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HomeMy WebLinkAboutKOA Corporation - 2024-08-06 (2) t`, t 2000 Main Street, 71 d c��N.........T�� Huntington Beach, CA 92648 • _ City of Huntington Beach •�, -'`=r APPROVED 7-0 File #: 24-475 MEETING DATE: 8/6/2024 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: Sarah Whitecotton, Management Analyst Subject: Approve and authorize execution of Professional Services Contracts for On-Call Grant Writing and Administration Consulting Services with Advanced Avant-Garde, Inc., CWE, Engineering Solution Services, Harris & Associates, Inc., KOA Corporation; and Villa Civil, APC Statement of Issue: The Public Works Department requires professional grant writing and administrative services on an on-call or as-needed basis to prepare and administer grant applications for federal, state, regional, and local funding opportunities. Consultants will conduct research to identify grant resources that support the City's funding needs and priorities; provide community outreach services, including developing community involvement strategies; and coordinate with funding agencies on post-award procedures, project delivery, funding requests, quarterly reporting, and labor compliance. Financial Impact: The City's Fiscal Year (FY) 2024/25 Capital Improvement Program (CIP) Budget was adopted on June 4, 2024, and totals $35.2 million (All Funds) for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for project administration and other required costs. The six recommended contracts, totaling $1.5 million, will be funded out of the CIP or department operating budget, as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Advanced Avant-Garde Corporation, for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000; and, B) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and CWE for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000; and, C) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract City of Huntington Beach Page 1 of 3 Printed on 7/31/2024 power O Leg:star" File #: 24-475 MEETING DATE: 8/6/2024 Between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000; and, D) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Harris & Associates, Inc. for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000; and, E) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000; and, F) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000. Alternative Action(s): Do not authorize the proposed contracts and direct staff accordingly. Analysis: The City of Huntington Beach relies on grant funding to carry out numerous CIP projects citywide related to water, wastewater, stormwater, transportation, and park improvements. Federal, State, Regional, and Local grant opportunities and requirements vary greatly. Examples of these grant opportunities include Active Transportation Program (ATP), Highway Safety Improvements Program (HSIP), Prop 1 Groundwater, Recreational Trails Program, Prop 68 Sustainable Groundwater Management, Rebuilding America Infrastructure with Sustainability & Equity Program (RAISE), CalOES Flood Mitigation Assistance, Infrastructure State Revolving Fund, USBR Water Smarts Program, and Drinking Water State Revolving Fund. To ensure the City of Huntington Beach is pursuing all available grant funding, the City has historically made use of On-Call Grant Writing and Administration Consulting Services. In 2021 , four firms were awarded three-year contracts for these services. They were subsequently hired for a total of $673,070 in task orders to apply for and manage over $22 million in awarded grants. On March 26, 2024, the City advertised a Request for Qualifications (RFQ) for On-Call Grant Writing & Administrative Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Fourteen (14) proposals were received for On -Call Grant Writing & Administrative Consulting Services. In accordance with qualifications-based elected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Each firm submitted a proposal indicating their category of expertise. Proposals were then evaluated and ranked by the review board. The top eight firms were selected to interview with the review board to increase opportunity for competitive proposals for future projects from qualified on-call consultants. City of Huntington Beach Page 2 of 3 Printed on 7/31/2024 powereaCbli Legistar" File #: 24-475 MEETING DATE: 8/6/2024 The six contracts recommended for City Council approval are for on-call support staff to pursue grant funding and administer existing grant funds related to water, wastewater, stormwater, transportation, and park improvement projects. These services will be utilized to supplement City staff in meeting annual CIP goals, as an extension of staff, and/or to provide required expertise for unique projects. Additionally, these services will be required to secure federal stimulus grants anticipated this year. Each project is evaluated on a case-by-case basis to determine if these services are necessary. Typical grant application and administrative support costs from the use of consultants on a CIP project varies between three to ten percent of the total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual consultant costs would be around $250,000 to the City for total CIP projects, or approximately $1 .5 million over the next three years. These consultants have been selected to meet the projected workload over the next three years, with a total not to exceed amount of $250,000 per firm. As with all on-call professional services contracts, funds shall be encumbered on a per project basis as opposed to a contract basis. 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 Attachment(s): 1 . Professional Services Contract between the City of Huntington Beach and Advanced Avant- Garde Corporation for On-Call Grant Writing and Administrative Consulting Services 2. Professional Services Contract between the City of Huntington Beach and CWE for On-Call Grant Writing and Administrative Consulting Services 3. Professional Services Contract between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services 4. Professional Services Contract between the City of Huntington Beach and Harris & Associates, Inc. for On-Call Grant Writing and Administrative Consulting Services 5. Professional Services Contract between the City of Huntington Beach and KOA Corporation for On-Call Grant Whiting and Administrative Consulting Services 6. Professional Services Contract between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services ‘7. Grants Award Analysis 2024 8. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 7/31/2024 power Legistar'"" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KOA CORPORATION FOR ON-CALL GRANT WRITING AND ADMINISTRATION 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 KOA CORPORATION,hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform on-call grant writing and administration; 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 Michael Nilsson, AICP CTP 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. 1 of 11 24-14894/346596 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on /61,,,,s4- ( , 20 (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 two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2 of 11 24-14894/346596 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: 3 of 11 24-14894/346596 "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 4 of 11 24-14894/346596 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 5 of 11 24-14894/346596 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 6 of 11 24-14894/346596 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: 7 of 11 24-14894/346596 TO CITY: TO CONSULTANT: City of Huntington Beach KOA Corporation ATTN: Director of Public Works ATTN: Michael Nilsson, AICP CTP 2000 Main Street 1100 Corporate Drive, Suite 201 Huntington Beach, CA 92648 Monterey Park, CA 91754 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 8of11 24-14894/346596 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. 9 of 11 24-14894/346596 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 10 of 11 24-14894/346596 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, CITY OF HUNTINGTON BEACH, a KOA CORPORATION municipal corporation of the State of California �' �� By: Mayor �I prin name ITS: (circle one) hairman/ 'esident/Vice President City Cleric ND INITIATED AND APPROVED: -142 -13 tr.c • / , print name Director of Public Works ITS: (circle one)SecretarEhief Financial Officer Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: CO/k City Attorney ll of ll 24-14894/346596 . .- 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, CITY OF HUNTINGTON BEACH, a KOA CORPORATION municip co el.oration of the State of Californ', ir• By: k6 Ma or print name riot 9,671-41141,164-1) ITS: (circle one)Chairman/PresidentNice President City Clerk si AND INITIATED AND APPROVED: By: /'/(//1 print name Director of Public Works ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVI D A APP OV : City Manager APPROVED A " 01°°r-0 RM: City Attorney 11 of 11 24-14894/346596 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 may elect to solicit proposals for CONSULTANT. CITY shall issue task order for each project based upon the Scope of Services, work schedule, and fee proposal submitted to City for its review and approval. GRANT WRITING SERVICES Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks. • Prepare grant applications for available Federal, State, regional, local and other grant funding opportunities. • Conduct research to identify grant resources that support the City's funding needs and priorities • Provide community outreach services including developing community involvement strategy, facilitation of outreach meetings, preparations and distribution of bilingual outreach materials including mailing pieces, surveys, interviews and creation of content for project specific web sites as needed for projects assigned by the City. GRANT ADMINISTRATION • Serve as the City liaison on project related activities. • Assist in the preparation of agreements and miscellaneous project related documents (i.e., Caltrans E-76) • Coordinate with funding agencies on project delivery and prepare funding requests. • Coordinate with City Attorney for preparation of agreements. • Prepare agenda reports for City Council meetings and presentations as needed. • Prepare quarterly progress reports and reimbursement as needed. • Coordinate with engineering team and/or technical services team as needed. • Attend scheduled project development team meetings. • Provide support for community relations and preparation of informational materials • Prepare miscellaneous reports and assist City staff as needed. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Shall be per CONSULTANT'S State of Qualifications (Exhibit A), consistent with the City of Huntington Beach's Request for Qualifications for On Call Grant Writing and Administrative Consulting Services. Upon award, the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commending work. EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish any relevant plans, studies, documents, or drawings to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by City. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: '' ii f421e i'Billing Itit g,- s i pani prk T'i e.,. r 2 N, 2+6 F 2O '7 It Regional Manager $378 $397 $417 Office Manager I $347 $364 $362 Program Direcbsr I $315 $331 $347 Project Manager 111 $315 $331 $347 Project Manager II $263 $276 $289 Project Manager I $210 $221 $232 Engineer IV $315 $33/ $347 Engineer Ill $263 $276 $289 Engineer II $210 $221 $232 Engineer I $189 $198 $208 Engineer Associate II $168 $176 $185 Engineer Associate I $147 $154 $162 Planner LV $210 $221 $232 Planner III $189 $198 $208 Planner II $158 $176 $185 Planner I $147 $154 $162 Designer Ill $189 $198 520 Designer II $168 $176 $185 Designer I $147 $154 $162 Construction Engineer Ill $242 $254 $265 Construction Engineer II $221 $232 $243 Construction Engineer I $168 $176 $185 Inspector ill $168 $176 $185 Inspector II $158 $165 $174 Project Services Coordinator Ill $147 $154 $162 Project Services Coordinator Ii $126 $132 $139 Project Services Coordinator I $105 $110 $116 Intern $100 $105 $110 B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 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 performance of the remainder of this Agreement. je' <<- ® DATE(MMIDDIYYYY) ACCR o CERTIFICATE OF LIABILITY INSURANCE 4/30/2024 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Greyling COI Specialist Greyling Ins Brokerage/EPIC PHONE 770.670.5324 FAX 3780 3780 Mansell Road,Suite 370 fA/C.No.Es _— E-MAILAlpharetta GA 30022 re Iin•certsna,greylin,q•com ADDRESS: g Y q INSURER(S)AFFORDING COVERAGE NAIC tl INSURER A:The Continental Insurance Company 35289 INSURED HWLOCHNE INSURER a:National Fire Insurance Co of Hartford 20478 KOA Corporation INSURER C:American Casualty Co of Reading,PA 20427 1100 Corporate Center Drive,Suite 201 Monterey Park, CA 91754 INSURER D:Lloyd's of London 85202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:375118668 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. INSR ADDL SUER POLICY EFF POLICY EXP POLICY NUMBER IMMID LTTYPE OF INSURANCEINSD,NSD,WYD D//YYYY) (MMIDOIIYYYY) LIMITS LT A X COMMERCIAL GENERAL LIABILITY 7092014905 5/1/2024 5/1/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) S 1,000,000 MED EXP(Any one person) S 15,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X JEC PROT• LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER S B AUTOMOBILE LIABILITY 7091863062 5/1/2024 5/1/2025 COMBINED SINGLE LIMIT 51,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED y NON-OWNED PROPERTY DAMAGE S — AUTOS ONLY AUTOS ONLY (Per accident) — S A X UMBRELLA LIAB X OCCUR 7092036547 5/1/2024 5/1/2025 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 15,000,000 DED X RETENTIONS in nff S C WORKERS COMPENSATION 7092004665 5/1/2024 5/1/2025 X STATUTE EORH A AND EMPLOYERS'LIABILITY YIN 7092009168 5/1/2024 5/1/2025 ANYPROPRIETORIPARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Professional LiabTty ind. B0146LDUSA2405260 5/1/2024 5/1/2025 Per Claim S10,000,000 Pollution Liability Aggregate S10,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) RE: KOA:#JC12042/Huntington Beach RFQ-Grant Writing.The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured,but only in� accord.agc �yjtgathe policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of tl R�d/f3R.i@I3ili V ibr((bb bbbile Liability and Workers'Compensation policies. By: MICHAEL E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON I3tMCH 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. Risk Management 2000 Main St. AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 -' /'., y / ) / ( _ ,g_,. U—•e ti p.. I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: OVERALL RANKING: 1 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. PW Director 2. Administrative Services Manager 3. Jessica Framson I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 466 out of 475 �iL�A�C9'II�L'C+DRP'"'ZIYI�n�rr�vm 3�taal�ccations"'Rev�ewsfi � Total Weighted Maximum Criteria Score Score Proposal Clarity 150 150 Firm Qualifications 375 375 . . Staffing 350 375 Understanding& Methodology 225 225 References 150 150 Interview 150 150 Total 9i1®� +{� xr9423 II. DUE DILIGENCE REVIEW • Interview Ranking: Tied for 1st Ila'Csiaa]e01* _,*.: amary 4 0***-;K n r v _ f�.r.�._.._ �,r. �x....,..t.,.:i, rr.�.-�x >,i.�-i.=',-w.� a'�'.`.s?:,:.c:�•f,..:'a .•z�i.i,,..:s>. • Engineering staff who secured State& Federal funds for stormwater,transportation; & provide labor compliance. Strategic engineers who develop grants for multi-benefit,storm water projects.VC has pending projects w/ HB. A►I,.ia VO harp' s hack g' 7 i 0 , } K, F r a K • Admin.Asst.from $110/hr to Principal Eng. $330/hr 606 PROFESSIONAL SERVICE AWARD ANALYSIS • SERVICE: On-Call Grants & Administrative Services ' SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: OVERALL RANKING: 2 out of 6 SUBJECT MATTER EXPERTS/RATERS: PW Director 2. Administrative Services Manager 3. Jessica Framson I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 455 out of 475 iID .�NC AVA�1T GAi3DE�t31F Minimum 2ua9�fications E eyielN1 4 ?Y x i s Y. a `� frC tt p f S rX 5 t5 n ,ca_[:ka.._,b.f-Sr... ......�_:;«,i i''sx_.�ie.... ...f 1'y.,,: . :.,`.e/':i'e5is�'S.Y.i .\r r,_z%x4._:cu'¢f 4t•'�ts:_a5rts...-..u` ucu.�xL-. Total Weighted Maximum Criteria Score Score Proposal Clarity 140 150 Firm Qualifications 350 375 Staffing 375 375 Understanding& Methodology 210 225 References 140 150 Interview 150 150 1365, , r s.,.V x - 423 z n Total .._.i._;S, '. 1L?1..rsk 'J' .tv 1 ..._+.,...:i ti,..-n...t•.z•`t.. ,..ii II. DUE DILIGENCE REVIEW • Interview Ranking: Tied for 1st Ad ced' fo ant+Garde Carpi s Summaryh of Reviews • Admin staff who secured State& Federal funds & provide labor compliance. Firm has secured $532M in grants. They got HB $5M from Caltrans and $9M from OCTA. They understand DAC component that we struggle with. Asdvanced Avant Garde Cow,`' P icing x kz ' x • Program Asst.from $100/hr to Program Director $150/hr 607 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: OVERALL RANKING: 3 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. . PW Director 2. Administrative Services Manager 3. Jessica Framson I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 450 out of 475 ENGINEERING SOLU11ONS SE VICES lininiwn t�ealifications Total Weighted Maximum Criteria Score Score Proposal Clarity 140 150 Firm Qualifications 375 375 Staffing 350 375 Understanding& Methodology 210 225 References 140 150 Interview 135 150 Total r ,Pg4135O ` = ;WE 1425 t II. DUE DILIGENCE REVIEW • Interview Ranking: Tied for 2nd g�neerrng Sol ons Services Summary of Review ti; , .f w. -max..:^'�Y:3Lda.,_w:s 47,41 .,.,t '!". • Engineering staff who secured funds for water, sewer, stormwater, transportation, parks & facilities.We need them for cybersecurity&sea level rise mitigation grants. Diverse firm of engineers and admin who can do benefit costs analysis and audits from the Feds/State. ESS secured $383k for Shipley Nature Center. • gineerimg Solutions Services' Pric ng t " � Y''; a'ew��.`' ' ........._:. =.o- _.r�.s..:t. `. {.. 7 to a:j ..wG:r.:%.a•,.•: -..;:x • Support Associate from $140/hr to Technical Experts$280/hr 608 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: OVERALL RANKING: 4 out of 6 SUBJECT MATTER EXPERTS/RATERS: 2. PW Director 2. Administrative Services Manager 3. UNK III. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 433 out of 475 tA_ RiS&CASSOCIA 'ES ltlhnimur QualifjcationsaReview� Total Weighted Maximum Criteria Score Score Proposal Clarity 130 150 Firm Qualifications 350 375 Staffing 350 375 Understanding& Methodology 195 225 References 140 150 Interview 135 150 Proposal Clarity 150 .4:t' •l A3Dti`�` r4. '`.1425 ¢ } a Total � , 3 ._1- ;:slw7 t ,,.._,r IV. DUE DILIGENCE REVIEW • Interview Ranking: Tied for 2nd Ha s& ssociates .rl7imrnaiy i Ri vie]N ti $Jr N c+ • Harris is well-rounded, multi-disciplinary firm such as redevelopment, economic development, housing funding specialty in addition to transportation. We could use them for federal EDA funding of Main Street Imps. Good working history for Oak View design, Sunset Beach assessment study. They meet short deadlines. 3afis$Associates'? -Prang' k • Administration from $110/hr to Principal-in- Charge$330/hr 609 PROFESSIONAL SERVICE AWARD ANALYSIS , SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: OVERALL RANKING: 5 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. PW Director 2. Administrative Services Manager 3. Jessica Framson I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 433 out of 475 KOAaCORP`-ialllznimum Q�ualifucations Reviews ; Total Weighted Maximum Criteria Score Score Proposal Clarity 140 150 Firm Qualifications 325 375 Staffing 350 375 Understanding& Methodology 210 225 References 140 150 Interview 135 150 Total II. DUE DILIGENCE REVIEW • Interview Ranking: Tied for 2nd 1�1SOA Ciorrp . aSula7l�mazy.of Revie�lll ��� e x ± �r . t fl 4" d *t _....:;•..,Pi 4....�e..^..°�.,....:=L.r{^�':',..;.sr'..a v...,_..�T.d:.:a...r,W�<`..:.:a�.ai-..y..�fi-tu...J M..s }^.fJ.rr:i+J • Team of engineers &planners who secured funds for transportation projects. KOA understands what funding agency wants & how to improve elements. Secured $700K in HSIP for HB. • very detailed tracking platform & prepared grants handbook KKOA,.07 41ca14 :' e f.._A......m..,a....at.:: •. .,..Lc.c ,i lw�.w«.k,..}-tfw�`re...st.+..v...�<. .v"i,._�.'.t�.-s....a.' . • Intern from $100/hr to Regional Manager$378/hr 610 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: OVERALL RANKING: 6 out of 6 SUBJECT MATTER EXPERTS/RATERS: 2. PW Director 2. Administrative Services Manager 3. Jessica Framson III. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 425 out of 475 . g4". xCliF`F t .,#y Z'+„m"^� •' .{` s' ? F ji i ';ti `1Yli#hL'1„t '+, yr _.-.. _�. a�=..'iz;Y ...�..�. ,:.�• ,4:f� ? .:..:...�..i...t.,._._.r.�:'.a....:.:.`r.L.'&�:",.'':"ai..L�...,..-,s cr,. ,,,t...r. r .,�. , Total Weighted Maximum Criteria Score Score Proposal Clarity 130 150 Firm Qualifications 350 375 Staffing 325 375 Understanding 8 Methodology 195 225 References 140 150 Interview 135 150 Total IV. DUE DILIGENCE REVIEW • Interview Ranking: Tied for 2nd • CWE are all engineers who can spin a grant to meet maximum points from grant agency. • CWE does post monitoring programs & plans • Successful track record for winning Storm Drain funding across OC &LA County. 0 ._ . -�;t.......f�..r�'t- ,:1.,e:... • Admin Asst.from $116/hr to Project Manager $275/hr 611 • • - //rii 4 II ld I NcINGT> n a ar nIlk • '_ •• • •._ 4/Ae,.• c0P � RqT and .. _ __ _ llik A1tL , Administration • % -_ _ :: . , Professional Services Contracts --11W1 %j 'ice )J' • ' .. - 0. 00. • 1 ..... ..,. ._______,- -,__. s.'S) ••• co 0 b••�/;, 19;'�••• X _ Nv JO NTH( t' ,/' 612 On -Call Professional services support staff needed : • Prepare and administer grant applications for various funding sources and compliance requirements • Federal • State • Regional • Local • Consultant duties • Identify grant resources ,`,"N..... .ti • Community outreach �`~' J:. _ • Project coordination and administration UNTV i 613 Details and S • 2024 RFQ for Grant Writing and Administration Services • 14 firms submitted proposals • Top eight interviewed • Qualifications-based selected procurement for six firms • Advanced Avant-Garde, Inc. , CWE, Engineering Solution Services, Harris & Associates, Inc. , KOA Corporation , and Villa Civil , APC selected • $250,000 each- 3-year contracts — funded through existing CIP budget as needed ��'T'N To i<<i.. N G ,Ay' • No additional funding necessary f : _ : '_‘ UNTV CPi 614 e ZINGT — City of Huntington Beach R ORa, a 2000 Main Street ♦ Huntington Beach, CA 92648 -.` _ (714) 536-5227 • www.huntingtonbeachca.gov ?F°,Fe • �� s Office of the City Clerk o C ``�°e"asoee COUNTY �Ps®® Robin Estanislau, CityClerk August 16, 2024 KOA Corporation Attn: Michael Nilsson, AICP CTP 1100 Corporate Drive, Suite 201 Monterey Park, CA 91754 Dear Mr. Nilsson: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administration, approved by the Huntington Beach City Council on August 6, 2024. Sincerely, S Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan