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HomeMy WebLinkAboutEngineering Solution Services - 2021-07-20 APPR0✓6D 6-0 City of Huntington Beach File #: 21-484 MEETING DATE: 7/20/2021 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 Grant Writing and Administration Consulting Services with Advanced Avant-Garde, Inc., Engineering Solution Services, KOA Corporation, and Villa Civil, APC Statement of Issue: The Public Works Department requires professional grant writing and administrative services on an on-call or as-needed basis to prepare and administer grant applications for federal, state, regional, and local funding opportunities. Consultants will conduct research to identify grant resources that support the City's funding needs and priorities, provide community outreach services, including developing community involvement strategies, and coordinate with funding agencies on post-award procedures, project delivery, funding requests, quarterly reporting, and labor compliance. Financial Impact: The City's Fiscal Year (FY) 2021/22 Capital Improvement Program (CIP) Budget was adopted on June 1, 2021, and totals $39.3 million (All Funds) for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for project administration and other required costs. The four recommended contracts, totaling $1.0 million, will be funded out of the CIP or department operating budget, as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Advanced Avant-Garde Corporation, for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000, and, B) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract _Between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250 000. and, C) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and City of Huntington Beach Page 1 of 3 Prm:ed on ''7�/142021 p IeQary Log.star - File #: 21-484 MEETING DATE: 7/20/2021 Administrative Consulting Services," in an amount not to exceed $250,000; and, D) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000. Alternative Action(s): Do not authorize the proposed contracts and direct staff accordingly. Budgeted Capital Projects could be delayed until new contracts are approved. Analysis: On April 1, 2021, the City advertised a Request for Qualifications (RFQ) for On-Call Grant Writing & Administrative Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eleven (11) proposals were received for On- Call Grant Writing & Administrative Consulting Services. In accordance with qualifications-based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Each firm submitted a proposal indicating their category of expertise. Proposals were then evaluated and ranked by the review board. The top four firms were selected to increase opportunity for competitive proposals for future projects from qualified on-call consultants. The four contracts recommended for City Council approval are for on-call support staff to pursue grant funding and administer existing grant funds related to water, wastewater, stormwater, transportation, and park improvement projects. These services will be utilized to supplement City staff in meeting annual CIP goals, as an extension of staff, and/or to provide required expertise for unique projects. Additionally, these services will be required to secure federal stimulus grants anticipated this year. Each project is evaluated on a case-by-case basis to determine if these services are necessary. Typical grant application and administrative support costs from the use of consultants on a CIP project varies between three to ten percent of the total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual consultant costs would be around $250,000 to the City for total CIP projects, or approximately $1 million over the next three years. Some of the typical grants for water, wastewater, stormwater, transportation, and park improvements include the following Active Transportation Program (ATP), Highway Safety Improvements Program (HSIP), Prop 1 Groundwater, Recreational Trails Program, Prop 68 Sustainable Groundwater Management, Rebuilding America Infrastructure with Sustainability & Equity Program (RAISE), CalOES Flood Mitigation Assistance, Infrastructure State Revolving Fund, USBR Water Smarts Program, and Drinking Water State Revolving Fund. Administrative support services are needed for grants related to water, wastewater, stormwater, parks . and transportation CIP projects. These consultants have been selected to meet the projected workload over the next three years, with a total not to exceed amount of $250,000 per firm. Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 7/14/2021 �..r,�o37y I r�sta,,•. File #: 21-484 MEETING DATE: 7/20/2021 Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Advanced Avant- Garde Corporation for On-Call Grant Writing and Administrative Consulting Services 2. Professional Services Contract between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services 3. Professional Services Contract between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting Services 4. Professional Services Contract between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services 5. RFQ Award Analysis City of Huntington Beach Page 3 of 3 Printed on 7/142021 ga"recX� Legistar"' PROFESSIONAL SERVICES CONTRACT BETWTEN THE CITY OF 1-IUNTINGTON BEACH AND ENGINEERING SOLUTIONS SERVICES FOR ON-CALL GRANT WRITING AND ADMINISTRATIVE CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"' and Engineering Solutions Services, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call grant writing and administrative consulting services, and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach MUnicipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with: and CONSULTANT has been selected to perform these services, NOW. THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in E.xhibit "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 Sudi Shoja who shall represent it and be its sole contact and agent in all consultations with CITY during the performance ol'this Agreement. 2. CITY STAFF ASSISTANCE-' CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 21-9859Q60294 1 of 12 5/19-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on .7O 7A�, , 20 c;/ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 Two Hundred Fifty Thousand Dollars ($250,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 21.9859260294 2 of 12 5119-204082 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder. including, without limitation, all original drawings, designs. reports, both field and office notices, calculations, computer code language. data or programs, maps, memoranda, letters and other documents. shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of' thisAgreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers. elected or appointed officials, employees, agents and volunteers frona 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 CONSUL:fANT's (or CONSUL I-ANT'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 CONSULfANT. 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. 13. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2792.8, then the following Hold Harmless provision applies in place oi'subsection A above: 21-9859R60294 J of 12 5/19 204082 "CONSULTANT hereby agrees to protect. defend. indemnify and hold harmless CITY and its officers, elected or appointed officials. employees, agents and yoltmteers. from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence. recklessness. or willful misconduct of CONSULTANT-. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence. in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid detense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or 13 applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. -I-his 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 CONSUL:fANT's professional liability in an amount not less than One N illion 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 21-9859/260294 4 of 12 5119-204082 policy "deductible" of Ten -Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). E. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage l'ollowing 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 el'fect 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. CONSUL-TAN-r shall Furnish to CITY a certificate of insurance subject to approval of' the City Attorney evidencing the lbregoing insurance coverage as required by this .Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy: 13. state that the policy is currently in lorce; and 21-98591260294 5 of 12 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 fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense. hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of' the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner. the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be. acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any. in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fulh 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 21-985erz602e4 6 of 12 sne 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. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any Nyork, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICE'S Any notices, certificates, or other annm Lill ications hereunder shall be given either by personal delivery to CONSUL,TANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 21-985W-160294 7 of 12 sn9-204082 TO CITY: TO CONSULTANT: City or Funtington Beach Engineering Solutions Services AT"I'M Chau Vu/Sarah Whitecotton Attn: Sudi Shoja 2000 iMain Street 23232 Peralta Drive. Suite 112 Huntington Beach, CA 92648 Laguna Hills, CA 92653 17. CONSEN-r 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 anv subsequent occurrence of the same or any other transaction or event. 18. iMODIPICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and dulV executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret. define, limit or describe. or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of- all parts of this Agreement shall in all cases be construed as a whole. according to its fair meaning, and not strictly for or against any of the parties. If anv 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 21-9859/16029-3 8 of 12 5119-204082 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' anyact 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. INIMIGRAT10N CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of- the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach Ciry Chanter 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. 21-9859Q60294 9 of 12 5/19-204082 24. ATTORNETS FEF..S In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevaiting party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAN 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 hereinbetow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not. in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement frecty and Voluntarily following extensive ann'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 1-9859T160294 10 of 12 5/19-204082 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 bowcen 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 throe<,h their authorized officers. 21-93>91260294 11 of' 12 5n e oaas2 CONSULTANT, ENGINEERING SOLUTIONS SERVICES CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: -ci Mayor print n ITS: (circle one)Chai resi ice President City Clerk AND By: INITIATED AND APPROVED: print narne Director of Public Works ITS: (circle onersg�Gief Financial Officer/Asst. Secretary-Treasum REVIEWED AND APPROVED: City Manager COUNTERPART APPROVED AS TO FORM: LkCity Attorney 21-9859/260294 12 of 12 5/19-204082 CONSULTANT, ENGINEERING SOLUTIONS SERVICES CITY OF HUNTINGTON BEACH, a municipal co ration of the State of Califo is By: • ( r�C�_.. print nae m MWt it►I, fay�a.l ITS: (circle one)Chairman/PresidcntNice President City Clerk AND D41TIA AN PROV D: By: print name t Director of Puhlic Wor ITS: (circle one)Secretary/Chief Financial Officer/Ass1. Secretary-Treasurer IE A APP D:,, City Manager COUNTERPART APP VED AS TO FORM: fty Attorney 21.9859260294 12 of 12 519.204082 EXHIBIT "A" A. STATENJENT OF WORK: (Narrative of work to be performed) CONSULTANT- shall provide consulting services on an --as-needed" basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to City for its review and approval. Scope of services to be provided: Grant Writing Services Consultant shall provide experienced personnel, equipment. and facilities to perform the following tasks. • Prepare grant applications for available federal, state, regional, local and other grant funding opportunities. • Conduct research to identify grant resources that support the City's funding needs and priorities. • Provide community outreach services including developing community involvement strategy, facilitation of outreach meetings. preparation and distribution of bilingual outreach materials including mailing pieces, surveys, interviews and creation ofcontent for project specific web sites as needed for projects assigned by the City. Grant Administration • Serve as the City liaison on project related activities. • Assist in the preparation of agreements and miscellaneous project related documents (i.e. Caltrans E-76). • Coordinate with funding agencies on project delivery and prepare funding requests. • Coordinate with City Attorney for preparation of agreements. • Prepare agenda reports for City Council meetings and presentations as needed. • Prepare quarterly progress reports and reimbursements as needed. • Coordinate with engineering team and/or technical services team as needed. • Attend scheduled project development team meetings. • Provide support for community relations and preparation of informational materials. • Prepare miscellaneous reports and assist Cite staff as needed B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Shall be per CONSULTANT'S State of Qualifications (Exhibit A). consistent with the City off-luntington Beach Request for Qualifications for On Call Grant Writing and Administrative Consulting Services. Upon award. and the contract period. if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to City for approval before commending work. EXHIBIT A C. CI"IY'S DUTIES AND RESPONS11311_1"1'IES: 1. Furnish scope of work request for each project. 2. Furnish any relevant plans, studies, documents, or drawings to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed Ibr each project assigned by City. EXHIBIT A EXHIBIT "B" Payment Schedule (I-lourly Payment) A. I-lourly Rate CONSULTANT'S tees for such services shall be based upon the following hourly rate and cost schedule: Fee Schedule Discipline Hourly Rate Project Nlanager/Technical Expert 5150 Grant Writer I Sl35 Project Engineer/Support Lead $115 CADD Operator $95 Clerical $58 Reimbursable Cost Transportation 0.57 per mile 13. Travel Charges for time during travel are not reimbursable. C. Billin 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda. letters, reports. calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement: B) Describe the services performed. C) Show the total amount of the payment due: 1 Exhibit 13 D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of' any such invoice. if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. It' CITY does not approve an invoice. CITY shall notil'N CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance zinc] in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if' CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart fi-om the ongoing performance ofthe remainder of this Agreement. Exhibit B PROFESSIONAL" SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents IScope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................Z 3 Term: Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 \Method of Pavment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless ........................................................................................................3 9 Professional LiabilitV lnsurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assionment and Delegation ......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 \Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original.................................................................._................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited ................................................................9 24 Attorncv's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entiretv......................................................................................................................10 29 Eftcetive Date................................................................................. I l �►co d� CERTIFICATE OF LIABILITY INSURANCE 06/24/21WYI 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 c this certificate does not confer rights to the certificate holder in lieu of such anduraerienl a. CON�ACTSIMA NAM P PRIME INSURANCE SERVICES, INC. PHONE A SS949) 450-2300 eX Ni,il(949)450-2311 9891 IRVINE CENTER DRIVE #160 prinuspo icy.cotn IRVINE, CA 92618-4319 License# :OD48024 INsL I AFFORDING RANC COVERAGE 000 SENTINEL INSURANCE COMPANY 11000 INSURED ENGINEERING SOLUTIONS SERVICES INC. INSURERS HARTFORD ACCIDENT L INDZHNITY SUDABEH SHOJA PROPERTY i CAS INS. OF HF 34690 23232 PERALTA DR. , SUITE 112 INSURER LAGUNA HILLS, CA 92653 949) 637-1405 INSURFIEF COVERAGES CERTIFICATE NUMBER REVISION NUS':,, I•. 'HIS 6 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BF HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERiQC INDICATED NOTWTHSTANOING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT SMTH RESPECT TO WHICH THIS CERTIFICATE MAY IE ISSUED OR MAY PCP'-.+. THE INSURANCE AFFOROF0 RY THE POLICIES DESCRIBED HEREIN 6 SUBJECT TO ALL THE TERMS. EXCLUSCNSAND CONDITCNSOF SUCH F IMITSSHOMM MAYHAY[ •I '. HEDUCEOW PACCLAIMS LTR TYPE OF INSURANCE 11YIT5 = COMMERCIAL GENERAL L MLiI- EA H OCCURRENCE f 2,000,000 cuMs M.DF ® •, s 2,000,000 MED EXP ore $ 10,000 R 72SBAIT9447 6/19/2020 /19/2021 PERSONAL A ADV INJURY s 2,000,000 GEWL AGGREGATE LIMIT APPLIES PEI GENERAL AGGREGATE s 4 r OOO r 000 1< FCUCY/1 ICJ P O D LO: PRODUCTS COMP,oP AGG F 4,000,000 OTHER f AUTOMO&IF.INFXUTVLOEMBINEU WNCoi-hLI s 1,000,000 ANYAUTO BOD-,Y iNJURYIPfr � 5 B x �aO50ED NLY AUTOW X &-b.'.'HJ'.;R. BRED Nc. A 72UECCD2464 5/1/2021 /1/2022 _ _ +. .ioS ONIv Y .:•' f 5 +BRELIA LMB EACH OCCURRENCE 3 -MS LIAR AGGREW'C u. PROPH.EICR PARINEkEAECUTIVI 1, 000 , 000 FFIC C OERIYEMMA ESCLUOE07 OY E L EACH AU;NkN' IMandYory In full 72 WECGG64R4 8/20/2020 /20/2021 EL OESEASE EA FMP. 1, 000,000 aeaop ulge 1, 000,F+P 000 A -^Iles PEP-10KAL PRc.:w 72SBAIT9447 0/19/2020 /19/2021 B,P,P $13, 700 X D PROFESSIONAL LIABILITY PSJO020776759 8/29/2020 /29/2022 PLIABILITY $5M/$5M __ _ �y ._ ,.,e .u•__ - Pxia..w.aP.•-.av o-:r..>v.mryl Y�lWnmpe apMa nnownm <ss usual to the Insured operation City of RuntingEton beach, its officers, elected or appointed .:£facials, esrployees, agents and voluntsers are named as Add,tional Insured with liability liuted to claias arising out of Insured's operation only. 1Tis covers" is prinary/non-contributory. Blanket APPROVED AS TO FORM lruver, applaas par the fora SS0008 attached to Nis Polary Should any of the above asn tinned policies be cancelled, a 30 day written notice will be delivered prior to cancellation. crwel Tfs ADDITIONAL INSURED: City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES M CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF. NOTICE WILL BEDELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE r• 0 1988-2015 ACORD CORPORATION All rights reserved ACORD 25(2016103) The ACORD narne and logo are registered marks of ACORD PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Engineering Solution Services OVERALL RANKING: 1 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director— Transp & Eng 2. Deputy PW Director- Utilities 3. Administrative Services Manager 4, Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 439 VENDOR NAME— Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 40 50 Technical Approach 113 125 Qualifications 118 125 Clarity 43 50 Cost 103 125 References and Background 22 25 Total 439 500 II. DUE DILIGENCE REVIEW Interview Ranking: 1 Engineering Solutions Services —Summary of Review • Engineering staff who secured funds for water, sewer, stormwater, transportation, parks & facilities Engineering Solutions Services — Pricing • Clerical from $581hr to Project Manager$150/hr 128 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Avant Garde Corp. OVERALL RANKING: 2 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director— Transp & Eng 2. Deputy PW Director- Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 418 VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 40 50 Technical Approach 106 125 Qualifications 106 125 Clarity 37.5 50 Cost 112.5 125 References and Background 16 25 Total 418 500 II. DUE DILIGENCE REVIEW • Interview Ranking: 2 Avant Garde Corp —Summary of Review • Admin staff who secured State & Federal funds & provide labor compliance. Avant Garde Corp— Pricing • Program Asst. from $75/hr to Program Director $130/hr 2 129 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Villa Civil Corp. OVERALL RANKING: 3 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director— Transp & Eng 2. Deputy PW Director - Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 384 VENDOR NAME—Minimum Qualifications Review Total weighted Maximum Criteria Score Score Compliance with RFP 37.5 50 Technical Approach 109 125 Qualifications 106 125 Clarity 40 50 Cost 75 125 References and Background 16.5 25 Total 384 500 ll. DUE DILIGENCE REVIEW Interview Ranking: 3 Villa Civil Corp—Summary of Review • Engineering staff who secured State & Federal funds for water, sewer, stormwater, transportation, parks & facilities; & provide labor compliance. Villa Civil Corp— Pricing • Admin. Asst. from $80/hr to Principal Eng. $220/hr 3 130 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: KOA Corp. OVERALL RANKING: 4 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director— Transp & Eng 2. Deputy PW Director- Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 366 VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 40 50 Technical Approach 113 125 Qualifications 118 125 Clarity 43 50 Cost 103 125 References and Background 22 25 Total 366 500 Il. DUE DILIGENCE REVIEW • Interview Ranking: 4 KOA Corp.— Summary of Review • Engineering staff who secured funds for transportation, parks & facilities. KOA Corp.— Pricing • Admin Asst. from $72/hr to Principal Engineer II $292/h r 4 131 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ N%titir%v.huntingtonbeachca.gov p 1101A Office of the City Clerk ' Robin Estanislau, City Clerk July 28, 2021 Engineering Solution Services Attn: Sudi Shoja 23232 Peralta Drive, Suite 112 Laguna Hills, CA 92653 Dear Ms. Shoja: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and Engineering Solution Services for On-Call Grant Writing and Administrative Consulting Services" approved by the Huntington Beach City Council on July 20, 2021. Sincerely, e� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand