PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA
FOR
ON-CALL DEVELOPMENT REVIEW ENGINEERING
& PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, a California Corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to on-call development review engineering and professional 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 Robert Righetti 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.
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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 One Million Dollars ($1,000,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained
METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 25-16427/377348 2 of 11
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:
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"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.
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 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 25-16427/377348 4 of 11
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; B. state that the policy is currently in force; and
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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 25-16427/377348 6 of11
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:
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TO CITY: TO CONSULTANT:
City of Huntington Beach Engineering Resources of Southern ATTN: Director of Public Works California
2000 Main Street ATTN: John M. Brudin
Huntington Beach, CA 92648 1861 W. Redlands Blvd.
Redlands, CA 92373
17. CONSENT
When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any 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 25-16427/377348 8 of 11
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.
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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
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 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 25-16427/377348 10 of 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 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
ENGINEERING RESOURCES OF municipal corporation of the State of SOUTHERN CALIFORNIA California
By: тое Ahmadi Mayor
print name
ITS: (circle one) Chairman/President/Vice President City Clerk
AND INITIATED AND APPROVED
By:_ (
Greg Brudin Director of Public Works
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary Treasurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
Lie Valiett
City Attorney
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Development Review Engineering and Professional Consulting Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
SEE ATTACHED EXHIBIT A
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBIT A
EXHIBIT "A"
ERSC Methodology
Scope of Services
ERSC has become well-versed in the many nuances that must be observed by anyone processing applications and development and studies for approval during entitlement and plan check assignments. Our staff will rely on numerous codes, guidance documents, checklists, and standards to complete each review. This section will summarize the methods used to review assigned documents thoroughly.
Plan Check Reference Material
ERSC staff will reference different guidance materials based on the scope of the assignment (e.g., State Subdivision Map Act, Standard Specifications for Public Works Construction, Americans with Disabilities Act requirements, and the California Building Code). Other facets of a particular project, such as water quality or traffic improvements, are governed by the Construction General Permit, MS4 Permit, WQMP guidance document, Manual on Uniform Traffic Control Devices, State of California Highway Design Manual, Caltrans Standard Specifications, County Flood Control Hydrology Manual, and the United States Army Corps of Engineers Permit requirements.
Each is applied respectively and where applicable. In addition, local guidance documents such as the City Grading Notes for Improvement Plans, City Encroachment Permit Application Package, City Municipal Code, City General Plan, and Specific Plan Elements are also applied when appropriate. Conditions of Approval are also thoroughly reviewed and applied to each project.
Process Applicable to all Plans/Subdivision Maps/Studies for Entitlements The items below are incorporated as applicable during the review of any plans, maps, and studies after assignment to ERSC for review. • Review the initial submittal package for completeness. Items frequently required include a title report, geotechnical report, and conditions of approval.
• Verify ownership, review aerials and photos, and review onsite/adjacent conditions. Verify drawing content, including title block, file number, RCE signature block, benchmark, and proper drafting technique. Verify compliance with Conditions of Approval.
Verify general notes and content, construction notes, and quantities. Include project title, a list of utility companies with contact information, vicinity and index map, legal description, APN, site ownership, and addresses as applicable.
Review engineering design principles, requirements, and industry-standard practices.
Review special studies to ensure they are conceptually sound and meet City, County, and State Standards Ensure compliance with Code Requirements and Conditions of Approval, current Subdivision Map Act, County of Orange Subdivision Manual and City of Huntington Beach Zoning and Subdivision Code.
Process for Individual Improvement Plan Checking and Special Study Review The following is an outline of items that ERSC staff utilize to review specific types of plans, maps, and studies, as well as a list of commonly reviewed documents from our experience with the City. We can elaborate as requested if the evaluation committee members deem our proposal requires expansion on potential other assignments.
Entitlement Review
Review "Development Review Requests)" and prepare suggested Code Requirements and Conditions of Approval for approval by City staff, Planning Commission, and City Council.
Rough, Precise, Mass Grading Plans
Verify conformance with geotechnical report; show boundary information, easements, and adjacent lot numbers; show street dimensions, existing utilities, sewer lateral and water meter; reference pad elevations to TTM and surrounding drainage; review and verify perimeter conditions; cross-reference with street and drainage plans and final map; verify compliance with California Building Code for grading and accessibility; verify minimum slope requirements and drainage control at top of slope; verify slopes, top of grate and invert elevations on drains; verify retention basin and BMPs, show building locations/setbacks; show critical elevations; verify conformance with FEMA requirements; ensure compliance with City of Huntington Beach Municipal Code (including Section
17.05.050, "Grading and Excavation Code," City of Huntington Beach Grading Manual and City of Huntington Beach Standard Plans.
Street Plans and Alignment Review
Verify design speed, geometrics, and cross-section; show typical section with cross fall and dimensions; verify minimum/maximum street grades and cul-de-sac design; verify structural section (AC/Base); verify bearings, curve data (centerline and curb) and stationing; show stations/elevations at intersections, EC/BC and ECR/BCR; verify "join" elevations extend topography; show saw cut line and feathered paving; provide supplemental cross sections for widening; show driveway approaches and cross gutters; In the profile, show existing/proposed profile at centerline, curb left & right; show stations at begin/end construction, intersection, EC/BC and even stations; show slope, elevations at critical points and grade breaks; show the location, length, and Pl for vertical curves; show projection and length of curb returns/verify design; profile "grade to drain" and show elevations.
Storm Drain Plans
Verify size and design flow per City's Master Plan, if applicable; design per Flood Control standards; verify alignment, geometrics, and stationing; show existing utilities (OH/UG); show catch basins, manholes/junction structures and inlet/outlet structures with details when required; show, obtain, and/or verify drainage easements; show invert elevations at inlet/outlet, structures, and grade breaks; verify design flow and street capacity with hydrology study; show HGL, flow rate, and velocity for main line and lateral; coordinate with 10 ERSC Methodology
hydraulic calculations; verify coordination with regulatory agencies as required. Storm drain plans will be checked against hydrology and hydraulic calculations.
Water and Recycled Improvement Plans
Location (new tract, ROW or easement); supporting documents (hydraulic models, geotechnical); sheet layout and contents per City requirements; stations and elevations at valves, fittings, manholes, laterals and fire hydrants; show all existing and proposed utilities and appurtenances; detail/callout connection/stub out points; verify depth appropriate for pipe size/location; verify line data; ensure looping provided as applicable; show pavement limits; show location of above and underground features; detail any necessary encasements at walls and medians; show meter/service location, separations, and size; show lot lines and numbers; verify hydrant/ manhole/valve spacing, location, joints, sizes; verify DCDA spacing, location, joints, sizes; check elevations, slope, distances, stationing, size, materials, and crossings in profile; verify size per master plan; verify thrust restraint and AR/AV calculations; verify compliance with separation requirements; verify cross-connection requirements; ensure compliance with City of Huntington Beach Standards and Design Manual, American Water Works Association standards and guidelines, American Concrete Institute standards and guidelines, American Public Works Association standards and guidelines, State Water Resources Control Board (SWRCB) division of drinking water requirements and guidelines, and Air Quality Management District requirements and guidelines.
Sewer Plans
Verify size per City's master plan; verify minimum velocity and slope requirements; verify minimum lateral slopes; verify compliance with CDPH separation requirements; verify alignment and stationing; show existing utilities (OH/UG); verify minimum cover and maximum manhole spacing; show stations and elevations at manholes, cleanouts and laterals; show easements. Sewer plans shall be coordinated with the City's Sewer Master Plan for design of master plan lines.
Sewer/Water Feasibility Studies
Review City's master plan; verify tributary area; verify existing pipe size and existing flow; determine proposed pipe size; verify sewer loading and peaking factors; determine/verify EDU's, average daily flow; peak hour dry weather flow, peak hour wet weather flow; review pipe size calculations; verify d/D ratio and minimum velocity requirements; verify downstream pipe capacity.
Final Parcel and Tract Maps
Verify overall format complies with Orange County map manual; verify conformance with tentative map and conditions of approval; review and verify content of title report, vesting deed, and Schedule B documents; verify content of title sheet and required certificates; verify dedications required by conditions of approval in owners' certificate and acceptance thereof; verify survey procedure including location/description of existing monuments, review and verify closure calculations; basis of bearings, and methods of re-establishing monuments; measured and record bearings, distances and curve data; lots and streets numbered and named, lot width and depth, street dimensions and radii and cul-de-sac and knuckle design; monumentation for streets and lots, centerline intersection, EC/BC and center of cul-de-sac, distinct boundary and lot corners.
Maps, Survey/Legal Documents
Check to assure compliance with applicable provisions of the State Subdivision Map Act, Land Surveyor's Act, City Municipal Code, Conditions of Approval and other City requirements, and all other applicable state statutes and local ordinances; review of map sheets for centerline control, lot closure calculations, mathematical accuracy, surveyor notes and symbols, monumentation per City Standards, and survey procedures; review of boundary retracement procedures and title reports; review of format statements and certificates; conformance to City's preferred format and layout; review legal description for accuracy and proper acknowledgment of record and easement documents; review and verify closure calculations, revlew plat for proper identification of R/W, lot lines, easements and location of existing structures and utilities.
Title Reports
Review title report to confirm that the legal description, ownership, vesting, trustees, and beneficiarles are correctly shown; Review title insurance exceptions to confirm that rights of way and easements are correctly listed and plotted; Verify that applicable rights of way, easements, and mineral rights are correctly listed as signature omissions; Verify that subdivider has requested non-interference letters from public entities and public utility companies.
Hydrology and Hydraulics Calculations
Verify compliance with Orange County Drainage Design Standards, Hydrology Manuals, Local Drainage Manuals; verify design criteria; review and verify critical design values; review and verify model input/output and content of hydrology map; and verify narrative content. For hydraulic calculations, verify mainline, lateral, and catch basin design flow; review and verify model input/output; verify methods of analysis; review design methods of catch basins, hydraulic structures, and outlet protection; review maximum velocity, junction losses, freeboard and outlet conditions; and verify hydraulic data on storm drain plans.
Water Quality Management Plans
Verify stormwater management requirements applicable to the project, source control/site design, pollutant controls, and hydromodification management; review performance requirements for source control and site design BMPs, storm water pollutant control BMPs, and hydromodification management BMPs. For a Standard WQMP, verify project information and ownership, construction stormwater BMPs, post-construction source control BMPs, and post-construction site design BMPs. For Priority Development Projects, verify onsite pollutant control BMPs or combination BMPs, BMP selection process, and BMP sizing necessary to meet stormwater CASC Methodology
Utility Permit Reviews
Review for compliance with City and Public Utilities Commission standards. Coordinate review with public and private City projects.
Special Traffic Studies, Impact Analysis, Scoping Letters Confirm approval of scoping agreement; verlfy project characteristics; evaluate traffic forecasts and supporting data; review/verify existing conditions; review future conditions without the project, including intersections and roadway segment analyses; review future conditions with the project including intersections and roadway segments analyses; review the transportation management plan; verify/review study intersections and roadway segments; review traffic forecasting for existing conditions, future growth, ambient growth, and related projects; review/verify future changes to the transportation network; verify methodology; and, verify trip generation and distribution.
Signing and Striping, Traffic Signal Plans
Review/verification of existing utilities, subsurface and overhead obstructions; construction notes and standard plan references; review pole locations, mast arm lengths; review/evaluate conduit layout and sizing, pull box locations; verify controller location and type, service connection, and pedestal location; review pole and equipment schedule, conductor schedule and phase diagram; verify location of loop detectors or video detection zones; review/verify directional and warning signage, street name signs (illuminated v. non-illuminated); review and verify vehicle storage (queue), striping, pavement markings, and advanced warnings. Review plans against current traffic engineering design standards, guidelines, and practices; City standards for street construction; City's Guidelines for Bicycle Facilities; adhere to the City of Huntington Beach Standards and Design Manual, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, Orange County Hydrology Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and California Title 24 requirements.
Street Light Plans and Voltage Drop Calculations
Verify conformance with the Standard Specifications for street lights and drafting standards; verify location at intersections, along roadways, and placement within median islands; verify pole spacing and illumination requirements; verify pole height, mast arm length, and luminaire; verify foundation requirements and location, pedestal location, service points and availability of service; verify conduit layout, size, and material; verify circuit design; calculate voltage drop throughout system/circuit.
Engineering Cost Estimates
Verify format adheres to City requirements; verify all information called out for construction is included; check quantities against plan; verify construction notes correspond; verify correct unit costs; ensure contingency included; provide civil engineer's stamp and signature.
Structural Review (Structures and Walls)
Review Geotechnical report and recommendations; review/verify design methods and assumptions; verify design criteria (i.e., bearing pressure, passive pressure, wind loads); review and verify calculations and factor safety; verify footing dimensions, steel, and grout requirements; verify and evaluate existing/proposed improvements; verify field conditions and constraints; review/evaluate geotechnical data, limits of flooding; review alignment/geometry for compliance with accepted criteria, Caltrans requirements; review design and location/spacing of spread footings/pilings; review design and location of abutments and wing/retaining walls; Evaluate drainage and drainage mitigation.
Erosion and Sediment Control Plans
Verify plan adheres to City requirements; verify WDID Number; verify perimeter protection; verify inlet protection; check BMPs with CASQA recommendations; verify retention basin and BMPs, show building locations/setbacks perimeter walls and retaining walls; verify stabilized construction entrance; verify equipment staging areas; verify materials storage areas; ensure offsite inlet protection where applicable.
Storm Water Pollution Prevention Plans
Verify proper format and content; verify QSD certification and Legally responsible person; verify SWPPP requirements and content of Notice of Intent; review and verify project information, risk level determination, and non-stormwater discharges; review and evaluate best management practices and BMP inspection & maintenance requirements; review training requirements and responsible parties; review & evaluate monitoring and reporting requirements, sampling, analysis, and QA/QC requirements; review references documents.
Soils Reports and Geotechnical Reports
Review and comment on private project geotechnical and geology reports including but not limited to soil stability, soil composition, liquefaction, compaction, foundations, etc.; review road structural calculations and any trench backfill recommendations; development of geotechnical and geology reports for limited special public projects, as well as peer review of geotechnical and geology reports; Hes is real alberishs witten om prepare review comments and conditions of approval of soils reports in a written format that is acceptable to the City; review responses to review comments provided by the developer's soils engineer; work with developer's soils engineer to resolve issues generated by review comments; attend meetings with the City, developers, builders, engineers, and consultants in a timely manner to resolve issues generated during the report review process or during construction; review soils reports submitted by the developer's soils engineer for proposed changes during grading; provide technical support to the City for geotechnical engineering and geologic related issues on an as-needed basis; provide grading inspection services on an as-needed basis to ensure compliance with City approved plans and standards.
12 ERSC Methodology
Project Review Schedule
The City of Huntington Beach prides itself on the punctuality of its plan check process. ERSC understands that many projects are of utmost importance to stakeholders and, often, the City. We are ready and able to meet the City's advertised schedule as outlined in Submittal Standard Plan Review Plan Submitta
Ist Submittal 14 business days
Electronic/Review Schedule
2nd Submittal 10 days
Will Begin at Pickup
Subsequent Submittals 7 days
For expedited project review, the following schedule will apply.
Expedited Plan Beyiew Plan Receipt Expediting Fee
50% of Standard Plan Review As soon as possible/Electronic 150% of Standard Fee Procedure
Comprehensive Electronic Record Keeping: All plan check and inspection information is saved on our network for access. Redlines, transmittals, emails, supporting documents, and tracking logs are all available to ERSC staff in a central location.
ERSC City of Lake Elsinore
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Plan Check Software & Bluebeam REVU: ERSC utilizes Bluebeam Review to perform all plan check redlines. The software allows for clarity, precision, and speed in performing -testate redlines for plan check projects. ERSC has utilized Bluebeam in various capacities since tW Engineered
2017, with complete migration of our team to the software in 2020. As a result, ERSC's team can quickly adapt and onboard any of the City's preferred software for reviewing *curre par Totix
and documenting plan checks.
Comment Memo: As a part of the plan Calais beatoe
check process, ERSC summarizes all plan
check comments in a memo format. Most
frequently, our comments are summarized
by sheet or section number and accompany
vainer
the redlines with delivery. Some additional
comments are occasionally included in
tenterte even.
the memos when requesting further
information or compliance with certain
0 cmatia
conditions of approval. The memo is
compiled in Word format to allow the
engineer of record to reply to any ERSC
comment.
o master
Internal Tracking and Assignment: ERSC
assigns plan check to internal staff utilizing
our dedicated plan review software
platform. Plans are assigned to an engineer
with the applicable due dates, notes, and
ERSC Methodology
other information. Upon review completion, the engineer will assign to QA/QC, who will review and add other comments as necessary.
When QA/QC is complete, the QA/QC will assign to admin staff for package and electronic delivery. Use of this system allows ERSC to monitor status on a per-client and per-project basis to allow for adherence to established schedules and quality expectations.
Electronic Capabilities: ERSC successfully provides electronic plan check delivery to most clients by utilizing our internal Sharefile system. The current system allows for delivery, receipt and City access to files, developer restrictions to only their files, and notifications of uploads and deliveries. City staff have been provided usernames and access files as needed for reference. ERSC uses this system to provide 24/7 access to the City.
Task Order Accounting: ERSC utilizes Deltek Ajera (ERP), a Financial Management System that tracks time and expenses in real-time.
ERSC assigns an individual phase number to each task in the system using the City's tracking/file information and the project name.
Then, each team member completes a timesheet in the system against the assignment's phase number. Upon invoicing, the City can reference each project's charges by City tracking/file information, the project name, and an overall cost accounting for the billing ERSC Plan Check Process
Engineer
of Record City EOR City tERSC
(EOR)
Nolifies City of New Request Project Pay Associated Plan Notify ERSC of New Project Create projoct folder in Project for Plan Check Information and Check Fees. for Plan Check, provide FTP system, provide link submitial. Calculate/Collect Fees. project info and Engineer for plan submittal to Contact Email to ERSC. Engineer of Record.
Continue as needed for subsequent reviews.
EOR/City ERSC ERSC ERSC EOR/City
EOR/City
Upload to link provided Download redlines, Upload redlines and Initiate review of Project. Retrieve plans, enter into Upload Plans and by ERSC, notify ERSC make corrections, supporting info to FTP internal tracking and/or supporting information of resubmittal. resubmil to ERSC. Site, send download link accounting systems. to ERSC provided link. to Engineer of Record/City.
Final Design
tRse EOR ERSC ERSC City
ERSC determines plans Submit to ERSC physical Draft Approval Letter, Submit Signed & Receive documents, process complate, ERSC requests mylar/original with Engineer Supervising Professional Stamped mylar/original for permit/internal approval. signed mylar/original from of Record signature. Sign & Stamp mylar/original. to City Offices.
Engineer of Record/City: Or electronic mylar package;
Cily to confirm preference.
Additional Services
ERSC is accustomed to providing additional assistance services as a part of Plan Check services. Some of the commonly provided services are outlined below.
City Surveyor
ERSC acts as City Surveyor for numerous Cities in the Southern California region. As such, Robert Ollerton, PLS, can serve as City surveyor. ERSC's representative will sign and stamp maps on behalf of the City.
Traffic/Transportation Engineering
ERSC's in-house traffic engineer, Rusty Beardsley, PE, TE, can serve as Traffic Engineer during the course of a contract with the City. He will review traffic and transportation planning documents on behalf of the City and recommend for approval. 14 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
1. 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;
Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
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 1 Exhibit B
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. 2 Exhibit B
EXHIBIT "B"
ERSC
Engineering Resources of Southern California, Inc, I Schedule of Rates Professional Staff NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent President... .... $320.00
increase in California Consumer Price Index-All Urban Consumers Vice President.. . $275.00
for the twelve-month period ending February as calculated by the Sr. Principal Engineer. . $270.00
California Department of Industrial Relations (CADIR) California Principal Engineer.. $240.00
Consumer Price Index Calculator. Prevailing Wage Rates are Assistant Principal Engineer $225.00
dictated by the CADIR. All classifications which are subject to Engineer V .... $205.00
Prevailing Wages will be adjusted when revised determinations Engineer IV . $185.00
are published by the CADIR.
Engineer III.. ... $170.00
Engineer li ... .. $155.00 otherwise established by contractual Engineer l. . $135.00 payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is Engineering Staff not completed within agreed terms, Client agrees to pay a service Principal Engineering Associate. ..... $220.00 charge on the amount past due at the rate of 1.5% per month Senior Engineering Associate .. ...... $200.00 (18% per annum).
Engineering Associate V.. .... $175.00
Engineering Associate IV $150.00
Engineering Associate III. . $140.00
Engineering Associate II. ..$125.00
Engineering Associate I. ..$120.00
Engineering Aide II... ...$70.00
Engineering Aide l. . $65.00
Survey Staff and Services
Principal Surveyor .... $225.00
Senior Surveyor ... .... $185.00
Surveyor III ..... ..... $150.00
Surveyor II .... $130.00
Surveyor l ...$110.00
2-Man Survey Crew (Std Equipment/Truck) ... $320.00
1-Man Survey Crew (Std Equipment/Truck) ... $250.00
3rd Man on Survey Crew.. ... $140.00
Construction Support Staff
Construction Manager ...$225.00
Chief Construction Inspector. ....$175.00
Sr. Construction Inspector ...$165.00
Construction Inspector.. .. $150.00
Inspector Overtime (Hours 8-12/Saturdays) ...$200.00
Inspector Overtime (Hours 12+/Sundays).. .... $235.00
Administrative Staff
Operations Manager .... $125.00
Operations Specialist. ... $105.00
Administrative Assistant I|
- 385.00
Administrative Assistant /
Other Direct Expenses
Vehicle Mileage.... $0.70/Mile
Subconsultant. Cost + 20%
Reimbursable Expenses/Charges Cost + 15%
Forensic Analysis Standard Rate X 2
Expert Witness... Standard Rate X3
January 1, 2025
VCK.
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Redlands CA 92373 INSURER D:
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LTR TYPE OF INSURANCE
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OWNED ] SCHEDULED BODILY INJURY (Por accident) s
AUTOS ONLY AUTOS
HIRED NON-OWNED ROPERTY DANIAG
AUTOS ONLY AUTOS ONLY Per accider
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
B TWORKERS COMPENSATION 72WEGGG6371 9/1/2024 911/2025
AND EMPLOYERS LIABILITY YIN
VYPROPRIETOR/PARTNER/EXECUTN E.L. EACH ACCIDENT $1,000,000
FFICER/MEMBEREXCLUDED IN/ A
EL. DISEASE - EA EMPLOYEE $ 1,000,000
DESCRIPTION OF OPERATIONS below ELL. DISEASE - POLICY LIMIT$1,000,000 AEC908006405 9/1/2024 91112025 Each Clalm
Aggregate 85.00,000
Actional sure coverage apies to General Liably and Aune Labily for l outing each so ers, elected or appolinted fidals, By:
MICHAEL J. VIGLIOTTA
CITY ATTORNEY
CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH
THE EXPIRATION DATE THERE NOTE SEE DELORED E
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0Ó0 Main S AUTHORIZEO REPRESENTATVE
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