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Psomas - 2022-04-05
11rPk6vcD 7-0 2000 Main Street. Huntlngton Beach,CA City of Huntington Beach 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 Psomaa, 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: 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, .�r 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 Huntington Beach Page t of 3 Printed`o'n'313012022 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 SB 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 S50,000 to $500,000 depending on the type and scope of project submitted. Therefore City of Huntington Beach Page 2 of 3 Printed on 3/30/2022 powereMj legistari° 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(s1: 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 Printed on 3/30/2022 oowerel3�Leg,suu'- 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR ON-CALL ENVIRONMENTAL (CEQA) SERVICES THIS AGREEMF-.NI' ("Agreement') is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY." and PSOMAS. 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 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 Jim Hunter 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. 22-1 10etme9723 1 of I I 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on April Srk" , 20 2Z (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." 22-11067/2769723 2 of I I 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including. Without limitation, all original drawings, designs, reports, both field and office notices. calculations. computer code, language, data or programs. maps, memoranda. letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of 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, defend, indemnify and hold harmless CITY, its officers. elected or appointed officials, employees, agents and Volunteers from and against any and all claims, damages, losses, expenses, judgments. demands and defense costs (including. without limitation. costs and fees of' litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT. its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of 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: 22-11067R 769723 3 OI- I I "CONSULTANT hereby agrees to protect. defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, emplovees, 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 B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE- CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONS ULTANI 's professional liability in an amount not less than One Million Dollars ($1 .000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-11067/2769723 4 of I I policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. 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 any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. lf-CONSULTANT fails or refuses to produce or maintain the insurance required by this section or tails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder. CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and police number of each carrier and policy; 13. state that the policy is currently in force; and 22-110670769723 5 of 1 1 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of' the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner. the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is. and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security. state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers. agents and employees and all business licenses. if anv. in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONS UL.TANT'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 22-1 1067m6e72; 6 of I 1 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 subconsuttants must satisty the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPY RIG I-ITS/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 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 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: 22.11067O 769723 7 of I I TO CITY: TO CONSULTANT: Cite of Huntington Beach Psomas ATTN: Director of Community ATTN: Jim Hunter Development 5 Hutton Drive, Suite 300 2000 Main Street Santa Ana. CA 92707 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. I& 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 FIEADINGS 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 ofreterence 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 01" 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 22-110070769723 8 of 1 1 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 oC 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. 1IMNIIGRATION CONSULTANT shall be responsible for fiill 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 Fhouingion Beach Cirt, 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. 22-1 iae7n_7a9r2s 901, 11 24. A'ITORNEY'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 attorneys 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 contest 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 ann's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations. inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf. which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation. inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 22-1106712769723 10 01. 1 1 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, PSOMAS CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: ' print name Mayor ITS: (circle one)Chairman/Presiden iu President AND City Clerk By: i.6t' -` ' INITIATED AND APPROVED: C_I.t AID I PJ I print name ITS: (circle orte)(IE�Chid Financial(NLcer/Asst. Director of Community Development Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney I(� 22-11067/2769723 11 of I I COUNTERPART 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, PSOMAS CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Calif 1i,1 By: print name Ma r I , ` ITS: (circle one)Chainn /P anresident/V ice President q4 -"4 1 1 AND City Clerk By: INITIATED AND APP�,R6,VED: print name V 1" L.0 P. ITS: (circle om)Secretary/chief Financial Officer/Asst. Director of Community Development Secretary-Treasurer RE WED AN PPROVED: City Mana r APPROVED F City Attorney f{(f 22-1106712769723 11 of I I COUNTERPART EXHIBIT "A" A. STATEMENT 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 shall issue task orders based upon scope of services. work schedule, and tee proposal submitted to City for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 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 ol'projects for CEQA purposes • Prepare CLQA 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 CEQA documents prepared by project applicants • Review ClQA/Nl-PA\ documents from neighboring jurisdictions/agencies • Required consultations (i.e. NAHC) • Conduct scoping meetings • Attend public meetings and hearings C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project 2. Prepare associated reimbursement agreements and collect developer payments in a titnely manner in conjunction with projects assigned. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by City. I Exhibit B EXI-11131T "B" Payment Schedule (Hourly Payment) A. I-lourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule. PLEASE SEE ATTACHED FEE PROPOSAL. B. Travel. Chartres 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 month[_\, 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 percentagc of work completed. Upon submission of any such invoice. if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of' tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. It' CITY does not approve an invoice. CITY shall 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 B 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 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 ol' 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 E E SCHEDULE ENVIRONMENTAL SERVICES FEE SCHEDULE EFFECTIVE THROUGH 12/31/20220 C _ASSIFi AT10N HOURLY BILLING RATES Principal-in-Charge 5340-5275 Air Quality,Climate Change and Noise Manager 5210-S23o Habitat Restoration Manager 5195-5210 Regulatory Permitting Manager 5195-$310 Senior Project Manager,Environmental SI8O-S240 Senior Environmental Planner S145-$210 Senior Restoration Ecologist $145-S190 Senior Project Manager/Biological Resources Manager S140-S205 Senior Archaeologist/Paleontologist $140-S160 Project Manager' 5135-5170 Environmental Planner 5130-5165 Regulatory Permitting Specialist S128-S16S Senior Field Technician $125-5155 Certified Arborist 5120-SI70 Assistant Project Manager,Environmental $110-5160 Senior Biologist/Senior Ecologist 5120-S16o Air Quality,Climate Change,and Noise Specialist 5110-S15S Environmental Analyst SIOO-SIaS Biologist $too-S16S Archaeologist/Paleontologist S90-S135 Field Technician' $90-$135 GIS Manager $165-5165 Senior GIS Analyst S12o-$155 GIS Specialist S95-S125 Graphic Artist $100-5135 Technical Writer/Editor S95-S130 Word Processor S1o0-$125 Project Assistant/Administrative Assistant $Bo-$110 REIMBURSABLE COSTS Mileage Federal Standard Mileage Rate Reprographics(Outside) at cost plus 10% Reprographics(Inside) Request Printing fee sheet Other Out-of-pocket Expenses at cost plus 109b Subconsultants at cost plus 10% Plotting'. Color Band 51.50 per sq ft Color Photo Glass S2.50 per sq ft Aerial Maps:Fewer than 500 acres 5200 Aerial Maps-500-1.500 acres $ISO Aerial Maps:Greater than 1,500 acres SSOO 'Environmental Planning,Biological Resources and Cultural Resources 'Air Quality/Climate Change/Noise Analysis,Biological Resources,and Cultural Resources 'Rates adjust annually LINSCOTT FEE SCHEDULE GREENSPAI E1Tective January 1, 2020 Engineers 6 Planners TITLE PER HOUR T""r Pansporlaoon Principals Park,ng Principal Engineer..............................................................................................$ 268.00 Associate Principal Engineer.............................................................................5 240.00 Unscon.Law& Planning/Design Manager..................................................................................$ 224.00 Greenspan,Engineers 2 Executive Circle Transportation Engineers Soite 250 Senior Transportation Engineer.........................................................................5 198.00 Irvine,CA9261e Transportation Engineer III................................................................................5 175.00 11119A29i179r Transportation Engineer II.................................................................................5 148.00 9aaa5ale r Transportation Engineer I..................................................................................5 127.00 wwwllgengineerscom Transportation Planters Pasadena Senior Transportation Planner...........................................................................5 175.00 Irvine Transportation Planner III..................................................................................5 148.00 San O'ega Transportation Planner 11...................................................................................5 127.00 Woodland Hass Transportation Planner I ....................................................................................5 113.00 Technical Support Engineering Associate II....................................................................................5 126.00 Engineering Associate I.....................................................................................5 122.00 Engineering Computer Analyst If......................................................................5 120.00 Engineering Computer Analyst I.......................................................................5 95.00 SeniorCADD Drafter........................................................................................$ 122.00 CADDDrafter III...............................................................................................5 113.00 CADDDrafter II................................................................................................$ 100.00 CADDDrafter I .................................................................................................$ 96.00 Senior Engineering Technician..........................................................................5 122.00 Engineering Technician 11..................................................................................5 113.00 Engineering Technician I...................................................................................$ 96.00 Word Processor/Secretary..................................................................................$ 80.00 Engineering Aide l.............................................................................................5 61.00 1a/�MtisaRPEns sea ri llim A IaIK PE na,mia Public Hearing and litigation support may he charged at 125%of the base rate. Consultation in connection with Jack M.Brewna PE em litigation and Court appearances will be quoted separately. Paw w Nnkanx n.PE I" Project-related mileage will he billed at the prevailing standard mileage rate as determined by the IRS. Jaen P Kenn.,PE Subcontractors and other project-related expenses will be billed at cost plus 15oa Oawd S.shend.r.PE John A Bparman,PE The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourh rates. Clare M tpoFJaegm,PE Interim and/or monthly statements will he prewmed for completed work. These %ill be due and payable upon aaherd E.Barrevo.PE presentation unless prior arrangements arc made. A finance charge of 1.5%tray be charged each month on the unpaid balance. Knl o.Maaerrv.PE weam B.Munat PE KerianC YK14pu,PE MIGMICaewn F .a Na GROUP DELTA CONSULTANTS, INC. FEE SCHEDULE AND TERMS&CONDITIONS 2021 HOURLY CHARGES FOR PERSONNEL (Engineer/Geologist/Scientist) PRINCIPAL $245 ASSOCIATE $225 SENIOR $195 PROJECT $180 SENIOR STAFF $165 STAFF $155 SENIOR PRINCIPAL $295 DESIGNER/ ILLUSTRATOR/AUTOCAD $100 TECHNICAL/ PROJECTSUPPORT/ADMIN $80 DRIVER/PICKUP & DELIVERY OF SAMPLES $95 TESTING &INSPECTION SERVICES PROJECT MANAGER $185 QUALITY CONTROL MANAGER $165 LABORATORY MANAGER $140 SENIOR ENVIRONMENTAL TECHNICIAN $140 ENVIRONMENTAL TECHNICIAN $100 TECHNICIAN /INSPECTOR- PREVAILING WAGE $130 TECHNICIAN /INSPECTOR—NON-PREVAILING WAGE $95 TECHNICIAN/LABORATORY TESTING $95 CHARGES FOR EQUIPMENT VEHICLE: FIELD VEHICLE $ 8/hour MILEAGE (PER CURRENT IRS RATES) $0.56/mile NUCLEAR DENSITY GAUGE $ 8/hour PHOTO IONIZATION DETECTOR $ 35/hour XRF DEVICE $ 100/day HAZARDOUS GAS SAFETY MONITOR $ 25/hour OTHER CHARGES Outside services will be charged at cost plus 15 percent (15%).Technician and support personnel time for work over eight(8) hours per day will be charged at 1.5 times the regular rates. Holidays, hours over twelve (12) per day, and all weekends hours will be charged at 2.0 times the regular rates. Prevailing wage hourly rates will be increased in accordance with the Department of Industrial Relations annual increases as they take effect. Fees for participation in deposition,arbitration,trial,etc.,will be charged at an hourly rate of$400 per hour, 4-hour minimum, portal to portal. _ iC (IaMffiDA� a 3zr2➢CERTIFICATE OF LIABILITY INSURANCE DATE 2 zz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(los)must have ADDITIONAL INSURED provisions or he endorsed. It 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 endorsament(s). VON PftoouccR NAMe T Karin Thor Assured Partners Design Professionals Insurance Services, LLC PHO)1E 714-427-6810 -�A c,Nor.71a-a27-6816 3697 M1. Diablo Blvd Suite 23U ENAIL Lafayette CA 94549 • Des! nProCensla�AssureclPartners.cem WSURERIS)AFrORGING COVERAGE NAICi UCa9ee.9L6W@Z45 INSURER A:XL Specialty Insurance Co. 37885 INSURED P"01Rti' INSURER O: PSOMAS 555 South Flower Street, Suite 4300 INSURER C: Los Angeles CA 90071 INSURER u: WSURER E; INSURER F COVERAGES CERTIFICATE NUMBER:1797504152 REVISION NUMBER: THIS IS TO CE..TIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOIWITHS'IANDING ANY REOUIREMENr, TERM OR CCNDIr'ION 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 Al THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 4001 dean POLICYI POLICY EXP LTN TYPE OF INSURANCE INSD WVD POLICY NUMBER M W Yy) fla"Wyyyyl LIMITS COMMERCIAL O EN ERAL LIABILH Y FACH OCCURRENCE: $ CIAIS MADE El OCCUR DAFiAGt-T'0ArRTEI5-- $ FF_I a o:SNi OcaL MEU EXP 5 PFRSONAI,$AOV INJURY $ GEN L AGGREGATE LLUIT APPLIES PER: GENERALAGGREGATE 5 POLICY n JFCT ` II.00 PRODUCTS-COMP/OP ADD $ _ OTHER: $ AU TOMOHILE LIABILITY COMBINNErD SI NCLE LIWT S ANYAUIO BCDILY INJURY(Pot W.) 5 OWNED se 0 ED APP OVEDA BODILY INJURY(Par ac danl) $ _ AUTOS ONLY AUTOS 70.FORM VIREO NON�OWNEO PROPERTY nAMAGF. 5 AUTOS ONLY AUTOS ONLY (Per nn'Jde'111 By: 5 UMBRELLA LIAa MCIW I Ll . GATES EACHOCCURRENCE S G1A.18MAnH Cm OF , TT Nry EXCESS LIAb A(K)HEOATE 5 —__ — H 1NT1N ON DEAC DCD HETENiION$ 5 WORKERS COIRPENSAHON PF.R OTH S' - ANDEMPLOYERLIABILI'Y YIN STA]_VT[ ER ANYPROPWETORIPARTNEHIE%ECUTIA E.L EACH ACCIDENT 5 OFFICERAVEMBERE%CLUDEW ❑ NIA IMMd.tor In NH) EL.DISEASE-FA EAIPLOYEF $ u wwa,do:<noo u d« UE3 RIPTION OF OPERATIONS W'vn E1-DISEASE-POLICY LIMIT S A Pm'e MrW ItatUdy OPR9983805 10/15/2011 IWIII1012 Per Clam 51,000 U00 Gn'ara"add, Annual AN agale st,000000 OadurJlEle $10,000 DESCRIPTION OF OPERA'IONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may he peached 11 more Space IS ra9aaed) 3HUN011000,On-Cell CEOA Environmental Services. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ricky Ramos 2000 Main Street,3rd Floor AU HORIZEDREPRCSENiATIVE Huntington Beach CA 92648 I _�ln O2 ©19BB•2015 ACORD CORPORATION. All rights resolved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • N,ntitiv.huntingtonbeachca.gov Fa`U.:1p9.'O Office of the City Clerk Robin Estanislau, City Clerk April 14, 2022 Psomas Attn: Jim Hunter 5 Hutton, Suite 300 Santa Ana, CA 92707 Dear Mr. Hunter: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and Psomas for On-Call Environmental (CEQA) Services approved by City Council on April 5, 2022. Sincerely, e&�444 j� Robin Estanislau, CIVIC 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 EXPERTSIRATERS: 1. Managerial Specialist 2. Deputy Director 3. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: 208.90 Minimum Qualifications Review Total Weiqhted Maximum Criteria Score Score Proposal Clarity 27.80 30 Firm Qualifications 70 75 Staffing 70 75 Understanding & Methodology 41.10 45 Total 208.90 225 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: S390/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 Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 28.8 30 Firm Qualifications 68.50 75 Staffing 67 75 Understanding 8 Methodology 41.40 45 Total 205.70 225 ESA—Summary 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: S90/hr • High end: 5325/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 B 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 REQUEST FOR QUALIFICATIONS FOR ON-CALL ENVIRONMENTAL (CEQA) CONSULTING SERVICES COi\11\IUNI'I'1' I)EVELOI'iNIEN'1' I)EI'AR'I'iN9ENN"I' CITY OF HUNTINGTON BEACH Released on November I8, 2021 215 ON-CALL ENVIRONINIENT_A_L CONSULTING SERVICES REQUEST FOR QUALIFICATIONS (RFQ) I. BACKGROUND The City of' l-luntimnon Beach Community Development Department is seeking a statement of' qualifications (SOQ) from professional environmental consulting firms to provide on-call environmental amsultinu services for Planning related development projects on an as-needed basis. The City will be selectine firms with experience in preparation of environmental impact reports, negative declarations, initial studies, technical studies, and environmental notices. Interested consultants who can successlLlly demonstrate their ability to provide environmental consulting services are invited to submit qualifications. Through this RFQ, the City xvill 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 fitr 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. Z. SCHEDULE OF EVENTS This request for qualifications will be governed by the following schedule: Release of RFQ November IS, 2021 Qualification Statements are Due December 15, 2021 Qualification Evaluation Completed January 14, 2022 Approval of List ol'Quali(ied 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 lollowing: • Conduct preliminary review of projects Im CEQA purposes • Prepare CEQA documents for the City, including, but not limited to: o Initial Studies in support of ND/MNI)/MMRP o Addendums to Environmental Impact Reports o Environmental Impact Reports 216 o Notices of Intent/Preparation/Dctcnnination/Exemption • Prepare technical studies (e.g. — Traflic, Air Quality, Noise, Cultural Resources, Biological Resources, Energy, and Greenhouse Gas Emissions) • Provide peer review of CEQA documents prepared by project applicants • Review CF..QA/NEPA documents from neighboring,jurisdictions/agencies • Required consultations (i.e. NAHC) • Conduct scoping meetings • Attend public meetings and hearings 4. PROPOSAL FORIIATGUIDELINES Interested consultants are to provide the City of Fluntington 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 REQ instructions, responding to the REQ requirements, and on providing a complete and clear description of qualifications. Statements of'Qualifications, which appear unrealistic in the terms 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 firm to the cover letter. A cover letter, not to exceed three pages in Ic112th, 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 180 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. B. Background and Experience Section The information in this section should inlcude a brief statement of)'our understanding of' the City and the scope of services to be provided in addition to addressing the following items: I) Describe the finn'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 f irm's ability to prepare and review: • Initial studies, • Environmental exemptions, • Negative Declarations, • Nlitieatcd Negative Declarations. • Environmental Impact Reports. • Associated technical studies, such as air quality, biology, noise. traffictuAt1, 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 lirm's familiarity with the issues and challenges associated with development in the City of Huntington Beach. Please fCCtindicate how you ascertained this information. 3) Provide a description of the firers 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 proposer's Jinn to handle various potential environmental projects. d) 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. Staffing 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 fine 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 Relercnces 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 sire and scope to demonstrate competence to perform these services. Information shall include: 1) Namcs 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 QUahflcations. 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 start 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 stafflHA31. Please include all costs that are typically billed separately as direct expenses (e.g. copy or document delivM fees). Please include any information on subs typically used for specific services. 5. PROCESS FOR SUB111TTING STATENIEN'r OF QUALIFICATIONS All SOQs must be submitted in PIN 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 Qualilications must be submitted electronically in PDF file format via the Planetbidc.com website no later than 4:00 p.nt. (AS.7) on December 15, 2021. Statements of Qualifications will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. ♦ Inquiries Questions about this RFQ must be directed in writing, via a-mail to: Jennifer Anderson, Senior Buyer jennifer.anderson a 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 RI-Q. The City reserves the riLyht to reject any proposal fir violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. ♦ Conditions for Proposal Acceptance ['his 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 City of Huntington Beach, USA. If' any proprietary information is contained in the proposal, it should be clear]\, 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-inclusivC 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 clarily any response; contact any current users of a tirm's 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 tirins 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 CEQA 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 it qualified list, selected consultants may be asked to prepare specific proposals for projects as they are submitted. If it 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. STANDARD TERNIS 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 Citv Well Site - Business - Bids & RFI`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 firm's financial capabilities. • h1SUranee Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on 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 carefrtlly 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 btu City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Qualifications Hurst indicate if you are unwilling or ratable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Qualifications. 222