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HomeMy WebLinkAboutCSG Consultants, Inc. - 2015-07-06Dept ID CD 16-005 Page 1 of 2 Meeting Date 6/6/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/6/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve and authorize execution of Amendment No 1 with CSG Consultants, Inc for Building Staffing Services in the amount of $500,000 for a total contract amount not to exceed $800,000, and, approve the increase in the Community Development Department's Professional Services listing authority by $500,000 Statement of Issue Transmitted for City Council's consideration is a request to amend an existing contract between the City and CSG Consultants, Inc The contract for Building Staffing Services would be increased by $500,000 through the end of Fiscal Year 2017/18 The contract amendment is needed to continue to provide building inspections services Financial Impact The CSG Consultants' contract amendment will not require additional appropriation as it will be funded from projected salary savings of $157,000 in account 10060501 51110 and available funds of $127,275 in Community Development Fiscal Year 2015/2016 (FY 15/16) approved budget, account 10060401 69365 Year two, FY16/17 - $150,000 will be funded from FY16/17 Community Development Department budget Year three, FY17/18 - $65,725 will be funded from the FY17/18 budget Recommended Action A) Approve the increase in the Community Development Department's professional services listing authority by $500,000 for Building Staffing Services to ensure compliance with Administrative Regulation Number 228, Section 7 1, and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No 1 to Agreement Between the City of Huntington Beach and CSG Consultants, Inc for Building Staffing Services," as prepared and approved by the City Attorney (Attachment No 1) Alternative Action(s) 1 Deny the Amendment between the City and CSG Consultants, Inc 2 Continue the item and direct staff accordingly Analysis Professional services contracts are frequently used to hire additional building inspectors as the need arises Since 2008, the Building Division has had a base of nine permanent Building Inspectors Prior to 2008, there were 12 permanent Building Inspectors Based on the economy and the volume of work since 2010, the Building Division made an organizational decision to use contract Building Inspectors instead of hiring permanent Building Inspectors On all projects (large Item 7. - I HB -196- Dept ID CD 16-005 Page 2 of 2 Meeting Date 6/6/2016 and small), applicants pay building Inspection fees at permit Issuance Inspection requests for a project can last 12-24 months after building permit fees have been paid With the Increase in building activity over the last 12 months, Staff could not maintain normal levels of service for inspection requests Historically, the City's standard for providing inspection service for an inspection request has been within 48 hours In November and December of 2015, the wait -period for an inspection increased to almost two weeks This had a direct negative impact on all current projects, from small home additions and new residential homes, to large development projects where the City has collected substantial building fees By not providing the additional contract building inspection staff, projects that have taken out a construction loan may pay additional interest costs per day These delays can result in a significant increase to the overall cost of a construction project In order to meet expected inspection demand, the Community Development Department is requesting the continuation of resources to provide building inspection services in a timely manner On July 6, 2015, and after a Request for Proposal process, the City of Huntington Beach approved a three-year, $300,000 contract with CSG Consultants, Inc for Building Staffing Services (Building Inspectors) The original contract was funded with $150,000 of salary savings from fiscal 14/15 year end, $90,000 from the FY 14/15 approved budget, and $60,000 from the FY15/16 approved budget Since the approval of this contract, all funds have been expended for inspectors due to the issuance of building permits for five significant projects Avalon, Senior Center, Pasea Hotel, Pacific City Retail, and Tri-Pointe Homes As a result there is a need to increase the funding for this contract due to the issuance of building permits at Hilton Hotel Tower Expansion, Pacific City Residential, and Monogram Apartments This will enable the department to meet the historical City standard for providing inspection services Environmental Status The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act Strategic Plan Goal Enhance and Maintain City Service Delivery Attachments) 1 "Amendment No 1 to Agreement Between the City of Huntington Beach and CSG Consultants, Inc for Building Staffing Services" 2 Original Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc for Building Staffing Services 3 Insurance Certificate 4 CSG Consultants, Inc Huntington Beach Business License HB -197- Item 7• - 2 :�..� _i . �� = -. L - x s� � /.-: AMENDMENT NO 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC FOR BUILDING STAFFING 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 CSG Consultants, Inc , a California corporation. hereinafter referred to as "CONSULTANT"' WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated July 6, 2015, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC FOR BUILDING STAFF 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 by CITY to CONSULTANT, 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 counter services and field inspections of construction projects 2 ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described in Section 1 above, CITY agrees to pay CONSULTANT. and CONSULTANT agrees to accept from CITY as full payment for services rendered. an additional sum of Five Hundred Thousand Dollars ($500,000 00), for a total not to exceed amount of Eight Hundred Thousand Dollars ($800,000 00) 3 REAFFIRMATION Except as specifically modified herein. all other terms and conditions of the Original Agreement shall remain in full force and effect 16-5141/133297 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers CONSULTANT, CSG CON UL ANTS. INC By U p int name ITS (circle one) Chairmand2dj>fice President AND By _ Q�� KtAOA MVORc-r print name ITS (Circle one) SecretarylQuef Financial Officer/Asst Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor L4�;� 7 (/fit City Clerk l ry � A INIT;IA ANDAPPROVED APPROVED AS TO -FORM City'Xttomey 1)1(0 )1kk\ 16-5141/133297 2 � J - PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR BUILDING STAFFING 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 CSG Consultants, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform counter services and field inspections; 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 Exhibit A who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. —CITY STAFF -ASSISTANCE— — - CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. Item 7. - 5 urfner/professional Svcs mayor I of HB -200- L W i /. 3. TERM; TDAE OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on _ (,LL„!� o r , 20/5'^(the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 45 days 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 Three Hundred Thousand Dollars ($300,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnedprofessional svcs mayor 2 of HB -201- Item 7. — 6 10/12 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) arismg out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and fiuuish 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 Item 7. - 7 arfnet/g fessmnal sys mayor 3 Of HB _202_ 10/12 ($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 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: agree/ surfnedprofessional sues mayor 4 of xB -203- Item 7. - ° 10/l2 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 fiom CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall Item 7. - 9 wfnet/professional sves mayor 5 Of HB -204- IV,1z 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. 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 agree/ surfnedprofessional svos mayor 6 of -HB -205- Item 7. - 10 10/12 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: TO CONSULTANT: City of Huntington Beach Khoa Duong ATTN: Scott Hess 2000 Main Street CSG Consultants, Inc. Huntington Beach, CA 92648 801 Park Center Dr. #230 Santa Ana, CA 92705 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be Item 7. - 1 1 -fnet/professional svcs mayor 7 of HB -206- .u,l 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 contu y to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional svcs mayor 8 of 'H 10/12 B -207- Item 7. - 12 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 parry shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Item 7. - 13 rfnelprAwonal svcs mayor 9 of ' ' HB -208- Agreement, and that that parry 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. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional sves mayor 10 of , , 10/12 HB -209- Item 7. - 14 CONSULTANT, CSG Consultants, Inc. COMPANY NAME By: prin name ITS: (circle one) Chanm P�ice President By: kNDA i>uor-tta�: print name ITS: (circle Secretary/Chief Financial Officer/Asst Secretary -Treasurer Planning sRd Btiildi$g WATIflo-11 Item 7. — 15 rinet/professwal sves mayor I 1 O-F 1 HB -210- EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1. Perform counter services and field inspections of construction projects to ensure that the contractor or homeowner properly follow the approved construction plans and standards in accordance with the adopted building codes, B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. CSG Consultants, Inc. to maintain daily inspection records and all necessary documents on file and available to the City. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City shall provide the workplace for all employees in strict compliance with applicable health and working standards and specifications. 2. City shall comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements. 3. City shall take all actions necessary to establish and implement an injury and illness prevention program as required by the Occupational Injury Program Act. 4. City shall post or provide employee notices as required by law. 5. City shall notify CSG immediately of all employee illnesses, accidents, injuries, and absences. D. WORK PROGRAM/PROJECT SCHEDULE: N/A Ex HB -211- Item 7. - 16 EXHIBIT "B" Payment Schedule (Hourly Payment) A Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Building Inspector I Building Inspector II Permit Technician Overtime $55.00/hour $65.00/hour $35-$55/hour 1.5x Hourly Rate B. Travel Charges for time during travel are not reimbursable. C. Billing, 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement, and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is _—making_-satisfactor_y—Mgress_to_ward_completion of Auks-in-accor_dan-ce—witlLthis 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 Item 7. - 17 1 HB -212- 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 FHB -2131- Item 7. - 18 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. Item 7. - 19 E HB -214- Compensation CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. CSG will mail an Invoice at the beginning of every month for services rendered during the previous month. CSG has sufficient staffing to provide for coverage in the event of illness or during vacations. Fee Structure for Personnel Building Inspector I Building Inspector it Permit Technician Overtime (*) Rate depends on experience of requested staff member. $55 $65 $35 - $55* 1.5 x Hourly Rate All hourly rates Include overhead costs Including, but not limited to, salarles, benefits, Workers Compensation Insurance, office expenses, etc. Should the scope of work change or circumstances develop which necessitate special handling, we will notify the City prior to proceeding. Annual adjustments may be made bymutual agreement based upon current CPI. HB -215- Item 7. - 20 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR BUILDING STAFFING SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance...........................................................:....................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment.................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance................................................................ 4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration............................................................................. . ...........................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety...................................................................................................................10 29 Effective Date.................................................................................11 Item 7. - 21 HB -216- Vendors Response List to UP -Building Staffing Services Interwest Consulting Group Bureau Veritas North America Inc. JAS Pacific CSG Consulting, Inc. Anderson-Penna HB Staffing Civil Source TGC HB -21 7- Item 7. - 22 TA M Lmwm N mNBmm a ff %dg3ft CERTIFICATE OF LIABILITY INSURANCE DATE(MM/I?DlYYYY) 12/3/2015 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 poticy(les) 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 endorsement(s) PRODUCER CONTACT Arthur J Gallagher & Co Insurance Brokers of CA, Inc LIC #0726293 1255 Battery Street, Suite 450 PNON£ 415-536-8617 FAX 415-536-8627 E-MAIL INSURE S AFFORDING COVERAGE NAIC N San Francisco CA 94111 INSURER A Arch Insurance Company 11160 INSURED CSGCONS-01 INSURER B ^ INSURER C CSG Consultants, Inc, Precision inspection 550 Pilgrim Drive Foster City, CA 94404 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 387249536 REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL u v _ _ POLICY EFF POLICY EXP LTR INSD WVD POLICYNUMBER T MMtDOtYYY1 MM10 LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ CLAIMS MADE F—I OCCUR QAMAGE TO RENTED PREMISES Caocoxrence S MED EXP (Arrr one person $ PERSONAL s ADV INJURY S APPROVED �+ �y $ TO FORM GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE s PRODUCTS - COMPIOP AGG S POLICY ❑ jECOT- LOC l $ OTFER AUTOMOBILE LIABILITY ANY AUTO ALL OWWEO SCHEDULED AUTOS AUTOS HIREDAUTOS AUTOS " r M Ili ��! Ea aaxdent LIMIT $ SOINLY INJURY (Per person) S �llvqAttO y BODILY INJURY (Per accident) S PROPERTY DAMAGE Peraccadwt S S UMBRELLA LIAR EACH OCCURRENCE 5 HOCCUH AGGREGATE S EXCESS LIAR CLAIMS MADE DED I RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' UABiUTY YIN-1 ANY PROPRIETORIPARTNERIEXECUTIVE STATUTE ER EL EACH ACC:OENT S E !_ DISEASE - EA EMPLOYEE S OFFICERiMEIABER EXCLUDED? ❑ (Mandatory in NHI NIA E L. DISEASE - POLICY LIMIT S It yes describe under DESCRIPTION OF OPERATIONS bekYN A Professional -labil ratio date 11111991 PAAEP0008600 1214/2015 12(412016 Each Claim $3,000,000 Aggregate $3,000,000 Deduct-iWe $10.000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) re All Operations of the Named Insured Certholder in full. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. 30 Day Notice of Cancellation on Professional per attached CFRTIFICATF HnL©ER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Bea& CA 92648 USA AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) Item 7. - 23 Q 1989-2014 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD 111131,11M.111 ATTACHMENT #4 City of Hunting Business License 714 536-5267 FAX 714 536-5934 Lori Ann Farrell Harrison Chief Financial Officer C S G CONSULTANTS INC 801 PARK CENTER DR #230 SANTAANA CA 92705 Dear Business Owner PO Box 190 Huntington Beach, CA 92648 Thank you for your payment Attached is your City of Huntington Beach Business License Please note that approximately one month prior to the license expiration date, you will be mailed a renewal notice for the coming year If for any reason your renewal notice does not arrive, you are still responsible to renew and pay your business license amount prior to the expiration date You will incur penalties if this payment is not received by the expiration date Please post the business license in public view If you do not transact business from a fixed location within the city, you must carry this license with you at all times Your business vehicle should also carry this license, and the license plate number of the vehicle(s), if applicable, should match the one on the business license Please notify Business License if there are any changes of ownership, address, business name, business vehicle, or type of business conducted Additionally, please notify the city if you discontinue your business If your business is operated in a commercial, retail, or industrial location, you will need to contact the Planning and Building Department regarding the requirement for a Certificate of Occupancy For additional questions or information on this matter call 714-536-5271 The Planning and Building Department is located on the 3rd floor of City Hall There are many resources available to our licensed business people We have listed a few that might be of interest and assistance to you City of Huntington Beach Economic Development Department - 714-536-5582 Huntington Beach Chamber of Commerce - 714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) - 714-550-7369 Fictitious Business Name Information - 714-834-2889 State Board of Equalization (seller's permit information) - 949-440-3473 If you have any questions, please call a Business License representative at 714-536-5267 City Of Huntington Beach Business License Business Name / Service Address C S G CONSULTANTS INC License Type Professional / Other Services Owner / Corporation C S G CONSULTANTS INC THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON -TRANSFERABLE RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE POS HB -219- ; \AEW License Number A239806 Effective Date 06/01/2016 Expiration Date 05/31/2017 Amount Paid $92 64 24 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 7, 2016 CSG Consultants, Inc ATTN Khoa Duong 801 Park Center Dr #230 Santa Ana, CA 92705 Dear Mr Duong Enclosed for your records is a copy of the "Amendment No 1 to Agreement Between the City of Huntington Beach and CSG Consultants, Inc for Building Staffing Services " Sincerely, Robin Estanislau, CIVIC City Clerk RE pe Enclosure Sister Cltles Anjo, Japan ♦ Waitakere, New Zealand Dept ID PL 15-010 Page 1 of 2 Meeting Date 7/6/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/6/2015 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 a Professional Services Contract with CSG Consultants, Inc in the amount of $300,000 for a three-year term to provide Building Staffing Services Statement of Issue Transmitted for City Council's consideration is a professional services agreement with CSG Consultants, Inc for Building Staffing Services Financial Impact Cost of $300,000 contract can be absorbed within the Planning and Building approved budget No appropriation needed The cost of the inspection services through this agreement is covered by the fees charged for development activity Recommended Action Approve and authorize the Mayor and City Clerk to execute a Three (3) Year "Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc for Building Staffing Services" in the amount of Three Hundred Thousand Dollars ($300,000), as prepared and approved by the City Attorney Alternative Action(s) 1 Deny the Agreement between the City and CSG Consultants, Inc 2 Continue the item and direct staff accordingly Analysis On June 18, 2012, the City of Huntington Beach approved a three-year, one hundred fifty thousand dollar ($150,000) contract with CSG Consultants, Inc for Building Staffing Services, specifically for inspection services Subsequently, the contract was amended to increase the limit of the contract not to exceed $300,000 That contract has expired and it is necessary to enter into a new contract in order to meet the expected demand for inspection services The Planning & Building Department has seen a substantial increase in development activity over the last three years and anticipates this increased activity to continue for the next twenty-four (24) months In the past six months, five large scale commercial and residential projects paid inspection fees for work that will continue throughout FY14/15 and into FY15/16 The demand for inspection services and the revenue generated from these projects and other upcoming projects support the request for the General Fund appropriation Item 8. - 1 1413 -360- Dept ID PL 15-010 Page 2 of 2 Meeting Date 7/6/2015 Consultant Selection Process Utilizing City procurement procedures, Staff solicited proposals for this project Eight bid responses were received In accordance with the City of Huntington Beach Municipal Code Section 3 03 "Professional Services," the Planning and Building Department established a review group to assess each submittal Each firm stated their level of expertise as outlined in the Request for Proposals Proposals were then evaluated and ranked by three (3) staff members within the Planning and Building Department and the Public Works Department The top firm CSG Consultants, Inc was selected CSG Consultants, Inc has supplied building staffing services to the City of Huntington Beach over the last three years, is well respected in the industry, and has a proven track record for providing exceptional services for the City of Huntington Beach CSG works exclusively for government agencies, thus they avoid having a conflict of interest with private developers Lastly, CSG was the least expensive, for the level of experience necessary to perform the scope of work, of the eight firms that responded 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 As stated in the Financial Impact section, the cost of the consultant inspection services is covered by the fees charged to developers upon project submittal The additional appropriation is required based solely on the amount of development activity projected to occur during the Fiscal Year Environmental Status The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act Strategic Plan Goal Improve the City's infrastructure Attachments) 1 Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc for Building Staffing Services 2 Insurance Certificates HB -36 1 - Item 8. - 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC FOR BUILDING STAFFING 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 CSG Consultants, Inc, a California Corporation hereinafter referred to as "CONSULTANT" WHEREAS, CITY desires to engage the services of a consultant to perform counter services and field inspections, 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 Exhibit A who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement agree/ surfnet/professional svcs mayor I Of 11 10/12 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on (,( L,.y , 20/r(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 45 days 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 Three Hundred Thousand Dollars ($300,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 2 of 11 10/12 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) ansing out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 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 agree/ surfnet/professional svcs mayor 3 of 11 10/12 ($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 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 agree/ surfnedprofessional svcs mayor 4 of 11 10/12 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 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 agree/ surfnet/professional Svcs mayor 5 of 11 10/12 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 heremabove. 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/professional svcs mayor 6 of 11 10/12 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 Scott Hess 2000 Main Street Huntington Beach, CA 92648 17. CONSENT When CITY's TO CONSULTANT: Khoa Duong CSG Consultants, Inc. 801 Park Center Dr #230 Santa Ana, CA 92705 consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be agree/ surf iedprofessional svcs mayor 7 of 11 10/12 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 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 agree/ surfnet/professional Svcs mayor 8 of 11 10/12 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. 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 herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied 1n this agree/ surfnet/professional svcs mayor 9 of 11 10/12 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. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers agree/ surfnet/professional svcs mayor 10 of 11 10/12 CONSULTANT, CSG Consultants, Inc COMPANY NAME By — r prmtname - ITS' (circle one) Chairm residen ice President D By �,"QA 3�uorlt2C: print name ITS. (circle Secretary/Chief Financial Officer/Asst Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporatio of State of California . i ,.v. plyJClerk • Ed C I : APPROVED City Attorney agree/ surfnet/professional Svcs mayor 11 Of 11 10/12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1 Perform counter services and field inspections of construction projects to ensure that the contractor or homeowner properly follow the approved construction plans and standards in accordance with the adopted building codes. B CONSULTANT'S DUTIES AND RESPONSIBILITIES. 1. CSG Consultants, Inc to maintain daily inspection records and all necessary documents on file and available to the City. C. CITY'S DUTIES AND RESPONSIBILITIES: 1 City shall provide the workplace for all employees in strict compliance with applicable health and working standards and specifications 2. City shall comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements. 3 City shall take all actions necessary to establish and implement an injury and illness prevention program as required by the Occupational Injury Program Act 4. City shall post or provide employee notices as required by law 5 City shall notify CSG immediately of all employee illnesses, accidents, injuries, and absences D WORK PROGRAMIPROJECT SCHEDULE N/A EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule Building Inspector I Building Inspector II Permit Technician Overtime $55 00/hour $65 00/hour $35-$55/hour 1.5x Hourly Rate B. Travel Charges for time during travel are not reimbursable C. Billing 1 All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2 Each month's bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the project. 3 A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion 4 CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall - A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due, D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought 1 Exhibit B 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 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I 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 Compensation CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below CSG will mail an invoice at the beginning of every month for services rendered during the previous month CSG has sufficient staffing to provide for coverage in the event of illness or during vacations Fee Structure for Personnel Building Inspector I Building Inspector II Permit Technician Overtime (*) Rate depends on experience of requested staff member $55 $65 $35 - $55*" 1 5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, office expenses, etc Should the scope of work change or circumstances develop which necessitate special handling, we will notify the City prior to proceeding Annual adjustments may be made by mutual agreement based upon current CPI PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC FOR BUILDING STAFFING SERVICES Table of Contents 1 Scope of Services. ........................... .............. ..... 1 2 City Staff Assistance ...................................... . ............................. 2 3 Term; Time of Performance . .. . ..... 2 4 Compensation .. .......................... ..................... .. 2 5 Extra Work... ..... .... .. .2 6 Method of Payment. .3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance . . ... .. . . . 4 10 Certificate of Insurance. 5 11 Independent Contractor... 6 12 Termination of Agreement ...... 6 13 Assignment and Delegation . ........................... .............................. ......... 6 14 Copyrights/Patents .. ....7 15 City Employees and Officials ...... 7 16 Notices ............. 7 17 Consent. ... .... 8 18 Modification 8 19 Section Headings ... .... . 8 20 Interpretation of this Agreement........ 8 21 Duplicate Original. ....9 22 Immigration ... 9 23 Legal Services Subcontracting Prohibited....... .. .... 9 24 Attorney's Fees ...... ............... 10 25 Survival ...................................... 10 26 Governing Law .... . .. ..... .. ..... ... .. . ..... . . 10 27 Signatories ... ...... .. ...... . . .. ..... .10 28 Entirety . ..................... .. .. .. . ......... . 10 29 Effective Date...... . . .. ... . . .. . ...11 Vendors Response List to UP -Building Staffing Services Interwest Consulting Group Bureau Veritas North America Inc JAS Pacific CSG Consulting, Inc Anderson-Penna HB Staffing Civil Source TG C CITY OF HUNTINGTON BEACH Professional Service Approval Form PART I RECEIVED Date 2/17/2015 Project Manager Name Mark Carnahan Requested by Name if different from Project Manager Debra Gilbert FEB 19 2015 Department Planning and Budding Finance Department PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement To provide professional services for Budding Inspection Services $85,000 of the initial first year request is budgetted in the FY 14/15 budget in 10060401 69365 Remainding $65,000 will be R-* Cr I I saving, vacant Inspection Manager position 2) Estimated cost of the services being sought $ 300,000 MAR 0 4 2015 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain Dept of Planning & Building 4) Check below how the services will be obtained ® A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ❑ MC 3 03 08(b) - Other Interagency Agreement procedure will be utilized ❑ MC 3 03 08 - Contract Limits of $30,000 or less exempt procedure will be utilized 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the an to this question is "No," the contract will require approval from the City Council ) ® YA ❑ No Fiscal nature (Purchasing Approval) 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Date Account number C ntractual Dollar Amount Business unit object# Fiscal Year - 1� i %5 a Fiscal Year %9W 5/l6 t'= Fiscal Year 10060401 69365 $150000 $150000 $ $ $ $ u get proval e MiLyriffiea Signatu (s� D of Fi anc ' Signature Assistant,City ger's Signature APPROVED DENg Signature professional service aPooval form - part i inspection docc REV February 2015 Dat � Da a�21s' Date Z-Z6-1) Date 3,el- s-1 Date ® .4�coR CERTIFICATE OF LIABILITY INSURANCE DATa(MwDUxYYY) �.I,ii/GV IJ 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 pollcyges) must be endorsed If SUBROGATION IS WANED, subject to the terms and Conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement a . PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc LIC #0726293 1255 Battery Street, Suite 450 ACT ��Hoe 415-536-8617 F 415-536-8627 €�ti I f'n) San Francisco CA 94111 INSURER131 AFFORDING COVERAGE NAIL INSURER ,Berkshire Hathaway Homestate Insura 20044 INSURED CSGCONS-01 CSG Consultants, Inc, Precision Inspection 1700 S Amphlelt Blvd, 3rd Floor San Mateo, CA 94402 INSURER B Arch Insurance Company 11150 INSURER c American Fire and Casualty Company24066 INSURER INSURER E INSURER . � �+MEO ABc. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ItAOVEaamnFOrtR THE POLICY PERIOD INDICATED NOTVATHSTANDING ANY REQUIREIIENT, 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 IJIM NSR TYPE OFINSUAANCE OL90 POLICY NUMBER P EFF FOLIC LIMITS C X COMMERCVILGENERAL LIABILITY Y KAI&%382788 2/4/2014 2/4R015 EACH OCCURRENCE sI000000 OLMOSWADE M% OCCUR ao 560000G LIED EXP ra one aeon $S 000 PERSONAL&ADVBUURY $1000000 AGGREGATE UUIT APPLIES PER POLICY O O GENERAL AGGREGATE 52W000 OENt PRODUCTS - COMOP AGO $I 000 000 JJEECT LAC OTHER $ C AUTOMOBILELUSLIrY Y BAAlSM02M 2/4r2O14 12/4/20t6 iEOaaSI OING1 51,000000 X 8001LY IJURY(Per parson) S EO pALN�YpA�UUT�O SCH�pUL AUTOS 08R BODILY INJURY (Pet /adwo S HIREDAUTOS hAK1�tt-"1'EO OS a 1 3 S C X UMBRELLAWB rj OCCUR USAISS6382766 12JR2014 I W4/2015 EACH OCCURRENCE 15,OD0,000 EXCESS UAB CLAIVS LADE AGGREGATE $5,000,000 DEO I I RETENTIONS s A AND EMPLOYERS'LIABILITY Y WC601194 7/4/2014 12/4/2015 X PFA E IWORKERSCOMPENSATION YIN ANY PROPRIETORIPARTNEIVEXECUTME OFFICEPAK ISER EXCLUDED?� NI A EL EACH ACCIDENT $1,000,000 EL DISEASE -EMI EJJPLOYE $1000000 p3yaeenssdat���N r ELDLSEASE-POLIGYUMIT I slo00oo0 _ DESLtRIM10NOF OPERATIONS bHav B� Pmfesslonal LfabditY relrodate 1/1/1991 2/4/2014 2/4rm15 jEach Clam 3,000.000 rPM731SO3 ale 000,000 D & 510,000 DESCRIPTION OF OPERAMNS I LOCATIONS I VEHICLES (ACORDIOI,AddiSaWRamarka Sahadare,mayba&Hac)mdlf aaapacabr*Wrad) re All operetions of the Named Insured The City of Huntington Beach, its officers, elected or appointed officlais, empio Gas, agents and volunteers are additional insured on Primary & Non-Coninbutory Basis on per attached endorsement Additional Insured Architects, Engineers, and Surveyors) and Insureds are additional on Auto per attached endorsement Waiver of Subrogation on per attached endorsement City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Ill ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED CORPORATION. All rights AGUKU Lb (1U14/Ul) The ACORD name and logo ere registered marks of ACORD APPROVED AS TO FORM MICheel 9at0e, CIIV Attorney 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 9, 2015 CSG Consultants, Inc Attn Khoa Duong 801 Park Center Dr #230 Santa Ana, CA 92705 Dear Mr Duong Enclosed for your records is a copy of the fully executed "Professional Services Contract Between The City of Huntington Beach and CSG Consultants, Inc for Building Staffing Services " Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Ones Anjo, Japan ♦ Waitakere, New Zealand