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HomeMy WebLinkAboutCWE, Inc. - 2023-11-21 (2) �NTiN�To' 2000 Main Street, Cc, Huntington tip" Huntington Beach,CA h Fv� 92648 City of Huntington Beach _ APPROVED 7-0 `�;Of1NTV File #: 23-976 MEETING DATE: 11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Keegan Olds, Capital Projects Administrator Subject: Approve and authorize execution of three (3) Professional Services Contracts for On-Call Environmental Engineering Consulting Services with CWE, Inc., Environmental Engineering & Contracting, Inc., and GHD, Inc. Statement of Issue: The Public Works Department requires professional environmental engineering consulting services on an on-call or as-needed basis to support staff in the planning, design, and construction of local, state, and federally-funded capital improvement projects, which are identified in the annual Capital Improvement Program (CIP). As such, Public Works advertised a Request for Proposals (RFP), based on federal procurement requirements, for these services and recommends awarding three on- call environmental engineering consulting services contracts. Financial Impact: No additional funding is required by this action. The City's adopted Fiscal Year (FY) 2023/24 CIP Budget totals $41.1 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. The three (3) recommended environmental engineering consulting contracts, totaling $1.8 million, will be funded within each project or program's individual CIP budget, on an as-needed basis. Additionally, environmental engineering consulting services provided under these contracts may be reimbursable through State and Federal funding. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a $600,000 "Professional Services Contract Between the City of Huntington Beach and CWE, Inc. for On-Call Environmental Engineering Consulting;" and, City of Huntington Beach Page 1 of 3 Printed on 11/15/2023 powered by Legistar'" File #: 23-976 MEETING DATE: 11/21/2023 B) Approve and authorize the Mayor and City Clerk to execute a $600,000 "Professional Services Contract Between the City of Huntington Beach and Environmental Engineering & Consulting, Inc. for On-Call Environmental Engineering Consulting;" and, C) Approve and authorize the Mayor and City Clerk to execute a $600,000 "Professional Services Contract Between the City of Huntington Beach and GHD, Inc. for On-Call Environmental Engineering Consulting." Alternative Action(sl: Do not approve the professional services contracts. However, staffing levels and specific expertise are limited and necessitate additional outside support to complete budgeted CIPs. The impacts of not having approved and active on-call contacts that are readily available include: • Each project or program would be required to advertise individual Requests for Proposals to procure support, which would require additional time and staff hours to complete. • When projects have funding that originate from specialized sources (most commonly Federal and State sources), there may be additional procurement requirements placed onto the City tied to those specialized sources. Procuring individual contracts for each capital project or program and complying with federal/state requirements for every individual project will add staff hours, cost, and time to deliver projects. Analysis: In order to have the ability to obtain reimbursement on federally funded projects, consultants must be procured using the federal process, which differs from the City's normal procurement process and involves Caltrans approval. Therefore, on February 7th, 2022 the City advertised a federalized Request for Qualifications (RFQ) for On-Call Engineering Services featuring 5 sub-categories: Construction Management and Inspection, Material Testing and Inspection, Architectural Engineering, Civil Engineering, and Environmental Engineering. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Six (6) proposals were received for the Environmental Engineering Consulting sub-category. In accordance with qualifications-based selected procurement, per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Proposals were then evaluated and ranked by the review board. The top three (3) firms, CWE Inc., Environmental Engineering & Consulting, Inc, and GHD, Inc., were selected in the Environmental Engineering category to facilitate competitive proposals for future projects from qualified on-call consultants. The three (3) contracts recommended in this Request for Council Action (RCA) are to staff in the planning, design, and construction of a wide variety of Local, State, and Federally-funded capital improvement projects. Environmental engineering services can include, but are not limited to, preparing Preliminary Environmental Studies, recommending and evaluating Low Impact City of Huntington Beach Page 2 of 3 Printed on 11/15/2023 powered by LegistarTM File #: 23-976 MEETING DATE: 11/21/2023 Development BMPs for storm water systems, grant applications, water quality monitoring, inspections, reporting, and oversight in compliance with federal and state regulatory requirements. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project or program is evaluated on a case by case basis to determine if these as-needed contract services are necessary. The City's FY 2023/24 CIP totals $41.1 million in new projects. Typical design and construction support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10 to 20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual design and construction consultant costs would be around $7.5 million to the City for total CIP projects or approximately $22.5 million over the next three (3) years. Professional environmental engineering services are typically required for most CIP projects, including streets and transportation, water, sewer, stormwater, parks and beaches, and facility improvement projects. Therefore, these consultants were selected to meet projected local, State, and Federally-funded project and program workload over the next three years with a total contract limit of $600,000. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Professional Services Contract between the City of Huntington beach and CWE, Inc. for On- Call Environmental Engineering Consulting 2. Professional Services Contract between the City of Huntington beach and Environmental Engineering & Consulting, Inc. for On-Call Environmental Engineering Consulting 3. Professional Services Contract between the City of Huntington beach and GHD, Inc. for On- Call Environmental Engineering Consulting 4. Professional Services Award Analysis 5. Professional Services Contract Presentation City of Huntington Beach Page 3 of 3 Printed on 11/15/2023 powered by Legistar'" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CWE FOR ON-CALL ENVIRONMENTAL ENGINEERING CONSULTING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"and CWE, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call General Environmental Engineering Consulting; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in 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 Gerry Greene 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. 23-12034/310624 1 of 17 3. TERM:TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on l i/Y1hbj -.29, 20,23 (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 Six Hundred Thousand Dollars ($600,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 23-12034/310624 2 of 17 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: 23-12034/310624 3 of 17 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed 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 performed by it hereunder. This policy shall provide coverage for CONSULTANT'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 23-12034/310624 4 of 17 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of 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; B. state that the policy is currently in force; and 23-12034/310624 5 of 17 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is 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 23-12034/310624 6 of 17 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. 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 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 23-12034/310624 7 of 17 TO CITY: TO CONSULTANT: City of Huntington Beach CWE ATTN: Director of Public Works ATTN: Vik Bapna 2000 Main Street 1561 E. Orangethorpe Avenue, Suite 240 Huntington Beach, CA 92648 Fullerton, CA 92831 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 OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 23-12034/310624 8 of 17 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 with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23-12034/310624 9 of 17 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 LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature 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 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 23-12034/310624 10 of 17 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. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. 30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 23-12034/310624 11 of 17 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). 31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act(15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 23-12034/310624 12 of 17 (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 32. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract. 33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 23-12034/310624 13 of 17 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. 34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: 23-12034/310624 14 of 17 (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. 36. NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 23-12034/310624 15 of 17 officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 37. 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. 23-12034/310624 16 of 17 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of CWE California Iam? May fyn;rc 9%)/4/114.4-d print name ITS: (circle one)Chairma Presiden, ice President City Clerk AND INITIATED AND APPROVED: By: f 1L (�A-P A Director of u lic Works print name ITS: (circle one)Secretary hief Financial Officer sst. Secretary-Treasurer REVIE AN ACC- VE . City Manager APPROVED AS T ity A torney t, 23-12034/310624 17 of 17 EXHI BIT "A" . General- 1 Prepare,assist,and review Preliminary Environmental Studies: : . 2. Review of project plans arid specification's: : 3. :Perform field investigations, 4. Provide site assessment and preliminary studies.: 5. Prepare and review engineering analysis.reports; • 6: :Prepare arid review technical and research studies.. 7. Process and:review.Grant and Federal Funding Applications: :. . Cityp . .. .. 8. Assist in the develop ment:of specifications. 9. Provide training to City staff on various environmental review processes. Water Quality: • • 1 Assist in:reviewing, evaluating,and recommending various Low Impact Development BMPs,for storm water systems. 2. Per commercial/industrial onercia m ustna water qua ity inspections or compliance with latest NPDES regulations. 3. :Perform inspections of.food service establishments underthe Fats Oils,&Grease(FOG). p �. Control Program. . 4: Assist in reviewing arid preparing documentations in various aspects of water discharge permits from applicable:regulatory.agencies. • Monitoring and Inspections 1. Performanaintenance;monitoring,and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies: 2. Provide testing and;sampling of various constituents and media Studies and Reports 1,. Prepare reports and studies,that utilize,sound practical environmental engineering analysis and.principles. 2. Prepare documentations that comply with applicable regulatory agency requirements for permitting. 3. .Review:3rd party reports and studies and provide City staff with:comments and recommendations. Grant Applications 1. Assist in preparing aug n various grant applications to obtain additional sources of fundingfor_ : : . various proposed City projects. :: • E IIBIT A Preliminary Engineering .:n : : : 1; : Perform site investigation,prepaie alternatives by providing recommendations and analyses that:describes the advantages'of each alternative,:and prepare estimates of probable cost for each.alternative: :: 2:- Prepare Preliminary plans, cost estimates, engineering details,and support calculations:., ::- .. Construction Documents 1 Prepare engineering calculations:and designs,plans, specifications,cost estimates,and. . • . contract bidding documents.. Permits 1, Assist in obtaining approvals from applicable regulatory agenciesfor environmental, and/or.: other permits as may be required.. Bidding Stage 1. .Assist the City in answering bidders' .questions; attend prebid conferences, and job: prepare-addendums,and analyze bids.: • . Construction Stage . : 1. Attend pre-construction.conferences: 2. Monitor construction schedule,visit construction siteg as required for progress,and quality of ..evaluation. 3. Assist the engineer, contractor,construction manager/contract administrator,and inspector with interpretation of plans and specifications,analysis of changed:conditions, development of corrective action,review of shop:drawings and other submittals,,and the review and negotiation of change orders. 4.... Prepare"as-built"drawings: • EXHlBITA . . • EXHIB IT"B Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourlyrate and cost schedule: SEE ATTACHED EXHIBIT B . B. Travel Charges for time during_trav_el are not reimbursable, C. Billing l.. 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 p . . erformed.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 requirementsfor satisfactory completion. 4. : :CONSULTANT shall submit to CITY:an :invoice for each monthly payment due:. Such invoice shall: • A) Reference.this Agreement; B) Describe-the services performed; C) . . Show the total amount of the:payment'due; D) n by a principal memberof CONSULTANT'S firm that Include a certification the work :has been performed in accordance with the provisions of this Agreement;and E) .y. For all p a ments include an estimate of the percentage a of work comleted.p Uponinvoice if CITY is satisfied that- :CONSULTANT is ,submission of�any such inv 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_(3D) days;of.receipt.-ofthe.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 p. erforrriance.set forth in:Exhibit "A" may at the option.of CITY be suspended until the parties agree that past performance by:CONSULTANT is in,or. has been brought into compliance, or until.this .Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing. by CITY.shall be invoiced separately to CITY: Such invoice shall contain all of the information required above, and in addition shall list the hours expended and 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 performancethis Agreement.of the remainder of . - Exhibit g : . i * I : 'I .:- :. I . : W.-. ' ' : : : : : ' 1 . 222R V 0 : Enqineer/Scientist Rate/Hour , Vik • Bapna,-Jason Pereira : Principal - :: :$283. • :: :: Bill Young,:Gerald Greene :: :Senior Project Manager- :: :: $270 :: : Katie Harrel, LarryToituya, Project Manager • ::Ben:Willardson,Narasimha : .: Steve.Bell:. . Technical-Manager $223 : . - T'ask:Leadet : $197 Principal:Engineer. $190 :: Chris Pendroy, Mike Nguyen Senior Engineer : : $.167 : Tamm��Taki awa Alien Xie. . : Project.-En ineer: • Y 9 � $161• 9 Kayla Kilgo Staff Engineer . _ . , : : 139. - Aaron Esparza-Almaraz; .Assistant Engineer: : . • Angeliqu.e Silvestro. : . : .. $112: . .. :SeniorEnvironmental S t t 1 Bien is $ 69. .. Nan]ia Ry an;Kearns : Environmental Scientist Y. .. $13:5.. . . Alexa Reasoner.. • : Environmental-Analyst $101: >Field:Surve� . ::Dave Farrell;.Mark Winn; :Licensed Surveyor Rebecca Winn • $183 - , . 3-Person Survey Crew: $294 :. - . . - .. 2 Person Survey Crew,. $208 . - Support Services . .. - .. Landscape Architect $185 .. . - - :GIS Specialist :: :$132 :: • Luis Cruz : Engineering Technician - • $93 :: : Bill Boeck CADD Designer :. . g $8Z Lidia Serrano • • Project.Coordinator :: :$130 : :: :Administrative Assistant : $90 :: . :: : . • General, Direct.Expenses . Cost+ 10% Subcontract Services Cost+ 10% Mileage: L Current IRS Rate Field Vehicle:—Hourly12 hour.. . .. .. Field Vehicle ._ :Daily :$80/day:. Field Vehicle.. Monthly $1,500/month B&W Photocopies(per.:page) _.. -• $0;10- - --- Color Photocopies(per page) $0.50 • -- :Rates will be adjusted annually based on the.US Department of Labor,'Bureau of Labor.Statistiis,Consumer Price Index for All Urban Consumers:. -,. . .. : • :Rates for field equipment,health and safety equipment,and graphical supplies presented upon request. , - :: Based on CWE maintaining General Liability Insurance for bodily injury•and property damage with an aggregate limit of$2,000,000 • . • : per occurrence. In the event the:client desires additional coverage, CWE will, upon the client's written request, obtain additional :: j. . . . insurance and ad ustthe above billing:rates accordingly: . : • • r e ti. I ..,'.....1 ® DAM(MMIDDrnml A�RD CERTIFICATE OF LIABILITY INSURANCE 08/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s). PRODUCER taalie CT Kimberly C.Jones StafeFarm State Farm Insurance rat ext): 714 531-0502 I FAX(AIC,Not: 714 531-5179 9439 Edinger Ave n oaaas, kimberIy.janes.b8lw®stalefarm.com _ a Westminster CA 92683 INSURERS)AFFORDING COVERAGE NAIC AI INSURER A: State Farm Fire and Casualty Company 25143 INSURED INsURBR B: _.._ DWIGHTS BEACH CONCESSION,INC INSURER C I _ 201 PACIFIC COAST HIGHWAY INSURER 0: HUNTINGTN BCH CA 92815-7212 INSURER E I ^INSURER F, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSgR TYPE OF INSURANCE AOOL SUER PpOLICY EFF POLICY EXP LIMITS LTR WM WVD POLICY NUMBER IMMlOD1YYYY1 IA WDpfYYYY1 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE OCCUR PREMISES TO RENTEDS 300,000 MED EXP(Any one person) S 5,000 x — Y 92-72-9729.8 08/1512023 10/08/2024 PERSONAL R AOV INJURY S 2,000,000 GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 Z POLICY 0 ye-0 we PRODUCTS•COMPIOPAGO S 2,000,000 OTHER: S AUTOMOBILE UABILITY L40 6487-C25-75C 0811512023 03/25/2024 COMEINEO SINGLE LIMIT S IEo exldonl! XANY AUTO BODILY INJURY(Par poroon) S 1,000,000 OWNED —'SCHEDULED_ AUTOS ONLY _ AUTOS BODILY INJURY(Par eceklanl) $ 1,000,000 HIRED NON-OWNED PROPERTTY DAMAGE $ 1.000,000 _ _,AUTOS ONLY _,AUTOS ONLY (Per accident) S UMBRELLA LtAB OCCUR EACH OCCURRENCE $ _ — EXCESS LIAB CLAIMS-MADE AGGREGATE S _ OED I I RETENTIONS S WORKERS COMPENSATION I STATUTE I I ERH- AND EMPLOYERS'UABIUTY ANY YIPROPRIETO R E RT ERI ECUTIVE Ya NIA E.L.EACH ACCIDENT S (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE $ U yea,doacribo under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ Business Personal Property X 92-72-9729-6 08115/2023 10/0812024 41,200 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more space Is roqulredl City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers as asidirielgoVEXbAS TO FORM MICHAEL E.GATES CITY ATTGIA. CITY OF HUNTING'ivid i3EACH Oti( CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach Community&Liability services ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Maln SI 51h Floor Huntington Beach,CA 92648 AUTOO , E•R'•:ESEN7A7NE 1 10 it O 1988-2I al.CORD CORPORATION. All rights reserved. ACORD 26(2018/03) The ACORD name and logo are regist�d marks of ACORD 1001488 132848.12 03-10-2018 AcpR d CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08115/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT AONTACT Deborah Destephen DESTEPHEN INSURANCE AGENCY INC. IaCNNo.Exti: 310.538 8275 FAX No): 310-539.0709 2252 CARBON STREET SUITE B ADDRESS; destepheninsJohnny®gmall.com INSURER(S)AFFORDING COVERAGE NAIL# TORRANCE CA 90501 INSURER A: TRAVELERS PROPERTY AND CASUALTY CO INSURED INSURER B Dwight's Beach Concessions INSURER C: 1210 Main Street INSURER D INSURER E: Huntington Beach CA 92848 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH This CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUER POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSR Wv0 POLICY NUMBER (MMIODIYYYY) (MMIOD/YYYY1 LIMITS GENERALLIABIUTY EACH OCCURRENCE $ RENTED COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES(Eaoccurrence) $ CLAIMS-MADE n OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: _PRODUCT S-COMP/OP AGG $ 7 POLICY1-1!poi 7 LOC $ AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ _ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ _ ALL OSWN� SCHEDULED BODILY INJURY(Per accident) $ NON•OWNED PROPERTY DAMAGE _ HIRED AUTOS _ AUTOS (Per accident) $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X TORY LIMBS 71 AND EMPLOYERS'LIABIUTY A FR �ICEWMEMBEREXCLUDED?XECUTIVE [ ]NIA UB-7W554593-23-42-G 05/01/2023 05/01/2024 E.L EACH ACCIDENT $ 1,000,00E (Mandatory In NH) I ) E.L DISEASE-EA EMPLOYEE $ 1,000,000 I(yes,descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,00E DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space Is required) Location:201 PacIfic Coast Hwy Huntington Beach,CA 92648 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach,CA 92848 ACORD 25(2010/06) 01988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VB Policy No. 92 729729 6 8707—FC18 CMP-4788.1 Pagel of THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CMP-4788.1 ADDITIONAL INSURED—MANAGERS OR LESSORS OF PREMISES This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 729729 6 Named Insured: DWIGHTS BEACH CONCESSION, INC 1210 MAIN ST HUNTINGTN BCH CA 92648-2721 Name And Address Of Additional Insured Person Or Organization: CITY OF HUNTINGTON BEACH ITS OFFICERS, ELECTED, APPOINTED OFFCIALS, EMPLOYEE AGENTS & VOLUNTEERS 2000 MAIN ST HUNTINGTN BCH CA 92648 2763 Location Of Premises (Part Leased To You): 201 PACIFIC COAST HWY HUNTINGTON BCH CA 92648 1. SECTION II —WHO IS AN INSURED of SECTION II — LIABILITY is amended to Include, as an additional insured, any person or organization shown In the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown In the Schedule. 2. With respect to the insurance afforded the additional insured, this insurance does not apply to: a. Any "occurrence" or offense which takes place after you cease to be a tenant in the premises shown in the Schedule. b. Structural alterations, new construction or demolition operations performed by or for that addi- tional insured. 3. Any insurance provided to the additional Insured shall only apply with respect to a claim made or a "suit" brought for damages for which you aro provided oovorago. 4. Primary Insurance. This insurance is primary to and will not seek contribution from any other insur- ance available to an additional insured under your policy provided that the additional insured is a named Insured under such other Insurance. All other policy provisions apply. CMP-4788.1 1007035 148012 08-14-2014 et Copyright,State Farm Mutual Automobile Insurance Company,2013 includes copyrighted materiel of Insurance Services Office,Inc.,with Ila permission. • VS Policy No, 92 729729 6 8707—FC18 CMP 4787 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 729729 6 Named Insured: DWIGHTS BEACH CONCESSION, INC 1210 MAIN ST HUNTINGTN BCH CA 92648-2721 Name And Address Of Person Or Organization: CITY OF HUNTINGTON BEACH ITS OFFICERS, ELECTED, APPOINTED OFFCIALS, EMPLOYEE AGENTS & VOLUNTEERS 2000 MAIN ST HUNTINGTN BCH CA 92648 2763 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP•4787 1006225 137715.1 11.19-2013 0,Copyright,Slate Farm Mutual Automobile Insurance Company,2008 Includes copyrighted materiat of insurance Services Office,Inc.,with its permission. '1 CWE0000.01 SGONZALEZ /RD," CERTIFICATE OF LIABILITY INSURANCE DATE(MMiDDlYVYY) 11/2212022 i HIS 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 r BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 1 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer-rights to the certificate holder In lieu Of such endorsement(s). PRODUCER License#0757776 N2 CT Karen Dempsey HUB international insurance Services Inc. PHONE FAX 6 Centerpolnte Drive IN (Arc;No,Ext):(562)674-2527 I(Arc,No):(951)231-2572 Suite 350 Uthss;cal.cpu@htiblnternatibrial.com La Palma,CA 90623 iNSURER(S)'AFFORDING COVERAGE NAIL# INSURER A:Crum,&Forster SpecIalty Insurance Company 44520 INSURED INSURER-B:West American insurance Co 44393 _ CWE INSURER C:Pacific Compensation Insurance Company 11555 1561 E.Orangethorpe Avenue Suite 240 INSURER 0: Fullerton,CA 92831 INSURERE:. INSURER F: • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF.ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE.ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JNSR TYPE OF AWL SUER POLICY NUMBER POLICY EFF POLICY EXP LTR MO WVD (MWDD/YYYYJ IMM10D/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR EPK141854 12/8/2022 12/8/2023 DAMAGE TO RENTED 100,000 X X PREMISES(Re Occurrence) $ MED.EXP(My ono person) $ 10,000 PERSONAL&ADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 4,000,000 POLICY X riP LOC AprRO EDASTOF�RM PRODUCTS-COMP/OP AGO $ 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY (Ea a de01)INGLE LIMIT S 1,000,000 BY:—. X ANY AUTO X BAW5760933: CHAELE.GAT�12/8/2022 12/8/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED CITY ATTORNEY AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRRE�D NON WNeD CITY OF IiUNTINGTON BEAD PROPER pAMAOE A�T SS ONLY. AUTO ONLY (Peracci t) S H $ A UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE EFX 121642 12/8/2022. 12/8/2023 AGGREGATE $ 1,000,000 DED RETENTION$ S C WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE EER" ANY PROPRIETORIPARTNER/EXECUTIVE V1N 1025983 121112022 -12/112023 E,L EACH ACCIDENT $ 1,000,000 OFpFICCERR/�,1, M EXCLUDED? I N 1 N I A • (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. EPK141854 12/8/2022 12/8/2023 Each Wrongful Act 2,000,000 A Professional Liab EPK141854 12/8/2022 12/8/2023 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached If more space.Is required) RE:Commercial!industrial,Construction&FOG Compliance Inspections,Huntington Beach Inspections. City of Huntington Beach and Its officers,employees,agents and volunteers are Additional Insured with regardto General Liability when required by written contract per the attached endorsement form EN0147 11/11,Primary&Non-Contributory and Waiver of Subrogation Included.Additional Insured with regard to Auto Liability when required by written contract per the attached endorsement form AC8543.08/18. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES.BE CANCELLED BEFORE Cityof Huntington Beach THE EXPIRATION DATE THEREOF; NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE 04e ACORD 25(2016103) ©1988-2015,ACORD:CORPORATION. All rights reserved: The ACORD name and logo are registered marks of ACORD(,,)!3K Mgt,Nl][)30)2r'Ai;jt;C615 41110. A- IOW "TINGOn -Call T � . 0 • • •c RPORgT�SOO . __ _ _ . n vi ro n rm e n a ;� . Engineering 4 , ____ _ , , % -,.. _ _i__ _L______.„._ • =_-�- = _ -__ , ___ _ _ _ _ . % =-_ I Federally-Compliant Professional kairatikiwor--_7, ,--, Services Contracts . j ; � 1 01 ***� O 0 "e,, � 7, 19 0��••• Cc 0 •.•..• / t vIF NTH( On -Call • Environmental Engineering , Consulting , and Inspection of Local , State, and Federally-funded Projects and Programs • Example Project: Heil Avenue Storm Water Pump Station • Phase 2 Environmental Report Completed During Design • Provisions for compliance with state and federal law • Reimbursable under grants • Existing on-call contracts do not include these provisions, do not qualifyfor reimbursement 'fi� NiINGT�>, O r aconFoearo'?� ,��:: . k� , Z0UNTV;;,11 Details and S • 2022 RFP for Environmental Engineering Services • 6 firms submitted proposals • Qualifications-based selected procurement • GHD , Inc. , CWE, Inc. , and Environmental Engineering and Consulting , Inc. , selected • $600k 3-year contracts — funded within each project's or program's existing CIP budget as needed • No additional funding necessary ---__ // � NTINTti\ 111 pQ +\,roe 2narw.. 6iF 1999� i7A1 CPS,// PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Engineering SERVICE DESCRIPTION: Environmental engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: CWE OVERALL RANKING: 1 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. Environmental Services Manager 2. Environmental Specialist 3. Environmental Specialist I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 65.3 ,at`eh �� a'� s`�''ss ""`' �."mod �„'F,i�r ; l` ,Nl�nimumQ alifications evie� � �RSPI O- a � j��`�-� p"Yy �� 3 t nR!'�,. "�.. �,. r'7.Y, � y�� '� h};8 ""�-�A'�"�'e, � ' �� �tr ",r„t aMffig 'e� k�"�sr'aw.stair& ,ig,4! :c^,z..A`s' '.i 3 14 ,-x"n I, Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 21.7 25 Experience with Similar Kinds of Work 17.3 20 Staffing 12.7 15 Capability of Developing Innovative or Advanced Techniques 7 10 Familiarity with State and Local Procedures 9.3 10 Financial Responsibility 10 10 Demonstrated Technical Ability 7.3 10 Total REVAINIMMISI II. DUE DILIGENCE REVIEW • Interview Ranking: N/A zCjC .�";Sm137,7ofc . ` k- RI + '. Rt0 Y ,1 " S j Y ri4 • Great staffing experience with related projects/work • Experience with current state and local procedures excellent §.:-cvlfglri:10*1"trfr!r !;f,MIRMWIPOW-72.f • Low end from$87/hr(CADD Designers) • High end to$294/hr for 3-person survey crew or $283 for Principal Engineer PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Engineering SERVICE DESCRIPTION: Environmental engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Environmental Engineering & Contracting, Inc. OVERALL RANKING: 2 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. Environmental Services Manager 2. Environmental Specialist 3. Environmental Specialist I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 83.3 '°Aw s vauzuw� w cax v�aar*e tzcr� tm.. �t t s ' m t '^k "pZd' ""��..;� "�a.�.. s EC IAin�m�m{. all ficationsReviean► ;� � ��� � k A 4 P a `'Sn'"' F �` eF Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 23.0 25 Experience with Similar Kinds of Work 18.7 20 Staffing 11.7 15 Capability of Developing Innovative or Advanced Techniques 6.7 10 Familiarity with State and Local Procedures 10 10 Financial Responsibility 4.6 10 Demonstrated Technical Ability 8.6 10 Total l �z,; .. Nm POPM IL DUE DILIGENCE REVIEW • Interview Ranking: N/A day � ru a s— rC `fit NMI MA '- 54i�n,..a�e2 : 1`' �`�'+4h 4a 44kF • Great experience with related projects/work • Experience with current state and local procedures excellent • Great demonstrated technical ability EEC 1.0-#g ` 1 ' 7, €��r��as�,, .r '.a.a,,. Ali,� � `t`.�Ws uy. '�xJarc..0�,iii • Low end from$95/hr(Construction Tech) • High end $265 for Principal Engineer PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Engineering SERVICE DESCRIPTION: Environmental engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: GHD, Inc. OVERALL RANKING: 3 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. Environmental Services Manager 2. Environmental Specialist 3. Environmental Specialist I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 79.0 ; .y�,x•- ��xx��a �.rx..-- �.r.c�,: em+a .+.,.�..r ak�^�+f�.*�imsxi �s,,. 'ir1.n.''c., 3�57RC�h"tTt-�7's�t� r xb��" .9 D Minimum Quali cationskRevieanr W is, , `4" FEZ I+ � �, �, 1 Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 21.7 25 Experience with Similar Kinds of Work 15.7 20 Staffing 10.3 15 Capability of Developing Innovative or Advanced Techniques 7.3 10 Familiarity with State and Local Procedures 8.0 10 Financial Responsibility 9.3 10 Demonstrated Technical Ability 6.7 10 Total � �' - 60146 , II. DUE DILIGENCE REVIEW • Interview Ranking: N/A ` lHD40-ummary of R+eviea+Or g T { • Great understanding of work to be done • Good experience with similar kinds of work • Good understanding of local, state, federal procedures. CIA x ? t`5"' �"�A`� '.�r` yM T'. 'x*9.mA9s}w`7b +r 1, %%MAI • Low end from$75 for Admin Officer • High end to$280/hr for Technical Director CITY OF HUNTINGTON BEACH Environmental Engineering Services JM MG RK AVG Comments RANK Proposer Subtotal (100 max) Alisto 68 62 64 65 0'.CWE F � ._.781 t y i f GH�'' ' ,d.i? g, .,,;83. Sustura 89 16 15 40 Transtech 52 53 55 53 ,tg°�� TINGT�y City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 a U e _ (714) 536-5227 ♦ www.huntingtonbeachca.gov tak 61,•\ 999 ��� " Office of the City Clerk 1� Robin Estanislau, City Clerk December 21, 2023 CWE Attn: Vik Bapna 1561 E. Orangethorpe Ave., Suite 240 Fullerton, CA 92831 Dear Mr. Bapna: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and CWE for On-Call Environmental Engineering Consulting, approved by City Council on November 21, 2023. Sincerely, edin,74,4,44) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan