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HomeMy WebLinkAboutVilla Civil, APC - 2021-07-20 APPROVED 6-O 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, �J 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 Gtry of Hunbrglon Beach Pape 1 of 3 Printed w 71142021 pmeradu 1pnw"' 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 Pnnled on 7/1 412 0 2 1 xwrn�.eg ss•,. 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 oa+ eCQA Legistat- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VILLA CIVIL. APC FOR ON-CALL GRANT WRITING AND ADMINISTRATIVE CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of' Fluntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Villa Civil, APC, hereinafter referred to as "CONSUL ANI-." 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: 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 Christy Villa who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of-this Agreement. 21-9857P60293 1 01, 11 5/19-204082 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on o?On" 20 o2/ (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 (S250,000.00). 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." 21.98$7/260293 2 of 11 5/19-204082 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 CIiY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, delend. indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation. costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors. if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of' CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 2i.9857a602e3 3 of 1 l i/19-2W082 "CONSULTANT hereby agrees to protect, defend, indemnify and hold hamiless CITY and its officers, elected or appointed officials, employees, agents and volunteers. from and against any and all claims. damages, losses, expenses, demands and defense costs (including. without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of. pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT'S proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or 13 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 CONSUL TANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT'S professional liability in an amount not less than One iMillion 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 21-9857R60293 4 of 11 5/19�204082 policy "deductible" of "fen Thousand Dollars (SI0,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 13. CONSULTANT- shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for anv reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in Force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of tennination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder. CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of' the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force: and 21-es570602e3 ol- I l 5/19-20-1082 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 01' insurance. CONSUL;rANT 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 pertormed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing. notice of which shall be delivered to CONSULTANT as provided herein. In the 21.93572G0293 6 of I I i/19-20,082 event of termination, all finished and unfinished documents. exhibits, report, and evidence shall, at the option of CI I-Y, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELECTATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees. delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other conununications hereunder shall be given either by personal delivery to CONSULTANf'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: 21-9857/260293 7 of 11 5/19-204082 "1-0 CITY: TO CONSULTANT: Cite of Huntington Beach Villa Civil, APC AT"I-I: Chau Vu/Sarah Whitecotton Attn: Christy Villa 2000 I fain Street 406 Jolina Way Huntington Beach, CA 92648 E-ncinitas, CA 92024 17. CONSENT When C IT Y'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. NIODII'ICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions. section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe. or construe the intent of- the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OP 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 21-9857n60293 8 of 11 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 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 ol'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 oT its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of' the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY: and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-98571260293 9 01, 1 1 5/19-204032 24. ATTORNFY'S FEES In the event suit is brought by either party to construe; interpret and/or enforce the ternis 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 attorneys fees Mont the nonprevailing party. 25. SURVIVAL Terns and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement. shall so survive. 26. GOVERNING LAW ['his Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power. authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not. in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arnt'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 21-1)857r16029; 1001, 11 snv-zw0sz 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, VILLA CIVIL, CPA CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Y ymaL Mayor 1 name ITS: (circle one)Chaim Preside ice President City Clerk ND INITIATED AND APPROVED: By:a&Lw Villa , nt name ITS: (circle Oftecret 'hief Financial Officer/Asst. Director of Public Works Secretary-'freasurcr REVIEWED AND APPROVED: COUNTERPART City Manager APPROVED AS TO FORM: ily Attorney 21.9957/260293 11 of 11 5/19.204092 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, VILLA CIVIL., CPA CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califo 'a 0 By: Cr print name 4,0 .��,l�v ITS: (circle one)Chairman/PresidentfV ice President W040PU City Clerk AND INITIA A PPRO ED: By: print nantc Director of Public W s ITS: (circle one) Secrctars Chief Financial Onicer/Asst. Secretan -l rc:surer R fE A APP ED: COUNTERPART City Manager APPR VED AS TO FORM: ity Attorney to 21-9857/260293 11 of 11 5/19-204092 EXHIBIT "A" A. STATEPOENT 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 followinc 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 of content 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 xvith funding agencies on project delivery and prepare funding requests. • Coordinate with City Attorney for preparation of agreements. • Prepare agenda reports for Citv 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 City staff as needed B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Shall be per CONSULTANT'S State of Qualifications (Exhibit A), consistent with the City of Fluntington 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 most submit the names and qualifications of these staff to City for approval before commending Nvork. EXHIBIT A C. CI fY'S DUTIES AND RI-SPONSIBH..iTIES: 1. Furnish scope ol'work request for each project. 2. Furnish any relevant plans, studies. documents, or drawings to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULF: A project schedule will be developed for each project assigned by City. ENI-IIBIT A H xF IMT «13„ Payment Schedule (Hourly Payment) A. Flourlv Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principal Engineer $220 Senior Structural Civil Engineer $200 Senior Civil Engineer $180 Construction Manager $I65 Associate Civil Engineer $160 Assistant Civil Engineer $145 Resident Engineer/Inspector $135 Junior Civil Engineer $135 Senior GIS Analyst $1 50 Associate GIS Analyst $140 Assistant GIS Analyst $130 Junior GIS Analyst $120 Administrative Assistant $80 13. Travel Charges for time during travel are not reimbursable. C. Billing I. 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; I3) Describe the services performed: C) Show the total amount of the payment due: D) Include a certification by a principal member of CONSULfANT'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. I Exhibit 13 Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY" shall approve the invoice. in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of' the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in. or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hour] rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of' hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT 131 TWl'TN THE CITY OF FIUNfINGTON BEACH AND FOR Table of Contents IScope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 3 term: Dime of Perfbnnance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra NVork...............................................................................................................2 6 Method of Pavment..................................................................................................3 7 Disposition o1 Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .......................................................................................................... 9 Professional Liabilitv Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City EmploNces and Officials..................................................................................7 16 Notices............... ..........................................................................7 17 Consent ....................................................................................................................8 18 L4odification.............................................................................................................8 19 Section Fleadines .....................................................................................................8 20 Interpretation of this Agreement..............................................................................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 Signatories.................................................................................................................10 28 Entiretv......................................................................................................................10 29 L=ffcctive Date.........................................................I.......................I I Ac o' CERTIFICATE OF LIABILITY INSURANCE DATE(MM DD vvvv' II / 1 6/24/2021 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 CONTACT Champion Risk &Insurance Services, L.P. NAME IAI 12250 El Camino Real, Ste 375 AC,ho.EAU. 8 58 369 7900 ._ac N,,; 76049E 281E San Diego CA 92130 AIL ODDNESS censonly@Uampionnsk.net INSURERIS)AFFORDINGCOVE"GE wuce INSURER A Continental Casuahy Co INSURED NLLAA INSURER e Villa Civil 406 Jolina Way w3URER C _ Encinitas CA 92024 INSURER NEWER E F COVERAGES CERTIFICATE NUMBER:3918765M 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. NOT WITHSTANDING 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. POLICY EFF POLICY EX► LTR N31t TYPE OF NSURAMCE -AODL SUER POLICY- NUMBER L�9 A X COrE L GENERAL LIABILITY r 6025750271 SWO20 9/8/2021 EACH OCCURRENCE $2,000.000 pNMsuADE X❑OCCUR PREMISES Me It 1.000.000 LED EXP Ary aiv f10.000 PERSONAL S AOV INJURY f 2,000,000 GEM AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE 114,000,000 POLICY a JPECTT LOC PRODUCTS-0040i ADO $4.000,000 OTHER: NAICF 20443 6 A AIROIg9kELL&JkR 6025760271 9IM020 OISM21 COMBINED SINGLE LIMIT $1.000.000 Me M009,11 ANY AUTO BODILY INUURY(Pw aMOi) f OWNED SC/IEIXILED BODLY INJURY(PM MoaMt) f AUTOS ONLYN AUTOS X HIRED PROPERTYAUTOS ONLYAUTOS ONLY f A X L*SMLU1 L149 X OCCUR Y 67012475751 9/62020 9I6/2021 EACH OCCURRENCE f 3.000.000 EXCESS LM6 CuUMS-MADE AGGREGATE 113,000,000 DIED I I RETENTION 6 wOMQ MCOEPIN"TM AIOENPLOMWLWkm YIN STATUTE 1. 1 R MYMOPRE70"MTNEMMCUTNE E L EACH ACCIDENT S OFFICEr4MEUNREXUU W NIA FeneF"b it" EL.DISEASE-EA EMPLOYE S F eFeub vi0i OF OPERATIONS tlolas E.L.DISEASE-POLICY LNST f A 591943415 111 9/702021 $2 000 000 each dun S2002D00 oggmgele DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Aaa M Sr .M.nuy M M himl N..Apace I.rhpVwWl City of Huntington teach. its officers elected or appointed officials employees.agents,and volunteers are added as additional insured when required by wntten agreement per attached endorsement. This insurance is considered primary with the City's insurance as non-r4pgAbq)&yA!g IVOEAerttenl for 30 day notice of cancellation/10 if non-pay. rLJNI'1 By: MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTIN)BEACH CERTIFICATE HOLDER CANCELLATION 30daysexoept 10 far non payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C,I�ry(�of Huntington Beach 2VW Main St. AUTHMUEDREIRESENTATIVE Huntington Beach. CA 92648 21988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICYHOLDER COPY SP TEE •COMPENSATtON P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-24-2021 GROUP: POLICY NUMBER: 9283035-2020 CERTIFICATE ID: 9 CERTIFICATE EXPIRES: 08-28-2021 08-28-2020/08-28-2021 CITY OF HUNTINGTON BEACH SP JOB:GRANT ADMINISTRATION 8 GRANT WRITING 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This Is to certify that we have issued a valid Wor'..ers' Compensation insurance policy in a form aoproved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which tt may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1 ,000,000 PER OCCURRENCE. ENDORSEMENT N2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE 2020-08-28 IS ATTACHED TO AND FORMS A PART OF THIS POLICY EMPLOYER VILLA CIVIL (A CORP) SP 406 JOLINA WAY ENCINITAS CA 92024 [P12,HOj (REM-2014) PRINTED : 06-24-2021 POLICY NUMBER:602570271 SB-146968-A31 CNA (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE 8 BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property to include as an insured any person or organization damage," "personal and advertising injury" arising whom you are required to add as an additional insured out of an architect's, engineers, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement, but the written contract or written services including: agreement must be: a. The preparing, approving, or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy;and reports, surveys, field orders, change orders 2. Executed prior to the "bodily injury," "property or drawings and specifications by any damage,"or"personal and advertising injury." architect, engineer or surveyor performing services on a project of which you serve as B. The insurance provided to the additional insured is construction manager; or limited as follows: b. Inspection, supervision, quality control, 1. "That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from "your work" for the construction manager. n additional insured which is the subject of the 5. This insurance does not apply to "bodily injury," written contract or written agreement. No "property damage," or "personal and advertising coverage applies to liability resulting from the sole injury"arising out of: negligence of the additional insured. 2. The Limits of Insurance applicable to the a. The construction or demolition work while you are acting as a construction or demolition additional insured are those specified in the written contract or written agreement or in the contractor. This exclusion does not apply to work done for or by you at your premises. Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to,the Limits of Insurance shown in the CONDITIONS —Duties In The Event of Occurrence, Declarations. Offense, Claim or Suit (Section E.2) of the ® 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended within this endorsement and section titled to add the following: LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract" (Section soon as practicable: F.9) within the Businessowners Liability Coverage 1. Give written notice of an occurrence or an offense Form,does not apply to"bodily injury'or"property damage" arising out of the "products-completed to us which may result in a claim or "suit" under operations hazard" unless required by the written this insurance; contract or written agreement. SB-146968-A31 Page 1 of 2 (Ed. 01Y06) (Version 1.0) SB-146968-A31 (Ed.01/06) 2. Tender the defense and indemnity of any claim or against that "suit". If no other insurer defends, we "suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part, the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers. "suit" to any other insurer which also has When this insurance is excess over other valid insurance for a loss we cover under this Coverage and collectible insurance, we will pay only our Part;and share of the amount of the loss, if any, that 4. Agree to make available any other insurance exceeds the sum of: which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part. would pay for the loss in the absence of this We have no duty to defend or indemnify an additional insurance;and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit" from the additional amounts under all that other insurance. Insured. We will share the remaining loss, if any, with any D. OTHER INSURANCE (Section H. 2 & 3) of the other valid and collectible insurance that is not Businessowners Common Policy Conditions are described in this Excess Insurance provision and deleted and replaced with the following: was not bought specifically to aoply in excess of 2. This insurance is excess over any other valid and the Limits of Insurance shown in the Declarations collectible insurance naming the additional insured of this Coverage Part. as an insured whether primary, excess, contingent E. TRANSFER OF RIGHTS OF RECOVERY AGAINST or on any other basis unless a written contract or OTHERS TO US (Section K.2) of the Businessowners written agreement specifically requires that this Common Policy Conditions is deleted and replaced insurance be either primary or primary and with the following: noncontributing to the additional insured's own 2. We waive any right of recovery we may have coverage. This insurance is excess over any other valid and collectible insurance to which the against any person or organization against whom additional insured has been added as an you have agreed to waive such right of recovery in additional insured by endorsement. a written contract or agreement because of payments we make for injury or damage arising 3. When this insurance is excess, we will have no out of your ongoing operations or "your work" duty under Coverages A or B to defend the done under a contract with that person or additional insured against any "suit" if any other organization and included within the "products- insurer has a duty to defend the additional insured completed operations hazard" SB-146968-A31 Page 2 of 2 (Ed.01/06) (Version 1.0) POLICY NUMBER: 6025750271 SB-300120-C CNA (Ed. 06111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE' Name Of Person Or Organization: Vallecitos Water Distrct, its directors, officers, employees, and authorized volunteers. 201 Vallecitos de Oro San Marcos, CA 92067-1453 Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. Who Is An (a) The preparing, approving, or failing to Insured: prepare or approve maps, shop drawings, 4. Any persons) or organization(s) shown in the opinions, reports, surveys, field orders, Schedule is also an additional insured, but only change orders or drawings and with respect to liability for "bodily injury," specifications; and "property damage" or "personal and advertising (b) Supervisory, inspection, architectural or injury,"caused, in whole or in part, by: engineering activities. a. Your acts or omissions; or 2. "Bodily Injury," "property damage," or "personal b. The acts or omissions of those acting on and advertising injury" arising out of any your behalf premises or work for which the additional insured is specifically listed as an additional in the performance of your ongoing operations insured on another endorsement attached to for the additional insured(s); at the location(s) this Policy. designated above; or C. The following is added to Paragraph H. of the c. "Your work" that is included in the Businessowners Common Policy Conditions: "products-completed operations hazard" H. Other Insurance and performed for the additional insured, but only if this Policy provides such This insurance is excess over any other coverage, and only if the written contract or insurance naming the additional insured as an written agreement requires you to provide insured whether primary, excess, contingent or the additional insured such coverage. on any other basis unless a written contract or B. The insurance provided to the additional insured written agreement specifically requires that this does not apply to "bodily injury," "property damage," insurance be either primary or primary and or"personal and advertising injury'arising out of: noncontributing. 1. The rendering of, or the failure to render any professional architectural, engineering, or surveying services, including: SB-300120-C Page 1 of 1 (Ed. 06111) POLICY NUMBER INSURED NAME AND ADDRESS B 6025750271 Villa Civil. 406 Jolina Wav Encinitas, CA 92024 POLICY CHANGES ENDORSEMENT EFFECTIVE 10/28/2020 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. The following Forms) has (have) been amended: Form : S3147052C Title: NOTICE OF CANCELLATION The following Name has been added to this form: VALLECITOS WATER DISTRICT r caalrman of[ne Boaw Sacnhry C-56015-B (ED. 11/91) 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 $58/hr 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 $1301hr 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 Il. 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 II. 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/hr 4 131 City of Huntington Beach " 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 ♦ N,,,N,,,�v.huntingtonbeachca.gov Office of the City Clerk i Robin Estanislau, City Clerk July 28, 2021 Villa Civil, APC Attn: Christy Villa 406 Jolina Way Encinitas, CA 92024 Dear Ms. Villa: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and Villa Civil, APC for On-Call Grant Writing and Administrative Consulting Services" approved by the Huntington Beach City Council on July 20, 2021. Sincerely, �&�4444j,rrauJ Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand