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HomeMy WebLinkAboutBerryman & Henigar - 2000-11-01• (Contract less than $20,000.00) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BERRYMAN & HENIGAR FOR PROFESSIONAL PLAN CHECK AND REVIEW SERVICES THIS Agreement is made and entered into this 1st day of November 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BARRYMAN & HENIGAR, a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform professional plan check and review 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 said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in the Request for Proposal ("RFP"), and CONSULTANT's Proposal dated April 21, 2000 (both of which are hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Raimar w. Schuller, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Page 1 agree/forms/profsery 19/7/19/OOBerryman & Henigar \ 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than the times set forth therein. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Twenty Thousand Dollars ($20,000.00). 5. PRIORITIES In the event there are any conflicts or inconsistencies between this Agreement, the CITY's RFP, or the CONSULTANT's Proposal, the following order of precedence shall govern: (1) Agreement, (2) the CONSULTANT's Proposal, and (3) the CITY's RFP. 6. 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. Page 2 agree/forms/profsery 19/7/19/OOBerryman & Henigar 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A." B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) 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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the schedule of performance Page 3 agree/forms/profsery 19/7/19/OOBerryman & Henigar • set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized 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. 8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out Page 4 agree/forms/profsery 19/7/19/OOBerryman & Henigar • of or in connection with CONSULTANT's 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. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 10. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. Page 5 agree/forms/profsery 19/7/19/OOBerryman & Henigar 11. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. 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). Page 6 agree/forms/profsery 19/7/19/OOBerryman & Henigar • • B. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. 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. D. The reporting of circumstances or incidents that might give rise to future claims. 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. . provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies 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 coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said Page 7 agree/forms/profsery 19/7/19/OOBerryman & Henigar policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. 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 the CITY. CONSULTANT shall secure at its 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 services to be performed hereunder. 15. 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 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 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of the CITY, become its property and shall be delivered to it by CONSULTANT. 16. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 17. 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. Page 8 agree/forms/profsery 19/7/19/OOBerryman & Henigar 18. 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. 19. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Fire Chief 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, addressed as follows: Page 9 agree/forms/profsery 19/7/19/OOBerryman & Henigar • • TO CITY: Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 20. MODIFICATION TO CONSULTANT: Berryman & Henigar 2001 East First Street Santa Ana, CA 92705 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed -by both parties. 21. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement 22. SECTION HEADINGS. The titles, captions, section, paragraph, 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 maters 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. 23. 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 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 neuter gender and singular or Page 10 agree/forms/profsery 19/7/19/OOBerryman & Henigar 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. 24. 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 of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 25. 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. 26. 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. Page 11 agree/forms/profsery 19/7/19/0013erryman & Flenigar 27. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 28. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: — aimar W. Schuller print name ITS: (circle one) Chairman/President/ ice President A� ity Administrator AND APPROVED AS TO FORM: By: J R r uez print name �l City Attorney I TV(circle one) Secretary 'ef Financial Office /Asst. Secretary — Treasurer INITIATED, REVIEWED AND APPROVED: "o-P k�f� 1 - 16(t lm ire Chie Page 12 agree/forms/profsery 19/7/19/OOBerryman & Henigar PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BERRYMAN & HENIGAR FOR PROFESSIONAL PLAN CHECK AND REVIEW SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Time of Performance...............................................................................................2 4 Compensation..........................................................................................................2 5 Priorities..................................................................................................................2 6 Extra Work...............................................................................................................2 7 Method of Payment...................................................................................................3 8 Disposition of Plans, Estimates and Other Documents...........................................4 9 Hold Harmless.........................................................................................................5 10 Workers' Compensation Insurance..........................................................................5 11 General Liability Insurance......................................................................................6 12 Professional Liability Insurance..............................................................................6 13 Certificates of Insurance..........................................................................................7 14 Independent Contractor............................................................................................8 15 Termination of Agreement.......................................................................................8 16 Assignment and Subcontracting................:..............................................................9 17 Copyrights/Patents...................................................................................................9 18 City Employees and Officials..................................................................................9 19 Notices......................................................................................................................9 20 Modification.............................................................................................................10 21 Captions...................................................................................................................10 22 Section Headings.....................................................................................................10 23 Interpretation of this Agreement..............................................................................10 24 Duplicate Original....................................................................................................I I 25 Immigration..............................................................................................................11 26 Legal Services Subcontracting Prohibited...............................................................11 27 Attorney's Fees.........................................................................................................12 28 Entirety.....................................................................................................................12 agree/forms//7/ 19/00 • , 0 EXHIBIT A Submitted to: Huntington Beach Fire Department Attn.: Duane Olson, Division Chief Fire Marshall 2000 Main Street Huntington Beach, CA 92648 Submitted by: Berryman & Henigar 2001 East. First Street Santa Ana, CA 92705 April 21, 2000 • April 21, 2000 Mr: Duane Olson, Division Chief / Fire Marshall City of Huntington Beach Fire Department 2000 Main Street Huntington Beach, CA 92648 Subject: City of Huntington Beach Fire Department Plan Review Services Dear Mr. Olson: Berryman & Henigar appreciates the opportunity to submit this Proposal. for Fire Prevention Plan Review Services. Our firm is capable to provide as needed plan review to determine compliance with the City adopted guidelines of the Uniform Fire Code, Huntington Beach Municipal Code, Title 19 of California Code of Regulations, NFPA Standards and other state and nationally recognized Fire Standards. While our proposal contains detailed resumes, an organizational chart, experience and references, I want to highlight a few unique characteristics that sets Berryman & Henigar apart: • We have no conflict of interest, since we do no private building design work. • We have implemented excellent quality control measures to ensure uniform policies and procedures; • Our staff has strong credentials and extensive municipal and county experience. • We have continuous involvement at IFCI, ICBO as well as California conferences and training seminars. I have personally served six years on the 1CBO Board of Directors, and have been actively involved with the Newport Beach Fire Department during my 16 years with the City. We will assign Ms. Pamela Smith, our Community Development Administrator to oversee, log, process and expedite fire plan check and inspection services for the City of Huntington Beach Fire Department. By virtue of our close proximity and plan check experience, we are confident that we can provide a responsive review and develop a great working relationship where you can rely on us as an extension of your staff. If you have any questions or would like additional information, please do not hesitate to call Pam Smith at (714) 568-7300. Sincerely, Berryman & Henigar Raimar W. Schuller, C.B.O. Senior Vice President, Community Development Division 2001 East First Street • Santa Ana, California 92705-4020 Tel. (714) 568-7300 9 FAX (714) 836-5906 • www.bhiinc.com City 9 of Huntington Beach Fire Plan Review Services SECTION 1 • TABLE OF CONTEMTS; METHODOLOGY/APPROACH .......................................1-1 SECTION 2 PROJECT TEAM ........... .................................................... 2-1 ♦ Organizational Chart ♦ Team Resumes SECTION 3 CONFLICT OF INTEREST ............................ 3-1 .................... SECTION 4 REFERENCES..................................................................4-1 SECTION 5 SCHEDULE OF FEES, ..................................................... 5.1 SECTION 6 INSURANCE.....................................................................6-1 \\newbert\mrkting\proposal2000\bs\huntingtonbeach\fire\00_toc.doc Berryman .& Henigar r� City of Huntington Beach Fire Plan Review Services RANGE OF SERVICES SECTION 1 METHODOLOGYAND APPROACH - - The following is an itemized range of services which Berryman & Henigar's fire plan review and inspection staff is prepared to provide for the City of Huntington Beach. All work will be performed as part of this Proposal. The range of services and the manner in which they are performed will be in accordance with the specific requirements of the City's program. FIRE DEPARTMENT PLAN REVIEW Berryman & Henigar will provide to the City of Huntington Beach Fire Department, plan review services of the "Fire Protection Systems." These projects include but are not limited to fire sprinkler systems, standpipe systems, fire hydrants, fire alarms and heat and smoke detection systems. Other projects that may fall under this. review include state or county regulated occupancies. Some of these projects may include: hospitals, jails, institutional facilities, schools, medical gas systems, commercial tenant improvements for occupancy change, spray booths, above ground tanks and hazardous materials. These reviews would involve: TASK 1: Traditional preliminary plan review consultation meetings can be prearranged. TASK 2: Perform initial plan review and one recheck of plans to insure compliance with Uniform Fire Code as adopted by the City of Huntington Beach, including: • Huntington Beach Municipal Code • National Fire Protection Association • California Fire Code • California Code of Regulations, Title 19 & 24 • Other nationally recognized fire standards TASK 3: Provide the applicant and the City of Huntington Beach Fire Department a list of items needing clarification or change to achieve conformance with the above regulations. TASK 4: Perform all necessary liaison with the permit applicant by telephone, fax, mail or meeting to complete all necessary rechecks and achieve conformance with minimum standards and regulations. TASK 5: Liaison with Huntington Beach Fire Department, by mail, telephone, fax, to insure compliance with the latest adopted edition of the Uniform Fire Code Sections 103 to insure compliance with local policy interpretations relating to alternate materials. TASK 6: Perform reviews of revisions to plans that have previously been approved for permit issuance. \\Newbert\mrkting\Proposa12000\BS\Huntington Beach\Fire\01_Scope.docl-1 Berryman & /"/e'nigar City 9 of Huntington Beat Fire Plan Review Services SECTION 1 METHODOLOGYAND APPROACH TASK 7: Berryman & Henigar will perform extra work when requested in writing by the City of Huntington Beach. TASK 8: Berryman & Henigar will note the below items on the plan review correspondence to the City of Huntington Beach Fire Department: 1. The date plans were reviewed. 2. The date initial plan review was completed. 3. The date the applicant was notified that the initial plan review was completed. 4. The calculated number of work days to complete initial plan review. The Huntington Beach Fire Prevention Bureau division or Fire Department will provide Berryman & Henigar with the UBC rated occupancy of the building. A statement of any conditions imposed or agreed to in any prior meetings between the City and the owner or the owner's agent(s) shall be submitted. Our firm will also receive and analyze flow test information from the nearest fire hydrant to the project to insure adequate capacity. PLAN AND CORRECTION LIST TRANSMITTAL The plan review staff maintains a variety of correction lists, supplemental lists and guidelines for use as deemed appropriate on each individual project. Should your jurisdiction require use of your standard correction lists, Berryman & Henigar will maintain copies for use in our Client File: Correction lists are developed and attached to the plans along with a transmittal form. Completed plans are stamped, signed and forwarded by courier with a transmittal form directly to the City of Huntington. Beach. The plan transmittal procedure used by Berryman & Henigar eliminates the possibility of tampering :when forwarding them to the jurisdiction for permit issuance. Berryman & Henigar's Transmittal Forms are customized for reviews. They address items that could otherwise be easily missed between plan check and permit issuance. If desired, Berryman & Henigar will provide pre -labeled mailing bags for use by your staff. RECORDS MAINTENANCE Berryman & Henigar maintains files and logs to document the review process. Berryman & Henigar's plan log system tracks and maintains the following: ✓ Receipt date ✓ Transmittal date ✓ Who is reviewing documents \\Newbert\mrkting\Proposal2000\BS\Huntington Beach\Fire\01_Scope.doc1 -2 ' Berryman & Henigar r� L.J City g of Huntington Beach Fire Plan Review Services ✓ Who is in possession of documents ✓ Status of project ✓ Project description ✓ Client's file number and project description ✓ Fees SECTION 1 METHODOLOGY AND APPROACH Our document files are in two main categories; a client master file and a file for each project. Client files contain the following: ✓ Request for Proposal ✓ Proposal ✓ Contract/Amendments ✓ Ordinances, Standards and Guidelines ✓ _Correspondence ✓ Policies, Interpretations and Procedures Invoices ✓ Preferred correction lists, forms, general notes, etc., as desired by the client. A Jurisdictional Information Sheet that addresses all pertinent information needed by the plan check staff is maintained in the client's master file. Changes requested by the client are incorporated and distributed to staff with the updated amendments. Each project file contains items such as the following: ✓ Correction lists ✓ Transmittal forms ✓ Calculations by plan checker ✓ Correspondence ✓ Copies of marked plans (where applicable) All records will be available for inspection during and after the contract period for three (3) years. Copies of records will be furnished upon request. OFFICE HOURS For direct communication Berryman & Henigar's staff is available between 8:00 a.m. and 5:00 p.m., Monday through Friday. Appointments are recommended. TIMELY PERFORMANCE Berryman & Henigar will strive to maintain efficient turnaround time on all reviews as a key measurement of our performance for City permit applicants. The maximum turnaround time for initial reviews will be ten (10) working days. Extremely large or complex structures would be as agreed upon in advance with the Building Official. Rechecks will be done within five (5) \\Newbert\mrkting\Proposa12000\BS\Huntington BeachAre\01_Sc0pe.doc 1 -3 Berryman & iHenigar • City of Huntington Beach Fire Plan Review Services SECTION 1 METHODOLOGYAND APPROACH working days but usually require less time. Turnaround time may be adjusted to accommodate the City of Huntington Beach's specific needs once the contract is set up. STANDARD PLAN CHECK PLAN CHECK ITEM PROPOSED TURN AROUND Small Commercial (Bldg.) 10 Days Interior T.I. 10 Days Interior T.I. 10 Days Large Commercial 15 Days Auto. Sprinkler Systems (new) 15 Days Auto. Sprinkler Systems (T.I.) 10 Days Hood & Duct Suppression Systems 10 Days Smoke Detection, Alarm Systems (new) 10 Days Smoke Detection, Alarm Systems (T.I.) 10 Days Industrial Applications & Special Processes 10 Days Tank Installations and Removals 7 Days Hazardous, Flammable Material Storage 10 Days Tents, Canopies, Special Events 5 Days Fire Access, Phase -in Plans, Misc. Permits 5 Days EXPEDIATED FIRE DEPARTMENT PLAN CHECK SCHEDULE at 125% of fees shown PLAN CHECK ITEM PROPOSED TURN AROUND Small Commercial (Bldg.) 7 Days Interior T.I. Small 5 Days Interior T.I. (Large) 7 Days Large Commercial 10 Days NOTE: 1 "Turn Around Time' refers to the building time for the first plan check cycle, not issuance of a permit to build. Subsequent reviews may be shorter, depending upon the number of changes required. 2 Days noted are working days. 3 Assumes all plans are "complete" when submitted 4 Does. not include, nor are we responsible for, EMWD Turn Around 5 Does not include, nor are we responsible for, CalTrans Turn Around 6 A. If filed between 8:00 a.m. & 12:00 noon = Stamped Received 12:00 Noon B. If filed between 12:00 noon & 5:00 p.m. = Stamped Received Following Morning (8:00 a.m.) \\NewbertkmrktingkProposal2000\BS\Huntington Beach\Fire\01_Scope.doc1 -4 Benyman & Hen®gar City of Huntington Beach SECTION 2 Fire Plan Review Services PROJECT TEAM . STAFF EXPERIENCE Our Plan Review and Inspection staff have extensive local government experience that helps them to understand the unique needs of a Fire and Building Safety operation. Our team consists of licensed engineers, certified plans examiners, and CABO certified building officials. This professional staff has experience reviewing all types of construction and building occupancies including the associated fire protection systems. Qualifications of our Team Berryman & Henigar has established a highly qualified consultant team to serve your jurisdiction. All members of our team have strong backgrounds in their respective fields, having worked in the public and private sectors for many years. Project Manager Mr. Ray Schuller, C.B.O. is Berryman & Henigar's Senior Vice President of Community Development and Director of Building Safety. Mr. Schuller has over 39 years working with municipal jurisdictions and 27 years as Building Official. He has served six years .on the Board of Directors .of the International Conference of Building Officials. Plan Review Mr. Ken Crispin's experience includes 17 years in fire suppression, 6 years in Fire Prevention Bureau of Orange County as captain and supervisor, including serving on the Board of the Orange County Fire Prevention Officers Association. For the last 5 years, Mr. Crispin has worked as a private sector consultant for many governmental agencies in California, Nevada and Washington. Most recently Mr. Crispin assignments included the 10-story Money Store office project in West Sacramento where he was responsible for the overall fire plan review and fire code inspection of this structure. Ms. Anne Marie Bland's experience includes 19 years in fire prevention in the public and private sector. Over the last three years she has worked as a private sector consultant providing plan reviews, evaluations and administrative fire .code reports for various clients. \\Newbert\mrkting\Proposal2000\BS\Huntington Beach\Fire\02_TEAM.doc2-1 Berryman & /7enigar • City of Huntington Beach Fire Plan Review Services • CITY OF HUNTINGTON BEACH Fire Department Duane Olson, Fire Marshal RAY SCHULLER, C.S.O. Berryman & Henigar KENNETH CRISPIN Berryman & Henigar SECTION 2 PROJECT TEAM ANN MARIE BLAND Berryman & Henigar \\Newbert\mrkting\Proposal2000\BS\Huntington Beach\Fire\02_TEAM.doc2-2 Berryman A Henigar RAIMAR A 19 W. SCHULLER Project Manager/City Contact Education & Certifications Masters in Public Administration, CSU, Long Beach, 1978 Graduate Studies in Structural Engineering, CSU, Long Beach, 1975 B.S.C.E., University of Southern California, 1973 Lifetime Teaching Credentials, Public Services and Administration, California Community Colleges #297829 Certified Building Official. C.A.B.O., #190 . Certified Building Inspector. • I.C.B.O., #567 Professional Affiliations International Conference of Building Officials California Building Officials Council of American Building Officials EXPERIENCE Mr. Schuller is Senior Vice President of Berryman & Henigar's Community Development Division, West Coast. He brings.with him a wealth of administrative experience in Building Safety and Fire Prevention. He is current Building Official for Laguna Hills, Laguna Niguel, Laguna Woods and Villa Park. • Director of Building and Safety, Newport Beach, California. Supervised a full -service department including plan review, permit issuance, inspection, fire safety, plan review, grading and code enforcement for a city of 70,000, with a staff of 23 and a budget of $1.75 million. His duties included supervising plan checkers, inspectors and the on and offsite grading administration. Deputy City Administrator, Inglewood, California. In addition to his experience in the field of Building and. Safety, .Mr. Schuller served as the Deputy City Administrator for the City of Inglewood, CA. He was responsible for directing the planning, building, fire prevention housing, environmental standards and redevelopment efforts for a city of 91,000 with a staff of 55 and a budget of $4.7 million. Mr. Schuller additionally served as Superintendent of Building and Safety in the City of Inglewood where he administered building and fire prevention activities with a staff of 15 and a budget of $425,000. Prior to serving as Superintendent, Mr. Schuller was Associate Civil Engineer and Plan Check Engineer. with the City of Inglewood. Professional Involvement. Actively prominent in his professional affiliations, Mr. Schuller served on the ICBO Board of Directors from 1993 to 1999. He was also inducted into the CALBO Hall of Fame in 1992. He was Chairman/Moderator of the 1990 Administrative Code Development Committee. Mr. Schuller holds a lifetime credential as associate professor in the California College system and is familiar with Uniform and California State Codes. He has over thirty-six years. background in municipal government administration Berryman & Henigar Special Training & Registrations Fire Prevention Officer 1, ll, & 111 Certified Fire Code Inspector P.C. 832 Firearms & Arrest Procedures UC Irvine Hazardous Material Management Rancho Santiago College, Fire Technology ANNE MARIE BLAND Fire Department -Plan Check Professional Affiliations National Fire Protection Association Orange County Fire Prevention Officer's Association EXPERIENCE Ms. Bland has 19 years of fire prevention experience, including fire plan check and inspection in both the public sector and consulting plan review. Consulting Plan Review. Prepare technical reports and provide fire code consulting for private firms and municipalities. Fire Safety Specialist, City of Orange Fire Department. Served in fire prevention doing the plan check and inspections. Coordinated the underground tank installation program for plan review and soils remediation program. Fire Safety Specialist, City of Santa Ana Fire Department. Evaluated hazardous materials and insured that storage use and occupancy of building was done in a code complying manner, Berryman & Henigar KENNETH G. CRISPIN Fire Department Plan Check Special Training & Registrations Fire Prevention I A and I-B University of California, Irvine Fire Investigation I University of California, Irvine Fire Engineering (Fire Sprinklers) Fire Code Management National Fire Academy California General Contractor's Licenses (Class B-1) Professional Affiliations National Fire Protection Association International Conference of Building Officials Orange County Fire Prevention Officer's Association EXPERIENCE Mr. Crispin brings with him more than 28 years of fire service experience, including 17 years in suppression, 6 years fire prevention, as well as, 5 years of private sector experience in fire plan check and inspection. Orange County Fire Department (CA). He served in several roles, including Fire Captain (suppression), Fire Captain Division Supervisor for the Fire Prevention Division. While in the Fire Prevention Division he supervised the Plan Check / Engineering Section, responsible for all code interpretations pertaining to plans reviewed by the section. Mr. Crispin's background includes extensive experience in the review of plans for compliance with state and local codes; review and approval of proposals for correction of Fire Code violations; preparation of the Uniform Fire Code adopting ordinances; review of various operations under the Hazardous Occupancies regulations and other life safety -related ordinances for the jurisdictions served by the Orange County Fire Department. Many of Mr. Crispin's project responsibilities included the annual and new construction inspections of complex buildings (e.g., high-rise buildings, hospitals, hazardous occupancies, and hotels) for compliance with the California Code of Regulations Titles 19 and 24, as well as the Uniform Fire Code. He assisted the suppression companies with inspections, served as liaison for Planning and Building Departments of several cities, and worked in conjunction with the local District Attorney's office regarding compliance issues. Berryman & Henigar City of Huntington Beach SECTION 3 Fire Plan Review Services CONFLICT OF INTEREST Berryman & Henigar has no Conflict of Interest since Community Development does no design work.. Berryman & Henigar is not employed by, or associated with any landowner or developer which have an interest associated with this Proposal. Neither Berryman & Henigar nor any of its principals or shareholders have any financial interest in the outcome of services to be provided, nor do they have any financial, business or other relationship with the City of Huntington Beach or other entity that the City Council governs, which may have an impact, effect or influence on the outcome of the services proposed to be provided. \\newbert\mrkting\proposal2000\bs\huntington beach\fire\03_conf.doc 3-1 Berri)/man & Henigar City 9 of Huntington Beac� • SECTION 4 Fire Plan Review Services REFERENCES Berryman & Henigar would like to list two municipal clients and the County of Orange Fire Authority serving several municipal clients for whom we are providing fire plan review services: CITY OF ORANGE FIRE DEPARTMENT, CA Tom Groseclese, Fire Marshall City of Orange Fire Department (714) 288-2541 CITY OF HEMET FIRE DEPARTMENT, CA Richard Stacey, Fire Chief City of Hemet Fire Department (909) 765-2476 COUNTY OF ORANGE FIRE AUTHORITY, CA Chief Bill Dean County of Orange Fire Authority (714) 744-0400 CITY OF WEST SACRAMENTO, CA Chief Mike Foley, Fire Marshal West Sacramento Fire Department (916) 373-5840 CITY OF SHEL TON, WA Chief Jim Ghiglione, Fire Marshal Shelton Fire Department (360) 426-3348 \\newbert\mrkting\proposal2000\bs\huntington beach\fire\04_refr.doc 4-1 Berryman .& Henigar City of Huntington Beach • • SECTION 5 Fire Plan Review Services SCHEDULE OF FEES AFFORDABLE SERVICES Berryman & Henigar provides a cost effective and flexible solution to help you manage changing workloads. Fire suppression needs are on an hourly or job specific basis with the jurisdiction. Service PERCENTAGE OF CITY COLLECTED FEES Percentage Plan Review Services .................................... .........65% of Plan Check Fee Accelerated Plan Review Services .........................95% of Plan Check Fee Inspection Services.................................................65% of Fire Permit Fee SCHEDULE OF HOURLY RATES CLASSIFICATION HOURLY RATE Principal-in-Charge...............................................................$ 92.00 Senior FirePlan Check Engineer.............................................65.00 Accelerated Plan Check (Overtime Review).............................95.00 Permit Technician (Administrator).............................................45.00 All our Plan Reviews involve the first check and two rechecks (see section 1-4 for detailed breakdown) Type of Plan Number of Working Days Initial Check Recheck Normal Plan Review 10 5 Accelerated Plan Review 5 5 \\newbert\mrkting\proposal 2000\bs\huntington beach\fire\05 fee.doc 5-1 Berryman & i miner . City of Huntington Beac7� Fire Plan Review Services 0 Section 6 INSURANCE COVERAGE INSURANCE COVERAGES AND PROFESSIONAL LIABILITY Insurance Carrier:. CNA Insurance Company . c/o Meridian Agency" 16885 W. Bernardo Drive, Suite 123 San Diego, CA 92127 LIMITS LIABILITY.." TYPE OF ." POLICY EFFECTIVE EXPIRATION In Thousands (000) INSURANCE NUMBER DATE DATE Each Occurrence Aggregate GENERAL LIABILITY: C143807126 12/31/99 12/31/2000 Comprehensive Form Bodily Injury Premises -Operations and Property $1 000 $1 000 Damage Productions/Completed Combined Operations Hazard Contractual "Insurance Broad Form:Property Damage Independent Contractors Personal Injury .. Broad:Form Comprehensive. G L Endorsement .. Personal Injury $1,000 AUTOMOBILE LIABILITY: C1 43807143 12/31/99 12/31/2000 Comprehensive Form Bodily Injury Owned and Property $1,000 Damage Hlred Combined Non -Owned.; WORKERS COMPENSATION WCC136937566 12/31/99 12/31/2000 Bodily Injury $1;000 Policy .EMPLOYERS' LIABILITY Limit EXCESS LIABILITY C143867157 12/31/99 12/31/2000 $5,000 (Covers General, Automobile and Employers' Liability Design Professional Insurance Companies Insurance Carrier: Go Dealey, Renton &"Associates 575 Anton Boulevard, Suite 530 Costa Mesa, CA 92626 TYPE OF.. TRUST EFFECTIVE EXPIRATION LIMITS OF LIABILITY: COVERAGE NUMBER DATE DATE In Thousands (000) Professional Liability PL-700625 11/21/99. 11/21/2000. $1,000 per claim $2,000 annual aggregate (Errors and Omissions) NnewbeAlimMinglDroposap000�bn\huntirgton beacMfire�06_rnsnrance.doc - - 6-1 Berryman & Henigar AUG-16-2000 10 : 59 MERIDIAN INS SERVICES 8Z e2 x 37 4tK i ur uiAoiw 1 1 11'MQv IMV TCOkTl 08/16/00 r PRODUCER THIS CERTIFICATE UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MERIDIAN INSURANCE SERV. INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4501 E . ILL PALMA AVE. STE. 150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM CA 92807- Phone:714-693-9100 Fax:714-693-9108 INSURERS WORDING COVERAGE INSURER A: Transcontinental ins. Co. INSURERB: General Securit insurance Berryman Berryman & 8euigttr Bnte_ Berry & 8enigar Inc INsuRERc: Valle Fore Ins. Co. (CNA) ��pr�.l�es 11590 W. Bernardo Ct#100 INSURER 0; Continental Casualty Co. (CNA San Diego CA 92127-M4 � INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CUZS. DATE M DD TION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER POLICY E DATE MMI D THE GENERAL LIABILITY I EACH OCCURRENCE j S 1, 00 01 000 A X COMMERCIAL GENERAL LIABILITY I C17 516 6 5 8 8 12 / 3YC'n _ / 31/ 0 0 1 FIRE DAMAGE (Any one rim) , $ 50,000 CLAIMS MADE t ry U OCCUR MED EXP (Any one person) yS 51000 I Ji ��wner/COAt Prot. PERSONAL &ADVINJURY ! $1, 000, 000 `,r rGENERALAGGREGATE 1$1,00O,D00 �GEN'L AGGREGATED LIMITAPPLIES PER: . L � �� � „� , _ ..,i yt PRODUCTS • COMP/OP AGG � , 0 0 0 , 0 0 0 I 'POLICY I'LOC � AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT a, 0 0 0, 0 0 0 C ; xjl+ ANY AUTO ` BTJA1073310420 12/31/99 12/31/00 (Ea ,cciden1) �ALL OWNED AUTOS I ..... ,I BODILY INJURY I — $ SCHEDULED AUTOS (Per person) y! II HIRED AUTOS BODILY INJURY - S NON -OWNED AUTO$ (Per accident) Y — PROPERTY DAMAGE 3 $500 DED COMP/COLL (Peracddent) GARAGP LIABILITY AUTO ONLY • EA ACCIDENT S ANY AUTO I FA ACC OTHER THAN S _ — i AUTO ONLY: AGO i S EXCESS LIABILITY I I EACH OCCURRENCE j S 5, 0 0 0, 0 0 o 8 7LJ OCCUR �j CLAIMS MADE : UM2007204 12/31/99 12/31/00 AGGREGATE 115, ID00, 000 I S �DEDUCTIBLE X I RETENTION $ 10 , 0 0 0 I S WORKERS COMPENSATION AND X TORY LIMITS I F,R� D FaNPLOYERS'LIAa1uTY WCC1056779829 1 12/31/9 112/31/00 E,L.EACH ACCIDENT 1 $ 1, 000, 000 E.L, DISEASE • EA EMPLOYE . $ l , 600 , 000 E.L. DISEASE - POLICY LIMIT 1 $ 1, 0 0 0, O 0 0 iOTHER II A iinland Marius �C175166588 12/31/09 12/31/00I Equipment I $54,634 DESCRIPTION OF OPERATIONSILOCATIONSWHICLES)EXCLUSIONS ADDED BY ENDORSEMENTMPBCU1L PROVISIONS City of Huntington Reach, its agents, officers, and employees are named as additional insureds per endorsement attached. RE: Fire Department- Plan Review Services I CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITyHB2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HONTINGTON BEACH DATE THEREOF, THE ISSUING INSURER WILL dip MAIL 30 DAYS WRITTEN Attn: Duane Olson NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fire Marshall/Divisor Chief 2000 MAIN STREET HUNTINGTON BEACH CA 92648 ti .__[ Nicki as AGORD rZ545 (7MT) - V WALrVKU LiUKrUKAtIIVN 1550 -16-00 01:13P BERRY AN & HENIGAR 714 42 4910 P.03 10:59 RIDIAN INS SERVICES P.02'02 CL 246 (11.85) A.'y1 I NSURED: Berryman c$ Henigar EnterpriseilBerryman & Henigar, Inc, et al NUMBER: 075 i588 THIS ENDORSEMENT CIWIGES THE POLICY. PLEASE READ IT CAREFULLY. CG201011 85 � DPI TIONAL INSURED --O- WNERS, LESSEES OR CONTRACTORS (FORM B) 'his er-d )rsement modifies insurance provided under the following: C04MERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE '14me of Person or Organization: (. ry of h'- mrington Beach, its a gents, officers, and employees (' f no ent: y appears above, inft rmation required to complete this endorsement will be shown In the Declarations as a. )plicablf to this endorsement, i V KO 13. C\11NSURM (Section In is amended to include as an insured the person or organization shown in the c hedu'.e. but only with respect to liability arising out of'your work' for that insured by or for you, CC 20 Y, 1195 Copyright, Insurance Services Office, Inc. TOTAL 11.02 � � kN3MC§3.03 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To: Connie Brockway, City Clerk Via: Gail Hutton, City Attorney Via: Ray Silver, City Administrator From: Michael P. Dolder, Fire Chief/Information Systems Director " Date: November 1, 2000 SUBJECT: BERRYMAN & HENIGAR PROFESSIONAL SERVICES CONTRACT — COMPLIANCE WITH HBMC CHAPTER 3.03 The Fire Department desires to engage and contract to perform professional plan check and review services for the City of Huntington Beach. Attached is the contract for Berryman & Henigar, a California Corporation. The Certificate of Insurance has been approved as to form by the City Attorney's Office and the original is on file in Risk Management. The provisions of HBMC Chapter 3.03.110 have been complied with in that developer fees, not city funds, will be used to pay for the contracted plan checks and review services.. If you have any questions or need additional information, please call my office at ext. 5402. MPD/DSO/bjg s:fmt\olson\Barryman & Henigar compliance to hbmc Attachments (3) CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION III To. Connie Brockway, City Clerk AUG 2 2000 CITY OF HUNTINGTON BEACH Via: Gail Hutton, City Attorney ADMI ICSTRATIVE OFFICE Via: Ray Silver, City Administrator From: Michael P. Dolder, Fire Chief/Information Systems Director "Y Date: August 23, 2000 SUBJECT: BERRYMAN & HENIGAR PROFESSIONAL SERVICES CONTRACT — COMPLIANCE WITH HBMC CHAPTER 3.03 The Fire Department desires to engage and contract to perform professional plan check and review services for the City of Huntington Beach. Attached is the contract for Berryman & Henigar, a California Corporation. The Certificate of Insurance has been approved as to form by the City Attorney's Office and the original is on file in Risk Management. The provisions of HBMC Chapter 3.03 have been complied with. If you have any questions or need additional information, please call my office at ext. 5402. MPD/DSO/bjg s:fmt\olson\Barryman & Henigar compliance to hbmc Attachments (2) N 3-63