PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ENVIRONMENTAL ENGINEERING & CONTRACTING, INC.
FOR
ON-CALL ENVIRONMENTAL ENGINEERING CONSULTING
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ENVIRONMENTAL ENGINEERING & CONTRACTING, INC., a California Corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on-call General Environmental Engineering Consulting; 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 John Schaffer who shall represent it and be its sole contact and agent in all consultations with 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.
22-12035/295998 1 of 17
TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on = 20_ (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 three (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 Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein.
COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Hundred Thousand Dollars ($600,000.00).
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.
METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-12035/295998 2 of17
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.
HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above:
22-12035/295998 3 of 17
"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 defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
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 22-12035/295998 4 of 17
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.
CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the 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; state that the policy is currently in force; and
22-12035/295998 5 of 17
C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance 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 22-12035/295998 6 of 17
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified mail-return receipt requested:
22-12035/295998 7 of 17
TO CIT: TO CONSULTANT:
City of Huntington Beach Environmental Engineering & Contracting, ATTN: Director of Public Works Inc.
2000 Main Street ATTN: John Shaffer
Huntington Beach, CA 92648 1 City Blyd West, Suite 1800 Orange, CA 92868
17. CONSENT
When CITY's consent/approval required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any 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 22-12035/295998 8 of 17
neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT.
22-12035/295998 9 of 17
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terns 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 shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that 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 22-12035/295998 10 of 17
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. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement.
CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality.
30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality.
CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 22-12035/295998 11 of 17
1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975(42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seg) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seg) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.
CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22).
31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process.
CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637).
CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by:
(a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
22-12035/295998 12 of 17
(b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;
(d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and
(e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
32. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID
CONTRACTS
It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders.
CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract.
33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID
CONTRACTS
CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 22-12035/295998 13 of 17
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements.
For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request.
34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACI
CERTIFICATION FOR FEDERAL-AID CONTRACTS
CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office.
CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office.
35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:
22-12035/295998 14 of 17
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action.
36. NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 22-12035/295998 15 of 17
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
37. 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. 22-12035/295998 16 of 17
CONSULTANT, CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
ENVIRONMENTAL ENGINEERING & California
CONTRACTING, INC.
Mayor
By:
Tha shatter
print name City Clerk
ITS: (circle one) Chairman/President/Vice President
INITIATED AND APPROVED:
AN
cun
By:_ Hom shatter Director of Public Works
print name
ITS: (circle one) Secretay/Chief Financial Officer/Asst. REVIEWED AND APPROVED:
Secretary - Treasurer
City Manager
22-12035/295998 17 of 17
EXHIBIT "A"
General
1. Prepare, assist, and review Preliminary Environmental Studies.
2. Review of project plans and specifications.
3. Perform field investigations.
4. Provide site assessment and preliminary studies.
5. Prepare and review engineering analysis reports.
6. Prepare and review technical and research studies.
7. Process and review Grant and Federal Funding Applications.
8. Assist in the development of City specifications.
9. Provide training to City staff on various environmental review processes.
Water Quality
1. Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems.
2. Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations.
3. Perform inspections of food service establishments under the Fats, Oils, & Grease (FOG) Control Program.
4. Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable regulatory agencies.
Monitoring and Inspections
1. Perform maintenance, monitoring, and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies.
2. Provide testing and sampling of various constituents and media.
Studies and Reports
1. Prepare reports and studies that utilize sound practical environmental engineering analysis and principles.
2. Prepare documentations that comply with applicable regulatory agency requirements for permitting.
3. Review 3rd party reports and studies and provide City staff with comments and recommendations.
Grant Applications
1. Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects.
EXHIBIT A
Preliminary Engineering
1. Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative.
2. Prepare Preliminary plans, cost estimates, engineering details, and support calculations.
Construction Documents
1. Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents.
Permits
1: Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required.
Bidding Stage
1. Assist the City in answering bidders' questions, attend pre-bid conferences, and job walks, prepare addendums, and analyze bids.
Construction Stage
Attend pre-construction conferences.
2. Monitor construction schedule, visit construction sites as required for progress and quality of evaluation.
Assist the engineer, contractor, construction manager/contract administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders.
4. Prepare "as-built" drawings.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule:
SEE ATTACHED EXHIBIT B
B. Travel Charges for time during travel are not reimbursable.
C. Billing
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.
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 CONSULTANȚ'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.
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
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: EEC Environmental El Prime Consultant Subconsultant • 2nd Tier Subconsultant Project No. On-Call Engineering Services . Contract No. Participation Amount: Date: March 15, 2022 For Combined Rate
Fringe Benefit % + General & Administrative % = 0.00% Home Office iC% OR
For Home Office Rate
Fringe Benefit % + General & Administrative % = S 155.00%.: Home Office ICR% For Field Office Rate
Fringe Benefit % + General & Administrative % = 0.00% Field Office CR% FEE % = 15.0%
BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates Effective date of Hourly Rate Hourly Range for Name / Job Title / Actual or Avg % or $
Classifications
Classification Straight® OT (1.5x) OT (2.0x) From To Hourly Rate* Increase Only
Joseph Jenkins 190.00 222.39 254.79 5/1/2022 12/31/2022 64.79 0% N/A Project Manager 199.50 233.51 267.53 1/1/2023 12/31/2023 68.03 5.00% N/A 209.47 245.18 280.90 1/1/2024 12/31/2024 71.43 5.00% N/A 219.94 257.44 294.94 1/1/2025 12/31/2025 75.00 5.00% N/A 230.93 270.31 309.68 1/1/2026 12/31/2026 78.75 5.00% N/A 242.49 283.83 325.18 1/1/2027 12/31/2027 82.69 5.00% NIA Will Shaffer, PE 200.00 234.10 268.20 5/1/2022 12/31/2022 68.20 N/A Alternate Project Manager 245.80 281.61| 1/1/2023 12/31/2023 71.61 5.00% N/A 258.09 295.68 1/1/2024 12/31/2024 75.19 5.00% N/A
271.00 310.47 1/1/2025 12/31/2025 78.95 5.00% NIA
284.55 326.00 1/1/2026 12/31/2026 82.90 5.00% N/A
342.32 1/1/2027 12/31/2027 87.05 5.00% N/A
David Bernier, PG 310.20 355.38 5/1/2022 12/31/2022 90.37 0% NIA Principal In-Charge 325.71 373.15 1/1/2023 12/31/2023 94.89 5.00% N/A 341.98 391.79 1/1/2024 12/31/2024 99.63 5.00%
359.07 411.38 1/1/2025 12/31/2025 104.61 5.00% N/A
377.03 431.95 1/1/2026 12/31/2026 109.84 5.00%
395.87 453.54 1/1/2027 12/31/2027 115.33 5.00% NA
January 2020
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: EEC Environmental El Prime Consultant • Subconsultant • 2nd Tier Subconsultant Project No. Or-Call Engineering Services Contract No. Participation Amount: $ Date: March 15, 2022 For Combined Rate
Fringe Benefit % + General & Administrative % = 0.00% Home Office ICR% OR
For Home Office Rate
Fringe Benefit % + General & Administrative % = :155:00% Home Office ICR% For Field Office Rate
Fringe Benefit % + General & Administrative % = 0.00% Field Office CR% FEE % = 15.0%
BILLING INFORMATION CALCULATION INFORMATION
Name / Job Title / Hourly Billing Rates Effective date of Hourly Rate Hourly Range for Actual or Avg % or $
Classification' Straight? OT (1.5x) Hourly Rate* Increase Classifications OT (2.0x) From To
Only
Baltazar Maidonado 134.98 158.00 181.01 5/1/2022 12/31/2022 46.03 0% N/A Compliance Inspector 141.73 165,89 190.06 1/1/2023 48.33 NIA 12/31/2023
174.20 199.57 1/1/2024 12/31/2024 50.75 N/A
182.92 209.56 1/1/2025 12/31/2025 53.29 NIA
192.05 220.02 1/1/2026 12/31/2026 55.95 N/A
201.66 231.03 1/1/2027 12/31/2027 58.75 N/A
Sr. Staff 140.46 160.92 5/1/2022 12/31/2022 40.92 NIA
147.49 168.98 1/1/2023 12/31/2023 42.97
154.87 177.43 1/1/2024 12/31/2024 45.12 NIA
138.94 162.63 186.32 1/1/2025 12/31/2025 47.38 NA
145.89 170.77 195.64 1/1/2026 12/31/2026 49.75 NIA
153.19 179.31 205.43 1/1/2027 12/31/2027 52.24 N/A
Drafter 130.00 152.16 174.33 5/1/2022 12/31/2022 44.33 N/A 136.51 159.78 183.06 1/1/2023 12/31/2023 46.55 N/A
143.34 167.78 192.22 1/1/2024 12/31/2024 48.88 N/A
150.50 176.16 201.82 1/1/2025 12/31/2025 51.32 N/A
158.03 184.98 211.92 1/1/2026 12/31/2026 53.89 5.00% N/A 165.92 222.50 1/1/2027 12/31/2027 56.58 5.00% N/A
January 2020
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: EEC Environmental E Prime Consultant Subconsultant • 2nd Tier Subconsultant Project No. On-Call Engineering Services Contract No. Participation Amount: Date: March 15, 2022 For Combined Rate
Fringe Benefit % + General & Administrative % 0.00% Home Office ICR% OR
For Home Office Rate
Fringe Benefit % + General & Administrative % = 155.00%.. Home Office ICR% For Field Office Rate
Fringe Benefit % + General & Administrative % = 0.00% Field Office ICR% FEE % = 15.0%
BILLING INFORMATION CALCULATION INFORMATION
Name / Job Title / Hourly Billing Rates Effective date of Hourly Rate Actual or Av! % or $ Hourly Range for Classification' Increase Classifications
Straight? OT (1.5x) | OT (2.0x) From To lourly Rate
Only
Staff Engineer 150.00 175.57 201.15 5/1/2022 12/31/2022 51.15 0% NIA 157.50 184.36 211.21 1/1/2023 12/31/2023 53.71 5.00% NIA 165.39 193.59 221.79 1/1/2024 12/31/2024 56.40 5.00% N/A 173.66 203.27 232.88 1/1/2025 12/31/2025 59.22 5.00% N/A 182.34 213.43 244.52 1/1/2026 12/31/2026 62.18 5.00% N/A 191.46 224.11 256.75 1/1/2027 12/31/2027 65.29 5.00% N/A
January 2020
... .... ...
!
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal :
EXHIBIT 10-H2 COST PROPOSAL Page 3 013*
Certification of Direct Costs:
1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
7. Generally Accepted Accounting Principles (GAAP)
8. Terms and conditions of the contract
9. Title 23 United States Code Section 112 - Letting of Contracts
10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
12.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: John Shafter Title*: CEO
Signature: Date of Certification (mm/dd/yyyy): 03/16/2022 Email: [email protected] Phone Number: Z14-667-2300 Address: 1 City Blvd. W. STE 1800, Orange, CA. 92868
* An individual execulive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the List services the consultant is providing under the proposed contract:
E - Environmental Engineering
January 2020
{EEC
ENVIRONMENTAL
2022 Fee Schedule
PERSONNEL CHARGES
The charge for all time required for the performance of the Scope of Work, including office, field and travel time, charged at $75 per day. Mileage is billed at the will be billed at the hourly rate according to the labor current rate established by the Internal Revenue classifications set forth below: Service plus mark up. Per Diem is billed at a unit cost of $75 per day (except in high cost markets,
which will adhere to GSA rates). Airfare, lodging,
Labor Classification Hourly Rate
cost plus 15%.
Jr. Staff Engineer/Geologist/Scientist $120
Staff Engineer/Geologist/Scientist $150 Field Equipment Sr Staff Engineer/Geologist/Scientist $165 Field Equipment is billed at standard unit costs. Rate Project Engineer/Geologist/Scientist - 1 $190 schedules are available upon request.
Project Engineer/Geologist/Scientist - I! $200
Sr Project Engineer/Geologist/Scientist - I $220
Sr Project Engineer/Geologist/Scientist - I| $240 Subcontractors and Reimbursables Principal Geologist $265 The costs of subcontractors, materials, equipment Principal $265 rental and costs incurred will be charged at cost plus Project Assistant $110 15%.
Technician $115
Drafter $130
Sr Technician $135 Other Project Charges
$135 The cost of additional report reproduction and
Compliance Inspector special project accounting will be billed as Technician GIS/Technology $110
Analyst GIS/Technology $125 appropriate. Plotting plans are charged by size, Sr Analyst GIS/Technology $140 black and white or color, and by the number of Specialist GIS/Technology $150 copies supplied.
Sr Specialist GIS/Technology $160
Supervisor GIS/Technology $175
Director/GIS Technology $190 Shipping and Postage
Construction Technician $95 Shipping charges include couriers and the postage Construction Field Supervisor $115 necessary will be charged at cost plus 15%.
Construction Manager $120
Sr Construction Manager $155
Technical Editor $115 Interest Charges
Interest on late payments will be charged at the rate
Emergency response will be charged at a rate of 1.5 of 1.5% per month. times the standard hourly rate.
Payment Terms
When EEC Staff appear as expert witnesses at court Net 30 days apply to all work performed and rials, mediation, arbitration hearings and depositions invoiced unless superseded by a specific executed heir time will be charged at 2.0 times the standard rate contract.
All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments.
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: Michael Baker International, inc. • Prime Consultant E Subconsultant • 2nd Tier Subconsultant Project No. On-Call Engineering Services Contract No. Participation Amount: S Date: March 14,2022 For Combined Rate
Fringe Benefit % + General & Administrative % 0.00% Home Office ICR% OR
For Home Office Rate
Fringe Benefit % + General & Administrative % Caltrans Acceptance in one-Ofice 147.71% Home Office ICR% | For Field Office Rate
Fringe Benefit % + General & Administrative % 0.00% Field Office CR% FEE % = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates Effective date of Hourly Rate Hourly Range for Name / Job Title / Actual or Avg % or S
Classifications
Classification Straight OT (1.5x) OT (2.0X) From To Hourly Rate 4 increase Only
Mercier, Dave; PE,CGP/IGP ToR 277.49 N/C N/C 5/1/2022 12/31/2022 101.84 0% N/A Project Principal 291.36 N/C N/C 1/1/2023 12/31/2023 106.93 5.00% N/A Exempt 305.94 N/C N/C 1/1/2024 12/31/2024 112.28 5.00% N/A 321.23 N/C N/C 1/1/2025 12/31/2025 117.89 5.00% N/A
337.28 N/C N/C 1/1/2026 12/31/2026 123.78 5.00% N/A
354.14 N/C N/C 1/1/2027 12/31/2027 129.97 5.00% N/A
Beck, Richard; CEP, PWS, CPE 349.59 N/C N/C 5/1/2022 12/31/2022 128.30 0% N/A 367.09 N/C N/C 1/1/2023 12/31/2023 134.72 5.00% N/A
Technical Manager 385.45
N/C N/C 1/1/2024 12/31/2024 141.46 5.00% N/A
404.72 N/C N/C 1/1/2025 12/31/2025 148.53 5.00% N/A
424.96 NIC N/C 1/1/2026 12/31/2026 155.96 5.00% N/A
446.21 N/C N/C 1/1/2027 12/31/2027 163.76 5.00% N/A
Alan Ashimine 267.74 N/C N/C 5/1/2022 12/31/2022 98.26 0% N/A Technical Manager 281.12 N/C N/C 1/1/2023 12/31/2023 103.17 5.00% N/A Exempt 295.18 N/C N/C 1/1/2024 12/31/2024 108.33 5.00% N/A 309.95 N/C N/C 1/1/2025 12/31/2025 113.75 5.00% N/A
325.45 N/C N/C 1/1/2026 12/31/2026 119.44 5.00% N/A
N/C N/C 1/1/2027 12/31/2027 125.41 5.00% N/A
352.72
Chen, Terrence; PE, QSD/P N/C 5/1/2022 12/31/2022 92.65 0% N/A Senior Engineer 265.07 N/C N/C 1/1/2023 12/31/2023 97.28 5.00% N/A
2022
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: Michael Baker International, Inc. Prime Consultant El Subconsultant • 2nd Tier Subconsultant Project No. On-Call Engineering Services Contract No. Participation Amount: $ Date: March 14,2022 For Combined Rate
Fringe Benefit % + General & Administrative % = 0.00% Home Office ICR% OR
For Home Office Rate
Fringe Benefit % + Generai & Administrative % = 147.71% • Home Office 1CR% For Field Office Rate
Fringe Benefit % + General & Administrative % Field Office CR% FEE % = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Name / Job Title / Hourly Billing Rates Effective date of Hourly Rate Hourly Range for Actual or Avg % or $
Classification' Classifications
Straight? OT (1.5x) OT (2.0x) From To Hourly Rate* Increase Only
Exempt 278.31 N/C N/C 1/1/2024 12/31/2024 102.14 5.00% N/A 292.24 N/C N/C 1/1/2025 12/31/2025 107.25 5.00% N/A
306.84 N/C N/C 1/1/2026 12/31/2026 112.61 5.00% N/A
N/C N/C 1/1/2027 12/31/2027 118.24 5.00% N/A
Sidor, Andrew; PE, QSD/P, CPE N/C N/C 5/1/2022 12/31/2022 85.83 0% NIA Senior Engineer - Water N/C N/C 1/1/2023 12/31/2023 90.12 5.00% N/A N/C N/C 1/1/2024 12/31/2024 94.63 5.00% N/A
N/C N/C 1/1/2025 12/31/2025 99.36 5.00% N/A
N/C N/C 1/1/2026 12/31/2026 104.33 5.00% N/A
N/C 1/1/2027 12/31/2027 109.55 5.00% N/A
Wong, Derek; AICP 195.18 N/C
5/1/2022 12/31/2022 71.63 0% N/A
ren Preparation 204.93 N/C 1/1/2023 12/31/2023 75.21 5.00% N/A 215.18 N/C N/C 1/1/2024 12/31/2024 78.97 5.00% N/A
225.94 NIC N/C 1/1/2025 12/31/2025 82.92 5.00% N/A
237.25 N/C N/C 1/1/2026 12/31/2026 87.07 5.00% N/A
249.10 N/C N/C 1/1/2027 12/31/2027 91.42 5.00% N/A
Serafini, Dino 173.16 204.94 236.71 5/1/2022 12/31/2022 63.55 N/A Technical Specialist 181.83 215.19 248.56 1/1/2023 12/31/2023 66.73 5.00% N/A Non-Exempt 190.93 225.96 261.00 1/1/2024 12/31/2024 70.07 5.00% N/A 200.46 237.25 274.03 1/1/2025 12/31/2025 73.57 5.00% N/A
2022
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: Michael Baker international, Ine. • Prime Consultant • Subconsultant • 2nd Tier Subconsultant Project No. On-Call Engineering Services Contract No. Participation Amount: S Date: March 14. 2022 For Combined Rate
Fringe Benefit % + General & Administrative % = 0.00% Home Office CR OR
For Home Office Rate
Fringe Benefit % + General & Administrative % 147.71% Home Office /CR% For Field Office Rate
Fringe Benefit % + General & Administrative % 0.00% Field Office ICR% FEE % = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Name / Job Title / Hourly Billing Rates Effective date of Hourly Rate Hourly Range for Actual or Avg % or $
Hourly Rate* Classifications
Classification' Straight OT (1.5x) OT (2.0X) From To Increase Onlv
210.49 249.12 287.74 1/1/2026 12/31/2026 77.25 5.00% N/A 221.01 261.56 302.12 1/1/2027 12/31/2027 81.11 5.00% N/A Tidweil, Tim; PWS, SUAS 159.95 N/C N/C 5/1/2022 12/31/2022 58.70 0% N/A Project Manager 167.96 N/C N/C 1/1/2023 12/31/2023 61.64 5.00% N/A Exempt 176.35 N/C N/C 1/1/2024 12/31/2024 64.72 5.00% N/A 185.18 N/C N/C 1/1/2025 12/31/2025 67.96 5.00% N/A
194.44 N/C N/C 1/1/2026 12/31/2026 71.36 5.00% N/A
204.17 N/C N/C 1/1/2027 12/31/2027 74.93 5.00% N/A
Liu, Leo 125.50 148.53 171.56 5/1/2022 12/31/2022 46.06 0% N/A Assistant Engineer 131.77 155.95 180.13 1/1/2023 12/31/2023 48.36 5.00% N/A Non-Exemp 138.37 163.76 189.15 1/1/2024 12/31/2024 50.78 5.00% N/A 145.29 171.95 198.61 1/1/2025 12/31/2025 53.32 5.00% N/A 152.56 180.56 208.55 1/1/2026 12/31/2026 55.99 5.00% NA 160.19 189.59 218.98 1/1/2027 12/31/2027 58.79 5.00% NA Dorado, Aldrin; EIT 119.18 141.05 162.92 5/1/2022 12/31/2022 43.74 0% NA ssistant Enginee 125.15 148.12 171.08 1/1/2023 12/31/2023 45.93 5.00% NA ton-Exeme 131.42 155.53 1/1/2024 12/31/2024 5.00%
179.65 48.23 N/A
37.9 163.30 188.62 1/1/2025 12/31/2025 50.64 5.00% N/A
44.8 171.46 198.05 1/1/2026 12/31/2026 53.17 5.00% N/A
152.13 180.04 207.96 1/1/2027 12/31/2027 55.83 5.00% NIA
2022
...
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsuitant: Michael Baker International, Inc. • Prime Consultant El Subconsultant • 2nd Tier Subconsultant Project No. On-Call Engineering Services Contract No. Participation Amount: Date: March 14,2022 For Combined Rate
Fringe Benefit% + General & Administrative% = 0.00% Home Office ICR% OR
For Home Office Rate
Fringe Benefit % + General & Administrative % 147.71% Home Office ICR% For Field Office Rate Caltrans Accepa ce 1D 202e-0tice
Fringe Benefit % + General & Administrative % 0.00% Field Office ICR% FEE % = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Name / Job Title / Hourly Billing Rates Effective date of Hourly Rate Actual or Avg "Hourly Range for % or $
Classifications
Classification' Straight OT (1.5x) OT (2.0x) From To Hourly Rate* Increase Only
Rodriguez, Raul 111.72 132,22 152.72 5/1/2022 12/31/2022 41.00 0% N/A Assistant Engineer 117.30 138.83 160.35 1/1/2023 12/31/2023 43.05 5.00% N/A Non-Exempt 123.16 145.76 168.36 1/1/2024 12/31/2024 45.20 5.00% N/A 129.32 176.78 1/1/2025 12/31/2025 47.46 5.00% N/A
135.78 160.69 185.61 1/1/2026 12/31/2026 49.83 5.00% N/A 168.72 194.88 1/1/2027 12/31/2027 52.32 5.00% N/A
Kim, Hyun "Aaron;" EIT 131.93 152.38 5/1/2022 12/31/2022 40.91 0% N/A Assistant Engineer 117.06 138.54 160.02 1/1/2023 12/31/2023 42.96 5.00% N/A Non-Exempt 122.92 145.47 168.03 1/1/2024 12/31/2024 45.11 5.00% N/A 176.44 1/1/2025 12/31/2025 47.37 5.00% N/A
185.27 1/1/2026 12/31/2026 49.74 5.00% N/A
142.32 194.55 1/1/2027 12/31/2027 52.23 5.00%
Lapitan, Marionne; EIT, ENV SP 107.49 146.94 5/1/2022 12/31/2022 39.45 0% NA Assistant Engineer 112.85 154.28 1/1/2023 12/31/2023 41.42 5.00% N/A Non-Exempt 118.50 161.99 1/1/2024 12/31/2024 43.49 5.00% N/A 124.41 170.07 1/1/2025 12/31/2025 45.66 N/A
130.63 178.57 1/1/2026 12/31/2026 47.94 5.00% N/A
137.17 187.51 1/1/2027 12/31/2027 50.34
Torres, Angel; EIT 106.35 145.38 5/1/2022 12/31/2022 39.03 N/A Assistant Engineer 111.66 132.15 152.64 1/1/2023 12/31/2023 40.98 N/A
2022
...
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 10f2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: Michael Baker International, Inc. Prime Consultant Subconsultant • 2nd Tier Subconsultant Project No. On-Call Engineering Services Contract No. Participation Amount: $ Date: March 14. 2022 For Combined Rate
Fringe Benefit % + General & Administrative % = 0.00% Home Office ICR% OR
For Home Office Rate
Fringe Benefit % + General & Administrative % 147.71% Home Office ICR% Caltrans Acceptance ID D2021-0820
For Field Office Rate
Fringe Benefit % + General & Administrative % 0.00% Field Office ICR% FEE % = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates Effective date of Hourly Rate Actual or Avg Hourly Range for Name / Job Title / % or :
Hourly Rate* ncrease Classifications
Classification' Straight? OT (1.5x) OT (2.0x) From To Only Non-Exempt 117.25 138.76 160.28 1/1/2024 12/31/2024 43.03 5.00% NA 123.11 145.70 168.29 1/1/2025 12/31/2025 45.18 5.00% N/A 129.26 152.98 176.70 1/1/2026 12/31/2026 47.44 5.00% N/A 135.72 160.63 185.53 1/1/2027 12/31/2027 49.81 5.00% N/A Notes:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing age requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
2022
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 2 of 3
SPECIFIC RATE OF COMPENSATION
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: Michael Baker International, Inc. • Prime Consultant • Subconsultant Project No. On-Call Engineering Services Contract No. Date: 3/14/2022 Description of Item Total
Mileage Costs Mile $0.585 At Cost
Reprographics, Delivery, Postage/Shipping At Cost
Permit Fees At Cost
Plan Sheets At Cost
At Cost
Vehicle (Company, Rental) At Cost
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
NOTES:
1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles
9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
2022
.. ...
Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H1 Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL (Page 3 of 3)
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract.
3. Title 23 United State Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compllance must be retained in the project files and be in compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement Prime Consultant or Subconsultant Certifying:
Name: Michael Bruz Title*: Vice President
Signature: Date of Certification (mm/dd/yyyy): 3/10/2022 Emall: [email protected] Phone Number: 949-855-3640 Address: 5 Hutton Centre Drive, Suite 500; Santa Ana, CA 92707 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utllized to establish the cost proposal for the contract.
List of services the consultant is providing under the proposed contract:
Professional Engineering, Design, and Survey Services
City of Huntington Beach On-Call Services
Michael Baker International, Inc.
Hourly Rate Schedule
office Personnel
Principal $ 260.00
Senior Project Manager $ 250.00
Project Manager / Environmental Manager 230.00
Technical Specialist 220.00
Principal Pianner/ Senior Environmental Specialist 200.00 Public Finance / Grant Programs 185.00
Senior Engineer / Senior Planner 180.00
Biologist $ 175.00
Project Engineer / Senior GIS Analyst / Project Planner $ 165.00 -
Senior Designer / Survey Analyst $ 160.00
Environmental Specialist / GIT Analyst / GIS Analyst $ 155.00 Designer / Design Engineer / Planner / Environmental Analyst 135.00 Design Technician / Graphic Artist $ 120.00
Assistant Engineer / Assistant Planner $ 110.00
Environmental Associate / GIS Associate $ 105.00
Engineering Aid / Planning Aide $ 90.00
Office Support/ Clerical $ 80.00
$ 65.00
intern
Note: Reproduction, messenger service, and other direct expenses will be charged at direct cost. Vehicle mileage will be charged as an additional cost at the IRS approved rate.
(Michael Baker
2022
INTERNATIONAL
C.K.
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MADDYYYY) 10/31/2022
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
MPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorse I SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsements).
ONTACT
PRODUCER GMGS Risk Management & Insurance Services NAME Jennifer Barton 6201 Oak Canyon, Suite 100 PHONE FAC. No):
949-559-3394 949-559-6703
Irvine, CA 92618 E-MAIL
ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #I
www.gmgs.com 0884519 INSURER A: Great Divide Insurance Company. 25224 INSURED INSURER B: American Fire and Casually Company 24066 EEC Environmental INSURER C: Nautilus Insurance Company. 17370 dba: Environmental Engineering & Contracting, Inc.
One City Boulevard West, Suite 1800 INSURER D: Insurance Company of the West 27847 Orange CA 92868 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 71040250 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.
ADDL SUBR •OLICY EX
LTR TYPE OF INSURANCE INSD WVD. POLICY NUMBER LIMITS
A COMMERCIAL GENERAL LIABILITY GL.P2006942-20 10/31/2022 10/31/2023 EACH OCCURRENCE $5,000,000
DAMAGE TO RENTED
CLAIMS-MADE V OCCUR PREMISES (Ea occurrenco) $300,000
MEO EXP (Any one person) $25,000
PERSONAL & ADV INJURY 55,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY LOC PRODUCTS - COMP/OP AGG 35,000,000
OTHER:
AUTOMOBILE LIABILITY BAA(23)58333458 10/31/2022. 10/31/2023 COMBINED SINGLE LIMI Ee eccident). $ 1,000,000
ANY AUTO APPROVED AS TO FORM
OWNED SCHEDULED
AUTOS ONLY
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY
BY: MICHAEL E. GATES
UMBRELLA LIAB CITY ATTORNEY EACH OCCURRENCE
OCCUR
CITY OF HUNTINGTON BEACH
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
D WORKERS COMPENSATION WSD506576100 5/24/2022 5124/2023 OTH- / SAUTE!
AND EMPLOYERS' LIABİLITY
E.L. EACH ACCIDENT $1,000,000
EL. OISEASE - EA EMPLOYEE $ 1,000,000
es, describa und
DESCRIPTION OF OPERATIONS belo EL. DISEASE - POLICY LIMIT $1,000,000 Pollution Liability 009002200 10/31/2022 10/31/2023 Each Poll Occurrence $5,000,000 Professional Liability Each Prof Liab Claim $5,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Romarks Schodule, may bo allached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach HE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN 2000 Main Street CCORDANCE WITH THE POLICY PROVISION:
Huntington Beach CA 92648
AUTHORIZED REPRESENTATIVE
(APE)
Griff Griffith
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 71010250 | 22-23 N/G/0/Po11/E60/NC | Jennifer Harton | 10/31/2022 8:40:51 AM (PDT) | Page 1 of 3 AGENCY CUSTOMER ID:
LOC#:
ACORD® ADDITIONAL REMARKS SCHEDULE Page of
AGENCY
GMGS Risk Management & Insurance Services
POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Huntington Beach
ADDRESS: 2000 Main Street Huntington Beach CA 92648
elected or appointed officials, employees, As reed ot Generaed orbidays, verdog the cy Huntingto see a id a Additional Insured per CG20101219 and CG20371219 attached, and this insurance is primary per CG20011219 attached.
ACORD 101(2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD ADDENDUM 74516440 | 22-23 A/G/U/Po11/B&O 23-24 WC | Jennifer Barton | 5/23/2023 9:33:46 AM (PST) | Page 2 of 3 dea. Environmental Engineering & Contracing, lac.
COMMERCIAL GENERAL LIABILITY
GLP2006942-20
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 74516440 | 22-23 A/G/U/Poll/ESO 23-24 WC | Jennifer Barton | 5/23/2023 9:33:46 AM (PST) | Page 3 of 3