Loading...
HomeMy WebLinkAboutLSA Associates - 2022-04-05 1VPA?4✓c-D ;z-o 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 File #: 22-230 MEETING DATE: 4/5/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Ursula Luna-Reynosa, Director of Community Development PREPARED BY: Celeste Coggins, Administrative Analyst Subject: Approve and authorize execution of 3-year Professional Services Contracts in the amount of $850,000 for On-Call Environmental (CEQA) Services with Psomas. Michael Baker International, Environmental Science Associates, and LSA Associates Statement of Issue: The Community Development Department requires on-call environmental consulting services for as- needed support in preparing documents for compliance with the California Environmental Quality Act (CEQA). Financial Impact: An appropriation to the General Fund will be required when projects requiring CEQA review are confirmed through a task order. Each project will require a matching reimbursement agreement with a project applicant to fund the project at no cost to the City. Recommended Action: lk A) Approve and authorize the Mayor and the City Clerk to execute $850,000 "Professional Services Contract between the City of Huntington Beach and Psomas, for On-Call Environmental (CEQA) Services;" and, B) Approve and authorize the Mayor and the City Clerk to execute $850,000 "Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc., for On-Call Environmental (CEQA) Services;" and, G C) Approve and authorize the Mayor and the City Clerk to execute $850,000 "Professional Services Contract between the City of Huntington Beach and Environmental Science Associates, for On-Call Environmental (CEQA) Services;" and, D) Approve and authorize the Mayor and the City Clerk to execute $850,000 "Professional Services Contract between the City of Huntington Beach and LSA Associates, for On-Call Environmental, City of Huntngton Berk Page 1 or 3 Printed on VNV2022 t� .! File #: 22-230 MEETING DATE: 4/5/2022 (CEQA) Services." Alternative Action(s): Do not authorize the contracts, and direct staff accordingly. Staff will not be able to utilize consultant services for these documents and direct staff to facilitate a different process for document preparation under CEQA. Analysis: On November 18, 2021, the City advertised a Request for Qualifications for On-Call Environmental (CEQA) Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twenty-one proposals were received for Environmental (CEQA) Consulting Services. In accordance with qualifications-based selected procurement, per the Federal "Brooks Act", State SIB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services", the Community Development Department established a review board. Proposals were then evaluated and ranked by the review board. The top four firms were selected according to overall ranking. CEQA review is required for all projects proposed by private applicants. For many planning applications, a project would be exempt from environmental review pursuant to the CEQA Guidelines. However, some projects require preparation of an environmental document such as a negative declaration or environmental impact report to comply with CEQA. These documents require technical studies on specific topics such as geology, hydrology, noise and air quality that require expert analysis from qualified professionals in their respective fields of study. Therefore, the Community Development Department contracts with professional consultants to assist with the preparation of CEQA documents. Preparation of a CEQA document typically adds significant time to the overall processing of a project. When an applicant submits a project, it takes approximately two months to begin CEQA document preparation to obtain proposals and execute a contract with a consultant. This can add two months to an already lengthy process. The four contracts recommended for approval are for on-call environmental (CEQA) services. By utilizing these services, the Community Development Department will be able to streamline the CEQA process for applicants and eliminate approximately two months of processing time from a project. The selected consultant will complete assignments as directed by staff through a proposal and confirmed by a task order. Each proposal will be prepared according to the CEQA needs for a specific project. Each task order issued will be matched with a reimbursement agreement with a project applicant that covers all expenses for the preparation of the CEQA document by the assigned consultant. The financial impact of these activities is net neutral due to the required reimbursement agreement with the project applicant. Preparation of a CEQA document can vary significantly. The cost to prepare a CEQA document can range from $50,000 to $500,000 depending on the type and scope of project submitted. Therefore City of Huntington Beach Pape 2 of 3 Pinted on 3/302022 xv.ere73h t egva " File #: 22-230 MEETING DATE: 4/5/2022 these consultants were selected to meet the projected workload over the next three years with a contract limit of $850,000 each. The proposed contract amounts are a not-to-exceed amount for a three-year term with no guarantee of work. Environmental Status: Approval of professional services agreements, such as the subject professional service contracts and any reimbursement agreements, would not result in a potentially significantly physical impact on the environment. Furthermore, the requested actions do not constitute a "project" pursuant to section 15378 of the California Environmental Quality Act and no CEQA review is required. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Psomas for On-Call Environmental (CEQA) Services. 2. Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc., for On-Call Environmental (CEQA) Services. 3. Professional Services Contract between the City of Huntington Beach and Environmental Science Associates, for On-Call Environmental (CEQA) Services. 4. Professional Services Contract between the City of Huntington Beach and LSA Associates, Inc., for On-Call Environmental (CEQA) Services. 5. Professional Services Award Analysis 6. ,Request for Qualifications City of Huntington Beach Page 3 of 3 Primed on 3/302022 p erel[01y Legie art° 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGI.ON BEACH AND LSA ASSOCIATES- INC. FOR ON-CALL ENVIRONNIENTAL (CEQA) SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of- 1-luntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"Y," and LSA ASSOCIATES, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS. CITY desires to engage the services of a consultant to On-Call Environmental (CEQA) 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- protessional 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 Ryan Bensly 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. 22-11066R76972 I of' I I 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on heg/L Q� , 20gg4 (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 Eight Hundred Fifty Thousand Dollars ($850,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-1106W76972 2 of 11 7. DISPOSITION Of- PLANS. E-.STINIATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation. all original drawings, designs, reports, both field and office notices. calculations, computer code, language, data or programs, maps, memoranda, letters and other documents. shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it secs fit. 8. 1-I01-D HARNILESS A. CONSULTANT hereby agrees to protect, defend, indemnil'y 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 willlLl misconduct of' CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONS UI TANT'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 ol'indentnification 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 [-[armless provision applies in place ol'subsection A above: 22-1 1066n76972 3 of I l "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including. without limitation, costs and fees of litigation ol'every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out ol'. pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT- In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of' whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of' whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work perfommed by it hereunder. This policy shall provide coverage for CONSUL:fANT's professional liability in an amount not less than One Nlillion Dollars (SI,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-1106em6972 4 of I I policy "deductible" of "fen Thousand Dollars (510,000.00) 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 even effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two (2) ),cars to report claims arising from work performed in connection with this Agreement. If CONSULTANT tails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall Furnish to CITY a certificate of insurance subject to approval of' the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; 13. state that the policy is currently in force; and 22-11066/176972 5 of I 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'premiunt. 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 timeh, manner. the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT.AN"T is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee o1 CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes. social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause. and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 32-11066/276972 6 off I event of termination, all finished and unfinished documents. exhibits, report, and evidence shall. at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned. delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 1 5. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of' the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled 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: 22-1 1066m6972 7 of I I TO ur),: TO CONSULTANT: City of Huntington Beach LSA Associates, Inc. ATTN: Director of Community ATTN: Ryan Bensley Development 20 Executive Park, Suite 200 2000 Main Street Irvine, CA 92614 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions. section. paragraph and subject headings, and descriptive phrases at the beginning of the Various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe. or construe the intent of the parties or affect the construction or interpretation of any, provision of this Agreement. 20. INTERPRETATION 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. It' 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 22-11066Q76972 8 of I I neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law. ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE'- ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply Nyith 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 Chas-fer 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. 2-11066n76972 9 of 1 1 24, ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof_ each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26, GOVERNING 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 hereinbelow has the power, authority and right to bind their respective parties to each of the teens of this Agrcement. 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 arc entering into this Agreement freely and voluntarily following extensive arm's length negotiation. and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise. have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 22-11066/176972 10 of I I 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, LSA ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of t I Califomia By: print Mine Mayor ITS: (circle one)Chai residen ice President City Clerk BY INITIATED AND APPROVED: Mi print name ITS: (crrcle one)Secret Chief Financial Office Asst. Director of Community Development Secretary-Treasurer REVIEWED AND APPROVED: COUNTERPART City Manager APPROVED AS TO FORM: City Attorney / 22.1106W76972 I I of I I 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, LSA ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Ca= • By: print name Or ITS: (circle one)ChairmanTresidentN ice President ( 4 LW. 1 . AND eity Clerk y /412Z By: INITIATED AND APPR'Jp'�\/ED: print name �W lL L - 7- ITS: !circle one/Seeretary/ChidFinancial Omcer/Assi. Director of Community Development Secretary -Treasurer R EWED AN APPROVED: COUNTERPART City Manager APPROVED City Attornev 22-1 1066/276972 11 of 11 EXHIBIT "A" A. STATEMENT OP 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 shall issue task orders based upon scope of'services, work schedule, and fec proposal submitted to Cite for its review and approval. 13. CONSULTANT'S DUTIES AND RESPONS1131LITILS: The Consultant may be asked to provide any number of services pertaining to the City's implementation of CLQA. including, but not limited to. the following: • Conduct preliminary review of projects for CLQA purposes • Prepare CEQA documents for the City. including, but not limited to: o Initial Studies in support ofND/MND/MMRP o Addendums to Environmental Impact Reports o Environmental Impact Reports o Notices of Intent/Preparation/Determination/Exemption • Prepare technical studies (e.g. — Traffic, Air Quality. Noise, Cultural Resources. Biological Resources, Energy, and Greenhouse Gas Emissions) • Provide peer review of CI-QA documents prepared by project applicants • Review CEQA/NEPA documents from neighboring jurisdictions/agencies • Required consultations (i.e. NAI IC) • Conduct scoping meetings • Attend public meetings and hearings C. CITY'S DUALS AND RESPONSIBILITIES: 1. Purnish scope of work request for each project 2. Prepare associated reimbursement agreements and collect developer payments in a timely manner in conjunction with projects assigned. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CitN. 1 Exhibit B EXH1131T "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: PLEASE SEE ATTACKED FEE PROPOSAL. B. 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 (late. That total should provide. at a glance. the total fees and costs incurred to date for the project. 3. Acopy 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(asks. In the event CITY rejects or has comments on any such product. CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shalt 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; 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. 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. Exhibit 13 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invited separately to CITY. Such invoice shall contain all of the information required above. and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested. and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 3 Exhibit B EXHIBIT B Cln OF NUNTFNGTON BEACH OUAL IF ICAEIONS FOR ON CALL M"CONSULTING SERVICES Table A: LSA Hourly Billin Rates Effective May 2021 .• Classification Hourly Rate Ran e'_ Planning Environmental''TransportationAir/NoiseCultural/ Biology is Paleontological Resources Principal Principal Principal Principal Principal Principal Principal $175-390 Associate Associate Associate Associate Associate Associate Associate $125-245 Senior Senior Senior Senior Air Senior Cultural Senior Biologist/ Senior $115-220 Planner Environmental Transportation Quality/Noise Resources Botanist/Wildlife GIS Planner Planner/ Specialist Manager/ Biologist/Ecologist/ Specialist Engineer Paleontologist Soil Scientist/ Herpetologist/ Arborist Planner Environmental Transportation Air Quality Noise Cultural Biologist/Botanist/ GIS $85-150 Planner Planner/ Specialist/ Resources Wildlife Biologist/ Specialist Engineer Climate Change Manager Ecologist/Soil Specialist Archaeologist/ Scientist/ Architectural Herpetologist/ Historian/ Arborist Paleontologist Assistant Assistant Assistant Air Quality/Noise Cultural Assistant Biologist/Assistant $85-100 Planner Environmental Transportation Analyst Resources Botanist/Wildlife GIS Planner Planner/ Analyst Biologist/Ecologist/ Specialist Engineer Soil Scientist/ Herpetologist/ Arborist Field Services Senior Field Crew/Field Crew $80 100 Office Services Graphics $115-150 Marketing $75-125 Office Assistant $65-115 Project Assistant $70-145 Research Assistant/Intern $50-80 Word Processing/Technical Editing $95-125 1. The hourly rate for work involving actual expenses in court(e.g., giving depositions or similar expert testimony) will be billed at$400 per hour regardless ofjob classifications. 2. Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted up to 4 percent to reflect changing labor costs at LSA's discretion at that time. Fee Schedule I P a g e CM OF HUNTINGTON BIFACH DUAL IF(CATIONS FOR ON CALL IC[CIA)CONSUITING SLRVICLS Table B: LSA In-House Direct Costs Effective May 20211 Description L Description Reproduction 8.5 x 11 B/W $0.07 r e GPS Unit $75.00 r day Reproduction (8.5 x 11) $0.40 per page Total Station Surveying $50.00 per day Color Instrument Reproduction 11 x 17 BIW $0.10 r e Level Laser or Optical) $25.00 r day Reproduction 11 x 17 Color $0.75 r e Laser Rangefinder $25.00 r day CD Production $5.00 per CD Sound Meter $75.00 per day USB Flash Drive $5.00 per drive Sound Meter with Velocity $85.00 per day Transducer Plotting $3.75 per sq. ft. Aerial Photo Cost Aerial Drone $200.00 per day Boat Rental $125.00 per day Mileage On-Road Current federal rate Water Quality Meter $25.00 per day Mileage Off-Road Current federal rate Night Vision Goggles $50.00 per unit per night Direct costs shall be reimbursed at cost plus 10 percent. Fee Schedule I P I s° ity INSURANCE AND INDEMNIFICATION WAIVER „, MODIFICATION REQUEST 1. Requested by: Community Developement 2. Date: March 21, 2022 3. Name of contractor/permittee: LSA Associates, Inc. 4. Description of work to be performed: Professional Services Contract for On-Call Environmental Services. 5. Value and length of contract: 3 years not to exceed $850,000 6. Waiver/modification request: Professional Liability Deductible of $50.000 7. Reason for request and why it should be granted: LSA Associates has provided a financial statement that shows they are in good financial standing. LSA carries a $50,000 deductible in keeping with the standards of their profession. 8. Identify the risks to the City in approving this waiver/modification: Low zz Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office Is only required if Risk Management and the City Attorney's Office disagree. 1. Ris Management Approved ❑ Denied _i�/`zlirt<" Signature Date 2. City ttorney's Office Approved El Denied -- �� a U_ Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form -Vianate 3/21/2022 9:39:00 AM • oA,e IMrvYl ALA o CERTIFICATE OF LIABILITY INSURANCE 9/30f2022 3 2oz2woorY 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. i IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED,the policy(los)must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IS WAIVED,subject to the tonns and conditions of the policy,certain policies may require an endorsement. A statement on this congicato does not confor rights to the cortlficato holder In Ilou of such endoraemonl s. PRODUCER l.ocklon Insurance Brokers,LLC CONTACT LANs:___ 777 S.FigucroN Street,52nd FI. tlE Ac o CA License 80F IPa!q�l,oG,.N 15767 EMASL LOS Angeles CA 90017 ADA935' -_ (213)689-0065 INSURERS AFFORIONO COVERAGE NAIL I 1 INSURER A;Nnttionnl Fire lnstuance Coof Hmfold 20478 INSURED INSURERB:Va[Ley_rDrgC II15IIrRRCC Colnnnnv 20508 1492742 LSE Executive Pink,SInc' 201ixecutive I'nes'rk,Suite 200 INSURER c:'Ibkio Marine Specialty InswTlnce Coln rU+ 23850 Irvine CA 92614 INSURER D msuRER e INSUR[ F: COVERAGES I.SAASO] CERTIFICATE NUMBER: 18322155 REVISION NUMBER: XXXXXXx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO vNIICH 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 RAVE BEEN REDUCED BY PAID CLAIMS. IN fl Y ICY F P CXP lLMNS TYPE OF INSURANCE POLICY NUMBER MMOO ., A X COMMERcwLOENERALLMRIUTY Y Y 701550564E 9131Y2021 9/30/2022 EEACHOCC LRR ENCEE s 1,000,000 0.NM64MOE MOCCUR S 1000.000REMISES(ESM X Cent LikI Inel. MEDEXP aru erwn S 15000 PERSONAL 4 ADV INJURY 1 1 000,000 OENL AGGREGATE�LURpAT APPLIES PER: DENERAL AODREOATE S 2 OOO 0O �IOy a JECI LOC PRODUCTS wCOMI O AGO s 2,000,000 s OTHER: B Au,oMoaaeLABIL v v wlssnwn 913a:021 913012022 �bta ° s 0000� ANY AUTO e001LY INJURY(Per porwn) S XXXXXXX DYAHED SCHEDULED ROOIYI"AIRY IF.E:<IdOm S xxxxxxX AUIOSONLY r1 TOS aR HIRE° N_OM4ED fliFtrouldedJ S XXXXxxx AUTOS ONLY n— N AUTOSONLY s 1,000 UMBRELLA IIAB «CUR NOT APPLICA II LE EACHOCCURRENCE Sxxxxxxx eXcesa uno CLAI&IS DE ADCREOATE t XXXXXXx DED RETENTIONS Sxxxxxxx WORKERS COMPCNSANON A AND EMPLOYERS'LABILITY 7015505603 tCA 913012DZI 9/J0/2021 X — A ANY PROPRIETON'AfliHER4:XECUTWE YIN 70 530$-069(US�.& I) 9/3D/2021 9/30,7022 E.L.EACH ACCIDENT S 1,000,000 OFFIOCrLMCMKREXCLU0E0i F—Nj NIA IAIandStory A Nl9 E.L.DISEASE.EA EMPLOYE S 1 0100,000 IIyyoL duUOA UMee EI POLICY LINT I 0 DESCRIPTIONOF OPEfUTgHe Wcvr C Contractors l'ollulien& N N I'I'X2330033 9/30/2021 9/30/2022 1 S2,000,000 aea./S4,DOO,0DD Ogg. Proressional Liab. Ded.S50,000 ICIlusdive dale:614/1976 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD fat,AddWoml RerPAeF S<Mdule.mry be AIMCMd If men.PeFF 1.nadlwl HE:Pro*tNo.CEQA On-Cell,CdeRe Coenins.City or Ilmeil,ton 11"03,its alTlcerl,elated of Iplwi,xas oncklA<mpbyea,n5e .Ind wI.t aro a.R so Addiliand[.,mho thewarn pwridcd by the polity Inniupo or a,dawman 4.M oT oppr d by the inuann<e ender.\\liver off SnWgPlial appl¢r per ollxl.d udor,nxtu(s)or Polity Ier,Enene Inun.m.@oddcd to Additiaulh.R.)hprmuryu,d,nn<,wrib,Oay RP dwrucnt""MM by the pnliq 1-11-1 orn,dona,wn isnwd a v .,.d by IAe intu.... umer.RON"o Cmedlnia,Fppii.per It. epplicOble p^ticy NO,.,Of aVlaun,aNF. CERTIFICATE HOLDER CANCELLATION See Attachnlehts - 18322156 City of Huntington Beach THE EX INY OF THE ABOVE DESCRIBEDTICSPOLICIES LL CANCELLED BEFORE (A111111unit Development Dc)l.3rd Floor THE EXPIRATION DATE THEREOF, NOTICE LNLL BE DELIVERED IN y P I ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntinglon Beach CA 92648-0000 AUIHORREDHEPReSEN ®1 88.201 C(AD CORPORATION. All rights reserved. ACORD 25 j2016100) Tho ACORD name and logo are registered marks of ACORD City of Huntington Beach ` 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ %NiNrNv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 14, 2022 LSA Associates, Inc. Attn: Ryan Bensley 20 Executive Park, Suite 200 Irvine, CA 92614 Dear Mr. Bensley: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and LSA Associates for On-Call Environmental (CEQA) Services approved by the Huntington Beach City Council on April 5, 2022. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Services SERVICE DESCRIPTION: Consulting services pertaining to the City's implementation of CEQA, including but not limited to, the following: - Preliminary review of projects for CEQA - Initial Studies in support of ND/MND/MMRP - Addendums to Environmental Impact Reports - Technical studies - Peer review of CEQA documents - Conduct scoping meetings - Attend public meetings and hearings VENDOR: Psomas OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Managerial Specialist 2. Deputy Director 3. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 208.90 Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 27.80 30 Firm Qualifications 70 75 Staffing 70 75 Understanding & Methodology 41.10 45 Total 20.8.90 '225 'Psomas-Summary of Review • Psomas submitted a clear and comprehensive proposal for the RFQual. This firm has an understanding of the work required and a highly qualified staff is present for future project requests. In addition, this firm has current projects within multiple City departments. Psomas— Pricing: Low end: $80/hr High end: $275/hr 211 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Services SERVICE DESCRIPTION: Consulting services pertaining to the City's implementation of CEQA, including but not limited to, the following: - Preliminary review of projects for CEQA - Initial Studies in support of ND/MND/MMRP - Addendums to Environmental Impact Reports - Technical studies - Peer review of CEQA documents - Conduct scoping meetings - Attend public meetings and hearings VENDOR: LSA Associates, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Associate Planner 2. Principal Planner 3. Planning Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 206.70 Minimum Qualifications Review Total - - -- - - - ---•- Weighted Maximum Criteria Score Score Proposal Clarity 27.60 30 Firm Qualifications 70 75 Staffing 69.50 75 Understanding & Methodology 39.60 45 Total 205.70 225 LSA•'— Summary,of Review . • LSA describes relevant and local coastal experience. Their proposal included their the depth of experience and technical staff. The proposal was clearly written and demonstrated research of Huntington Beach with reference to recent work performed in the City. LSA-;Pricing • Low end: S50/hr • High end: 5390/hr 212 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Services SERVICE DESCRIPTION: Consulting services pertaining to the City's implementation of CEQA, including but not limited to, the following: - Preliminary review of projects for CEQA - Initial Studies in support of ND/MND/MMRP - Addendums to Environmental Impact Reports - Technical studies - Peer review of CEQA documents - Conduct scoping meetings - Attend public meetings and hearings VENDOR: Environmental Science Associates (ESA) OVERALL RANKING: 3 (tied) SUBJECT MATTER EXPERTS/RATERS: 1, Associate Planner 2. Principal Planner 3. Planning Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 205.70 Minimum Qualifcations Review Total Weighted Maximum Criteria Score Score Proposal Clarity 28.8 30 Firm Qualifications 68.50 75 Staffing 67 75 Understanding & Methodology 41.40 45 Total 205.70 '225„.- ESA—Surrimary of Review • ESA scored the highest on the clarity of their proposal. Their staff has extensive experience with numerous public and private developments. Their proposal provided a good description of their implementation and execution success. ESA-Pricing; " • Low end: $90/hr • High end: $325/hr 213 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Services SERVICE DESCRIPTION: Consulting services pertaining to the City's implementation of CEQA, including but not limited to, the following: - Preliminary review of projects for CEQA - Initial Studies in support of ND/MND/MMRP - Addendums to Environmental Impact Reports - Technical studies - Peer review of CEQA documents - Conduct scoping meetings - Attend public meetings and hearings VENDOR: Michael Baker International, Inc. OVERALL RANKING: 3 (tied) SUBJECT MATTER EXPERTS/RATERS: 1. Associate Planner 2. Principal Planner 3. Planning Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 205.70 Minimum Qualifications Review ' Total Weighted Maximum Criteria Score Score Proposal Clarity 27.60 30 Firm Qualifications 69.50 75 Staffing 69 75 Understanding & Methodology 39.60 45 Total 205.70 225 Michael Baker'_=Summary of Review • Michael Baker has good experience and shows positive performance on many projects within the City. The proposal presents their in house approach as a desirable choice for the City with a highly qualified and experienced staff to support future projects. Michael Baker- Pricing • Low end: $90/hr — • High end: $390/hr 214 "'u vn•• / REQUEST FOR QUALIFICATIONS FOR ON-CALL ENV"IRONNIENTAL (CEQA) CONSULTING SERVICES COiNINIUNITY DEVELOPMENT DEPARTMENT CITY OF HUNTIN'GTON BEACH Released on November 18, 2021 215 ON-CALL ENVIRONMENTAL CONSULTING SERVICES REQUEST FOR QUALIFICATIONS (RFQ) 1. BACKGROUND The City of Huntington Beach Community Development Department is seeking a statement of qualifications (SOQ) from professional environmental consulting firms to provide on-call environmental consulting services for Planning related development projects on an as-needed basis. The City will be selecting firms with experience in preparation of environmental impact reports, negative declarations, initial studies, technical studies, and environmental notices. Interested consultants who can successfully demonstrate their ability to provide environmental consulting services are invited to submit qualifications. Through this RPQ, the City will select a pool of qualified consultants to establish a list of professional environmental consultants to provide services for a three year period commencing upon the creation of the list. Subsequent to the establishment of a qualified list, selected consultants may be asked to prepare specific proposals for projects as they are submitted. If a proposal is selected, the consultant would enter into a Professional Services Agreement with the City of Huntington Beach to provide CEQA services per an approved scope of work. 2. SCHEDULE OF EVENTS This request for qualifications will be governed by the following schedule: Release of RFQ November 18, 2021 Qualification Statements are Due December 15, 2021 Qualification Evaluation Completed January 14, 2022 Approval of List of Qualified Consultants January 21, 2022 3. SCOPE OF SERVICES The Consultant may be asked to provide any number of services pertaining to the City's implementation of CEQA, including, but not limited to, the following: • Conduct preliminary review of projects for CEQA purposes • Prepare CEQA documents for the City, including, but not limited to: o Initial Studies in support of ND/t\1ND/MMR_P o Addendums to Environmental Impact Reports o Environmental Impact Reports 216 o Notices of hitent/Preparation/Determination/Exemption • Prepare technical studies (e.g. — Traffic, Air Quality, Noise, Cultural Resources, Biological Resources, Energy, and Greenhouse Gas Emissions) • Provide peer review of CEQA documents prepared by project applicants • Review CEQA/NEPA documents from neighboring jurisdictions/agencies • Required consultations (i.e. N.AHC) • Conduct scoping meetings • Attend public meetings and hearings 4. PROPOSAL FORMAT GUIDELINES Interested consultants are to provide the City of Huntington Beach with a thorough statement of qualifications using the following guidelines: Statement should contain no more than 20 typed pages using a 12-point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each statement should adhere to the following order and content of sections. Proposal should be straightforward, concise and provide `layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFQ instructions, responding to the RFQ requirements, and on providing a complete and clear description of qualifications. Statements of Qualifications, which appear unrealistic in the terns of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of the City's Professional Services Agreement, may be rejected. The following sections are to be included in the response: A. Vendor Application Form and Cover Letter Complete Appendix A. "Request for Proposal-Vendor Application Form" and attach this form to the cover letter. A cover letter, not to exceed three pages in length, should summarize key elements of the statement. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the consultant fees and hourly rates will be valid for a period of at least I SO days. Indicate the address and telephone number of the contractor's office located nearest to Huntington Beach. California and the office from which the on-call services will be managed. V B. Background and Experience Section The information in this section should inicude a brief statement of your understanding of the City and the scope of services to be provided in addition to addressing the following items: l) Describe the firn's background, business expertise/experiences, specialties, and capabilities to perform professional consultant services with the application of CEQA related to development projects. This should include the preparation of various environmental documents, the ability, to review technical studies and 217 knowledge of CEQA processes as it relates to typical development projects. Please describe the firm's ability to prepare and review: • Initial studies, • Environmental exemptions, • Negative Declarations, • \litigated Negative Declarations, • Environmental Impact Reports, • Associated technical studies, such as air quality, biology, noise, }ra ffi CIHA 1 I, cultural resources, greenhouse gas emissions, and energy. • Environmental mitigation and implementation measures. The statement should also demonstrate the firm's understanding of the key issues related to environmental analysis and the firm's familiarity with the issues and challenges associated with development in the City of Huntington Beach. Please' tcClindicate how you ascertained this inforniation. 2) Provide a description of the firm's local, state and/or regional experience in preparing or reviewing environmental documents as described above. 3) Describe any characteristics of the firm that would be uniquely relevant in evaluating the experience of the proposers firm to handle various potential environmental projects. 4) Briefly describe the legal challenges your firm's environmental documents have been subject to and the success rate that the environmental documents prepared by your firm have held up to legal challenges. 5) Provide a description of the methods, including controls by which your firm manages projects of the type sought by this RFQ, and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 6) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section. C. Staffino Provide a list of key individual(s) who would be assigned to work on projects for the City of Huntington Beach and indicate the functions that each will perform. Include a resume for each designated individual. Include a brief description of any sub-consultants with whom the firm partners and a description of the services those consultants provide (e.g. air quality, GHG, historic/cultural resource evaluation, etc.). Provide specific examples of projects completed by the firm and sub-consultant as a team. 218 Upon award of a contract, and during the contract period, if the firm chooses to assign different personnel to a project, the firm must submit their names and qualifications including information listed above to the City for approval before they begin work. D. Qualifications and References The information requested in this section should describe the qualifications of the firm. key staff' and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perfonm these services. Information shall include: l) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of services. 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Qualifications. 3) Provide at least five local references that received similar services from your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Project Description ♦ Project star and end dates ♦ Client project manager name, telephone number, and e-mail address E. Fee Schedule Provide a complete time and materials fee schedule for all services provided by the consultant, including hourly rates for all proposed stafflttn31. Please include all costs that are typically billed separately as direct expenses (e.g. copy or document delivery fees). Please include any information on subs typically used for specific services. 5. PROCESS FOR SUBi11ITTING STATEMENT OF QUALIFICATIONS All SOQs must be submitted in PDF file format. ♦ Content of Statement of Qualifications The Statement of Qualifications must be submitted using the format as indicated in the proposal format guidelines. • Preparation of Statement of Qualifications Each Statement of Qualifications shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. ♦ Number of Statement of Qualifications Submit one (1) PDF file format copy of your Statement of Qualifications in sufficient detail to allow for thorough evaluation and comparative analysis. 219 ♦ Submission of Statement of Qualifications Complete written Statement of Qualifications mast be submitted electronically in PDF file format via the Planetbids.cont website no later than 4:00 p.m. (P.S.T) on December 15, 2021. Statements of Qualifications will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. ♦ Inquiries Ouestions about this RFQ Hurst be directed in writing, via a-mail to: Jennifer Anderson, Senior Buyer jennifer.anderson@surfcity-hb.org From the date that this RFQ is issued until firms are selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFQ. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the Citv. ♦ Conditions for Proposal Acceptance This RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City; at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFQ to negotiate with any qualified source, or to cancel this RFQ in part or in its entirety. All proposals will become the property of the Citv of Huntington Beach, USA. if any proprietary information is contained in the proposal, it should be clearly identified. 6. EVALUATION CRITERIA The City's consultant evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFQ requirements B. Understanding of the project C. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies D. Educational background, work experience, and directly related consulting experiences E. Price F. References The City may also contact and evaluate the firm's and any identified subconsultant's references; contact any firm to clarify any response; contact any current users of a firnrs services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the City. 220 After written Statements have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the SOQ. The individual from your firm that will be directly responsible for carrying out a contract, if awarded, should be present at the oral interview. The on-call list will include consultants that have been prequalified to provide on-call CF.QA services on an as-needed basis. The on-call consultant list will be valid for a period of three years. Subsequent to the establishment of a qualified list, selected consultants may be asked to prepare specific proposals for projects as they are submitted. If a proposal is selected, the consultant would enter into a Professional Services Agreement with the City of Huntington Beach to provide CEQA services per an approved scope of work. 7. STANDA.RD 7"ER1MS AND CONDITIONS ♦ Amendments The City reserves the right to amend this RFQ prior to the due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & RFP's; bidders should check this web page daily for new information. ♦ Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City. ♦ Contract Discussions Prior to award of a professional services agreement, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. See Exhibit B for a sample agreement. • Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non-disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals. ♦ Financial Information The City is concerned about bidders' 'financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firrt's financial capabilities. ♦ Insurance Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) o❑ file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of 221 Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. Please carefully review the .Sample Agreement and Insurance Requirements before responding to the Request for Qualifications enclosed herein. The terms of the agreement, including insurance requirements have been mandated by Of , Council and cart be modified only if extraordinary circumstances exist. Your response to the Request for Qualifications mast indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The Ciq- will consider this in determining responsiveness to the Request for Qualifications. 222