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HomeMy WebLinkAboutCSG Consultants, Inc. - 2011-07-05Council/Agency Meeting Held:_ 1 Deferred/Continued to: AApp6veA ❑ Conditionally Approved ❑ Denied I r �� C Cs Sig ure Council Meeting Date: July 5, 2011 Department ID Number: PL 11-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve and authorize execution of a Professional Services Contract with CSG Consultants, Inc. to provide Professional Plan Review Services Statement of Issue: Transmitted for City Council's consideration is a request to enter into a Professional Services Contract with CSG Consultants, Inc. to provide professional plan review services. Financial Impact: An appropriation of $300,000 from the General Fund to the Planning Department Professional Services Account, 10060501.69365 is required. These funds will be offset by the salary savings from (2) current vacant positions: Permit & Plan Check Manager and Plan Check Engineer. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute a Two Year (2) Professional Services Contract for Plan Review Services not to exceed Three Hundred Thousand Dollars ($300,000), as prepared by the City Attorney, between the City and CSG Consultants, !nc. Alternative Action(s): The City Council may make the following motions: "Deny the Professional Services Contracts between the City and CSG Consultants, Inc." 2. "Continue the item and direct staff accordingly." 1113 -2")s- Item 12. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/5/2011 DEPARTMENT ID NUMBER: PL 11-09 Analysis: The Building Division staffs the building counter, performs health and safety plan reviews and provides customer friendly inspection services for our community. The applicants who submit projects to the City pay fees for these services and expect reasonable service levels. With the departure of the Permit & Plan Check Manager in September 2010, and the departure of the Plan Check Engineer in February 2011, there is no staff to perform structural building plan checks nor is there a licensed professional engineer on staff. Staff has not filled the vacant positions, therefore we are compelled to use outside consultants. At the same time, we have seen an increase in activity as we enter into the summer season. This increase in activity is primarily due to residential projects and large commercial projects in redevelopment areas. We have been utilizing contract services from CSG to satisfy the increase in demand for plan review services. CSG Consultants, Inc. is well respected in the industry and continues to provide exceptional services for the City of Huntington Beach. CSG also works exclusively for government agencies, thus they avoid having any conflict of interest with private developers. As in the past, the cost for providing the plan review services is calculated as a percentage of the fees we collect. The percentages that most firms charge varies from 49% to 60% of the building permit fee. Attachment No. 3 summarizes the three (3) proposals for this service and CSG is the least expensive of the three firms. Staff recommends the City Council approve the contract with CSG Consultants, Inc., in the amount of $300,000 and authorize the Mayor and city Clerk to execute the documents. Environmental Status: NA Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): Item 12. - 2 1113 -G;6- __ :. _ T . ��� } _ � j i -, .... ,. i >, , ..; , 9 t - - S PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HtUNTINGTON BEACH AND 0SA eoktsv110 u41 . .-rae. FOR Re Vi ow pp 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 e 541 Q �a li �J� �'�/Q �� �pd ✓'6 hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to YC 0 M A`t Ye v! av S ro GeS : and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates 46,4 Alp who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional Svcs mayor 1 of 11 12/07 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 on20 11 (the "Commencement Date"). This f Wo 2. Agreement shall automatically terminate ,;(j years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" j shall be completed no later than 7! 1/tq �j®� �t�p 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 "1B," which is attached hereto and incorporatedby reference into this ssAgreement, a fee, including all costs and expenses, not to exceed 6Vtt Ai/ Ya #011 44/Dollars 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 agree/ surfnet/professional svcs mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/ surfnet/professional svcs mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/ surfnet/professional Svcs mayor 4 of 11 12/07 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 hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/ surfnet/professional svcs mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/ surfnet/professional svcs mayor 6 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Be ATTN: Ste► �5 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: eho A- jD 09 Co K v S � AO. When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/ surfnet/professional svcs mayor 7 of 11 12/07 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 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 agree/ surfnebprofessional sves mayor 8 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/ surfnet/professional svcs mayor 9 of 11 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/ surfnet/professional sves mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, SSG Comes- (TA t'�- ' rt'c COMPANY NAM By: UGS u S print name ITS: (circle o; e) Chairman/Presiden ice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California—,—,c INITIATED AND APPROVED: By: --2 - S irector/Chief print name ITS: (cir�cle o -e) Secretary/Chief Financial Officer/Asst. Secretary T' reasurer REVIE,44filA APPROVED: Cij,Jy /M4nager APPROVED AS TO FORM: C, city Attorney agree/ surfnet/professional svcs mayor 11 of 1 1 12/07 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF UNTINGTON BEACH AND 67 �"s t/ f I llvvlte!�' OR Table of Contents Scope of Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings..............................:......................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform traditional plan review of submitted plans to determine compliance with construction codes as adopted and amended by the City of Huntington Beach including: Building Code Plumbing Code Mechanical Code National Electric Code California State, Title 24 Noise Attenuation and local requirements Federal Flood Plan Regulations (FEMA) Huntington Beach Municipal Code B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. CSG shall pay all wages to its plan reviewers who are subject to this agreement. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City shall quality control calculations by CSG. D. WORK PROGRAM/PROJECT SCHEDULE: 1. City to provide plans for plan review on an as need basis. jmp/contracts group/exA/5/31/11 0 10 C. EXHIBIT "B" Payment Schedule (Hourly Payment) Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Plan Check Engineer $75.00 per hour Senior Plan Check Engineer $85.00 per hour Offsite Plan review Services 60% of the City's Plan Check Fee Collected Travel. Charges for time during travel are not reimbursable Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of Surfnet Exhibit B hourly performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B hourly 2 June 8t", 2011 Ms. Debra Gilbert Senior Administrative Analyst City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Plan Review Services Agreement Dear Ms. Gilbert, Enclosed you will find one signed copy of the Plan Review Services Agreement between the City of Huntington Beach and CSG Consultants, Inc. Upon your final signatures, please return a copy to our Administrative Coordinator, Nazaneen Ashrafi, for our files at your earliest convenience. We look forward to our continued successful collaboration between the City of Huntington Beach and ourselves. If you should have any further questions, please do not hesitate to contact us. Sincerely, Cyrus i npour, P.E., P.L.S Chief erating Officer cc: Project Files 1700 South Amphlett Boulevard, 3f° Floor; San Mateo, CA 94402 Phone: 650-522-2500; Fax: 650-522-2599 Email: csgstaff@csgengr.com; Online at www.csgwebsite.com May 17, 2011 Scott Hess, AICP Director of Planning and Building City of Huntington Beach 2000 Main Street 3rd Floor Huntington Beach, CA 92648 Re: Proposal for Onsite Building Plan Check Engineer and As Needed Offsite Plan Check Services Dear Mr. Hess, CSG Consultants, Inc. is pleased to present this proposal to provide an Onsite Building Plan Check Engineer Services and As Needed Offsite Plan Check Services to the City of Huntington Beach. Scope of Services CSG will provide an onsite Building Plan Check Engineer and As Needed Offsite Plan Check Services for the City of Huntington Beach. CSG's plan review staff will review plans for compliance with all policy and model codes adopted by the State. All documents will be carefully reviewed for compliance with building codes, fire codes, energy conservation standards, State Accessibility regulations, and local ordinances. Proposed Staff & Availability Khoa Duong, P.E. — Senior Plan Check Engineer Ritchie Kato, S.E. — Senior Plan Check Engineer Fees Plan Check Engineer $75.00 per hour Senior Plan Check Engineer $85.00 per hour CSG's plan review staff will provide as needed offsite plan review services at the following rate: Plan Review 60% of the City's Plan Check Fee We look forward to providing these services to the City of Huntington Beach. Should you have any questions regarding this proposal please contact me directly at 714-872-6123. Sincerely, Khoa Duong, P.E. Building Department Manager, Southern California 801 Park Center Drive, #230, Santa Ana, CA 92705 Phone: 714-568-1010; Fax: 714-568-1028 Email: csgstaff@csgengr.com; Online at www.csgwebsite.com KHOA A. DUONG, P.E. Vice President, Southern California Building & Fire Life Safety LICENSES / CERTIFICATIONS Civil Engineer, State of California 43901 Certified Plans Examiner, [CC 0840436-B3 Certified CEC Non Residential NR05-94-5665 Certified CEC Residential R05-05-5055 EDUCATION Bachelor of Science, Civil Engineering - California Polytechnic State University, Pomona Mr. Duong serves as CSG's Building & Life Safety Manager and performs the key role of plan review quality control. With more than twenty five years of experience in building plan review, including onsite plan check engineer services, Khoa ensures that CSG's clients receive the highest quality plan review services. Prior to joining CSG, Mr. Duong worked in both the public and private sectors. His experience includes the following: • Vice President in charge of plan review for Berryman & Henigar, where he worked for ten years. Supervising plan review engineer for Wildan, where he was responsible for the day-to- day operations of the plan review section in the San Bernardino office and served as plan review engineer for numerous cities and counties throughout California and Nevada. • Plan review engineer with the City of San Diego Building Department. Mr. Duong's expertise includes review of complex commercial, industrial and residential structures for compliance with applicable building codes and ordinances, engineering standards and specifications, supplemental energy requirements, and ADA regulations. The following reflects a portion of Khoa's relevant experience: Plan Check Engineer/Building Official/Permit Technician, Cities of Laguna Hills, Laguna Niguel, and Rancho Santa Margarita, CA. Khoa's responsibilities included a wide range of building administration services; including but not limited to: building oficial, plan check engineer, permit technician and inspection services. Mr. Duong also assisted in the entire development review process; responsible for the collection of permit fees and deposits, permit issuance, reporting, and file maintenance performed by qualified personnel. Supervising Plan Check Engineer, Various California Cities. Khoa provided plan check oversight for over 40 jurisdiction, including the Cities of San Bruno, South San Francisco, Pomona, Fontana, Simi Valley, Mission Viejo, Garden Grove, Redondo Beach, Hermosa Beach, Buena Park, Santa Ana, Indian Wells, Loma Linda, Ontario, Colton, and San Bernardino, as well asthe Counties of San Bernardino, Los Angeles and San Diego. In addition, Khoa managed plan check engineers and oversaw the day-to-day operations of the building department. He also served as engineer for plan check services, performing paper and electronic structural plan check and non-structural MEP, energy, and ADA reviews for commercial, industrial, and residential structures. Plan Check Engineer, Various California Cities. Khoa served as Plan Check Engineer for the Cities of Turlock, Burlingame, Rancho Cordova, Chino, Murrieta, and Costa Mesa. Mr. Duong performed structural plan check and non-structural MEP, energy, as well as ADA reviews for commercial, industrial, and residential structures. In -House Plan Check Engineer, Various California Cities. Khoa served as an In -House Plan Check Engineer for the Cities of Orange, Fullerton, Yorba Linda, Tustin, Westminster, and La Habra, performing structural plan check and non-structural MEP, energy, and ADA reviews. He interfaced with developers, architects, and engineers. RITCHIE KATO, P.E., S.E. Building Official / Plan Review Engineer REGISTRATION Structural Engineer, State of California SE2650 Civil Engineer, State of California C31833 CASp-272 EDUCATION Master of Science in Structural Engineering - Stanford University Bachelor of Science in Civil Engineering - California Polytechnic State University, Pomona Mr. Kato is a Structural Engineer and Building Official for CSG Consultants, Inc. His extensive experience in performing plan review on public, commercial, industrial, and residential structures provides CSG's clients with premiere quality plan review services. His expertise includes structural design and plan review for compliance with applicable UBC, UPC, UMC, NEC, California amendments, accessibility, energy requirements, and state handicapped regulations. Prior to his employment with CSG, Mr. Kato was the Principal for Kato Engineering, where he performed structural engineering consulting services for public and private clients. He was responsible for structural design and structural plan reviewing for a full spectrum of building types and occupancies. His employment with the City of Westminster provided him with extensive plan review experience. Mr. Kato reviewed plans for compliance with all relevant state and local codes. Subsequent to his work with the City of Westminster as a plan review engineer, Mr. Kato was commissioned by the City to update the municipal code to correspond to current California code requirements. Mr. Kato has performed plan review for the Westminster Town Hall and Police Station, Laguna Hills High School, Chapman University, Whittier Christian High School, and the City of Orange, Main Public Library. His extensive knowledge of public buildings and his commitment to timeliness and quality contribute greatly to each jurisdiction he serves. Mr. Kato was commissioned as full-time Building Official for the City of La Habra. Recommended by the City of Orange, Mr. Kato assisted the City of La Habra's Building Department during their period of transition, supervising and managing plan review, inspection and counter staff, coordinating the various building departments, and managing personnel issues. Additionally, Mr. Kato coordinated City and private projects with the building, planning, engineering, and public works departments, worked to update the City's municipal code, and provide feedback to facilitate development of efficient departmental practices and procedures. Mr. Kato has the expertise and broad experience necessary to effectively coordinate, foster, and help develop all aspects of a municipal building department. EA 9 1W 91 55 0 P M n 3 r 7z aj C LAM NGUYEN, P.E. Plan Review Engineer y 91 91 LICENSES / CERTIFICATIONS91 Civil Engineer, State of California C36957 r- 2 EDUCATION Masters of Science, Civil Engineering - Karlsruhe State University, West Germany o Graduate Classes in Structural Design & Analysis - California State University Long Beach rD Mr. Nguyen provides CSG and our clients with over two decades of professional experience in the building industry. Lam's demonstrated knowledge of both the California and International Building Codes are reflected in his roles as a Principal and Senior Engineer in both the public and private sector. Mr. Nguyen has experience in all forms of building construction; including complex commercial structures for code compliance and safety. Lam serves as a Plan Review Engineer in CSG's plan check division; reviewing a wide variety of projects throughout California. Prior to joining CSG, Mr. Nguyen served as a Principal Engineer for the firm Universal Engineer in Irvine. In this capacity, Lam provided design services for all manner of construction; including swimming pools and retaining walls. His experience as Senior Plan Check Engineer with VCA Code Group in Orange, included plan checking commercial and residential construction for code compliance. As a Designer with ITT Grinnell, based in Huntington Beach, Lam was responsible for design of pipe hangers and support for nuclear power plants. Mr. Nguyen's public sector experience includes working as a Senior Plan Check Engineer for the City of Irvine, as well as serving as Associate Engineer for the County of San Diego. Mr. Nguyen's expertise includes the design and plan review of complex commercial, industrial, and residential structures. INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION 1. Requested by: Planning and Building 2. Date: June 29, 2011 3. Name of contractor/permittee: CSG Consultants, Inc. 4. Description of work to be performed: Professional Plan Review services 5. Value and length of contract: $300, 000; 7/11 /11 through 6/30/13 6. Waiver/modification request: $50,000 SIR on professional liability 7. Reason for request and' why it should be granted: Unable to comply with requirements, see attached financials. 8. Identify the risks to the City in approving this waiver/modification: N/A Alll� 6 5 ,?Z1 t Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval froAn the City Administrator's Office is only required if Risk Manage men d e City Attorneys ce disagree. 1. Ri k Management l Y Approved ❑ Denied Signature Date 2. A ,)ty Attorney's Office / Approved ❑ Denied Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form 6/29/2011 8:00:00 AM OP ID: ABBE ^ - "r CERTIFICATE OF LIABILITY INSURANCE DATE0 12lYYYY► 6/2818/11 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 this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Gallagher Tarantino 1 Market St., Spear Tower #200 San Francisco, CA 94105 Don Tarantino --........_ ..._._ ..._ ___..._.__.____—__..___.._....._...._._._... CONTACT N.Don Tarantino PHONE FA _EAe 1C. No, Ere' 415-536-8617 _ _ I No ; 415-536-662T —_— -ADDRESS: don tarantino@?ajg.com _.._ — PRODUCER CSGCO-1 CUSTOMER IO B: INSURER9 AFFORDING COVERAGE_ —.-._ _ NAIC!I INSURED CSG Consultants, Inc. 1700 S Amphlett Blvd 3rd Fir San Mateo, CA 94402 INSURER A: TRAVELERS PROP CAS CO OF AMER INSURERS:ACE AMERICAN INSURANCE COMPANY — INSURER c:SENTINEL INSURANCE LTD _COMPANY INSURER O:AXIS SURPLUS INSURER E : _ ENSURER P ; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE li6ri! 3`U - —..-•---- POLICY NUMBER _.�.- M6EICY Fr - -MMlDD --. _....._ LIMITS - �- A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIM"ADE y� OCCUR X 600294MO850 12104/10 12/04/11 EACH OCCURRENCE $ 2,000,00 Maoocurrencs $ 9,000,00 N ED EXP Any one parson) $ 10,00 PERSONAL & ADV INJURY $ 2,000,0011 B X E&O _— EONG21680072006 12104/10 12/04/11 X $SDK SIR GENERAL AGGREGATE _ s� 4,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Y POLICY PRO- JECTX LOC E&O _4,000,00 $ $3111 A AUTOMOBILE X LIABILITY ANY AUTO X BA461 M7612 12/04/10 12/04/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per parson) S X ALL OWNED AUTOS SCHEUULEP AUTOS HIRED AUTOS A 91FER AS TO F /� i/ BODII.Y INJURY (Par accident) .................._...,........_.__......._._._........._. PROPERTY DAMAGE (Peracx:idant) $ _.._ $ X NON -OWNED AUTOS M�GRATH, Ci A2t0_^--- $ X UMBRELLA UAB X OCCUR ( EACH OCCURRENCE $ 3,000,00 AGGREGATE -� $ 3,000,00 A EXCESS LIAB CLAIMS -MADE CUP294M1060 12104/10 12104M I -- DEDUCTIBLE Following $ RETENTION $ 1FOrM $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOMPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUD {Mandatory In NH) NIA X 51WELS2852 12/04110 12104/11 X , WC STATU- OTH- E.L. EACH ACCIDENT $$ 1,000,00 ------ -- E.L. DISEASE - EA EMPLOYCEI -- $ T 1,000,00 Ifyes,clascriboundar DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 1,000,00 D rech E&O ECNOOOOI0291001 12104/10 12/04111 Ea Act 1,00D,00 Palms -Made RETRO-DATE 12/04104 I Retention 16,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Addlllonal Remarks Schodura, It more apace Is required) Blanket Work Comp waiver of subrogation applies. All operations of the Named Insured, the City of Huntington Beach, its officers elected or appointed officials employees, agents and volunteers are additional Insured per attachet� endorsement lonn CG D3 82 09 07-Additional Insured(Architects, En-gineers,and Insurance endorsement form CGD0370406 CITYHUN City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. Ail rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks Of ACORD ®pii��O {{ /1�*��pCCU►®w HOLDER CODE CITYHUN CSGCO-'I PAGE ENSURED-S NAME CSG Consultants, inc. OP 10: ABRE DATE O6128111 The Cil of HIntington Beach, Its officers, elected or app4�nted^ official em o ees agants and v lunteers are additiona insured wi 8ATN' ko A it yLiability per Auto 1 overage Plus Endorsement form AFO CSG CONSULTANTS, INC. CONSOLIDATED FINANCIAL STATEMENTS CECEMBER 31, 2010 and 2009 CONTENTS Consolidated Balance Sheets Scha&da Consolidated Statements of Income and Retained Earnings_—, ...... I ....... 2 Consolidated Statements of Cash Flows 3 .................... .......... I........................... Consolidating Balance Sheet................................................................................9 Consolidating Statement of Income and Retained Earnings .............. 10 Consolidating Statement of Cash Flows...........................................................11 Bores Private Bank & Trust Financial Covenants 12 CSG Consultants, Inc. Consolidated Balance Sheets December 39 2010 zoos ASSETS Current assets Cash and equivalents $ 600,463 $ 1,550,518 Accounts receivable, net of allowance for doubtful accounts 1,52.3,312 1,149,859 Unbilled accounts receivable 789,018 683,685 lnsutanc e claim receiva ble 531,250 - Prepaid expenses 265,978 1.24,855 Total current assets 3,710,041 3,508,917 Property and equipment Computer and operations equipment 608,036 612,993 Furniture and fixtures 409,648 408,1.07 Vehicles 756,945 756,618 Leasehold improvements 1.7,550 17,549 1,792,1.79 1,795,267 Less: accumulated depreciation and amortization (1,421,939) (1,322,247) Net property and equipment 170,240 473,020 Software and licenses, net of accumulated amortization 61,611 1.03,067 Deposits and other'-141,114 102,434 $ 4,283015 $ 4,1.87,438 LIABILITIES AND SHAREOWNERS' EQUITY Current liabilities Accoun.ls payable $ 54,205 $ 143,411 Accrued liabilities 1,570,623 748,923 Deferred income and deposits - 2,163 Borrowings under line of credit - - Notes payable 311,246 262,520 Total current liabilities 1,936,134 1,157,017 Notes payable 131,525 366,391 Due to sluireowners 12,035 Shareow ers' equity Common shock, no par value;1,000,00t1 shares authorized; 11.0,602 shares issued and outstanding 362,61.5 390,041, Additional paid -in capital 672,508 914,399 Notes receivable from shareowners (88,688) (1,81,022) Currency translation adjustments, net 5,381 (8,662) Retained earnings 1.,263,540 1,537,239 Total shneowneis' equity 2,215,356 2,651,995 $ 4,283,015 $ 4,187,4.38 See secompmiyhig uetcs fn eairsntiefaled fi�inucial skrh uenfs CSG Consultants, Inc. Consolidated Statements of Income and Shareowners' Equity Years ended Ncember 31 2010 2009 Revenue Staff augmentation $ 5,574,807 $ 5,{719,786 Eny7_ineeriny.. 3,089.806 $ 3,223.902 -_ � L r }r - - �: Contract # PLN 01101200 List of Solicited Vendors - Plan Checl?ing Services On Site Plan Off Site Plan Review Services Review Services Buster School, CBO Charles Abbott Associates Inc. $125/hour 70% Bldg Plan 27401 Los Altos # 220 Cl2 Fee Collected Mission Viejo, CA 92691-6316 (949) 367-2850 Scott Fazehas Scott Fazelzas & Associates No Bid 75% Bldg Plan 9 Corporate Park #200 Ch Fee Collected Irvine, CA 92606-5173 (949) 475-2901 Khoa Duong, P.E. $85/hour 60% Bldg Plan CSG Consultants, Inc. CIS Fee Collected 801 Park Center Drvie, #230 Santa Ana, CA 92706 (714) 888-1070 I I _261 - Item 12. - 27 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk July 6, 2011 Khoa Duong CSG Consultants, Inc. 801 Park Center Dr., #230 Santa Ana, CA 92705 Dear Ms. Duong: Enclosed for your records is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc. for Plan Review Services. Sincerely, (?0,4j Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:f611owup:agrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand