HomeMy WebLinkAboutBureau Veritas North America, Inc. - 2013-03-12i
Dept. ID FD14 007 Page 1 of 2
Meeting Date: 9/2/2014
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 9/2/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Patrick McIntosh, Fire Chief
SUBJECT: Approve and authorize execution of a Contract Amendment with Bureau Veritas
North America, Inc. in the amount of $426,000 through FY 2016/17; and,
approve an additional appropriation of $100,000 for As -Needed Plan Check and
General Environmental Engineering Services
Statement of Issue:
The Fire Department uses professional plan checking and environmental engineering services on
an as -needed basis, including oversight of soil remediation activities. An additional appropriation of
$100,000 is requested for these services, along with approval of an amendment to the existing
contract with Bureau Veritas North America, Inc. These expenditures are primarily cost -neutral
since the environmental engineering is reimbursed by developers.
Financial Impact:
The recommended action is primarily cost -neutral since professional environmental engineering
service expenditures are fully offset by revenue generated through developer reimbursement.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 To Agreement
Between The City Of Huntington Beach And Bureau Veritas North America For Building And Fire
Inspection/Inspector And/Or Plan Review Services," in the amount of $426,000 and an extension of
one year through FY 2016/17; and,
B) Approve an additional appropriation of $100,000 to the Fire Prevention business unit
(10065201.69365) for plan checking and environmental engineering services and increase the Fire
Department's professional services listing authority for FY 2013/14 by a commensurate amount.
Alternative Action(s):
Do not appropriate the funds and direct staff accordingly.
Analysis:
The City of Huntington Beach Fire Department is responsible for soil remediation oversight, as
required by the Fire Code and City specifications. To provide these services, City staff uses
environmental and engineering firms who possess the technical expertise to perform these duties.
In addition, the department is responsible for plan checking to ensure compliance with the Fire
Code and City specifications.
The expertise in environmental engineering provides guidance for City staff in evaluating and
approving soil remediation activities, which is usually associated with development projects. L
Item 10. - 1 Hip -284-
Dept. ID FD14 007 Page 2 of 2
Meeting Date: 9/2/2014
Typical environmental engineering services include:
s Environmental studies
s Review mitigation plans for contaminated soil sites
® Review mitigation plans for naturally occurring and petroleum -based methane gas
® Provide field and laboratory oversight as necessary to evaluate the sampling and remedial
actions to ensure compliance with all applicable city, state and federal standards
s Submit written reports of findings and recommendations regarding testing results,
remediation plans and closure reports
® Provide representation when requested at meetings and presentations regarding soil
remediation plans and associated activities.
Fire Department development activity processes have greatly increased. In Fiscal year 2012/13
they went up 27% and FY 2013/14 has seen a similar increase. Examples of significant current
and upcoming projects that will require these services include:
® Pacific City Development, including eight story hotel
o Boardwalk Project (former Levitz property)
® Huntington Beach Lofts Residential/Retail Project, 370 units (Gothard and Center)
s Beach and Ellis Residential/Retail Project
® Beachwalk Residential Project (Beach Boulevard and Utica)
® Hoag Health Center
® Madison Pedigo Apartments, 510 units (former Standards of Excellence property)
Due to these increases in development activity, the $50,000 budgeted in FY 2013/14 was increased
by $143,000 by the City Council on March 3, 2014. Since then, development related activities have
continued to accelerate and funding for this type of service is anticipated to be exhausted by the
end of September. An additional allocation is needed at this time.
An appropriation of $100,000 to the Fire Prevention business unit (10065201.69365) is requested.
The expenditures are primarily cost -neutral since environmental engineering services and a
majority of plan checking services are reimbursed by developers. The recommended action will
also increase the Fire Department's professional services listing authority for FY 2013/14 by a
commensurate amount to comply with Administrative Regulation No. 228.
In addition, City Council approval of the attached contract amendment with Bureau Veritas North
America, Inc. is requested. It includes a contract term extension of one year from FY 2015/16 to FY
2016117 and an additional expenditure authorization for a total contract amount of $426,000. The
expenditure authorization is to accommodate the volume of development projects in the City,
including Pacific City Development, Boardwalk Project, Archstone Residential Project, general fire
safety inspection services, etc.
Environmental Status: None.
Strategic Plan Goal: Enhance economic development.
Attachment(s):
1. Amendment No. 1 To Agreement Between The City Of Huntington Beach And Bureau
Veritas North America For Building And Fire Inspection/Inspector And/Or Plan Review
Services"
xB -285- Item 10. - 2
AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BUREAU VERITAS NORTH AMERICA FOR BUILDING AND FIRE
INSPECTION/INSPECTOR AND/OR PLAN REVIEW SERVICES
This Amendment is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"City," and BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation,
hereinafter referred to as Consultant.
WHEREAS, City and Consultant are Parties to that certain Agreement, dated
March 12, 2013 entitled "Professional Services Contract Between the City of Huntington
Beach and Bureau Veritas North America, Inc. for Building and Fire Inspection/Inspector
and/or Plan Review Services" which Agreement shall hereinafter be referred to as the
"Original Agreement;" and
City and Consultant wish to amend the Original Agreement to reflect the
additional work to be performed by Consultant, and the additional compensation to be
paid in consideration thereof by City to Consultant, and additional time to perform the
additional work,
NOW, THEREFORE, IT IS AGREED by City and Consultant as follows:
1. ADDITIONAL WORK
Consultant shall provide to City such additional services as required by
City, including Plan Check and Inspection Services for City development projects.
2. ADDITIONAL, COMPENSATION
In consideration of the additional services to be performed as described
above, City agrees to pay Consultant, and Consultant agrees to accept from City as full
payment for services rendered, an additional sum not to exceed four hundred twenty-six
thousand dollars ($426,000.00).
TERM
The term of the Agreement shall be extended to March 12, 2017.
4. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
14-4343/111846
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by and through their authorized officers.
BUREAU VERIT ORTH AMERICA,
INC.
By:
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CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
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INITIATED AND APPROVED:
14
Fire Chief
REVIEWYD AND APPROVED:
City Manager
14-4343/111846
2414 AUG 22 PM 1. 06
CITE` CLERK
CITY OF PROFESSIONAL SERVICES CONTRACT BETWEEN
HUNTINGTON BEA CH THE CITY OF IiUNTINGTON BEACH AND
BUREAU VERITAS NORTH AMERICA, INC.
FOR
BUILDING AND FIRE INSPECTION/INSPECTOR AND/OR PLAN REVIEW 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 BUREAU VERITAS NORTH AMERICA, INC., a Delaware Corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to PROVIDE
BUILDING AND FIRE INSPECTION/INSPECTOR AND/OR PLAN REVIEW SERVICES;
and
Pursuant to documentation on file in the office of the City Cleric, 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 Andrea Coley who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement
agree'surtneNprofessionat Svcs to S49
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on- A4^o A 0 - , 20 0 3 (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 two -thousand five hundred Dollars ($2,500).
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
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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."
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 him 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
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 natw•e) 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
agreesurfnedprofessionat eves to $49
10/12 3 of 11
applicable. The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT,
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shalt 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 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A
claims -made policy shall be acceptable if the policy fiuther 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
agree.+su6tut/professionnl syss to 349
10/12 4 of I 1
forthwith terminate this Agreement. Such termination shall not affect 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
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 bereinabove required.
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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. hi the 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.
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10/12 6 of 11
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 perforined 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 seated 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:
TO CITY:
City of Huntington Beach
ATTN: Bill Reardon:
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
Andrea Coley
Bureau Veritas
180 Promenade Cir., Ste. 150
Sacramento, CA 95834
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17. CONSENT
When CITY's consentlapproval is . required under this Agreement, its
consentlapproval 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 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
;igra surfncdpmressionul Svcs to S49
0112 8 of 11
If
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
Went 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 execirted 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.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
teams 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 them 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
fi-eely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
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Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this 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 wilting
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 Attorney.
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 municipal corporatiorr of the State of
Bureau Veritas North America, Inc. California
COMPANY NAME
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10/12 11 of 11
PROVED AS 77�RM:
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide fire prevention fire inspection and plan review services services
for the City of Huntington Beach Fire Department.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Fire Inspections:
a. Perform fire department field inspections of issued fire permits; fire protection systems,
fire master plans and architectural plans (fire / life safety) to confirm compliance with applicable
codes and City specifications.
b. Perform all necessary liaisons with applicant, Fire Marshal or designee.
c. Complete fire inspection activity reports as requested by the Fire Marshal or designee,
d. Regulary meet with Fire Marshal or designee.
2. Plan Reviews Services:
a. Perform traditional preliminary plan review consultations.
b. Perform plan reviews of submittal plans and determine compliance with City
specifications and codes as adopted by the City of Huntington Beach.
C. Plan reviews shall be project specific at a minimum comply with the City standard
turnaround standard of:
i. Within 20 business days for first submittal
Within 10 business days for second submittal
iii, Within. S business days for third and subsequent submittals
EXHIBIT A
iv. As approved by the by the Fire Marshal or designee plan review turnaround standards
may be extended may extended based on mitigating circumstances e.g. incomplete submittal.
d. Under circumstances and as required by the Fire Marshal or designee, plan reviews may
need to be perfomed using what is comonly refered to as an "over the counter" method.
e. Provide a list of items (corrections) needing claiification or change to achieve
confonnance with City regulations.
f. Perform plan reviews of revisions to plans that have been previously approved for permit
issuance.
g. Perform all necessary liaisons with applicant, Fire Marshal or designee.
h. Complete inspection activity reports as requested by the Fire Marshal or designee.
i. Regulary meet with Fire Marshal or designee
3. Perform extra work when requested in, writing by the Fire Marshal or designee.
4. Attend meetings to proposed projects as requested by the Fire Marshal or designee.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Establish a schedule for conducting Fire Inspections
2. Submit plans for review and establish completion schedules
3. Provide inspection and plan review activity report
4. Timely payment of invoices upon receipt and approval.
D. . WORK PROGRAM/PROJECT SCHEDULE:
To Be Determined
EXHIBIT A
1GXHIBI'T "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
B. Travel Charges for time during travel are not reimbursable,
C, Min
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.
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.
A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to be submitted to CTTY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm
that the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not
be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been
1
Exhibit B
brought into compliance, or until this Agreement has expired or is terminated as
provided herein
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain
all of the information required above, and in addition shall list the hours expended
and hourly rate charged for such time. Such invoices shall be approved by CITY if
the work performed is in accordance with the extra work or additional services
requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated
as separate and apart from the ongoing performance of the remainder of this
Agreement.
2
Exhibit B
EXMIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules,.
2. 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.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of.the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY, Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Exhibit B
PROFESSIONAL 3 ' CONTRACT BETWEEN
THE CITY 0P HUNTINGTON BEACH AND
BUREAU \ERDASNORTH &MERICA, INC.
FOR
BUILDING AND FIRE I@SP8(JIONAN3P8C7OIiAND/OR PLAN REVIEW SERVICES
1
2
3
4
5
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7
8
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12
13
14
15
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18
19
20
21
22
23
24
25
16
27
28
20
Table of Contents
ScopeufServices ............................................ .—............................................... 1
CityStaff Assistance ........................... ........................ ...................... .................... %
Toou Time o[Performance ........... ......................................... ...............................
2 Conupuuoudoo.........--_...--^.~.----..~.~..—...--.—.—'
ExtraWork. .............................. ............................................................................. z
MethodnCPayment .................................................................................................. 3
Disposition ofPlans, Estimates and Other Documents ........................................... 9
HoldHarmless —..—...—,--.....—.--.---.,...........—..,...--..]
Professional Liability Insurance ...................... ............................................ ......... i
Certificateofbnsurmnen.................................... ...... ..................... ................ ...... )
IndependentCoctrookx....... ....................... ... ....................................................... o
Termination ofAgreement ................................................................................. ..h
Assignmentand Dclegudou................................................................................ ~..6
Copyrights/Patents ....... '~'^--^'—^^—^~^^...................................................... '
CityEmployees and Officials .................................................................................. ?
Notices.......................... ............................................... .............. 7
Consent....................................................................... ............................................ 8
Modification............................................... ............................................................. u
0oobon Headings —'--~----...—,.._—..~--.....'....—~.~.,.--.A
Interpretation of this Agreement ...... ......................... —................ ...................... �8
DuplicateOriginal ^^^'^^'—'—^'^~---^^^^'~'^^~^'—'^~^^'—~—'---'`~
Immigration............................................................................................................... V
Legal Services Subcontracting Prohibited ............................... .......... ...... ............ 9
Fees......................................................... ............................................. ... lO
Survival................................................................................ .................................. .1O
GoverningLaw ................... ................................................................................. lO
}O
Signatories .................................................................................................................
l0
Bu�ro�'—.'—.—`^.^~^'~^~'--~`^^~~--~—~'—'`--^,—^^^—^~—^^—'
(41
Eghibit "B"
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the
following hourly rare and cost schedule;
Fire Plan Check Fee Schedule
Plan Review for Individual Projects
Hourly Rate
Fire Plans Examiner
$115
Fire Inspector
$85
Schedule of Rates for Additional Professional Services
Billing Title Hourly Billing Rates
Building Official
$120
Deputy Building
Official
$100
Senior Inspector
$75
Building Inspector
$65
Plan Check Engineer
I I
$120
Plan Check Engineer
1
$100
Certified Plans
Examiner
$85
Permit Technician
$60
Administrative Staff
$50
�1
A�OflD® CERTIFICATE OF LIABILITY 1WS1 IR®Nr ;= DATaMi3012012 m
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 be endorsed: If SUBROGATION IS WAIVED, subject to
the terms and Conditions of the policy, certain Policies may require an endorsement, A statement on thls certl0cate does not confer rights to the
certificate holder In lieu of such endorsement(s),
PROOUCER
ADD Risk services Northeast, Inc.
Parsippany N3 Office
P.O. 10 oCenter West
Box 608 -
Parsippahy N7 07054-0608 USA
CONTACT
NAME;
PHONE
En: (866) 283-7122 ao (847) 953-5390
EMAIL
ADDRESS;
INSURERiS) AFFORDING COVERAGE
NAIC D
INSURED
Bureau Veri tas North America, Inc.
180 Promenade circle, suite 150
Sacramento CA 95834 USA
INSURER A. Lexington Insurance Company
119437
INSURER B: National union Fire ins co of Pittsburgh
19445
wsuReRc: Granite State Insurance Company
23809
::J
INSURER O: Commerce & Industry ins Co
19410
INSURERE: Insurance company of the State Of PA
19429
CnVFRdf.FC
IWSUAER F:
IBC V IJIUI4 IVUIVlL7t PC
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HABEEN ISSUED TO THE INSURED NAMED
VE
ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT
WITH RESPECT
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN
TO WHICH THIS
IS SUBJECT
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
TO ALL THE TERMS,
Llrnits shown
SRFIVPEOF O
are as requested
INSURANCE S R POL C FF POL C E P
L7RINSRWVO POLICY NUMBER MMIOD MWDD LIMITS
B
GL5076409 0 1 2 12 04 Ol 3 EACHOCCURREHCE
51,000,000
GENERALLIABILITY 0 EO R DSl,000,000
PREMISES aaeurrence & OCCUR
MEO EXP men. Perscn)
S25,000
PERSONAL& AOV INJURY
S1,000,000
GENERAL AGGREGATE
S2,000,000
GEN•L AGGREGATE LIMB APPLIES PER: PRODUCTS-COMPIOP AGG
S2,000,000
POLICY . X PR6 X LOC
B
AUTOMOBILE
LIABILITY
CA 3377177
04/01 2012
04/01/2013
COMBINED SINGLE LIMIT
C
CA 3377173
04/02/2012
04/01/2013
aaccNenl
S1,000,000
X
ANY AUTO
BODILY INJURY (Per Person)
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Pe, aerldenl 1
HIRED AUTOS NON -OWNED
PROPERTY DAMAGE
AUTOS
IPer acddenll
D
X
UMBRELLA UAB
X
OCCUR
RE15434257
04/O1/2012
04/01/2013
EACH OCCURRENCE
S5,000,000
EXCESS LLIB
CLAIMS•MAOE
SIR applies per policy tens
& condi
ions
AGGREGATE
55,000,000
ED X RE7EHTIONS10,000
E
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
wc025842303
04 01/2012
04/01/2013
WC STAID.
X
g
ANY PROFRIETOR/PARTNER/E71ECUTLE YIN
OFFICERMEIABER EXCLUDED? -4
NIA
wCO25842304
04/01/2012
04/01/2013
TORYLIMQ ER
E.L. EACH ACCIDENT
S1, 000, 000
IMandamry 1n NIi)
Ifyas, describe under
DESCRIPTION
E.L. DISEASE -EA EMPLOYEE
S1,000,0(30
EL. DISEASE -POLICY LIMIT
S1,000,006
A
OF OPERATIONS below
Archit&Eng PCOf
026030221
12/15/2011
01/01/2013
Each Clam
51,000,000
Deductible
510,000
•
Aggregate
S1,000,000
DESCRIPTION OF OPERA71ON5 /LOCATIONS / VEHICLES (Allach ACORD 11I1, Addlllanal Remarks schedu(e, U ma re space Is required)
RE: Plan Review Services. The ATChitacT5 & Engineers policy includes coverage for Professional Liability and Contractors
Pollution Liability.
CERTIFICATE HOLDER CANCELLATIr)M 71:4
City of Huntington Reach
2000 Main Street
Attn: Risk Manager
Huntington Beach CA 92648 USA
SHOULD ANY OF THE ABOVE OeSCRIBEn POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
REPRESENTATIVE
61988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD
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