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HomeMy WebLinkAboutHR Green Pacific, Inc. - 2021-06-01 C6itlei. noce) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HR GREEN PACIFIC, INC. FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING AND PROFESSIONAL CONSULTING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and HR GREEN PACIFIC, INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 1, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and HR Green Pacific, Inc. for On-Call Development Review Engineering and Professional Consulting Services"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term of the Agreement, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until May 31, 2025. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 24-14114/331456 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on M(/I�U�j_. 21v , 2024. HR GREEN PACIFIC, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Californ1. I, b prin name $,,(41 ITS: (circle one) Chairman/PresidentNice Pre ' Mayor ANt *14A/ / ,I.. 1444) City Cl 8/z1P By: . ' r' o,- S• A P?&,-/ D AN APPROVED: pri•__.. ITS: (circle on-f•, hief Financial Officer/Asst. Secr- - reasurer Director f P blic Works APPROV S O FORM: g.( i Attorney 24-14114/331456 2 K I r r ® DATE(MM/ODNYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 12/8/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ACT NAME: Mary McLaughlin Holmes Murphy&Associates PHONE FAX 2727 Grand Prairie Parkway IC.No.Eat):319 896-7668 INC.Not: IL Waukee IA 50263 ADDRESS: mmclaughlin@holmesmurphy:Com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co.America 25674 INSURED GRECOMPC INSURER B:XL Specialty Insurance 37885 HR Green,Inc. 8710 Earhart Lane SW INSURER C:Zurich North America Cedar Rapids,IA 52404 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:445313507 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP man SD WVD DJ POLICY NUMBER (MM/DYYYYI IMMIDD(YYYY) C X COMMERCIAL GENERAL LIABILITY GL0373096714 111/2024 1/1/2025. EACH OCCURRENCE $2,000,000 AGE CLAIMS-MADE X OCCUR PREM SESO(EaENTED occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENT-AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY n JEC X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY BAP373096814 1/1/2024 1/1/2025 CEOMINGLELIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ - OWNED ^SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) A X UMBRELLALIAB X OCCUR• CUP8S97473324 1/1/2024 1/1/2025 EACH OCCURRENCE _ S10,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X I RETENTIONS 111,nM S C WORKERS COMPENSATION WC373096614 1/1/2024 1/1/2025 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANYPROPRIETORJPARTNER!EXECUTIVE. Y� N/A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBE R EXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional liability DPR5021484 1/1/2024 1/1/2025 Per Claim 5,000,000 palms Made Coverage) Aggregate 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached If more space Is required) Project No.210030-Huntington Beach,CA-On Call Development Review Engineering&Professional Consulting Services.The City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and votuntROVED AS TO FOR1.)LK are Included as Additional Insureds on the General Liability and Auto Liability as required by written contract with the insured,per policy terms and conditions. t3y; MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 USA coot, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD SLa/r �yf1nT Re✓� 5 . ✓ �,�•2 .Aet rGw�I 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) 2020121 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)J Inc., for On-Call Development Review Engineering and Professional Consulting Services, and, -�cc� .,�rA Et 7i 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 'I'Le"ge� Development Review Engineering and Professional Consulting Services. �l i11 P/21FI C. A tematJve Action(s): City of Huntington Beach Page 1 of 3 Printed on SnB2021 ow.s.eafbt legrctal"' 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 526/2021 pow .d4 Lerimar"• 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 Beach Page 3 of 3 Printed on 5f20/2021 ovxeredEA Legmtar" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNIINGTON BEACH AND FIR GREEN PACIFIC, INC. FOR ON-CALL DEVELOP\4ENT REVIEW ENGINEERING AND PROFESSIONAL CONSULTING SERVICE'S 1-I-11S 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 FIR Green Pacific. Inc.. 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 doCrnnentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code. Chapter 3.03, relating to procurement of professional service contracts have been complied with. and CONSULTANT has been selected to perform these services, NOW. THEREFORE', it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates George A. Wentz. 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 ASSISTANCL'• CITY shall assign a staff coordinator to work directly with CONSULTANT in the perforniance of this Agreement. 21-95211252282 t of 11 5119-204082 3. TERM; TIME OF PERFORMANCE Time its of the essence of this Agreement. The services of CONSULTANT are to commence on �, ,Lf/tC. / , 20o)/ (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 (5500.000). 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." 21-9321252292 2 of 11 5/19-204082 7. DISPOSITION OF PLANS. ESIINIATES AND OTI-IER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation. all original drawings, designs, reports, both field and office notices, calculations, computer code. language. data or programs, maps, memoranda. letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion. whichever shall occur first. These materials may be used by CITY as it sees tit. S. 1-101-1) 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 CONS U LTA 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: 21A521 Q52282 3 of I 1 5119-20.1082 "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 COVSULTAN'1 '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 CI-rY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CON!SULTAN"r's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of-CITY: however an insurance 21-9521/2�2282 4 of 11 5/19-204082 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A clairns-made police 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 notity CITY of circumstances or incidents that might give rise to Future claims. CONSULTANT will make every effort to maintain similar insurance during the inquired extended period of coverage 1`6Ilowing 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 tails 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 nunnbcr of each carrier and policy, 13. state that the policy is currently in force; and 2 1-952 1 P52282 J of 11 5/19-204082 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 ftdly 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. INDEPENDE..NT 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 ot'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 mat' 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 2 1-952 1 P52282 6 of' 11 5/19-204082 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. I I 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/PATEN"TS 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 oflicer 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 Liven 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: 21-952IP-52282 7 of 11 5/19 204032 TO CITY: TO CONSULTANT-: City of Huntington Beach FIR Green Pacific. Inc. ATTN: Debbie Debow A'I-I'N: George A. Wentz, P.E. 2000 Main Street 1260 Corona Pointe Court. Suite 305 Huntington Beach, CA 92648 Corona. CA 92879 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 ol'the same or any other transaction or event. 18. \-CODIFICATION 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 o1 reference only and are not representative of matters included or excluded f-rom 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 95211252282 8 01. 1 1 5/19-204082 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 anv 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. INUMIGRATION 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. 21 LEGAL S17RVICES 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. 21-9521/252282 9 0f 1 1 5/19.20-4082 24. Arl-ORNEVS 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 ices from the nonprevailing party. 25. SURVIVAL Terms and conditions of- this Agreement, which by their sense and contest 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 hereinbelocv 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. ENTIRF.,-IY 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 2 1.952 1 2 522s2 1001, 11 5119-204082 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 HR GREEN PACIFIC, INC. municipal co ration of the State of fm Califo is 0 B}: Mavor print nan/ ITS: (circle one)ChairmaNPresiden ice PresiJen City Clerk 1eV- +�V AND INITIAT AND ROV B w^- ITS: (circle on ecrctarv/ ief Financial OmcedAsst. Director of Pub IC orks S Secrctary-Trca urcr VIE AND PPR D: JENNIFER LYNN BNZ01','N5K1 `hi Notary PuOnc.State of Texas City Manager -'^-�^..'4° Comm. Expires 05-30-2021 %„41„1"',`.�` N0131Y ID 126335535 APPRO E AST FORM: ity Attorney 21.95211252282 11 of 11 5119.204082 EXHIBIT A Understanding and Methodology HELPING TO MAINTAIN DEVELOPMENT OF A SAFE AND VIBRANT COMMUNITY The City of Huntington Beach is distinguished for its subtle sophistication. With its 8.5 miles of beach and excellent surfing, it has earned the nickname 'Surf City' Couple this with more than 750 acres of parks and your diversified economy, your City is a destination. With over 16 million beach visitors a year and the fourth largest population in Orange County, you require the teaming efforts of a consultant that will protect your quality of life while enhancing your service delivery. Our Principal-In-Charge, George A. Wentz, PE, has more than 45+ years of Municipal Services Management. He has served in various staff augmentation positions for many Orange County cities including Irvine, Rancho Santa Margarita, Mission Viejo, Newport Beach, Huntington Beach, San Juan Capistrano, Seal Beach, San Clemente, Laguna Niguel, Laguna Hills, and the County of Orange. He is familiar with the unique and sensitive nature of developing in coastal communities. Tina York, PE, our development services project manager, has been dedicated to providing the services similar to those requested in your RFP for over 30 years. She and her staff only provide plan review services to all manner of civil and survey plans including public and private improvements, CIP projects, and utility and encroachment permit projects. HR Green's primary focus is to meet the City of Huntington Beach's goals to be a vibrant city with an exceptional lifestyle for residents and visitors by providing superior public safety, exceptional service delivery, and outstanding amenities. Our services make sure your goals all be met through our dynamic and progressive practices. We have built proven processes that have been effectively utilized for 50+ federal, state, regional, and municipal clients in California. ------- - ----------—------------------------------------------------------------------------------, A ROBUST ELECTRONIC PLAN CHECK PLATFORM OFFERED FREE TO HUNTINGTON BEACH HR Green utilizes proven electronic plan review orocesses that save time and costs of printing, delivering, handling, and storing copies of plans for review We have served as technical advisors to software providers to incorporate new tools and refine the latest release of their integrated electronic plan check solutions. We constantly work with agencies and applicants to move exclusively to a paperless environment. This is critical on larger, multi-disciplined projects where there may be overlap between design disciplines. Currently, we are working with Agiline Software, a leading software development firm, and their CityView360°module to seamlessly upload, track, and review plans. This software can interface with - and provide a seamless conveyance of information between the City and HR Green at NO COST to the City of Huntington Beach. HR Green takes our core values, Operational Excellence, to heart, not just for our own operation but for our clients as well. ® CITY OF HUNTINGTON BEACH-On-Call Development Review Engineering Page111 Entitlement Review Processing New DevelopmenUEnhancing Community Engagement Since maintaining an effective entitlement process is critical to support a thoughtful community development program, HR Green will work closely with Huntington Beach's planning team, meet with prospective developers and their engineers, and participate in meetings early in the planning process to collaboratively shepherd projects through to construction. Our team of engineers have taken projects from 'cradle to grave". We have worked with Planning Departments in multiple agencies to move applications through the entitlement process by writing the Engineering conditions of approval, providing the plan review of those plans, overseeing and coordinating the construction with the field inspectors, and ultimately releasing the bonds after the warranty period is over and the City accepts the project into the City maintenance system. Since several of our staff have served as City Engineers and Public Works Directors, we are uniquely qualified with a discerning eye for City concerns that permeate our engineering conditions. We communicate often with Planning Departments to establish a common understanding of project goals, the entitlement process, and city expectations to efficiently maintain project momentum. Land Development . - - . . - - Plan Check I g Ex gwulwmM "Leveling Up" the Review -�-� Process Nq w Fw.F AMI. n M. HR Green has a proven internal ~— plan review coordination process, Frvnlppha.L CxeWf NdIY GrY GreenTREx, to make certain that Few+c..n 'S° """ F~m n 4aY �rconYke -v.�w Cmemvv oNrraeMn w+ .�peen •aN each plan received is property wK,Y , � processed and returned on time. Log O''RWI cfty .xr Our GreenTREx review qua„ process/program allows us to efficiently complete plan tasks „ To "r geYw TF.n ��m•• concurrently. This is a formalized and integrated process whereby Experienced Technician Reviewer Pre Technician data input and iiiw processing, Review. and Expert staff manage quality control functions that are consistently implemented on each and every project. This allows multiple HR Green staff to assist at any phase of the processing, review, and approval. ® CITY OF HUNTINGTON BEACH -On-Call Development Review Engineering , .,.. . Page 112 While most processes represent the old guard and more of the same, HR Green is evolutionary, bringing fresh and new ideas, using the latest technology, advanced permitting, and project software. Our plan check team has been providing electronic plan reviews for 2 decades. While we still do the hard copy reviews when requested, well over 90% of our reviews are completed electronically. Our land development review services include: • Civil Engineering Design Plans— Most of our plan review team has over 30 years of experience providing plan review for grading (mass, rough, and precise), erosion control, WOMP, hydrology and hydraulic studies, soils reports, streets, street lights, signing and striping, traffic signals, water and sewer plans, storm drains, all supporting calculations, and utility permits including small cell and fiber optics. Each plan is compared to the appropriate Specific Plan, the final map, and other improvement plans for the project to verify conformance and no conflicts. Water, sewer, and storm drain plans are compared to the master plans. The plans also go through a thorough investigation for compliance to conditions of approval, Federal, State, County, and City standards and regulations, Municipal Codes, Ordinances, Resolutions, policies, procedures, checklists, and City approved format/preferences, Caltrans Standard Plans and Specifications, Traffic Manual, and Highway Design Manual, and the County of Orange Local Drainage Manual and Hydrology Manual. Water Quality Management Plans are reviewed for compliance with the Model Water Quality Management Plan and Technical Guidance Document and all requirements set forth by the Santa Ana Region of the State Water Resources Control Board ■ Subdivision Map Checking—Our survey review team is conversant in the requirements of the California Subdivision Map Act. The review of each tentative map, parcel or final tract map, legal description, lot line adjustment and easement deeds includes the coordination of the documents submitted for review(map, closure calculations, etc.)for compliance with the City's Municipal Code, Resolutions, Specific Plans, Conditions of Approval, Tentative Map, checklists, and City approved format/preferences as well as County of Orange Subdivision Manual and Subdivision Code. At the conclusion of each development review, the reviewer digitally stamps(signs hard copies)each sheet of the redlined document or the cover page on reports with the date, reviewer's initials, and submittal number. The redlines, a comprehensive comment letter, and checklist are provided to all stakeholders. All documents are turned around on-time or ahead of schedule. HR Green earnestly seeks to meet or beat your expectations. We are able to meet the most hard-hitting schedules with a near perfect track record. Orange County(our client for over 7 years) has an aggressive schedule of 5/3/1 business day turn-around. We have met or beaten this schedule better than 98% of the time. ® CITY OF HUNTINGTON BEACH-On-Call Development Review Engineering HRGreen. Page 113 F.c , f IC Utility Permit Reviews Proven Experience = 100% Safety Track Record As the full-service engineering and public works consultant for the last 9 years in the City of Jurupa Valley, HR Green has processed, reviewed, and issued an average of 700 utility permits per year! Our team also provides these reviews for the Cities of Palos Verdes Estates and Moreno Valley. Because of our extensive experience, we have worked with the largest and the smallest of utility companies as well as large developers and individual homeowners. We make certain the public interest is preserved and safety is our primary concern. While we review the plans for compliance to all City and Public Utility Commission standards and requirements, we confirm the traffic control and pedestrian safety is appropriate for proposed work. Additionally, HR Green is at the forefront of review and implementation of broadband, fiber optics, small cell, and 5G technology. The September 26, 2018 FCC Small Cell Preemption Order was meant to accelerate small cell and 5G deployment nationally. HR Green has helped more than 20 cities nationally, including Southern California cities of Laguna Beach, Jurupa Valley, Redlands, and Pico Rivera maintain a significant amount of authority and flexibility by negotiating win-win outcomes that benefit carriers while addressing key community concerns, such as aesthetics, availability of high-speed telecommunications, and public safety. This includes, but is not limited to public policy development, design standards development, plan review, permit processing, colocation agreements, and construction inspection. Collaboration Augmenting Plan Review Services Through Communication Our Project Manager, Tina York, PE, is a hands-on manager. Tina will be 100% available to the City of Huntington Beach during this contract. She actively monitors all services and has a goal to get plans approved at third submittal. She will confer and/or meet with the City, developers, engineers, surveyors, and contractors. She will prepare agendas and attend all coordination meetings including meetings to discuss redlined comments for entitlement, land development civil or survey reviews, and utility permit reviews and other potential issues which may delay projects timely completions. Tina, together with our Engineering Technician, will provide you with the deliverables for review projects (transmittal, redlines, comment letter, and checklists) at or ahead of the required project schedule. Our files are always accessible to you through CityView360° and will be delivered as a final package upon project acceptance. Tina is thoughtful, straight-forward, and a proven professional. She knows the City and the City can trust and have confidence in her, the HR Green team, and the final work product. ® CITY OF HUNTINGTON BEACH-On-Call Development Review Engineering HRGreen. Page 114 P I If IC For nearly two decades, the HR Green team of reviewers has Implemented proven electronic solutions that save time and costs of printing, delivering, handling, and storing copies of plans, documents, and survey records. Our plan check leaders are industry-recognized thought leaders in advancing the robustness of paperless solutions. Tina and other HR Green professionals have served as technical advisors to paperless data managemenUreporting software solution providers to incorporate new tools and refine electronic solutions. We leverage and are proficient with various software solutions (e.g., Bluebeam Revu, Adobe, Accela, TRAKiT, EnerGov. Agiline, ePlanSoft, etc.) to not only create a paperless environment, but also provide healthy reporting for smart decision-making. We are constantly implementing the latest tools available in software. Currently, we are working with Agiline Software, a leading software development, solutions, and consulting firm. Their CityView360° module allows for the seamless interface with Accela to upload, track, and review of plans. This portal is available on day one at NO COST to the City of Huntington Beach. CityView3600 makes it easy to connect and visualize your information. You will have 24/7 real-time access to accurate and reliable data and information in order to see trends, make Informed and timely decisions, and undertake long-term strategic planning. Agiline Software's CityView3600 is a comprehensive tool to collect, validate. transform, organize, present and act on information received from several data sources. CityView360c makes it easy to connect and visualize your information using rapid application development. Agiline has seamlessly integrated with various software solutions and created very informative reports and key performance indicators (KPI) reporting. i'I� • e e e e e e ,x�x M rr � � ,v,uv ,ur.. ,urn �• � - fa�.aw x.arwrt•w �•r • •YbK01]]Ix f....nW[swv � •4.41C 01111w Yn.nx[e�nxx •�rrrr rrw. Yr. ® CITY OF HUNTINGTON BEACH- On-Call Development Review Engmeenng HRGreo, . Page 115 •. 0 , By utilizing CityView360°, the City will have real time access to plan review status and comments as well as reviewer assignments and budgets. These reports will provide your leadership with confidence that KPIs and dashboard data are being tracked. Demonstrated Record Completing Projects On-Time/ Within Budget HR Green and our Project Manager, Tina York, PE, have been nationally recognized for delivering efficient and cost-effective plan review and staff augmentation services for some of the nation's largest developments. We have reviewed plans for the nation's 10 largest developers, leveraging electronic plan check/paperless platforms for 20+ years, and are recognized by both municipalities and developers for creating a constructive, win-win review and approval process on time and within budget. This has been manifested through the positive comments from our clients, developers and their engineers. Our staff have provided all services requested in the RFP for some of Southern California's and the nation's largest land development projects. We have consistently maintained a 95+%turnaround around review schedule success rate. For example, for the 23,000-acre County of Orange Ranch Plan, we maintain a 5/3/1 turnaround review schedule exclusively using a paperless solution and have a 98%tumaround around review schedule success rate. Some other larger projects HR Green and/or our staff have reviewed and processed include the SilverRock Resort (La Quinta), 8,200-acre Ontario Ranch (Ontario), Alberhill Villages (Lake Elsinore), a large volume of residential, commercial, and industrial development over the past 9 years (Jurupa Valley), and the 4,000+ acre Talega mixed-use development (San Clemente). HR Green's electronic plan check system provides instant file delivery to all responsible parties, making the review process more efficient and expeditious; at-a-glance history of all data transfers; and instant project deadline tracking and notification." Carmen Barsu, PE, QSD Associate Civil Engineer, City of Pomona ® CITY OF HUNTINGTON BEACH -On-Call Development Review Engineering HRGreen. Page 116 G AC II IC EXHIBIT B Cost Proposal / Rate Sheet Personnel Classification Hourly Billing Rate Principal-in-Charge/Program Manager $220-300 Project Manager S185-220 QA/QC Manager S180-200 Traffic Engineer $180-220 Senior Civil Plan Checker $170-200 Civil Plan Checker $145-185 Map Checker $150-200 Public Works Technician $100-130 Transportation Planner $130-180 CASp Reviewer/Inspector $135-175 Notes: 1. Other classifications are available based upon the needs of the agency. 2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract. Professional Reimbursement/ Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours. Prevailing Wage: Please note that for prevailing wage projects the total project cost can be higher than HR Green would otherwise charge. For prevailing wage projects, the billing rates for straight time will be as shown above. Overtime, weekend, holiday, and other special pay rates defined by the State of California Department of Industrial Relations Group II "Construction Inspector and Field Soils and Materials Tester" will be multiples of the straight hourly rates shown. Overtime and Saturday work will be billed at 1.5 times that shown above. Sunday and State Holidays will be billed at 2.0 times that shown above. ® CITY OF HUNTINGTON BEACH-On-Call Development Review Engineering HRGreen. Page 11 rec if I The rates provided are based on the prevailing wage determination at the time of the proposal. In years marked with a double asterisk (") by the Department of Industrial Relations, the rates will be adjusted on the effective dates established by the State and pursuant to the pre-determined escalation rates. Direct(Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus 15% percent for items such as: a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Subconsultants and other outside services, if needed. c. Specific telecommunications and delivery charges. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work. f. Mileage and vehicle costs directly related to agency services. g. Travel expenses (e.g., hotel, meals, transportation, etc.) Our hourly fees/rates shall remain effective through December 31, 2021 and may be adjusted annually thereafter as negotiated with and agreed to by the agency. ® CITY OF HUNTINGTON BEACH-On-Call Development Review Engineering HRGreen. Page 12 r A II IC SEALED FEE PROPOSAL SAMPLE Engineering Plan Check/Technical Report Senior Project Senior Plan Survey Senior Assistant/ Total Review Manager Check Manager land Business Other Hours Average Fee Item Engineer Surveyor Admin Subdivision Map/Final Tract 1 2 14 17 $3,500 Map Rough Grading 2 20 1 23 $3,500 Precise Grading 2 24 1 33 $4,000 Hydrology& Hydraulic Study 1 12 1 14 $2,500 Erosion Control Plan 1 2 1 4 $500 Water Quality Management 1 12 1 14 $2,500 Plan Soils Report 1 3 4 $500 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF I IUNTINGTON BIACH AND FOR Table of Contents IScope of Services.....................................................................................................I 2 City Staff Assistance.........._....................................................................................2 3 Term: Time of'Performance.....................................................................................2 4 Compensation .........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certi ficate 01'Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.-...................... ................................................................7 17 Consent ....................................................................................................................8 18 1%,loditication.............................................................................................................8 19 Section Ileadines .....................................................................................................8 20 Interpretation of this Aereement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration............................................................................................. ... ...............9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival .....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Sianatories.................................................................................................................10 28 Entiretv......................................................................................................................10 29 Effective Date................................................................................. I I P�J / ® DATE(MMnTDrYYYYI 1 AC40R D CERTIFICATE OF LIABILITY INSURANCE 03/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(los)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cortaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such sndorssmenl s. PRODUCER 1-000-300-0325 HAM I Minty Sunnun Holmes Murphy fi A900C - CH PHONE FAX .WC.NP.Ea1: 319-896-7670 IAIC,No): EjN1 msunneseholmesvwr h cam 201 First Strost SH, Suite 700 AOpRESs P y. INSURERIS)AFFORDING COVERAGE NAICN Cedar Rapids, IA 52401 INSURERA; Zurich American Insurance Company 16535 WSURED INSURER O: Trnvelora Property Canualty Company of 25674 MR Green, Inc. INSURER CXL SPECIALTY LNS CO 37885 8710 Earhart Lane SW INSURER O: W SURER E: Cedar Rapids, IA 52404 WSURER F: COVERAGES CERTIFICATE NUMBER: 61684437 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEL ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PMICYE1LT TYPE OF INSURANCE W BR POLMYNUMBER MINI'DA"Y MP�CYE%P UI(R6 A X I COMMERCIAL GENERAL LIABILITY 01.0373096711 01/01/21 01/01/22 EACIIOCCU,,rACF. S 2,000,000 nAAT CM. PPNW.0 CIAIALS-MADE OCCUR 'e ooreZ, S 300,000 MEO EXP Anl one rcon $ 10,000 PERSONAL A AM INJURY S 2,000,000 GENL AGGHEGAIE IVAII M41TES PER: APPROVED AS TO FORM GENERAL AGGREGATE S 4,000,000 POLICY CI JPF T I_I IOC PRODUCTS=COMP,I7P AGG s 4,000,000 OTHER s A NOMOBILE UABILTTY BAP �p E. GATES /01/21 01/01/22 COMBINED SINGLE I IMI I $ 2,000,000 AHYALTO CITY ATTORNEY HOURLY INJURY I'r Anson) S OV NEU — EU C TY OF HUNTINGTON BEA H BODILY INJURY(Pracdann0 $ AUROS ONLY MIT05HIRED % NON OINED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY S JERLAKISIVAL— * X I UMBRELLA UAB X OCCUR ZUP14NB656621 01/01/21 01/01/22 EACH OCCURRENCE S 10,000,000 E%cESS UAD zC:-MADE AGGREGATE 5 10,000,000 OFn X I RFTEHTXXR 10,000 $ A VIDRKERSCOMPENSATION WC373096611 01/01/21 01/01/22 X1 MR OTH AND EMPLOYERS LIAH111YIN I IJ E_1-1 ER ANYPROPREIOPJPARtNERRJtENTNE Y�1 NIA EEL STAEACH EACH ACCIDENT $ 1,000,000 UFFB:F]M'E1.0JENE%LiWEU) I-j (Mendnory Ia NH) It.DISEASE-EA EMPLOYEE S 1,000,000 If yea,dvac+Le rqe� DESCRIPTION OF OPERATIONS talon EL DISEASE-POLICY LIMIT S 1,000,000 C Pro Ecael anal Liability DPR9970726 01/01/21 01/01/22 Par Claim 51000,000 (Claims Made Coverage) Aggregato 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AC ORD 101,Aaallbnal Remarks Srhadula,maybe allachW i1 more apaea Is rap Wted) Project No. 210030 - Huntington Beach, CA - On Call Development Rovinv Hnginanring 6 Profonsional Consulting Gorvicos. Ths City of Huntington Bosch, its officers, elected or appointed officials, employees, agents and volun Warn arc included as Additional Insureds on the general Liability and Auto Liability as required by written contract with the insured, par policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AMIIOR12ED REPRESENTATIVE Huntington Bosch, CA 9264e A,(!((,Ca'Aw'7, USA O'19BB-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD khrswe rcr 61684437 0 Additional Insured —Automatic — Owners, Lessees Or ZURICW Contractors Policy No. I Elf. Date of I'ol. 1 EXp. Date of Pol. Eff.Dalo of End. I Producer No. Add-1.Prem Return Prem. 01/01/2022 01/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: HR GREEN, INC. Address (including ZIP Code): 8710 Earhart Lane SW Cedar Rapids, IA 52404 This endorsement modifies insurance provided under the: Commerclal General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However,the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law;and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury', "property damage"or"personal and advertising injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the 'bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-ol:1175-F CVJ(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,YAM Its pemtisslon. i C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A.of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. I U-GL-l175-F GW(04110) Page 2 of Includes copyrighted malarial of Insurance services Office.Inc.,vnth its permission. POLICY NUMBER: BAP 3730968-11 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds' for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: fIR GREEN, INC. Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANYONE REQUIRED BY WRITTEN CONTRACT, EXECUTED PRIOR TO THE LOSS, TO BE NAMED AS ADDITIONAL INSURED. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured' for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an 'insured' under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 CITY OF HUNTINGTON BEACH On Call Development Review Engineering & Professional Consulting Svcs: FIRM PROPOSAL Scores Proposal Scores (Total) (Avg) UMc 209 697 \rdurra 186 620 Gannon 185 61 7 HR(ircen 182 607 NV5 182 607 Interwevt 172 57 3 CS(]Consultants 129 430 Bureau Veritas 128 42 7 Transtech 114 38 0 Lngineering Resources 111 370 M6 Consulting 104 34.7 Precision Civil Engineering 68 22 7 Hartzog&Crabill 65 21.7 11111.A Engineering 55 18 3 (Last Surveying Survey Only Stantec PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Development Review Engineering & Prof. Consulting Services SERVICE DESCRIPTION: Engineering support for City's Development Services Section VENDOR: HR Green OVERALL RANKING: 3 out of 16 SUBJECT MATTER EXPERTS/RATERS: One (1) Principal Civil Engineer and two (2) Senior Civil Engineers V. MINIMUM QUALIFICATIONS REVIEW • Overall Total Score: 81 .5 (Avg.) HR Green —Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 7.3 10 Qualifications & Experience 20 25 Staffing 20.7 25 Understanding & Methodology 12 15 References 8.8 10 Interviews 12.7 15 Total 81.5 100 VI. DUE DILIGENCE REVIEW • Interview Ranking: 31d HR Green —Summary of Review HR Green only serves municipalities and has all the qualifications and staffing needed to augment our plan check services. HR Green—Pricing • Low end from $95/hr (Technician) • High end from 220-300/hr Princi al/PM 3 236 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ „i,,iv.huntingtonbeachca.gov Office of the Citv Clerk Robin Estanislau, City Clerk June 9, 2021 HR Green Pacific, Inc. Attn: George A. Wentz, P.E. 1260 Corona Pointe Court, Suite 305 Corona, CA 92879 Dear Mr. Wentz: Enclosed is a copy of the "Professional Services Agreement between the City of Huntington Beach and HR Green Pacific, Inc.for On-Call Development Review Engineering and Professional Consulting Services" approved by the Huntington Beach City Council on June 1 , 2021. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand