ,r�ICHAEL E.GATES GHD Project No.: 11220958, City of Huntington Beach As Needed water, Sewer, And StcroM.ter'.�CITY ATTORNEY CITY OF HUNTINGfON BEACH The City, its officers, elected or appointed officials, employ..., agent., and Yolun<o... are includad as Additional Insureds as respect. to General Liability and Auto Liability where required by contract or agreement. General Liability and Auto Liability policies shall be Pumary and Non-contributory with any other insurance in force for or which my be purchased by Additional insureds whore required by contract or agreement. 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. AUTWORIZED REPRESENTATIVE City of Huntington Beach 2000 Main Street Huntington Beach, CA 9266E (� ®1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD .a Un 20627396 eATCa: 1956335 CITY OF HUNTINGTON BEACH Public Works Department Scan Crumby, PE DirccU,r of Public 1Fwkv 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 obtain Street, California 92648 • Phone 7'14S36S4,31 0 wwr� .huntingtunbeachca.gov Bid Detail Project Title RFO On-Call Water.Wastewater and Slormwaler Engineering Consulting Services Invitation 4 2020-1215 Bid Posting Date 11/062020 11:55 AM(PDT) Project Stage Closed Bid Due Date 12/152020 4:00 PM(PDT) Response Format Electronic only Link l0 Protect on map::Lpbsyelrnl Manelbl05 Cim^grtal+153d011;1013o 411,lalu780.15 Public Site Reference ID Projecl Type RFOual(Request for Qualification) 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 Reseiction None Restricted To Department Finance Address 2000 Main Street Huntington Beach,California County Orange Bid Valid Liquidated Damages Target Bid Amount Estimated Bid Value StarVDelivery Date April 2021 Project Duration 3 Years Prevailing Wage No Cooperative Bid No Piggy-backable 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 O&A Online O&A Yes 08A Deadline 11/2012020 5:00 PNI(PDT) Contact Information Contact Into Glynis Lilvak-714-5a6-5506 glynis.lilvak@surfcity.hb.org Bids to Owner's Agenl Description Scope of Services The City of Huntington Beach is seeking qualifications from Water,wastewater and Stormvrater Engineering firms.Prevailing firms will provide on call consulling services for projects to be determined during the term of 01e contract.The City will issue task orders for each project based on scope.qualifications.work schedule and fee.For(ask orders greater than$50,000 the City will typically solicit proposals for 2 or more qualified consultants. Othel Details Notes Special Notices Local Prugiams 3 Policies Documents File Tide File Name Status RFD Documents-Engineering Consultants Huntington Beech RFO_On-Call_water 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 11i06R02011:55 AA1 fPDT) 711 vendors notified Vendors CAL PACIFIC LAND SERVICES,INC.1101182) Hunsaker 3 Associates Irvine.Inc.(101185) Guide Surveying Inc.(101216) Cannon Corporation(101217) Coast Surveying.Inc.(101226) CalRecovery.Inc.(101228) Geocon Was;.Inc.(101231) Michael Baker International,Inc.(101237) Pfetler and Associates Engineers. Inc(101248) California Property Specialists,Inc.(101250) Fuscoe Engineering,Inc.(101260) Jacobs Associates(101263) Psomas(101266) URBAN RESOURCE(101279) GeoMat Testing Laboratories.Inc.(101307) GCM Consulting.Inc.(101335) 568O, Inc.(101382) BMS Communications inc(101384) Stantec Consulting Services Inc(101440) RRM Design Group 1101465) PacRim Engineering(101603) Converse Consultants(101642) Myers Houghton 3 Partners.Inc.1101560) Stantec Consulting Services Inc.(101865) David Toussig 3 Associates t 101960) AESCO.Inc.(102090) IDS Group.Inc.(102274) Stantec Consulting Services.Inc(102288) Albus-Keefe 3 Associates.Inc.(102452) ENGIobal(102698) Christiansen Pipeline,Inc,(111901) Ninvo 3 Moore(124895) The Reynolds Group 1125195) CAB Engineers.Inc.(127450) Aufbau Corp.(131147) LSA Associates.Inc.(131391) DKS Associates(131404) The Wild Horse Group(131455) FPL 3 Associates.Inc.(131564) UluaSystems Environmental I OBENVBEISBE(131609) Sam Schwanz Engineering(141117) Outsell Consulting LLC(141130) Professional Service Industries(141133) Sequoia Consultants(148176) Lewellyn Technology(155508) xyon Business Solutions,Inc.(155691) Environmental Systems Research Institute.Inc(155767) Lionakis(156417) CSG Consultants.Inc.(160448) CES Group(177596) AndersonPenna Partners,Inc.If 78015) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ w"vw.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 22, 2021 GHD, Inc. Attn: Greg Watanabe P.O. Box 54968 Irvine, CA 92618 Dear Mr. Watanabe: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and GHD, 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, 4& 44n Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ' City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ N%,%vw•huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 9, 2021 GHD, Inc. Attn: Greg Watanabe 3760 Kilroy Airport Way Long Beach, California 90806 Dear Mr. Watanabe: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and GHD, 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, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand REQUEST FOR QUALIFICATIONS FOR ON-CALL: WATER ENGINEERING, WASTEWATER ENGINEERING, STORD9NVATER ENGINEERING & PROFESSIONAL CONSULTING SERVICES Public Works Department CITY OF HUNTINGTON BEACH Released on November 6, 2020 268 ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING, STORN1WATER ENGINEERING & PROFESSIONAL CONSULTING SERVICES REQUEST FOR QUALIFICATIONS (RFQ) I. BACKGROUND The Cite of' Huntington Beach ("City') Public Works Department is seeking experienced Consultant firms to assist the City's staff in the following service category: Water, NVastwater and Stormwater Engineering Exhibit A: Pre-Qualification Form which must be completed and included in the proposal. Teaming is allowed. Qualified firms shall provide consulting services on ail "on-call" basis for projects to be determined during the term of the contract. The contract will be for a minimum 3-year tens. 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 "]'his 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 IS, 2020 proposal Evaluation Completed and Notification January 25, 2020 Approval of Contract April, 2020 3. SCOPE OF \VORK BY SERVICE CATEGORY In aencral, 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 sell' 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 EnLineering Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Preparation of plans, specifications and estimates (PSfiE) packages for water pipeline design or other related water improvements. • E'stahlish 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 (S`,'.tRCI3) division of drinking water and other separation requirements, pavement limits, surface improvements, trailic 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. • Determine 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 PS&,E 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 sigied and stamped by the en-ineer. • Preliminary Design Report. Prepare a preliminary design report (PDR) 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 infonned 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. • Providc 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 pernutting requirements. • Develop site plans, yard piping plans and sections, building layouts, mechanical plans and sections, tank plans and orientation drawings. 270 • Provide construction support services. • Provide record drawings Potable Water Nlaster 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 • ['reparation of water master plan financial plan update B. Wastewater (Sanitary Sewer): Consultant shall provide experienced personnel. equipment, and facilities to perfonn 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. • 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. • 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 lacilitics to perform the following tasks. • ['reparation of PSG E packages for stonnwater 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. 4. 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 ofconstruction 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/Fable ofContents, 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 by 17" sheets are allowed if folded to tit 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 terms 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 lailure 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. Cover Letter (2 pages max.) A cover 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 Nlanagers' 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 Fonn (See Appendix A). On Exhibit A: Pre-Qualification Form, 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 Q. (Pre-Qualification Fonn will not be counted toward the page count.) 272 EXHIBIT A: PRE-QUALIFICATION FORM ON-CALL WATER ENGINEERING & PROI-ESSIONAL CONSULTING SERVICE'S SERVICE CATEGORY PROPOSING? Y/N circle A. Water, Wastewater. and Stormwater Engineering Yes / No (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 information requested in this section must describe the qualifications of the firm and key stall'performing projects preferably within the past seven (7) years in Orange County/Los Angeles County to demonstrate competence to perR>rm these services. Information shall include: I) Summarize the firm's demonstrated capabilities, including length of time that %'our firm 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\york. 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 anv 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 • 13riel'Project description (i.e. miles of street rehabilitation, construction cost, etc.) • Project Manger on the project who also is the PM on the Proposal and Key Personnel • Start/Finish (Months & years) 4) Provide a briefsynopsis ofthe proposal summarizing the iirm'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) Staffing Provide an orzanization chart 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 ofany pertinent certifications. Upon award and during the contract period, it' 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 & Methodolouv Section This section must 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 ofefforis your firm will undertake to achieve client satisfaction. Refcr to Scope of Work of this RFQ. For similar projects the City's 2020/21 CIP can be viewed at: http://www.huntinetoiibeactica.goy/eovernmcnt/departments/Public works/capitalproiects/ E. Cost Proposal/Rate Sheet (Separate Scaled 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 Planetf3ids 6. PROCESS FOR SUBNIITTING 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. httos://www.planetbids.com/portal/portafxfm'?Connpanvl D=15340 b. Submission of Qualifications Package Complete written proposals must be submitted electronically in PIN 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 c- mailed submissions will not be accepted. c. Inquires Questions about this RFP must be directed in writing through the PlanctBids QUA tab no later than 5:00 p.m. (PST) November 20, 2020 for response. 7. EVALUATION CRITERIA The City's evaluation and selection process is based upon Qualifications Based Selection (CBS) lot- 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, i I'll eccssarv. A. Proposal Clarity - Use of teens and explanation throughout are understandable. (10 points) 13. 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 & Methodology - Firm has an understanding of the work to be done, successful implementation and shows effort in completing projects efficiently and accurately. (I5 points) A ranking will be performed with file 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 firms 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 fior clarifying the intent of any portions of' the proposal. 'I'hc 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.. http://www.huntinetonbeaclica.sov/files/users/ffin,ince/business-license-appl ication.L)dt 1-I. A Notification of Intent to Award may be sent to the Consultant selected. Award is contingent 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 nest highest scoring Consultant or withdraw the RI-Q. 8. GENERAL REQUIREMENTS 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 he met if' selected for negotiation of a contract agreement. Standard Form of Agreement ']-Ile consultant will enter into an agreement with the City based upon the contents of the RFQ and the consultant's response. The City's standard form ofaercement is included as Appendix B. The consultant shall carefully review the agreement, especially the indemnity and insurance provisions, as the standard form ofagreement 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. 276 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 ol'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 of this request, negotiate with any qualified consultant or cancel this RFQ in part or in its entirety without penalty. Assigned Representatives The Citv 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 ol' the consultant's duties from the notice-to- proceed through project completion. If the 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 rnanagcr. 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 ri,,ht 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 Zip Code: E-Mail Address: Phone: Fax: Contact Person for Proposals: Title: E-Mail Address: Business Telephone: Business Fax: Is your business: (check onc) ❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLL PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION Iof2 279 Names &C Titles of Corporate Board Members (Also list Names & Titles 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.) Citv of Huntington Beach Business License Expiration Date: 2of2 280 ATTACHMENT B Sample City Agreement 281 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF I-IUNTI-NGTON 13EACI-I AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of I-luntineton 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 1-luntin21011 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 who shall represent it and be its sole contact and agent in all consultations xyith CITY during the performance of this Agreement. ?. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. I. TERNI: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services ol' CONSULTANT are to connnence on 20_ (the "Commencement Date"). This Agreement agree/surfncVpmfessional sves mayor I o f 1 1 5119-204082 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 ofthe tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECI- if mutually agreed to in writinL, 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. CO AMA PENSATION In consideration of the performance of the services described herein. CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed 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. G. METHOD OF PAY%-LENT 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 acme/surrneVprofessional sses macor 2 of I I 5/19-204092 283 termination of this A_reement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD HARNILLSS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and aeainst 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 CONSULTAN]''s (or CONSULTANT'S subcontractors. ifany) 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. "]'his 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 CONS UL]'ANT 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 aeainst 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. In no event shall the cost to defend charged aucel surfneUprofessionaI secs mayor 3 of I I 5/19-204092 284 to CONSULTANT exceed CONSULTANT'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 13 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 CONSULTANT'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 Ten Thousand Dollars (510,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides Nvidt or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSU[ fANT shall notify CITY of circumstances or incidents that mi_ht Give rise to future claims. agrcd surfncUprofcssional secs manor 4 of I I 5/19204052 285 CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. I( 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 CITY with required proof that insurance has been procured and is in force and paid fix. 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 ol'premium. CONSULTANT shall maintain the foreg0111e insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. agrcc)surfnet/pro ressional s%cs maN or J of I I 5/19.204082 286 The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of' the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers. agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event ol'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. ASS IGNM ENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all ag e l surfnct/professional sscs mzyur 6 of I I ill 9.204082 287 approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. I4. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result oI-this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSUi-rANT 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 A r-I-N: 2000 \lain Street I-hintington Beach, CA 92648 agred surfna/professional s'cs mayor 7 of' I I 5/N-204082 288 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. IS- MODIFICATION No waiver or modification of-anv 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 ol'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 anv act contrary to law, and wherever there is anv conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which agree/su rfneUprofessiona I saes mayor 3 of I I 5/19.204092 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. DUPLICATF 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 o1'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. ININJIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply Nvith the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSUhTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal sen ices, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT- understands that pursuant to Huntington Beach Cin- 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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree surfneVprori� ional svcs mayor 9 of I 1 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 Aereement 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 hereinbelow 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. 2S. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily Hollowing 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 Agrecment. This Aereement, 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. agree/surfaet/professiomd sees mayor 10 Of I 1 5/19?04OS2 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 throueh their authorized officers. CONSULTANT, CITY OF HUNI-INGTON BEACH. a municipal corporation of the State of CO MPANYNANIF California Mayor By: print nan'c City Clerk ITS: (circleone)Chairman/PresidentN ice President AND INITIATI--D AND APPROVED: 13y: prim name ITS:S: (circle one)Secretan./Chief Financial Officer/Asst. Secretan,-Treasurer REVIEWED AND APPROVED: City Mana,,er APPROVED AS TO FORM: City Attomcv agree)surt'na/profiessional sycs mayor I I of I I 5/19-2040F2 292 EXHIBIT "A" A. S"T'A"TTE\4ENT OF WORK: (Narrative of work to be performed) 13. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONS11311-['I'IES: D. WORK PROGRAM/PRO.IECI' SCI-1EDULE: EXHIBIT A 293 EXHIBIT "B" Payment Schedule (Hourly Payment) A. I-lourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing I. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform 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. d. CONSW-TANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; 13) Describe the services performed: C) Show the total amount of the payment due. D) Include a certification by a principal member of CONS ULTANT'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 13 294 �. 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 Lill of the information required above, and in addition shall list the hours expended and hourly rate charged tor such time. Such invoices shall be approved by CITY if the work perl'ormed 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 EXHIBI"1"'B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A\ copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has continents on any such product. CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due: D) Include a certification by a principal member of CONS U LTA NT'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. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the infonnation 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 front the ongoing performance of the remainder of this Agreement. Exhibit 13 296 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents IScope of Services.....................................................................................................1 2 City StaffAssistance................................................................................................2 3 Term: Time of Pcr(<trmance.....................................................................................2 4 Compensation .........................................................................................................? 5 EStra Work..................................................................................._...._....................2 6 \-lethod of Pavment..................................................................................................3 7 Disposition of Plans. Estimates and Other Documents ...........................................3 SHold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance...................................................................._......................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement..............................................................................._......6 t3 Assienmentand Deleeation ......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................5 ISModification.............................................................................................................8 19 Section Headines .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 I nun i uration...............................................................................................................9 23 I..e_alyServices Subcontract ine Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Goycrnine Law .........................................................................................................10 27 Siiinatories................._..............................................................................................10 28 Fritirety......................................................................................................................10 29 Effective Date................................................................................. 11 297 ATTACHMENT C City's Insurance Requirements 298 CITY OP IIUNTINC. rON BEACH INSUItAIN'Cli RGQUIRGN1ENI'S N inimum Insurance Requirements Vendor Type Additional Atilt bile Professional 1'ruperty Insured Liability General Liubiliq' Liability Insurance Workers' Comp Endorsements Huntington Brach CiO-Council Resolution No. 2008-6 i regaire submittal of rertificale.c of insurance evidenrleg the following nriniau m lintitc with a California admitted carrier with it current A.M. Bew's Ruling of no 1esc than A:111L See/inhibits Al -d firr.cample fbnn.c. Lindil: .Acslin.11h•.r.ccls a0surfi'iq•-hh.erg or Phone: 71d-37d-378 or 714-536-521/1. Fax: 714-536-5212, At0•eleduclible other than those allowed in this matrix, self-insured retentions or shnilur forms of coverage limitations or nrorlifkalions must be approved by the Rick Manager and C.'ill'AI(onrrjY oJ'/he C'i(r aJ'Nuulingum /tench. NOTE: B'uirerc um(/ur nuu/ificuliuns are disennrnged and will he runsiderea!ante fouler e.t'lruordimtry• cvrunr.ctuncrs. Contractors: Any persons or entities who Nlininunn of Combined single limit As rcquircd by Include the contract with the City and/or provide services to S 1,000,000 per bodily injury:md the Slate of policy number the City which are readily available and occurrence fur property dhmtage. Caliliania, with mad Additional elficienth•procured by competitive bidding. bodily injury. Minimum of statutory Limits Insured personal injury S1,000.000 per and Employer's Endorsement t and property occurrence. Allows Liability Requirunent 1 et'ntittcc5: Any persons or entities who make d:unages. Allows up to S5,000 Insur Lice with suuentent application to the City lor:uty use of or up to S 1,000 deductible. a limit of no below. (See Note die]. of City pent upon :uty public street, waterway, deluctibin(See (Additional hr,cru•ed less than 3 below.) pier, ur City property' Now 1 below.) Eodorsenwal is a/etn's S 1,000,000 per Vendor's: Any persons or entities who tiansfcrs required with Grnerol accident liar fro iert or goods to the City which illay or Illay 1-iabiliry Ins.) bodily injury or not involve delivcr_y and/or installation, disease. (Sec Nure 2 below.) Note I - Automobile Liability: The City of Huntington Beach, iIs officers, elected or appointed ullicials, employees. agents:uxl volunteers must be nnntcd as cerlilicaw holder and as additional insured by separate anached endorsement. Permitlees who do not use vehicles or equipment in rnnnection with the permit Shall nol be required to provide auto insurance. To be exempt Gam this rcquirentent, permiuccs ❑ulsl execute a declaration such as Exhibit I attached. Note 2 - 11'urker Compensation Exemption: If entity has no employees, a signed Declaration of Non-1{ntplayee Scotus form is rcquircd. \etc 3 - Additiomd Insured Endorsement Requircmonts: The City, its o0iccrs, elected or appointed officials, anployees, agents, and volunteers are to be covered as additional insureds by separate attached cnclorsentcnt(s)as respccls liability:uising Out 01 action perlormcd by or on behalf ofthe contractor, products ;and completed operations of tlic contractor. premises owned. occupied ur used by the contractor. or autontobilcs owned. leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection allorded to the City. 299 I B Insurance Matrix revised 4-7-IG(2).xlsx I of-I CHN OP IIUNTINGTON 13EACII INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor -hype Additional Automobile Professional Property Insured Liabilily General Liability Liability Insurance Workers' Comp Flido I'se III e n is Huntington Beach C'i!I'Council Resolution No. 2008-6 9 requires.submittal of certificates of insarau•e evidencing the fbllun•ing minimum limits with a C•alifbrnia admitted carrier with a current:I.bl. Rest's Rating of no leas than A:VHH. See Lvhihitr A I -J for sample forms. Entail:Justin,ll'escels mcur/eilt•-hh.urg or!leather.Camtpbe! a.curfi•ill'-hh.org Phooe: 714-374-53 78 or 714-536-5210. Fax: 714-536-5212. Ah{r dedurlihle other than those aRnn•ed in this matrix, self-insured retentions or sintilarfbmna of'coverage lintitlrtiolm or modificafion,c muss he approved hr the Risk Manager and Chr Atlorner of the Chu of lluntinglun Beaelh. NOTE: Waivers and/or modiijkation.c are discouraged and will he considered only,under estraordinary circionstancex. Desi„n Professionals: Professional service Minimum of contractors who contract with the City and/or S 1,000.000 per provide architectural and/or engineering services occurrence and to Elie City. in the re zee. Professional Services: Services that involve Allows tip to the exercise of professional discretion and SI0,000 independent judgment based on an advanced or deductible. specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive hidding pursuant to Ii8 iNluni Code 3.02. Services includes hot arc not limited to those scrviccs provided by appraisers, architects. attorneys, engineers, instrunors. insurance advisors, physicians and other specialized consuhants. Claims made policies are acceptable it the xylicy I tither provides that: I)The policy retroactive date coincides with or precedes the professional services contractor's start of work(including subsc(Iucnt policies purchusal as renewals or replacements). 2)l-he professional services contractor will make every effort to maintain similar insurance during the required extended period nfcoverage following project completion, including the re(Juirennent of adding all additional insureds. 3) If insurance is tennimacd loran y reason, professional services contractor agrees to purchase an extended reporting provision ofat Icast two (2) years to report claims arising from work perfornned in connection with this agreement or pernhit. d) ['he reporting of circumstances or incidents that might give rise to lLlture claims. 300 11It Insurance M:nric_reciscd 4-7-16(2).slsx 2 of 4 CITY OF HUNTINGTON BEACH INSURANCE REQUIRFNIENTS Minimum Insurance Requirements Vendor Type I Additional AiM bile Professional Property Insured Liability General Liability Liability Insurance Workers' Comp Ender:sements Ihnuingrnn Reae It Citr Council Resolution Nit. 2008-0 P requtires subtthirla!of eertifecares of insurance evidencing the frdluwing minimum limits lvith a California adinitteed carrier with a current A.,lh Best'.s Raliug of no less than A:Vll. See EvIiihils A 1 -4_for sample futons. Entail:Jmstin. or Rea/bee CnutphelltesarJciti'-hh.nrg Phone: 71J-i7J-5P78 or 714-5 0-5210. Fax: 714-530-5212. Aar deductible tither than those allowed in this atalric,self-insured retentions or s ntilar forms of roverage limitations or nurdiflcatlrmr at be approved by the Risk hlanagar and Ci4•Attunun•of din Ci11'of llantinglun Bench. NOTE: Waivers and/or modifurntions are discouraged and will be considered only under extraordinary circametanees. L.icenseeS/Lessees: Any persons or entities Combined single limit Pull As required by Include the who contract with the City for the use of public bodily injury: id replacement the State of policy number property. property damage. cost with no California, with and Additional iblininuun of coinsur;utce Statutory Limits Illstlrcd S'1'010,000 per penalty and Employer's 13ndorscinent occurrence. Allows provision. Liability Requirement up to S5.000 Insurance with statement deductible. it linlit of'no below.(.SeeNore (Additional ktcm"ancc• less thall 2.) h,ndorcemeal is(1AeYn's S I.000,000 per required with General accident Inr Liabilin•his.) bodily igjury or d isetlse. (See Note l below.) Note I - Workers' Compensation Exemption: If entity has no employees, it signed Declaration of Nun-Fnlployee Status dorm is required. Note 2 - Additional Insured Endorsement Requirements: The City. its officers, elected or appointed officials, employees, agents, lull volunteers arc to be covered as additional insureds by separate attached cndorsement(s) its respects liability arising out ofaction peribrmcd by or on behalf ofthe contractor, products and completed operalions of the contactor, premises owned. occupied or used by the contractor, or auuanobiles owned. leased or bon-owed by the contractor. The coverage shall contain no special limitations on the scope ol'protection afforded to the City. 301 1111 Insurance Matris revised 4-7-16(2).slss 3 of4 CITY OF HUNTINGTON BEACH INSURANCE REQUIRF.N1ENTS Huntington Beach Citr Council Resolution No. 2008-6.3 requires suhmittal of certificates of insurance evidencing the dlneing mininuu t limits with a California admitted carrier with a current A AL Bests Rating of no less than A:VII. A tq'deductible other than those allowed in this uaric,self-insured retentions or similar fornns of coverage limitations or Modifications must he approved hr the Risk:Barger and Cip'Attorner of the Cite of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will he considered onlr under evtraordivaty circumstances. Vendor Type Minimum 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 SI0,000 deductible. engineering services to the Cite. Professional Services: Services that involve the exercise of professional discretion and independentjudgment 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 116 Nluni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects- auornc�s, engineers, instructors. insurance advisors, physicians and other specialized consultants. Claims made oolicies arc acceptable if the policy further provides that: I)'['he 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 cttort 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 terninated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2)years to report claims arising front work performed in connection with this agreement or peril i t. d) The reporting of circumstances or incidents that might give rise to future claims. 302 Ht31n5urancc Uavi.c_reviscd 4-7-16(2).xlsx 4 of Public Works Engineering On-call Water, Wastewater & Stormwater Engineering & Professional Consulting Svcs. Total Points AF TB 1H 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#5 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 910 5 9 8 7 22 9 Firm 411 10 7 9 9 26 5 Firm#12 7 10 8 8 25 6 Firm 413 8 9 9 9 26 5 Firm #14 8 10 8 9 26 S Firm #15 8 10 6 8 24 7 Firm #16 9 9 9 9 27 4 Firm #17 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 43 10 15 10 12 35 14 Firm #4 20 17 19 19 56 7 Firm 45 10 17 13 13 40 13 Firm 46 24 24 25 24 73 1 Firm 47 13 24 20 19 57 6 Firm 98 22 23 24 23 69 3 Firm #9 17 18 15 17 50 11 Firm #10 15 20 21 19 S6 7 Firm 411 23 23 23 23 69 3 Firm#12 16 19 20 18 55 8 Firm#13 15 18 19 17 52 10 Firm 414 15 18 20 18 53 9 Firm #15 2 12 13 9 27 15 Firm #16 8 17 20 15 45 12 Firm 417 21 15 22 19 S8 5 Firm#18 24 24 24 24 72 2 303 25 Staffing Firm 91 15 17 20 17 52 9 Firm#2 17 18 18 18 53 8 Firm 93 10 15 10 12 35 15 Firm 44 18 16 15 16 49 12 Firm 45 10 16 12 13 38 14 Firm #6 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 410 15 18 18 17 51 10 Firm 411 23 22 24 23 69 3 Firm 412 15 17 18 17 50 11 Firm #13 15 17 20 17 52 9 Firm 414 10 17 19 15 46 13 Firm 415 23 12 15 17 50 11 Firm #16 22 17 20 20 59 6 Firm #17 22 16 23 20 61 5 Firm#18 23 24 24 24 71 2 15 Understanding and Methodology Firm 41 12 14 12 13 38 6 Firm 42 13 14 13 13 40 4 Firm 43 10 10 5 8 25 10 Firm #4 10 14 13 12 37 7 Firm 45 12 15 7 11 34 9 Firm 46 14 15 14 14 43 1 Firm#7 14 14 13 14 41 3 Firm#8 13 15 14 14 42 2 Firm 99 12 14 12 13 38 6 Firm#10 12 14 12 13 38 6 Firm #11 13 14 14 14 41 3 Firm 412 12 15 12 13 39 5 Firm 413 15 15 11 14 41 3 Firm 414 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 #18 14 15 14 14 43 1 Total Technical Proposal Scoring AF TB LH Ave Scores Rank Firm 41 49 56 60 55 165 11 Firm #2 58 61 57 59 176 6 Firm 43 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 58 174 7 Firm 48 64 69 70 68 203 4 Firm 49 57 59 53 56 169 9 304 Firm #10 47 61 59 56 167 10 Firm #11 69 66 70 68 205 3 Firm#12 50 61 58 56 169 9 Firm #13 53 59 59 57 171 8 Firm #14 45 59 58 54 162 13 Firm #15 34 44 43 40 121 15 Firm #16 52 57 62 57 111 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 44 55 55 54 55 164 13 Firm #5 42 58 42 47 142 14 Firm #6 72 72 74 73 218 1 Firm #7 47 69 58 58 174 7 Firm #8 64 69 70 68 203 4 Firm #9 57 59 53 56 169 9 Firm #10 47 61 59 56 167 10 Firm#11 69 66 70 68 205 3 Firm#12 50 61 58 56 169 11 Firm #13 53 59 59 57 171 8 Firm #14 45 59 58 54 162 14 Firm 415 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