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HomeMy WebLinkAboutCannon Corporation - 2021-06-01 ego r&J 6 o i (0,eT/2 A016*-r l t City of Huntington Beach File#: 21-308 MEETING DATE: 6/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Development Review Engineering and Professional Consulting Services with Ardurra Group, Cannon Corporation Derek J. McGregor, and HR Green Pacific Statement of Issue: The Public Works Department requires on-call plan check and other engineering services for as- needed support staff to assist with private development plan check and general engineering support services. Financial Impact: Funding for the first year use of these contracts is provided in the Fiscal Year (FY) 2020/21 budget in General Fund account 10085251.69365 and Water Fund account 50685201.69365, Subsequent funding will be requested as part of the annual budget submittal/approval process. No funds will be expended on these contracts unless they are approved in the City's annual budget. No additional funding is required by the recommended actions. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc., for On-Call Development Review Engineering and Professional Consulting Services; and, 3119/,vA & -�(, B) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services Contract between the City of Huntington Beach and Cannon Corporation for On-Call Development Review Engineering and Professional Consulting Services: and, C) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services Contract between the City of Huntington Beach and Derek J. McGregor, Inc., for On-Call Development Review Engineering and Professional Consulting Services�S�x aOe&, 7-U 1�r4 D) ' ^ Hk&REEE J PRUF110 Alternative Action(s): City of Hunikvton Beach Page 1 of 3 pla qt 5126 1 File #: 21-308 MEETING DATE: 6/1/2021 Do not authorize the contracts and direct staff accordingly. Plan check times are likely to increase and service levels are likely to decrease until new contracts are approved. Analysis: Applicants who submit private development projects to the Public Works Department are required to pay fees for plan check and development review services. Reasonable service levels are expected in return. Historically, when development activity increases such that City staff can no longer meet these demands, staffs efforts are supplemented by services provided by consulting engineers. This approach is a cost-effective method of closing the gap between the demands for service and the ability of City staff to meet these demands, while maintaining high-quality customer service levels. Development activity is expected to increase in the coming years. In anticipation of this demand, on December 21, 2020, the City advertised a Request for Qualifications (RFQ) for On-Call Development Review Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code (HBMC), "Professional Services." Sixteen (16) proposals were received. In accordance with qualifications-based selected procurement, per the Federal 'Brooks Act," State SB 419, and the HBMC, the Public Works Department established a three member review board to evaluate and rank these proposals. The proposals were generally quite impressive and the selection process very competitive. Following proposal evaluation, the review board then interviewed the teams representing the six highest- ranking proposals. References were also checked for these six firms and their key staff. Following this selection process, staff is recommending that on-call contracts be awarded to the top four (4) firms, as follows: Ardurra Group, Inc., Cannon Corporation, Derek J. McGregor, Inc., and HR Green Pacific, Inc. Funding for these services is provided through development fees collected for these projects. The proposed on-call contracts will be used only if development demand exceeds City staff resources, necessitating the need for supplemental help from any of these consultants. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc., for On-Call Development Review Engineering and Professional Consulting Services 2. Professional Services Contract between the City of Huntington Beach and Cannon Corporation for On-Call Development Review Engineering and Professional Consulting Services 3. Professional Services Contract between the City of Huntington Beach and Derek J. McGregor, City of Huntington Beach Page 2 of 3 Printed on WM2021 p wefecffij L"istar^' File #: 21-308 MEETING DATE: 6/1/2021 Inc., for On-Call Development Review Engineering and Professional Consulting Services 4. Professional Services Contract between the City of Huntington Beach and HR Green Pacific, Inc., for On-Call Development Review Engineering and Professional Consulting Services 5. Professional Services Award Analysis City of Huntington Beech Page 3 of 3 Printed on 52612021 p Iacg%Lwistarl- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CANNON CORPORATION FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING AND 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 Cannon Corporation, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide 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 3A3, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE,RI FORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Larry Kraemer, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance ofthis Agreement. 21-9520rz52262 I of 11 5/I9-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to Jcommence on U/It/ I , 20 -12J (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 one year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five Hundred Thousand Dollars ($500,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 21.9520252262 2 of 11 5/19-204092 7. DISPOSITION OF PLANS. ESTINIATES 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 lit. 8. 1-I01-1) HARNILESS A. CONSULTANT hereby agrees to protect. defend, indemnify and hold harmless CITY, its of'licers, elected or appointed officials, employees. agents and Volunteers from and against any and all claims. damages, losses, expenses, judgments, demands and defense costs (including, \vithout 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 ol-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 willf-ul misconduct of- CITY. CONSULTANT- will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT NT'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: 21-9520Le52262 3 of I 1 5119-204082 "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 anV 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 indenmify, including the duty and the cost to defend. is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies. CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The 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 CONSULTANI-'s professional liability in an amount not less than One Million Dollars (SI.000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 21-952OP52262 4 of 11 5119-204082 policy "deductible" of Ten Thousand Dollars (SI0,000.00) 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 eves) 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 ef7ect 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. CERTIPtCATE 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 police is currently in force; and 21-9520052262 5 of I I 5/19-20-4082 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. CONSUi-TANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is filly completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONS ULTANT'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 hercinabove 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 anv, 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 CONSUL:fANT's services hereunder at any time with or without cause, and whether or not the PROJECT is filly 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 21-952Or52262 6 Of I I 5/19-204032 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. [fall 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. ld. COPYRIGFITS/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 EMPLOYEE'S 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 I hercinaboyc) 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 pang via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 21-9320r152262 7 of I i ;119-204082 TO CITY: TO CONSULTANT: City of 1-luntington Beach CANNON CORPORATION. ATTN: Debbie Debow A17N: Larry Kraemer 2000 Main Street 1050 Southwood Drive Huntington Beach, CA 92648 San Luis Obispo, CA 93401 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 Nvaiver 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 arc included solely fir convenience of reference only and are not representative of'matters included or excluded from such provisions, and do not interpret. define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void. illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 21-1)520rz52262 8 of, 1 1 sn9 204us2 neuter gender and singular or plural number shall be deemed to include the other whenever the contest so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute. law, ordinance or regulation contrary to which the parties have no right to contract. then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements 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 (lummigron Beoch Cilv Charier Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-952On52262 9 of 11 5119-204082 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 pan shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL "berms 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 indemnifv CITY full 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 lorth in this 21-952Or52262 10 of 11 5119-20-4082 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, CANNON CORPORATION CITY OF HUNTINGTON BEACH, a municipal co ration of the State of Califo is r print nam ITS: (circle one/Chairm residrn ice President City Clerk D INITIA AND AY VED: LyLylfer%re Pe By: r s ITS: (circle nn ec e-hief Financial OfRcer!Assl. hector o Secretary-Treasurer VIE ND PR City Manager APPRO)ED AS TO FORM: %- ny Attomey 21.9320/252262 11 of 11 5/19.204082 EXHIBIT A UNDERSTANDING AND METHODOLOGY Cannon is a full-service engineering, surveying, and and associated impacts. Building on excellent construction management firm with over 135 leaders communications will allow us to more easily define and technical specialists. The City can draw from our problem areas, technical requirements, and to facilitate development review engineering and professional a smooth review and approval process. consulting services. As the City requires expertise and resources from multiple disciplines to address the Within our highly skilled staff of engineers, project services from the RFQ. managers, QA/QC team, and constructability reviewers are personnel that take their chosen profession Understanding very seriously. This team strives for the highest quality of service for each project review. Our plan Cannon understands that the general development check engineers are also experienced designers that plan check review services include review of utilize local, regional, and other applicable design the conditions of approval, review of reference standards on a day-to-day basis, so we can confirm material, review of agency/municipality standard the improvement plans and associated reports and plans and plan check requirements, accessibility, documents will meet the current applicable codes and constructability/clarity, maintenance, and general standards. design. We understand that there may be a schedule of turnaround time-frames, as established by the City, and As part of our project controls, Cannon will scan we will strive to not exceed the City's predetermined plan checks for record keeping purposes until plans total plan check cycles. receive final approval by the City. A record of when plans are received and returned to the City will also be Cannon understands that development review plan kept in our plan check log. Excellent communications check services will be performed by or under the will allow us to define questionable areas, technical responsible charge of a California licensed professional requirements, and to facilitate a smooth review and engineer eligible to prepare and sign such plans. approval recommendation process. Methodology Cannon has gained an understanding of the gY potential scope of work for this project from our Cannon's approach to project review success in prior experience, which includes rough grading, providing exceptional development plan check services precise grading, hydrology and hydraulics, street to the City encompasses many facets of teamwork, improvements, street lighting, erosion control, communication, quality control/quality assurance, SWPPP, lot line adjustments, utility easements, project understanding and intent, budget constraints, map recordation, etc. General plan checking review close coordination with City's staff, utility purveyors services will include review of the conditions of and any other stakeholders that may be affected by the approval, review of reference material, review of designated project within this contract. agency and municipality standard plans and plan At the top of this important list of factors that will lead check requirements, accessibility, constructability, to project success is effective communication between maintenance, and general design. our internal review team and the City's Project Extensive coordination is required between the Manager and staff. This is to confirm that we provide different City departments and engineer of record the City with the support they are looking to reduce to confirm quick turnaround times. We, as the City's the impact to politically sensitive areas or disruption Plan Check Engineer, will do everything possible to to the general public's ability to navigate within City's expedite the services process. Cannon understands proposed project limits. The closest possible rapport plan checking will follow a set schedule of turnaround will be developed with the City's Project Manager to time-frames as established by the City and will strive to understand special budget constraints, time schedules, not exceed City's predetermined number of total plan check cycles. Should an occasion arise where a plan Facilitating the Plan Check Process check is expected to exceed the City's predetermined We understand the concern, need, and desire to number of cycles, Cannon will inform the City's potentially complete plan checks within a certain engineering staff and a meeting will be coordinated number of plan check cycles. It has been our by the City with Cannon and the developer to resolve experience that when three plan checks or more are outstanding issues. required, there is potentially an issue or concern that has not been addressed up front or there has been a Development Plan Checking and breakdown in communication. We have experienced Entitlement Review Services success in the past by implementing the following approach: Cannon also understands that, at a minimum, plan check services will be provided in conformance with • Timely and complete technical reviews of the the most current version of the following documents submitted plans and associated reports. and standards as applicable: • Sound record keeping and documentation of • City of Huntington Beach Standard Plans when plan reviews are submitted, and returned, correspondence files, meeting minutes (if • Standard Plans, Landscape Standard Plans, Grading necessary), plan check mark-ups and reference Ordinance and Grading Plan Check Requirements materials. When plan corrections are required, a • California Building Codes related to site accessibility written plan correction list will be provided to the • Orange County Hydrology Manual applicant, or the applicant's agent(s). • Orange County Local Drainage Manual • Upon the City's permission, communication between plan reviewer(s) and the Engineer/Architect of • County of Orange Standard Plans Record through phone calls, e-mails, faxes and/or • Standard Specifications for Public Works plan check review meetings, will occur as needed. Construction, BNi Keeping our client and the project owners informed • Standard Plans for Public Works Construction, BNi through CC's of review memo's, e-mails, and plan check logs. • FEMA Guidelines • ADA Standards for Accessible Design Record Keeping and Reporting • LID component of the National Pollutant Discharge Through years of experience, we have developed Elimination System (NPDES) Permit streamlined procedures that produce timely, accurate, and consistent plan reviews. Improvement Plans • Approved Specific Plans, Site Plans, Environmental submitted will be logged into a plan check log. The Documents, and/or Tentative and Final Maps plan check log tracks the engineer of record, types of • Traverse, Lot and Tract Boundary Closures for final or improvement plans submitted, date submitted, due parcel maps date to be completed, and any significant comments • Subdivision Map Act or submittal requirements outstanding for that plan review. Cannon will provide regular updates (and as • Grants, easements, or vacations as applicable requested by the City) of the status of plan reviews • Conditions of Approval and Title Reports to report progress and anticipated return dates of • Orange County Regional Board NPDES permit outstanding plan check projects. • Model WQMP Turnaround Time • Orange County Technical Guidance Document Plan review turnaround timeframes will vary with the complexity or scope of the project. Upon our initial review of the plan check package that arrives at our office, if additional time is determined upon our review, we will contact the City's Project Manager to provide an explanation for the request for time extension and obtain approval (if necessary). • Dev elopment Review Engineering&Professional Consulting Services Cannon Expedited reviews, although not typical, are anticipated will provide review of subdivision improvement and we are open to having discussions with the City projects, which would include review of easements and executing these types of reviews, if necessary. It and right-of-way dedications; lot line adjustments; is noted that the City's website currently states the tract and parcel maps; title and closure reports; and City is not accepting requests for expedited plan check applicable plans and recommendations, as well as any services. other related reports and recommendations to confirm constructability considering site constraints, design Potential Scope of Services requirements, and existing conditions. Typically, tasks would include initial site assessments, review of plans, Grading Plans and review of reports. Cannon will perform review of rough grading plans for substantial conformance to the approved documents Hydrology and Hydraulics from the entitlement process, including but not limited Cannon will provide preliminary design review of to tentative map, drainage concepts (hydrology and hydrology/hydraulics technical reports for proposed hydraulics), Preliminary Water Quality Management private development projects, and attend City design Plan, etc. Review of precise grading plans consists of review meetings as necessary. Cannon will apply our verification of detailed finish grade elevations to show current plan check experience on drainage projects drainage patterns, flow lines for lot drainage, proposed with the City's specific requirements, such as 1) paving, and that grading plans are signed and sealed verifying the new site development will not place by a Registered Civil Engineer, and may also include additional stress on the existing drainage system, 2) identifying previous preliminary grading permits issued verify storm frequency of 100 years will not exceed the for the project site. ultimate street right-of-way and 3) sump conditions will carry a 100-year storm frequency and have a Development Plans/Permit Applications secondary "emergency overflow" outlet. Additionally, Cannon will review and provide comments and we will verify proposed finished floor elevation of recommendations for approval development plans, residential buildings are at a minimum of one foot permit applications, and associated studies. We have higher than a 100-year flood. experience plan checking improvements including, but not limited to, the following: street, ADA, drainage, Utility Permit Review hydrology and hydraulics, grading (both rough and Cannon will maintain our approach to utility plan precise), erosion and sediment control, sanitary sewer, check review of dry utilities for permit approval, which other joint utility, street lighting, and water quality. we're currently performing for the City. This approach consists of: 1) utilizing the City's internal utility plan Coordination is closely monitored by Cannon check log to document plan intakes; 2) utilize the City's throughout the plan check process, including the use GIS and Laserfiche system to confirm City utilities, of plan check logs, timely City communication, and such as water and sewer, are shown on the utility electronic file sharing and team communication tools. plans match the City's record information/drawings; Additional details for a few of the plan check review 3) review utility plans to verify no conflict with other types follows below. utilities, verify conduits are placed under the sidewalk instead of the street, verify installation of conduits Entitlement Review are done via directional bore instead of open trench, Cannon will review project "Development Review and verify compliance with City standards, such as Request" and prepare suggested Code Requirements City standard 109, 4) verify the street is not under the and Conditions of Approval for City staff, Planning City's three year moratorium. Excavation not allowed Commission and/or City Council approval. in the 12 months of the 36 month moratorium; and 4) interdepartmental coordination with the City's Subdivision Maps traffic department (Darren Sam) to confirm that all Easements and Right-Of-Way Dedications, Lot Line plan submittals include a traffic control plan, water Adjustments, Tract and Parcel Maps, Topographic and department (Lill Hernandez) and construction manager Field Survey Data, Title and Closure Reports: Cannon (Joe Dale). For electronic plan submittals, Cannon CannonOn-Call Development Review Engineering&professional Consulting Services utilizes Bluebeam to provide red-line markups on the Water Quality Management Plans (WQMP) PDF plans. We will continue to coordinate with utility Cannon will review the WQMP Report submittals to companies such as MCI, Crown Castle Fiber, SCE, SoCal confirm compliance with the 2011 Orange County Gas, Frontier, AT&T, Verizon, and Spectrum. We will be Model Water Quality Management Plan (Model the main point-of-contact with utility designers during WQMP), the 2013 Orange County Technical Guidance the plan check process. We will visit the site on an Document (TGD) and local jurisdictional runoff as-needed basis to confirm existing site conditions. management program. Our review of each WQMP submittal will consist of identifying the process that Street Improvement Plans Permittees will employ for developing a Water Quality Cannon will review street improvement plans, provide Management Plan for new development and significant comments and recommend for approval. We will check redevelopment projects for compliance with City adopted standard drawings, specifications, ADA standards and applicable regulations We review each project proponent to implement a using Cannon's in-house plan check list or as provided Program that requires structural Best Management by City staff. Services will include initial and subsequent b des ( ) on all Priority Development Projects reviews, full or partial plan review services, interaction to on to be designed, constructed, and maintained to with the City and recommendations to the City staff remove pollutants storm water meet the criteria , for final approval. To confirm adequate document set forth in the Model WQMP, TGD and any existing preparation, we will attend project status meetings with Hydromodif cat on Management Plan (HMP). the City staff (upon request) and with others as required Our review will include, but not be limited to the to discuss status and/or details of the project. following: Water and Sewer Plans • Correctness of project address, description, site Cannon will perform review of wet utility plans, information, the owner's information or the person consisting of sewer, water and storm drain. This signing for the certification of ownership included, but is not limited to, verifying conformance • Verify the Condition of Approval is addressed in the to the City design standards, constructability of the proposed WQMP Report proposed wet utility design improvements considering . Confirm if Hydrologic Condition of Concern (HCOC) site constraints, design requirements, corrosion exists and verify the receiving waters protection requirements, existing conditions, confirm labels and calculations of pipe slopes, pipe size, material • Verify the Potential Stormwater Pollutants on the and hydraulic data. Additional items for review include, project verification of basic separation standards for water • Verify LID BMP selection and project conformance mains and sanitary sewers/storm drains in compliance analysis with the California Waterworks Standards and California . Conform LID BMPs follow the hierarchy of infiltration, Department of Public Health criteria to prevent evapotranspiration, harvest/re-use, and biotreatment contamination of the public water supplies, verification of pressure zone boundaries, if necessary, for water • Verify that Non-Structural and Structural Source Control BMPs are incorporated in the report and onto improvements, confirmation of existing storm drain and sewer structure capacities, identify potential utility WQMP Site Plan conflicts, and compare manhole rim elevation versus • Verify if the project qualifies for Water Quality Credits pad elevations. • Confirm that BMP Inspection and Maintenance Schedule are listed, and the Responsible Party and the minimum frequency of activities are tabulated in the report • Verify that the final Submittal for Recordation of WQMP Report includes all necessary documents DevelopmentEngineering&Professional consulting Services Cannon Quality Assurance/Quality Control overview oj Cannon's r Quality Assurance/Quality Control Program With your project's main plan check objectives in mind, our Project Manager will implement Cannon's Review WPR Design Checklist Quality Assurance/Quality Control Program. Cannon has earned a strong reputation for product delivery Prepare Draft Work Product and professional service. We have built and continue to develop internal control processes that incorporate peer review and progress reporting to help projects Team Review of Draft Work meet established design and review guidelines, Product Using WPR Checklist remain within budget, and stay on schedule. We take a proactive approach to project management, with an Team Returns Work emphasis on project and review process familiarity, Product to Pvt open communication, quality and cost control, and project scheduling. Processes include a Work Product Review (WPR) Program, project "Look Backs;' Project r _ — _ Prepare Final Work Product Progress Reviews, plan check checklists, and an Earned Value Analysis (EVA) program. Review Team Checks Fin al In addition, we employ cost savings strategies that I Work Product Using WPR have been effective in managing projects for public and I Checklist and Comments private industry clients. These strategies may include: cost benefit analysis and value engineering reviews; I alternative technologies review or innovative approach I analysis; and the use of plan check review control logs. L If not complete... f complete... Our work flow incorporates Quality Review processes to ensure compliance with standards, and that our Provide to Client/Agency engineering services are accurate, efficient, and fully for Review/Approval meet our clients' expectations. We place an emphasis on "Getting it Right the First Time" To assist in this area, Cannon uses Deltek Vision Management System as our accounting and project Deliverables management database. With this system, we have We recognize the importance of providing accurate, detailed records of labor, subconsultant, and other detailed, and high quality deliverables. It is critical that direct costs and breakdowns by task and project plan check redlines and the comment letter clearly milestones. The records are organized by project and illustrate the necessary information to produce a project phase. successful project. Many of our Cannon design staff have also worked in our Construction Management This software allows Cannon project managers to Department, gaining meaningful insight on the employ an Earned Value Analysis (EVA) program importance of well-defined plans, specifications, and for many of our more complex projects. Budgets bid item quantities. Our Project "Look Backs" are not and progress are reviewed monthly and EVA's are only conducted from the designer perspective, but also performed as required by the project schedule: from our managers perspective, to further develop our monthly, bi-weekly, or weekly. EVA is a method for design team's accuracy in work products. managing projects based on the regular comparison of actual project costs to planned costs and to completed Deadlines and Schedules work. The phrase, earned value, comes from the Responsiveness and timeliness are qualities you deserve concept that when a deliverable is completed, its value on every project. Our team of professionals will provide has been earned. services to you that meet or exceed your expectations. We understand the importance of meeting project schedules and plan check deliverable deadlines. Development Engineering&Professional Consulting Services Cannon EXHIBIT B Cannon Hourly Rates Effective January 1, 2021 through December 31, 2021 PERSONNEL HOURLY RATE Principal $255 Engineering Manager $240 Survey Manager $226 Senior Project Manager $220 Project Manager $210 Senior Associate Engineer $187 Associate Engineer $165 Senior Project Engineer $158 Project Engineer $144 Design Engineer $130 Engineering Assistant II $95 Engineering Assistant 1 $88 Project Designer $120 Senior Plan Check Engineer $172 Plan Check Engineer It $145 Plan Check Engineer 1 $130 Senior Land Surveyor $199 Land Surveyor 111 $176 Survey Technician IV-VI $ 145.00-165.00 Survey Technician 1-III $110.00-135.00 2-Man Field Crew $255 2-Man Field Crew Prevailing Wage $295 Business Services Administrator 1-II $95 The stated rates are subject to change, typically on an annual basis. REIMBURSABLE COSTS • Including: reproductions: deliveries; travel;meals and lodging; facsimiles. models, renderings and photos: Mylars;and CDs, not included in scope of work. • Reimbursable costs will be billed at cost plus 15% • Automation 8 Electrical Materials will be billed at cost plus 10%. • Subconsultant fees will be billed at cost plus 10%. • Standard Mileage will be billed at the current IRS standard mileage rate Airplane Mileage will be billed at the current GSA rate per mile. • If the client requests, or the client's schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends and a multiplier of 2.0 for daily hours in excess of 12 and holidays. • If the client requests field services to be provided outside of normal working hours (between 6:00 p.m. and 6:00 a.m.),a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday,a multiplier of 2.0 will be applied to the stated rates and on or around an observed holiday, other rates may be applied. • Survey Crews and Automation Field staff are billed portal to portal, and mileage charges are included in the hourly rate. A minimum charge of 4 hours will be charged for any Automation Field Service calls outside of normal working hours(between 6:00 p.m. and 6:00 a.m.). ALBERT GROVER & ^SS 'ATES SCHEDULE OF HOURLY RATES Effective January 1, 2020 President $ 275 Vice President $ 250 Director of Project Development $ 250 Principal Transportation Engineer $ 225 Senior Transportation Engineer $ 200 Senior Design Engineer/Senior Project Development Manager $ 185 Advanced System Integrator $ 180 Senior Associate/Senior Project Engineer $ 175 Transportation Engineer/System Integrator $ 170 Senior Signal Systems Specialist/Construction Inspector $ 165 Design Engineer/Signal Systems Specialist $ 150 Associate Transportation Engineer 111 $ 140 Associate Transportation Engineer II $ 135 Associate Transportation Engineer 1 $ 125 Project Coordinator $ 120 Associate Engineer II $ 115 CADD Operator/Associate Engineer 1 $ 110 Assistant Transportation Engineer/Assistant Project Coordinator $ 90 Traffic Enumerator, Engineering Aide 11 S 75 Engineering Aide 1 $ 50 Council/Commission Meetings, Hearings, etc. (Billing Rate+$50 Surcharge) $ 1,000 Expert Witness (Billing Rate + $50 Surcharge) $ 1,000 Expert Witness - Deposition/Court (Billing Rate + $100 Surcharge) $ 1,000 Subconsultants will be billed at cost plus 20% Conditions of Usoae: The above rotes are typically effective for a 11-month period, but AGA maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the then current billing rates. This will not affect any agreed upon total or not-to-exceed fees. INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. FINANCE CHARGES MAY BE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10%ANNUAL PERCENTAGE RATE. '1'RANSPORT:VI'ION CONSULTING ENGINEERS 211 E. Imperial Fh�y.,Suite 208.Fullerton,CA 92838 (714)992-2990 FAX(714)9922-2883 E-Mail:agacnitx;rtgrovcr.wm 7f o� GEOTECHNICAL GROUP, INC. L Soil Engineering A Geology • Environmental FEE SCHEDULE JANUARY2020 _SERVICES Geotechnical Engineering LOR Geotechnical Group, Inc. provides geotechnical engineering services, including: preliminary geotechnical investigations, foundation investigations, percolation feasibility investigations, liquefaction evaluation investigations, as well as grading observation materials testing services. Geological LOR Geotechnical Group, Inc. provides geological services, engineering geology investigations, seismic setting studies, slope stability investigations, liquefaction susceptibility investigations, hydrology/water resource studies, and bedrock rippability evaluations. Environmental LOR Geotechnical Group, Inc. provides, environmental site assessments, underground storage tank investigations and remediation investigations, groundwater monitoring systems, soil and groundwater sampling and analysis, and environmental studies for property transfers. All costs for Geotechnical Engineering, Geological, and Environmental Services are based on the site and investigative parameters requested. FEES The hourly personnel charges and laboratory test unit rates are as follows: Personnel Charges-Hourly Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00 Project Engineer/Geologist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $145.00 Staff Engineer/Geologist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 Soil Technician/Deputy Inspector (Field or Laboratory) ' $90.00 Soil Technician/Deputy Inspector (Prevailing Wage) ' . . . . . . . . . . . . . . . . . . . . . . $114.00 . . . . . . . . . . . . . . . . Traffic Control (Prevailing Wage) ' . . . . . . • . • I . . • . • • • • • . $104.00 Drafting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85.00 Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 Laboratory Testing Charges - Unit Costs CT 202: Sieve Analysis (Soil) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85.00 CT 202: Sieve Analysis (Aggregate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00 CT 202: #200 Sieve Wash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60.00 CT 205: Crushed Particle Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 CT 211: LA Rattler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220.00 CT 213: Organic Impurities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 CT 217: Sand Equivalent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 CT 217: Sand Equivalent -QC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 CT 226: Moisture Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 CT 227: Cleanness Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 CT 229: Durability Index Fine/Coarse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $230 .00 CT 301: R-Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 CT 305: Swell Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 CT 307: Moisture Vapor Susceptibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $160.00 6121 Quail Valley Court • Riverside, CA 92507 • (951)653-1760 • (951) 653-1741 (fax) • w .lorgeo.00m CT 308 & CT 366: Asphalt Concrete Density & Stability/Rubberized . . . . . $200.00/$250.00 CT 308: Asphalt Concrete Density/Rubberized $120.00/$170,00 CT 309: Asphalt Concrete Theoretical Maximum Density . . . . . . . . . . . . . . . . . . . $130.00 CT 366: Asphalt Concrete Stability/Rubberized $180.00/$220.00 CT 382: Asphalt Extraction & Gradation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $240.00 CT 521 : Concrete Cylinder Compressive Strength . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 CT 523: Beam Cylinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 Concrete & Beam Cylinder Hold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.00 ASTM D422: Mechanical Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 ASTM 01557: (Modified)/ ASTM D698: (Standard) Proctor (4") . . • • . • . • • • • . $160.00 ASTM D1557: (Modified)/ ASTM D698: Proctor (6" or Cal-216) . . . . . . . . • . . . . . . $190.00 ASTM D2434: Permeability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350.00 ASTM D2435: Consolidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $210.00 ASTM D5333: Collapse Potential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $180.00 ASTM D2216: Moisture Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 ASTM D221/D2937: Moisture/Unit Weight (Ring) . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 ASTM D2974: Organic Matter Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 ASTM D4318: Atterberg Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $180.00 ASTM D4829: Expansion Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $160.00 ASTM D3080: Direct Shear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $240.00 Soluble Sulfate: (Test Kit SF-1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 10% field supervision and equipment/vehicle charge will be added to all field services. TERMS Reimbursable Expenses Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus twenty percent. These expenses include rental of drill rigs, bulldozers, backhoes, travel and subsistence, permits, reproduction costs, etc. Travel Time Travel time required to provide professional or technical services will be charged at the appropriate hourly rates. Overtime An overtime rate of 1.5 times the standard rate will be used for time in excess of 8 hours per day and Saturdays. An overtime rate of 2.0 times the standard rate will be added for work on Sundays, official company holidays, and on all work in excess of 12 hours per day. Prepayments A retainer of fifty percent of the total fee is required for all field studies. The balance of the fee must be paid at the time the report is released to the client. Billing Billings will be provided periodically and will be classified by fee categories set forth above or as given by proposal. Terms of Payment Invoices rendered for professional services are due upon presentation. A service charge of 1.5 percent, per month, may be charged on accounts not paid within thirty days to cover additional processing and carrying costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by the client. Susan Harris From: Steve Tomasetti Sent: Sunday, January 24, 2021 10:53 AM To: Bob Stets; Sandy Hodge Cc: Yvonne Grieco; Gary Solsona; Effie Giordano Subject: RE: Need Contract Review by Friday 1/22/21 - City of Huntington Beach - #210134 - RFQ for On-Call Review Engineering (plan checks) & Professional Consulting Services The endorsement allows us to show the lower deductible on the certificate Sent from my Verizon,Samsung Galaxy smartphone --------Original message -------- From: Bob Stets<BobS@CannonCorp.us> Date: 1/24/21 7:51 AM (GMT-08:00) To: Sandy Hodge <SandyH@CannonCorp.us> Cc: Yvonne Grieco<yvonneg@CannonCorp.us>,Gary Solsona <GaryS@CannonCorp.us>, Effie Giordano <EffieG@CannonCorp.us>, Steve Tomasetti <stevet@CannonCorp.us> Subject: Re: Need Contract Review by Friday 1/22/21 -City of Huntington Beach -#210134 - RFQ for On-Call Review Engineering (plan checks) & Professional Consulting Services The agreement is fine and the requirement that the deductible in our professional liability policy not exceed $10K is now met due to the attached endorsement added to our policy in Sept. 2020. 1 don't know if this means we can request an insurance certificate with the lower deductible or whether the certificate will still show $100K. If the latter, then we will need to send the endorsement to show we meet the requirement. PS: Steve: if you know how this works let me know. From:Sandy Hodge <SandyH@CannonCorp.us> Sent: Monday,January 18, 2021 3:02 PM To: Bob Stets<BobS@CannonCorp.us> Cc: Yvonne Grieco<yvonneg@CannonCorp.us>; Gary Solsona <GaryS@CannonCorp.us>; Effie Giordano <EffieG@CannonCorp.us>; Sandy Hodge <SandyH@CannonCorp.us> Subject: Need Contract Review by Friday 1/22/21 - City of Huntington Beach -#210134 - RFQ for On-Call Review Engineering (plan checks) & Professional Consulting Services Hi Bob and Happy New Year, Qualifications are due Thursday 1/28/21. 1 am sure they will want to wrap it up no later than Tuesday of next week so it can be delivered Wednesday. t Best Regards, Sandy Hodge Business Services Administrator Public Infrastructure Cannon 1050 Southwood Drive,San Luis Obispo, CA 93401 T 805.544.7407 D 805.503.4505 F 805.503.4467 E SandyHPCannonCoro.us nno I Faceboo I TwitterI Linkedln This transmission is confidential and intended solely for the person or organization to whom it is addressed. It may contain privileged and confidential infonnalion. It you are riot the intended recipient.you should not copy.distribute or take any action in reliance on it. If you have received this transmission in arrot,please notify me immediately by email or call 605-544,7407. 2 PROFESSIONAL SERVICES CONTRACT BETWEEN TI-11" CITY OF HUNTINGTON B17ACI-I AND FOR Table of-Contents 1 Scope of Services.....................................................................................................I 2 Cite StafTAssistance................................................................................................2 3 I enn: Time of Performance.....................................................................................2 4 Compensation .........................................................................................................2 5 Extra Work...............................................................................................................2 6 Nlethod of Pavment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patcnts...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 tModitication.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attornev's Pees...................... ...................................................................................10 25 Survival .....................................................................................................................10 26 Governing Law .......................................................................... .. ........... . .. .... ...........10 27 Signatories.................................................................................................I...............10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I All ^• i I ® DATE(MMIODNYYY) A�D CERTIFICATE OF LIABILITY INSURANCE 3nz/z9z1 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 i BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cerdfioale holder In Heu of such endorsemenl(s). PRODUCER Dealey,Renton 8 Associates PHONE FAX P.O. Box 12675 UUC N.E^ 510465-3090 Tac.�PP 510.452-2193 Oakland CA 94604-2675 Ag0935, certificates@clealeymnlon.com INSURERIS)AFFORDING COVERAGE NAIC9 Uciusef M20739 INSURERA:Continental Insurance Company 35289 INSURED CANWOR42 INSURER 0:VaAey Forge Insurance ComppRny 20508 Cannon Corporation 1050 Southwood Drive INSURER C:Hartford Casualty Insurance Company 38288 San Luis Obispo CA 93401 WSUR9RD:Beazley Insurance Company Inc 37540 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1305805503 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 ItEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE A D SVOR PMICY EFF POLICY EXP LIMITSILTP POLICY NUMBER MMIOD/YY1'Y N O a X COMMERCIAL GENERAL LIABILITY Y Y 6079204724 SM12020 9/12021 EACH OCCURRF.NCF. S1,DOo000 —1 QN IYIADE u OCCUR PHF.MBFS fERe otw rercal 5 500,000 X caftan NUae NED EXP ens enm 516,000 InrAked PrRSONAL A Aov INJURY I SI'Mo,0o0 GENL AGGREGATE ATE LIMIT APPLIES PEN: GENERA-AGGREGATE $2,000,0DO M.ICY`J JEG BLOC PRODUCIS-COLW,OPAGG S2000.000 OUTER: S CO MOSINMEITMN S AUTONOBILELMMUTY APPROVED AS TO FORM F NY A AUTO BODILY NJURY IParp ) 5 OWNED .SCIIEmAEO Py-r _ RoTNLY INJURY(Pa Y.tl I) s AUTOS ONLY AUTOS HIRED NON OA•NED MICHAEL E. G PNOPEHTYOAMAGE $ AUTOS ONLY AUTOS ONLY CITY ATTO ES $ CITY OF I RNE A X UMURELLALIA6 X OCCUR Y Y 6079210761 GTO B�h�.° 9n2D21 EACH OCCURRENCE 59,000,000 EXCESS LIAR CWMSJAADE AGGREGATE 59,000OW CEO X RREMION$ S C WORXERSOOMPENSATION Y 6/WEOL6HIH 9/12020 W12021 PER MPL DIK AND EMPLOYERS'LIABILITY Y S TU E EH ANTYPROPRIOCRIPMTNERIEXECl1TP/E ❑ NIA EL EACH ACCIDENT $1,000.000 OFFICERMELUIER EXCLUDED) (Mandatory In NHI E.LDISEASE-EAEMPLOYE S1,000,000 0 yyaae,dasagar [sCPoP T"M)N OF OPFTUTION54ebw E.L.DISEASE-POLICY LINJT $1 ODD 000 D Prdwaiaal U.IZty V27737190102 911/20M 9h2021 Umil 62.000,000 A90m0Ne 52,000,000 .T DESCRW TION OF OPERATIONS I LOCATIONS/VEInCLE9 (ACORD let,Addllienel Remade SdnQJe,meY M a W<had II non eprt:R h roedr..IT Umbrella Dabllity policy Is a tallow-form to underlying General Hatellity/Auto Llatellity/Employers Liabifty. AIL operations o the Named Insured, The CIry of Huntington Beach,Its officers,elected or appointed oficials,employees agents,and volunteers are named as ADdltlonal Insured as respects General LIaWAty as required per written Contract or agreement.General Liability Is Pdmary/Non-Contributory per policy form word[ Insurance coverage includes waiver of subrogegon per the attached.Umbrella(or Excess)Liability policy is a follow-form to undedyng General Llabifil?Employers Liability. See Attached... CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLCD BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cityy of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATNE Huntington Beach CA 92648 [;Clg.:atiiv.<.MAGI—" 11)1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CANNCOR-02 LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED WSU RED Dealey,Renton&Associates Cannon Corporation 1050 Southwood Drive POLICY NUMBER San Luis Obispo CA 03401 CARRIER NAtC CODE ErFEC1NE GATE' ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Professional Liability deducible:$10000 per cialm. ACORD 101 (2000101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused In whole or In part by your acts or omissions,or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;or B. in the performance of your work subject to such written contract,but only with respect to bodily Injury or property damage included In the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional Insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-011 edition of CG2010, or under the 10- 01 edition of CG2037;or B. additional insured coverage with'arising out or language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted In its entirety and replaced by the following: WHO IS AN INSURED is amended to Include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily Injury, property damage or personal and advertising Injury arising out of your work that Is subject to such written contract. III. Subject always to the terms and conditions of this policy, Including the limits of Insurance,the Insurer will not provide C such additional insured with: A. coverage broader than required by the written contract;or is RB. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property damage,or personal and advertising Injury arising out of: A. the rendering of,or the failure to render, any professional architectural, engineering,or surveying services, including: 1. the preparing,approving, or failing In prepare or approve maps,shop drawings,opinions, reports, surveys, field orders, change orders or drawings and speclllcatlons;and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured Is spedfically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6079204724 Page 1 of 2 Endorsement No: 19 VALLEY FORCE INSURANCE COMPANY Effective Date: 09/01/2020 Insured Name: CANNON CORPORATION CopydgM CNA AP RIgMs Rm*Ned. Indudes mpydgMed mntodal of Insurenca Servkes office,Inc.,Kdln Im pennlssbn CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other Insurance available to the additional insured under which the additional insured is a named insured, this Insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other Insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, If the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named Insured. The Insurer has no duly to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A. IS currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1, the bodily Injury or property damage;or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. If This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the offectve dale of said Policy at the hour staled in said Policy,unless another effective dale Is shown below,and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 6079204724 Page 2 of 2 Endorsement No: 19 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2020 Insured Name: CANNON CORPORATION Copydght CNA A➢Rights Ra od. IrcMu wpyr'bghted malarial of lss ra o SerAms 0frc ,Inc.,with lts purmisslm. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART j PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: _ ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1.IS IN EFFECT OR 13ECOMNS EFFECTIVE DURINC, THE TERM OF THIS COVERAGE PART; AND 2.WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE 'PO THE CLAIM. (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition Of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included In the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. C IThis endorsement, which forms a part Of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective dale of said Policy at the hour stated in said Policy, unless another effective date is shown below, s and expires concurrently with said Policy. s R i� 0 0 B t� CNA75008XX (10-16) Policy No: 6079204724 Page 1 of 1 Endorsement No: 23 VALLEY FORGE INSURANCE COMPANY Effective Dale: 09/01/202.0 Insured Name: CANNON CORPORATION Copyright CNA All Rights Rosarvod. Indudes mpydghled matorlal of Insuance Servlrss Ogka,Inc.,vAh Its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57WEOL6HIH Endorsement Number: Effective Date:09101/2020 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Cannon Corporation 1050 Southwood Drive San Luls Obispo,CA 93401 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date:09101/2021 i Effective date of this Endorsement: 01-Sep-2020 This Endorsement Is attached to and forms a part of Policy Number: V27737200201 Beazley Insurance Company, Inc. Referred to In this endorsement as either the "Insurer" or the "Underwriters" REDUCED DEDUCTIBLE AND INDEMNIFICATION AGREEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: i AFB A&E MEDIA TECH®POLICY In consideration of the premium charged for the Policy, it is hereby understood and agreed that: 1. If the Insured enters into a contract Or agreement where the Insured elects to show a Deductible less than the amount stated in the Declarations, the Insured's Deductible in respect of any Claim arising from such contract or agreement shall be the lesser amount stated in the contract or agreement. I 2. The Underwriters offer this Reduced Deductible and Indemnification Agreement Endorsement in consideration of the Insured's agreement to hold the Underwriters harmless and to promptly indemnify the Underwriters, when requested by the Underwriters, for amounts paid by the Underwriters under this Reduced Deductible and Indemnification Agreement Endorsement. Such amounts to be reimbursed by the Insured to the Underwriters include (a) the total surn difference between the Deductible stated in the Declarations and any reduced Deductible agreed to by the Insured and (b) any costs, expenses or attorneys fees the Underwriters incur in enforcing this Reduced Deductible and Indemnification Agreement Endorsement. All other terms and conditions of this Policy remain unchanged. c� Authorifhd Representative E01420 Page 1 of 1 082009 ed. CITY OF HUNTINGTON BEACH On Call Development Review Engineering & Professional Consulting Svcs: FIRM PROPOSAL Scores Proposal Scores (Total) (Avg) DMc 209 69.7 Ardurra 186 62.0 Cannon 185 61.7 IIR Green 182 60.7 NV5 182 60.7 Intemest 172 57.3 CS6 Consultants 129 43.0 Bureau Writers 128 42.7 1 ranstech 114 38.0 Engineering Rcxwrccs ill 37.0 M6 Consulting 104 34.7 Precision Civil 6nginem.ng 68 22.7 Ilartnog&Crabill 65 21.7 PBI.A Engineering 55 18.3 Coast Survey ing Survey Only stanto PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Development Review Engineering & Prof. Consulting Services SERVICE DESCRIPTION: Engineering support for City's Development Services Section VENDOR: Cannon Corporation OVERALL RANKING: 4 out of 16 SUBJECT MATTER EXPERTSIRATERS: One (1) Principal Civil Engineer and two (2) Senior Civil Engineers VII. MINIMUM QUALIFICATIONS REVIEW • Overall Total Score: 80.9 (Avg.) Cannon — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 9.3 10 Qualifications & Experience 21.3 25 Staffing 20.0 25 Understanding & Methodology 11 15 References 8.3 10 Interviews 11.0 15 Total 80.9 100 VIII. DUE DILIGENCE REVIEW Interview Ranking: 4" Cannon—Summary of Review Cannon is has been working for us in the last 3 years and is a great supplement to our utility Ian checking workload. Cannon —Pricing • Low end from $95/hr(Admin.) • High end from 255/hr (Principal) 4 237 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • NNr%Niv.huntingtonbeachca.gov NI f` Office of the City Clerk ' Robin Tstanislau, City Clerk June 9, 2021 Cannon Corporation Attn: Larry Kraemer 1050 Southwood Drive San Luis Obispo, CA 93401 Dear Mr. Kraemer: Enclosed is a copy of the "Professional Services Agreement between the City of Huntington Beach and Cannon Corporation for On-Call Development Review Engineering and Professional Consulting Services" approved by the Huntington Beach City Council on June 1, 2021. Sincerely, �, 12� . Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand