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HomeMy WebLinkAboutGeosyntec Consultants - 2025-05-05 (2) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS FOR ON-CALL ENVIRONMENTAL ENGINEERING SERVICES 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 GEOSYNTEC CONSULTANTS, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 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 Adam King, PE, 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. 25-16079/375777 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Vituj5 , 202.5 (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 One Hundred Fifty Thousand Dollars ($150,000.00). 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." 25-16079/375777 2 of 11 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: 25-16079/375777 3 of 11 "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 25-16079/375777 4 of 11 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 25-16079/375777 5 of 11 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 25-16079/375777 6 of 11 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: 25-16079/375777 7 of 11 TO CITY: TO CONSULTANT: City of Huntington Beach Geosyntec Consultants ATTN: Fire Chief ATTN: Adam King, PE 2000 Main Street 777 Yamato Road, Suite 600 Huntington Beach, CA 92648 Boca Raton, FL 33431 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 25-16079/375777 8 of 11 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. 25-16079/375777 9 of 11 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 parry'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 25-16079/375777 10 of 11 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 GEOSYNTEC CONSULTANTS municipal corporation of the State of California AJ, /14.0Z4-- By: ► ayor kitt print name ITS: (circle one)Chairman/PresidentNice President City Clerk 5/5/2 ' AND INITIATED AND APPROVED: By: Fire Chief print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPR VED: City Manager APPROVED AS TO FORM: City Attorney COUNTERPART 25-16079/375777 11 of 11 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 GEOSYNTEC CONSULTANTS municipal corporation of the State of California By: Mayor $rZI A 1J Pr✓'f fY print name ITS: (circle one)Chairman/President�ce Preside City Clerk AND INITIATED AND APPROVED: By: 067.1,101,T a re. Fire Chief prilft name ITS: circle one)Secretary/Chief Financial Officer rap 410 Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney _mac. COUNTERPART 25-16079/375777 1 1 of 11 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 GEOSYNTEC CONSULTANTS municipal corporation of the State of California i3y: Mayor Ma Tv( /AA) Peity print name ITS: (circle one)Chairman/President/'Ee Preside City Clerk D INITIATED AND APPROVED: By: Grp►'- COr`bf 1. Fire Chief print name ITS: (circle one)Secretary/Chief Financial OfficeAsst. alp reasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney 25-16079/375777 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) On-Cal Environmental Engineering Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The City is seeking qualified environmental engineering consultants with experience under the following capacity: General • Prepare, assist, and review oil well abandonment reports in compliance with HBFD City • Specification 422. • Provide training to City staff on various environmental review processes. • Review of project plans and specifications. • Perform field investigations. • Provide site assessment and preliminary studies. • Prepare and review engineering analysis reports. • Prepare and review technical and research studies. • Assist in the development of City Specifications. • Prepare, assist, and review environmental reports to ensure compliance with HBFD City Specifications 429 and 431-92. • Prepare, assist, and review oil well abandonment reports in compliance with HBFD City Specification 422. • Provide training to City staff on various environmental review processes. In general, the consultant shall perform environmental engineering services on an"as-needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Monitoring and Inspections • Perform maintenance, monitoring, and inspections of City's facilities in accordance with requirements by various applicable regulatory agencies. • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles. • Prepare documentations that comply with applicable regulatory agency requirements for permitting. EXHIBIT A • Review 3rd party reports and studies and provide City staff with comments and recommendations. • Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative. • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs,plans, specifications, cost estimates, and contract bidding documents. Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences, and job walks, prepare addendums, and analyze bids. Construction Stage • Attend pre-construction conferences. • Monitor construction schedule, visit construction sites as required for progress and quality of evaluation. • 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. Prepare "as-built" drawings. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 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: SEE ATTACHED EXHIBIT B 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 film 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 F. Cost Proposal/Rate Sheetm ' ��# ` 0Z . #;; ,` �� ��''i 3°�(°€fig 94� . ,'t �.`!� <y"}" }rµ�°'P�, GEOSYNTEC CONSULTANTS2025=2027 RATE SCHEDULE: : ENGINEER/SCIENTIST RATE/HOUR` . Staff Professional I $175 Staff Professional II $185 1 Senior Staff Professional $215 Professional $245 Project Professional $275 Senior Professional $305 i Principal $330 ; n Senior Principal $350 Subject Matter Expert $370 gt CONSTRUCTION SERVICES !:5 Engineering Technician I $105 Engineering Technician II $115 Senior Engineering Technician I $125 i` k. Senior Engineering Technician II $140 Site Manager I $147 Site Manager II $167 k. DESIGN,GRAPHICAL,AND ADMINISTRATIVE SERVICES , Designer $195 1;. Senior Drafter/Senior CADD Operator $175 �` Drafter/CADD Operator/Artist $160 3 Project Administrator $105 Clerical $85 i GENERAL z Direct Expenses Cost Plus Cost plus 12% Subcontract Services Cost Plus Cost plus 15% It Communications Fee 3%of Professional Fees}. 1" Specialized Computer Applications (per hour) $24 • Personal Automobile(per mile) Current IRS Rate it -Rates are valid for a period of three(3)years from contract award. r v -Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. '; s -When necessary,Geosyntec will provide a modified rate schedule to address prevailing wage t,.. requirements. -Construction management fee presented upon request. p' t .Y. dk , ,,, ,n -'e k .'m rc" ,.,s*ts«'au7_. , n 'w V'..{' 't'"'A,° K ., '^.g,^?1'�S,77 ,',' "ae„: e. ems*` fir ... .. CITY OF HUNTINGTON BEACH GEOSYNTEC CONSULTANTS ON-CALL ENVIRONMENTAL ENGINEERING SERVICES _ /( tita DATE(MMIDDIYYYY) A CERTIFICATE OF LIABILITY INSURANCE 4/1/2026 3/25/2025 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). ACT PRODUCER Locki�Jn Companies,LLC NAME: 444 W.47th St.,Ste.900 PHONE I FAX Kansas City MO 64112-1906 E-MAIL Ext); (A/C,No): (8 I 6)960-9000 ADDRESS: kcasu@lockton.com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:National Union Fire Ins Co Pitts.PA 19445 INSURED GEOSYNTEC CONSULTANTS,INC. INSURER B:Allied World Assurance Company(U.S.)Inc. 19489 I552000 777YAMATO ROAD,SUITE 600 INSURER C:New Hampshire Insurance Company 23841 HOCA RATON, FL 33431 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 21434242 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDOIYYYYI IMMIDOIYYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y N GL5268179 4/1/2025 4/1/2026 EACH OCCURRENCE $ 2,000,000_ CLAIMS-MADE [X]OCCUR ,pgEMI REM(DAMAGE TORENTED SES(Ea occurrence) $ 500,000 MED EXP(Any one person) S 25,000 PERSONAL&ADV INJURY $ 2,000,000 1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY JEcTPRO- I ,LOC PRODUCTS-COMP/OP AGG $ 4,000 000 OTHER: S A AUTOMOBILE LIABILITY Y N CA4489673 4/1/2025 4/1/2026 COMBINED SINGLE LIMIT(Ea accident) $ 2,000,000 A CA4489674 4/1/2025 4/1/2026 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED AUTOS ONLY X AUTOS ONLYY (Per accident)PROPERTY DAMAGE $ XXXXXXX $ XXXXXXX A X UMBRELLA MALI I OCCUR N N 031373714 4/1/2025 4/1/2026 EACH OCCURRENCE S 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 10,000,000 DEO X RETENTIONS )0,000 S XXXXXXX WORKERS COMPENSATIONOTH- C AND EMPLOYERS'LIABILITY N WC 072-11-3264 4/1/2025 4/1/2026 X STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN NIA WC 072-11-3263 4/1/2025 4/1/2026 E.L.EACH ACCIDENT S 2,000,000 OFFICER/MEMBER EXCLUDED? LNN� (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 2,00Q,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 2,000,000 B PROFESSIONAL LIAB. N N 0312-2723 4/1/2025 4/1/2026 S8,000,000 EACH ACT CONTRACTORS S 10,000,000 AGGREGATE POLLUTION LIAB DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:PROJECT#I1C1457L.TILE CITY OF HUNTINGTON BEACH,Hs OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS& VOLUNTEERS ARE ADDITIONAL.INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AND THESE COVERAGES ARI PRIMARY AND NON-CONTRIBUTORY,AS REQUIRED BY WRITTEN CONTRACT.PROFESSIONAL.LIABILITY DEDjILTIpLE( dino j'*k.etsh lvl. py: fa� v MICHAEL J.VIGLIOTTA CITY ATTORNEY CERTIFICATE HOLDER CANCELLATIOITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21434242 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN STREET HUNTINGTON BEACH CA 92648 AUTHORIZED REPRESENTATIY ©1988( 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ///0:1 I..&y 0 cillikA U 2 —colifTW REQUEST FOR QUALIFICATIONS FOR ON-CALL ENVIRONMENTAL ENGINEERING SERVICES Fire Department CITY OF HUNTINGTON BEACH Released on December 17,2024 ON-CALL ENVIRONMENTAL ENGINEERING SERVICES REQUEST FOR QUALIFICATIONS (RFQuaI.) 1. BACKGROUND The City of Huntington Beach Fire Department is seeking to retain as-needed services from qualified environmental engineering firms to supplement City staff for oil well abandonment in accordance with Specification 422, Oil Well Abandonment Permit Process, and methane mitigation and soil quality projects to meet the requirements in City Specification 429, Methane Mitigation Requirements and Specification 431-92 Soil Quality Standard. The City intends to contract with at least two (2) environmental engineering firms to provide services on an "as-needed" basis as supplemental resources are required. The professional service contract will be for a 3-year term with the option to extend the contract for one (1) year. The City will issue task orders for each project based upon the scope of services, qualifications, work schedule and reasonableness of the fee. For task orders greater than $30,000, the City will typically solicit proposals from more than one qualified consultant. The task order assignments will be awarded such that their specified duration do not exceed the contract term. Upon execution of the contracts, the City may elect to solicit proposals from all consultants for individual projects. The City will communicate, in writing via e-mail, the needs for each project based upon a scope of services, work schedule, and fee proposal submitted to the City for its review and approval. In order to submit a qualifications package, your firm must provide three (3) references indicating that you have contracted directly with a public agency located in Orange County/Los Angeles County within the last five (5) years and have successfully completed tasks in at least one (1) category listed below with the current management staff for that category. Due to logistical and time sensitive items related to city projects, the City is requesting that any firm submitting a proposal be within a 25-mile radius of City of Huntington Beach City Hall. The City may elect to contract with more than one (1) consultant based upon their field of expertise. To qualify for the RFQual., your firm must completely comply with at one least four of the five items listed below: Category: Soils/Petroleum Contamination • Provide at least three (3)projects preparing Preliminary Environmental Studies; • Provide at least three (3) projects preparing documentation in reviewing or evaluating technical reports related to petroleum related contamination. Category: Oil Well Abandonment • Provide at least three (3) projects preparing documentation in reviewing and evaluating oil well abandonments. 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFQual. December 17, 2024 Deadline for Written Questions January 3, 2025 by 4pm Responses to Questions Posted on Web January 10, 2025 Proposals are Due January 17, 2025 by 4pm Proposal Evaluation Completed January 24, 2025 (tentative) Approval of Contract February 4, 2025 (tentative) 3. SCOPE OF WORK The City is seeking qualified environmental engineering consultants with experience under the following capacity: General • Review of project plans and specifications; • Perform field investigations; • Provide site assessment and preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Assist in the development of City Specifications; • Prepare, assist, and review environmental reports to ensure compliance with HBFD City Specifications 429 and 431-92; • Prepare, assist, and review oil well abandonment reports in compliance with HBFD City Specification 422; • Provide training to City staff on various environmental review processes. In general, the consultant shall perform environmental engineering services on an "as-needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Monitoring and Inspections • Perform maintenance, monitoring, and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • Prepare documentations that comply with applicable regulatory agency requirements for permitting; • Review 3`d party reports and studies, and provide City staff with comments and recommendations. Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences, and job walks, prepare addendums, and analyze bids. Construction Stage • Attend pre-construction conferences; • Monitor construction schedule, visit construction sites as required for progress and quality of evaluation; • 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; • Prepare"as-built" drawings. 4. PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough proposal using the following guidelines: Proposal should be typed and should contain no more than 20 typed pages using a 12-point font size,including transmittal letter and resumes of key people,but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFQual. instructions, responding to the RFQual. requirements, and on providing a complete and clear description of the offer.Proposals,which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the bidder's response: A. Vendor Application Form and Cover Letter Complete Appendix A, "Request for Proposal-Vendor Application Form" and attach this form to the cover letter. Teaming is allowed. A cover letter, not to exceed three (3) pages in length,should summarize key elements of the proposal.An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the contractor's office located nearest to Huntington Beach, California and the office from which the project will be managed. B. Background and Project Summary Section The Background and Project Summary Section should describe your understanding of the City,the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP. C. Methodology Section Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include: 1) An implementation plan that describes in detail (i)the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. 3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. D. Staffing Provide a list of individual(s)who will be working on this project and indicate the functions that each will perform. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. E. Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 3) Provide at least three local references that received similar services from your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: • Client Name • Project Description • Project start and end dates • Client project manager name, telephone number, and e-mail address F. Cost Proposal/Rate Sheet(Separate Document) In an effort to save time, interested proposers shall concurrently submit a detailed cost proposal for all services and materials anticipated to complete the work,and/or professional service rate sheet as a separate document and uploaded under the Cost File. Cost proposals shall include all personnel by classification, hours and hourly billing rates. The following shall apply for Consultants submitting: • Cost proposals shall include all personnel by classification, hours and hourly billing rates. Any proposed travel and/or mark-ups on outside services shall also be noted.The Cost Proposal shall note if there are any changes,or not,to the proposed rate(s) over time. • Due to the nature of the work, state and federal prevailing wages will apply. Consultants shall not pay less than the maximum prevailing wage between the state and federal wage determinations for the same classifications. 5. PROCESS FOR SUBMITTING QUALFICATIONS City typically will advertised RFQual. through PlanetBids.com, and will also advertise with local newspaper when a contract may be pertained to Federal or State grant funded projects. Interested firms are to provide the City with a thorough qualifications package using the following instructions: • Download RFQual. Via the PlanetBids.com web site for the City as shown below, you will register and download the RFQual.. • https://www.planetbids.com/portal/portal.cfm?CompanyID=15340 • Submission of Qualifications Package Complete written proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m. (P.S.T) on January 17, 2025. Proposals will not be accepted after this deadline. Standard mail, faxed or e-mailed proposals will not be accepted. • Content of Proposal The proposal must be submitted using the format as indicated in the proposal format guidelines. • Preparation of Proposal Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. • Inquiries Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 4:00 p.m. (PST) January 3, 2025 for response. From the date that this RFQual. is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contact name listed with this RFQual., except during the pre-proposal conference. Refer to the Schedule of Events of this RFQual.or the City webpage to determine if a pre-proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. • Conditions for Proposal Acceptance This RFQual. does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFQual.,to negotiate with any qualified source, or to cancel this RFQual. in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 7. EVALUATION CRITERIA The City's evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The ranking will consist of the basic proposal for clarity and following all directions. Additionally, points will be awarded for Qualifications, Understanding and Methodology, and Staffing in each category. The Consultants in the top ranking will have References Checked, and an Interview, if necessary. The following evaluation criteria Appendix D Exhibit A. A. Compliance with RFP requirements (10 points) B. Understanding of the project(20 points) C. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies (25 points) D. Educational background, work experience, and directly related consulting experiences (25 points) E. Price (10 points) F. References (10 points) A ranking will be performed with the subtotal score for each category (100 points max) and only the top contenders will be considered further. A. Reference Check - The City may also contact and evaluate the Consultant's and sub- consultant's references; contact any Consultant to clarify any response; contact any current users of a Consultant's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. B. Business License -The Consultant will be required to have a valid City Business License. https://www.huntingtonbeachca.gov/departments/community development/apply now/subm it online/business license application/application out of citv.phpInterview C. After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview or video/voice conference interview, at the City's discretion, will be a question/answer format for clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, must be present at the oral interview or video/voice conference interview. D. A Notification of Intent to Award may be sent to the Consultant selected.Award is contingent upon the successful negotiation of final contract terms.Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully,the City may negotiate a contract with the next highest scoring Consultant or withdraw the RFQual.. The City reserves the right to waive informalities and to contract with multiple firms or reject all proposals at its sole discretion.Consultants are encouraged to keep their proposals brief and relevant to the specific work required. 8. STANDARD TERMS AND CONDITIONS • Amendments The City reserves the right to amend this RFQual.prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry,Huntington Beach- Official City Web Site-Business - Bids& RFP's; bidders should check this web page daily for new information. • Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City. • Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. See Appendix B for a sample agreement. • Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals. • Financial Information The City is concerned about bidders' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. • Insurance Requirements City Resolution 2008-63 requires that licensees, lessees,and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. • Standard Form of Agreement The consultant will enter into an agreement with the City based upon the contents of the RFQual. and the consultant's response. The City's standard form of agreement is included The consultant shall carefully review the agreement,especially the indemnity and insurance provisions, as the standard form of agreement will not be changed, and must be accepted as is. Assuming the consultant is agreeable with no exceptions, a statement to that effect shall be included in the qualifications submittal. • Disclaimer This RFQual. does not commit the City to either issue a RFP, award a contract, or to pay any costs incurred in the preparation of the RFQual. The City reserves the right to extend the due date for the RFQua1.,accept or reject any or all qualifications submittals received as a result of this request, negotiate with any qualified consultant or cancel this RFQual.in part or in its entirety without penalty. • Assigned Representatives The City will assign a responsible representative to administer the contract and to assist the consultant in obtaining information. The consultant shall also assign a responsible representative (project manager) and an alternate, who shall be identified in the RFQual. response. The consultant's representative will remain in responsible charge of the consultant's duties from the notice-to-proceed through project completion. If the consultant's primary representative should be unable to continue with the project,then the alternate representative identified in the RFQual. shall become the project manager. Any substitution of representatives or sub-consultants identified in the RFQual. shall first be approved in writing by the City's representative. The City reserves the right to review and approve/disapprove all key staff and sub-consultant substitution or removal, and may consider such changes not approved to be a breach of contract. Please carefully review the Sample Agreement (Appendix B) and Insurance Requirements (Appendix C) before responding to the Request for Qualifications enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Qualifications must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal.