HomeMy WebLinkAboutBureau Veritas North America, Inc. - 2016-05-02i4PPK6 VE-b 7-0
City of Huntington Beach
File #: 18-322
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: David A. Segura, Fire Chief
MEETING DATE: 9/17/2018
Subject:
Approve additional appropriation for professional fire prevention inspection, plan check, and
environmental engineering services; and, approve and authorize execution of Amendment #1
to Professional Services Agreement with Bureau Veritas North America, Inc. in the amount of
$420,669 for fire prevention inspection and plan review services and increase professional
services authority accordingly
Statement of Issue:
The Fire Department requires professional fire prevention inspection, plan check. and environmental
engineering services. The Department requests an additional appropriation of S300,000 for these
services. In addition, a contract amendment is being requested to increase the contract authorization
for Bureau Veritas North America, Inc. in the amount of $420,669. The professional services
authority for Bureau Veritas is also requested to be increased by a commensurate amount.
Financial Impact:
The FY 2018/19 budget for professional services under 10065201.69365 is currently $100,000, so an
additional allocation of $300,000 will be required. Funding will be allocated on an incremental basis
as needed, based on development project demands. The recommended action is primarily cost -
neutral since a major portion of these expenditures are reimbursed by developers and also offset by
revenues generated from inspection and plan review services.
Recommended Action:
A) Approve an appropriation of $300,000 for Fire Prevention inspection, plan check and
environmental engineering services-, and,
B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional
Services Contract Between the City of Huntington Beach and Bureau Veritas North America, Inc. for
Fire Prevention Inspection and Plan Review Services-," and,
C) Increase the Fire Department's professional services authority by $420,669 to ensure compliance
City of Huntington Beach Page 1 of 3 Printed on 9/12/2018
Page 131
powered by LegiStarT^"
File #: 18-322 MEETING DATE: 9/17/2018
with Administrative Regulation No. 228.
Alternative Action(s):
Do not approve the additional appropriation or contract amendment and provide staff with alternative
direction.
Analysis:
The Fire Prevention Division is responsible for enforcing local, state, and federal codes in order to
reduce the loss of life and property from preventable fires and other emergencies. These
responsibilities are achieved through the use of professional services to cover the increase in
workload.
In Fiscal Year 2017/18, the Fire Prevention Division conducted life safety and fire permit inspections,
totaling 8,500. These inspections covered businesses, residential facilities, hazardous materials
occupancies, oil wells, and new construction. This Division also performed annual inspections of
approximately 2,800 multi -family residential complexes as mandated by the State. In addition to
inspection services, the Fire Prevention Division conducted approximately 2,000 plan check reviews
in Fiscal Year 2017/18.
The total fire inspection and plan review revenues anticipated for FY 2018/19 is $981,500. The total
fire inspection and plan review revenues received in FY 2017/18 was $949,668. However, that fiscal
year is not closed yet so the revenues reported are still subject to change due to fiscal year-end
accruals and adjustments that have not been posted.
Whenever City staff can no longer meet the increased demands of development activity, including
performing life safety, business, and state mandated inspections, these services are usually
supplemented with professional fire prevention inspection and plan review consulting services. This
approach is a cost effective method of closing the gap between the demands for inspection and plan
review services and the ability of City staff to meet those demands.
Typical Fire Prevention inspection, plan check and environmental engineering services include
• Performing over the counter plan check services and consultations
• Performing plan checks for detailed technical projects, including oil well abandonments
• Performing field inspections of operational fire permits, fire protection systems, fire master
plans, and architectural plans
• Determining plan compliance with applicable codes, specifications, and City standards
• Submitting a list of items requiring correction to achieve conformance with City regulations
• Providing technical reports of findings and recommendations
Development activity that the Fire Department processes has required additional professional
services to meet demands. Examples of significant current and upcoming projects that require these
inspection and plan review services include, but are not limited to, the Oakmont Senior Living
Development, Lebard Park, Parkside Estates, Pierside Pavillion Phase III, Gothard Townhomes,
Sunset Beach Hotel, 600 PCH Apartments, Bolsa Chica Business Park, and Sea Dance Residential.
The Department is requesting an additional appropriation for professional environmental engineering
and plan check/fire inspection services. The current funding for FY 2018/19 is $100,000 and is
anticipated to be exhausted by the end of the calendar year. An additional appropriation of $300,000
City of Huntington Beach Page 2 of 3 Printed on 9/12/2018
Page 132 powered by Legistarlm
File #: 18-322 MEETING DATE: 9/17/2018
to the Fire Prevention business unit (10065201.69365) is requested. This amount will sustain these
services through June 30, 2019. These expenditures are primarily cost -neutral since a major portion
of the services are reimbursed by developers and offset by General Fund revenues generated from
cost recovery fees associated with fire inspection and plan check services.
The additional allocation is needed to continue providing development related and inspection
services to the community in a timely manner.
On May 2, 2016, the City Council authorized a professional services contract with Bureau Veritas
North America, Inc. Total compensation for this contract was $720,000. Since then, the services of
Bureau Veritas North America, Inc. have been utilized more than was originally anticipated partially
due to a vacancy in the Fire Prevention Division, as well as continued increasing demand for the fire
inspection and plan review services. The Fire Department is requesting to increase the Bureau
Veritas North American, Inc. professional services agreement by $420,669, which will revise the total
compensation of this contract to $1,140,669 over the three-year term of the contract. The
amendment is needed to continue providing development related and inspection services to the
community in a timely manner.
Environmental Status:
None
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Amendment #1 to Professional Services Contract with Bureau Veritas North America, Inc. for
Fire Prevention Inspection and Plan Review Services
City of Huntington Beach Page 3 of 3 Printed on 9/12/2018
Page 133 powered by Legistar—
AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
BUREAU VERITAS NORTH AMERICA, INC
FOR
FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY," and BUREAU VERITAS NORTH AMERICA, INC, a California limited
liability company, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated May 2, 2016, entitled "Professional Services Contract Between the City of
Huntington Beach and Bureau Veritas North America, Inc." which agreement shall
hereinafter be referred to as the "Original Agreement," and
CITY and CONSULTANT wish to amend the Original Agreement to reflect the
additional work to be performed by CONSULTANT and the additional compensation to
be paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
ADDITIONAL COMPENSATION
In consideration of the additional services to be performed, CITY agrees
to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full
payment for services rendered, an additional sum not to exceed Four Hundred Twenty
Thousand, Six Hundred Sixty -Nine Dollars ($420,669.00), in addition to the original sum
of Seven Hundred Twenty Thousand Dollars ($720,000), for a new total not to exceed
One Million, One Hundred Forty Thousand, Six Hundred Sixty -Nine Dollars
($1,140,669).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on
CONTRACTOR,
S eptmber 17th
BUREAU 7TAS NORTH AMERICA, INC
By:
Gi 7-AV0 YAL D" viA
print name
ITS_(circle one) Chairman/Presiden ice
resident
AND
By:
print name
ITS: (circle one Secretar Chief Financial
Officer/Asst. Secre ary - Treasurer
COUNTERPART
2018
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
Mayor
City Clerk
INITIATED AND APPROVED:
Fire Chief
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney 0
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on
CONTRACTOR,
September 17th .2018
BUREAU VERITAS NORTH AMERICA, INC CITY OF HUNTINGTON BEACH,
print name
ITS: (circle one) Chairman/President/Vice
President
AND
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary — Treasurer
COUNTERPART
a municipal corporation of the State of
California
REVIE D APPROVED:
City Mainager
2
Dept ID FD16 002 Page 1 of 3
Meeting Date 5/2/2016
..
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/2/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: David A Segura, Fire Chief
SUBJECT: Approve Professional Services Contracts for Fire Prevention Inspection and Plan
Review Services for Bureau Veritas North America, Inc in the Amount of
$720,000 and for Jensen Hughes, Inc for $180,000 and Approve Additional
Appropriation for As -Needed General Environmental Engineering and Plan
Check /Fire Inspection Services
Statement of Issue
The Fire Department requires professional fire prevention inspection and plan review services on
an as -needed basis To provide these services, two qualified firms have been selected and
contract approval is requested The Department also requests an additional appropriation of
$325,000 for professional environmental engineering and plan check/fire inspection services The
services are critical to keeping pace with the extensive development occurring in the community
Financial Impact
The recommended action is primarily cost -neutral since these expenditures are reimbursed by
developers and also offset by revenue generated from cost recovery fees
Recommended Action
A) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract
between the City of Huntington Beach and Bureau Ventas North America, Inc for Fire
Prevention Inspection and Plan Review Services,
E B) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract
between the City of Huntington Beach and Jensen Hughes, Inc for Fire Prevention
Inspection and Plan Review Services, and
C) Approve an appropriation of $325,000 to the Fire Prevention business unit
(10065201 69365) Funding will be allocated on an incremental basis as needed, based on
development project demands
Alternative Action(s)
Do not authorize one or both of the contracts or approve the additional appropriation and provide
staff with alternative direction
Analysis
Applicants who submit development projects to the City pay fees for plan checks and inspections
and expect reasonable service levels When City staff can no longer meet demands of increased
development activity, these services have historically been supplemented with professional fire
Item 11. - 1 HB -142-
Dept ID FD16 002 Page 2 of 3
Meeting Date 5/2/2016
prevention Inspection and plan review services This approach is a cost effective method of closing
the gap between the demands for these services and the ability of City staff to meet this demand
Typical fire prevention inspection and plan review services include
• Perform field inspections of operational fire permits, fire protection systems, fire master
plans, and architectural plans to ensure compliance with applicable codes, specifications,
and City standards
• Provide all necessary liaisons with applicant business owners, City representatives, Fire
Marshal, etc
• Perform plan review consultations
• Determine plan compliance with applicable codes, specifications and City standards
• Submit list of items requiring correction to achieve conformance with City regulations
• Provide written reports of findings and recommendations
• Provide representation at meetings related to fire inspections and plan reviews with
customers and City staff as requested by the Fire Marshal or designee
Development activity that the Fire Department processes has increased tremendously Examples
of significant current and upcoming projects that require these inspection and plan review services
include, but are not limited to, the Hilton Hotel expansion, Pasea Resort and Spa, Pacific City
retail/residential projects and many large residential projects
In compliance with Chapter 3 03 of the Municipal Code, proposals for these services were
requested using the Request for Proposal shown as Attachment 1 The following subject matter
experts from City departments evaluated and ranked the proposals Building Manager, Assistant
Fire Marshal, Fire Protection Analyst The ranking criteria included
• Compliance with RFP requirements
• Technical approach
• Qualifications and expenence of firm, key Individuals and sub -consultants
• Clanty
• Local Vendor Preference
• Cost
• References
The selection process included a review of the written proposals, followed by an in depth interview
with each of the companies Summary evaluation sheets for the three most qualified firms are
shown as Attachment 2 After conducting the entire evaluation process, including interviews and
reference checks, the committee determined that Jensen Hughes, Inc and Bureau Veritas North
America, Inc are the most qualified firms to meet the needs of the City
In part, the committee determined that Bureau Veritas North America, Inc has provided these
services to the City for eight (8) years and has a proven record of accomplishing this work in a
complete and timely manner The company is also very familiar with government procedures,
ordinances, specifications and other requirements as they currently provide services to over 50
cities in California
In part, the committee also determined that Jensen Hughes, Inc has extensive experience,
expertise and very robust staffing levels This includes up to 60 associates available for plan check
and inspection services to help the City provide timely, high quality and effective customer service
This firm also provides an opportunity for the City to expand its pool of fire prevention inspection
and plan review firms beyond Bureau Veritas, Inc
HB -143- Item 11. - 2
Dept ID FD16 002 Page 3 of 3
Meeting Date 5/2/2016
The committee also gave great weight to levels of expertise, depth of staffing, turn -around times,
and other qualifications, selecting Bureau Veritas, Inc and Jensen Hughes, Inc
The two proposed three year term contracts are shown as Attachments 3 and 4 Based on
projected project plan review and Inspection needs, the agreement with Bureau Veritas North
America, Inc will have compensation for three years with an amount not to exceed $720,000
Based upon the projected need for Jensen Hughes, Inc, over a three year period the compensation
will be an amount not to exceed $180,000 The total for both contracts will be $900,000 or
approximately $300,000 for each year of the three years of the proposed agreements
The Department is also requesting an additional appropriation for professional environmental
engineering and plan check/fire Inspection services The current funding for FY 2015/16 is
$238,635 and is anticipated to be exhausted by the end of the second quarter of the fiscal year due
to current development activity An appropriation of $325,000 to the Fire Prevention business unit
(10065201 69365) is requested These expenditures are primarily cost -neutral since the services
are reimbursed by developers and also offset by General Fund revenue generated from cost
recovery fees In FY 2013/14, the year-end expenditure reached $286,000 and for FY 2014/15 it
was $427,000 The additional allocation is needed to continue providing development related
services in the community
Environmental Status
None
Strategic Plan Goal
Improve quality of life
Enhance and maintain Infrastructure
Strengthen economic and financial sustainability
Enhance and maintain public safety
Enhance and maintain City service delivery
Attachment(s)
1 Request for Proposal
2 Summary Evaluation Sheets
3 Professional Services Contract between the City of Huntington Beach and Bureau
Verltas North America, Inc for Fire Prevention Inspection and Plan Review Servic
4 Professional Services Contract between the City of Huntington Beach and Jensen
Hughes, Inc for Fire Prevention Inspection and Plan Review Services
`SG'E' 4-PA/u4rum fl&4- Fob
Item 11. - 3 HB -144-
1 y`;,x ' - �� Y � ;{ yc :f .� s : x a �� 3 X �,� � � �3,ie+h' � �",``
_fi
�1.. $ - k. 4 • Y � � 1. � s L t
FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES
REQUEST FOR PROPOSAL (RFP)
1. BACKGROUND
The City of Huntington Beach desires to engage the services of a consultant to provide fire
prevention plan review services
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule
Release of RFP
6/25/15
Deadline for Written Questions
7/2/15
Responses to Questions Posted on Web
7/9/15
Proposals are Due
7/21/15
Proposal Evaluation Completed
8/4/15
Approval of Contract
9/8/15
2. SCOPE OF WORK
A STATEMENT OF WORK.
CONSULTANT shall provide fire inspection and plan review services for the City of
Huntington Beach Fire Department
B CONSULTANT'S DUTIES AND RESPONSIBILITIES-
1 Fire Inspections
a. Perform fire prevention field inspections of operational fire permits, fire protection
systems, fire master plans, and architectural plans (fire/life-safety) to confirm
compliance with applicable codes with amendments and City specifications as
adopted by the city of Huntington Beach
b Perform all necessary liaisons with applicant, business owner/representative, City
Staff, Fire Marshal, or designee
c Log fire prevention activities into fire department records management system and
City permit software
d Complete fire prevention activity reports.
e. Regularly meet with Fire Marshal or designee
Item 11. - 5 HB -146-
f. Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee
g Perform extra work as needed when requested by the Fire Marshal or designee
2 Plan Reviews Services
a Perform preliminary plan review consultations
b Perform plan reviews to determine compliance with applicable codes, standards, and
City specifications as adopted by the City of Huntington Beach
c. Plan review process times comply with the maximum City turnaround time of
i Within 20 business days for first submittal.
ii Within 10 business days for second submittal
iii Within 5 business days for third and subsequent submittals
iv As approved by the Fire Marshal or designee, plan review turnaround standards
may be extended based on mitigating circumstances (e g incomplete submittal)
d Under circumstances and as required by the Fire Marshal or designee, plan reviews
may need to be performed using what is commonly referred to as an "over the
counter" method
e Provide a list of items (corrections) needing clarification or change on submitted
plans to achieve conformance with City regulations.
f Perform plan reviews of revisions to plans that have been previously approved for
permit issuance
g Perform all necessary liaisons with applicant, business owner/representative, City
staff, Fire Marshal, or designee
h Log fire prevention activities into fire department records management system and
City permit software
1. Complete fire prevention activity reports
J Regularly meet with Fire Marshal or designee
k Perform extra work as needed when requested by the Fire Marshal or designee
1 Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee
C CITY'S DUTIES AND RESPONSIBILITIES
i7R 1 A 7
TtPm 1 1 - F
1. Establish a schedule for conducting Fire Inspections.
2 Provide plans for review on an as needed basis and establish completion schedules
3 Provide inspection and plan review activity report
4 Timely payment of invoices upon receipt and approval
D WORK PROGRAM/PROJECT SCHEDULE -
As needed
4. PROPOSAL FORMAT GUIDELINES
Interested contractors are to provide the City of Huntington Beach with a thorough proposal
using the following guidelines
Proposal should be typed and should contain no more than 20 typed pages using a 12-point font
size, including transmittal letter and resumes of key people, but excluding Index/Table of
Contents, tables, charts, and graphic exhibits Each proposal will adhere to the following order
and content of sections Proposal should be straightforward, concise and provide "layman"
explanations of technical terms that are used Emphasis should be concentrated on conforming
to the RFP instructions, responding to the RFP requirements, and on providing a complete and
clear description of the offer. Proposals, which appear unrealistic in the terms of technical
commitments, lack of technical competence or are indicative of failure to comprehend the
complexity and risk of this contract, may be rejected The following proposal sections are to be
included in the bidder's response:
A Vendor Application Form and Cover Letter
Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this
form to the cover letter A cover letter, not to exceed three pages in length, should
summarize key elements of the proposal An individual authorized to bind the consultant
must sign the letter The letter must stipulate that the proposal price will be valid for a
period of at least 180 days Indicate the address and telephone number of the contractor's
office located nearest to Huntington Beach, California and the office from which the
project will be managed
B Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the
City, the work to be done, and the objectives to be accomplished Refer to Scope of
Work of this RFP
C Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish
the Scope of Work of this RFP. The Methodology Section should include
1) An implementation plan that describes in detail (i) the methods, including controls
by which your firm manages projects of the type sought by this RFP, (n)
Item 11. - 7 HB -148-
methodology for soliciting and documenting views of internal and external
stakeholders, (iii) and any other project management or implementation strategies
or techniques that the respondent intends to employ in carrying out the work
2) Detailed description of efforts your firm will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work" section
3) Detailed project schedule, identifying all tasks and deliverables to be performed,
durations for each task, and overall time of completion
4) Detailed description of specific tasks you will require from City staff Explain
what the respective roles of City staff and your staff would be to complete the
tasks specified in the Scope of Work
D Staffing
Provide a list of individual(s) who will be working on this project and indicate the
functions that each will perform Include a resume for each designated individual.
Upon award and during the contract period, if the contractor chooses to assign different
personnel to the project, the Contractor must submit their names and qualifications
including information listed above to the City for approval before they begin work.
E Qualifications
The information requested in this section should describe the qualifications of the firm,
key staff and sub -contractors performing projects within the past five years that are
similar in size and scope to demonstrate competence to perform these services
Information shall include
1) Names of key staff that participated on named projects and their specific
responsibilities with respect to this scope of work
2) A summary of the your firm's demonstrated capability, including length of time
that your firm has provided the services being requested in this Request for
Proposal
3) Provide at least five local references that received similar services from your firm
The City of Huntington Beach reserves the right to contact any of the
organizations or individuals listed Information provided shall include
♦ Client Name
♦ Project Description
♦ Project start and end dates
♦ Client project manager name, telephone number, and e-mail address
F. Fee Proposal
The separately submitted Fee Proposal should including the following
The firm's schedule of hourly rates, including rates for all subconsultants, shall be
included with the proposal and indicate that the rates are valid for the full three year
period The percentage mark up of reimbursable expenses, if any, shall also be specified
in the rate schedules
HB -149- Item 11. - 8
5. PROCESS FOR SUBMITTING PROPOSALS
All proposals must be submitted in PDF file format
♦ Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format
guidelines
♦ Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of elaborate
promotional material beyond those sufficient to provide a complete, accurate and reliable
presentation
♦ Number of Proposals
Submit one (1) PDF file format copy of your proposal in sufficient detail to allow for
thorough evaluation and comparative analysis
♦ Submission of Proposals
Complete written proposals must be submitted electronically in PDFfile format via the
Planetbids.com website no later than 4:00 p.m. (P.S.T) on July 21, 2015. Proposals
will not be accepted after this deadline. Faxed or e-mailed proposals will not be
accepted.
♦ Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Jim Slobojan, Fiscal Services Manager
jslobojan@surfcity-hb org
From the date that this RFP is issued until a firm is selected and the selection is
announced, firms are not allowed to communicate for any reason with any City employee
other than the contracting officer listed above regarding this RFP, except during the pre -
proposal conference Refer to the Schedule of Events of this RFP or the City webpage to
determine if a pre -proposal conference has been scheduled The City reserves the right to
reject any proposal for violation of this provision No questions other than written will be
accepted, and no response other than written will be binding upon the City
♦ Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for
any services The City, at its sole discretion, reserves the right to accept or reject any or
all proposals received as a result of this RFP, to negotiate with any qualified source, or to
cancel this RFP in part or in its entirety All proposals will become the property of the
City of Huntington Beach, USA If any proprietary information is contained in the
proposal, it should be clearly identified
6. EVALUATION CRITERIA
Item 11. - 9 HB -150-
The City's consultant evaluation and selection process is based upon Qualifications Based
Selection (QBS) for professional services The City of Huntington Beach may use some or all of
the following criteria in its evaluation and comparison of proposals submitted The criteria listed
are not necessarily an all-inclusive list The order in which they appear is not intended to
indicate their relative importance*
A Compliance with RFP requirements
B Understanding of the project
C Recent experience in conducting similar scope, complexity, and magnitude for other
public agencies
D Educational background, work experience, and directly related consulting experiences
E Price
F References
The City may also contact and evaluate the bidder's and subcontractor's references, contact any
bidder to clarify any response, contact any current users of a bidder's services, solicit
information from any available source concerning any aspect of a proposal, and seek and review
any other information deemed pertinent to the evaluation process The evaluation committee
shall not be obligated to accept the lowest priced proposal, but shall make an award in the best
interests of the City
After written proposals have been reviewed, discussions with prospective firms may or may not
be required If scheduled, the oral interview will be a question/answer format for the purpose of
clarifying the intent of any portions of the proposal The individual from your firm that will be
directly responsible for carrying out the contract, if awarded, should be present at the oral
interview
A Notification of Intent to Award may be sent to the vendor selected Award is contingent upon
the successful negotiation of final contract terms. Negotiations shall be confidential and not
subject to disclosure to competing vendors unless an agreement is reached If contract
negotiations cannot be concluded successfully, the City may negotiate a contract with the next
highest scoring vendor or withdraw the RFP
7. STANDARD TERMS AND CONDITIONS
♦ Amendments
The City reserves the right to amend this RFP prior to the proposal due date All
amendments and additional information will be posted to the Huntington Beach
Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids &
RFP's, bidders should check this web page daily for new information
♦ Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the bidder All
proposals submitted become the property of the City
♦ Contract Discussions
Prior to award, the apparent successful firm may be required to enter into discussions
with the City to resolve any contractual differences These discussions are to be
finalized and all exceptions resolved within one (1) week from notification If no
uu -1 ;1 - Item 1 1 - - 1(
resolution is reached, the proposal may be rejected and discussions will be initiated
with the second highest scoring firm See Exhibit B for a sample agreement.
♦ Confidentiality Requirements
The staff members assigned to this project may be required to sign a departmental
non -disclosure statement Proposals are subject to the Freedom of Information Act
The City cannot protect proprietary data submitted in proposals
♦ Financial Information
The City is concerned about bidders' financial capability to perform, therefore, may
ask you to provide sufficient data to allow for an evaluation of your firm's financial
capabilities
♦ Insurance Requirements
City Resolution 2008-63 requires that licensees, lessees, and vendors have an
approved Certificate of Insurance (not a declaration or policy) on file with the City
for the issuance of a permit or contract Within ten (10) consecutive calendar days of
award of contract, successful bidder must furnish the City with the Certificates of
Insurance proving coverage as specified in Appendix C Failure to furnish the
required certificates within the time allowed will result in forfeiture of the Proposal
Security
Please carefully review the Sample Agreement and Insurance Requirements before
responding to the Request for Proposal enclosed herein. The terms of the agreement,
including insurance requirements have been mandated by City Council and can be
modified only if extraordinary circumstances exist Your response to the Request for
Proposal must indicate if you are unwilling or unable to execute the agreement as
drafted as well as providing the insurance requirements. The City will consider this in
determining responsiveness to the Request for Proposal.
rem 1 1 - 1 1
up _1 G7
APPENDIX A
HB -l s;- Item 11. - 12
REQUEST FOR PROPOSAL
'VENDOR APPLICATION FORM
TYPE OF APPLICANT ❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation
Contact Person for Agreement
Corporate Mailing Address -
City, State and Zip Code
E-Mail Address
Phone:
Contact Person for Proposals.
Title
Business Telephone.
Fax.
E-Mail Address
Business Fax
Is your business- (check one)
❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION
Is your business. (check one)
❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
1 of 2
tem l l . - 13 uu -1;a
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names
Federal Tax Identification Number
Title Phone
City of Huntington Beach Business License Number:
(If none, you must obtain a Huntington Beach Business License upon award of contract )
City of Huntington Beach Business License Expiration Date
2 of 2 III
uu _1 :S_ TtPm 1 1 - Id
APPENDIX B
Item 11. - 15 HB -1 56-
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
R •:
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
HB -15 7- Item 11. - 16
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
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
hereinafter referred to as "CONSULTANT "
a
WHEREAS, CITY desires to engage the services of a consultant to
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
I 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
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
Item 11. - 17 HB - l s s-
2 CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement
3 TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement The services of CONSULTANT are
to commence on , 20 (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
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 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
12/07
2ofII
HB -159- Item 11. - 18
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
Item 11. - 19 1113 -160-
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
xB -161- Item 11. - 20
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 heremabove 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
Item 11. - 21 HB -162-
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
a,-ree/ surfnet/professional svcs mayor 6 of 11
12/07
HB -163- Item 11. - 22
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
heremabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below CITY and CONSULTANT may designate different addresses to
which subsequent notices, certificates or other communications will be sent by notifying the
other party via personal delivery, a reputable overnight carrier or U S certified mail -return
receipt requested
TO CITY
City of Huntington Beach
ATTN
2000 Main Street
Huntington Beach, CA 92648
17 CONSENT
TO CONSULTANT
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
Item 11. - 23 HB -164-
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/ surfnet/professional svcs mayor 8 of I 1
12/07
Hs -165- Item 11. - 24
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
Item 11. - 25 HB -166-
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
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 parry 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 svcs mayor 10 of 11
12/07
HB -167- Item 11. - 26
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,
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
COMPANY NAME California
Mayor
By
print name City Clerk
ITS (circle one) Chairman/President/Vice President
AND INITIATED AND APPROVED
Director/Chief
print name
ITS (circle one) Secretary/Chief Financial Officer/Asst
Secretary - Treasurer REVIEWED AND APPROVED
City Administrator
APPROVED AS TO FORM
City Attorney
agree/ surfnet/professional Svcs mayor 11 of 11
12/07
Item 11. - 27 HB -168-
EXHIBIT "A"
A STATEMENT OF WORK (Narrative of work to be performed)
B CONSULTANT'S DUTIES AND RESPONSIBILITIES
2
C CITY'S DUTIES AND RESPONSIBILITIES
4
D WORK PROGRAM/PROJECT SCHEDULE
EXHIBIT A
HB - l 69-
Item 11. - 28
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
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
into compliance, or until this Agreement has expired or is terminated as provided
herein
1
Exhibit B
Item 11. - 29 HB -170-
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
HB -171- Item 11. - 30
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1 CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2 Delivery of work product A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion
3 CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due Such invoice shall
A) Reference this Agreement,
B) Describe the services performed,
C) Show the total amount of the payment due,
D) include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement,
and
E) For all payments include an estimate of the percentage of work completed
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks to 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 11. - 31
Exhibit B
HB -172-
APPENDIX C
HB -173- Item 11. - 32
w
w
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
�1 `
Minimum Insurance Requirements '
. e
4'" Vendor T yP
�Automobde
"
Professional
Property
Additional
Insured,
Liability
General Lnabnbty
Liability
Insurance
Workers,,.Comp
:Endorsements
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current AM Best's Rating of no less than A: V11. See Exhibits AI - 4 for saunple forms
Any deductible other than those allowed nit this matrix, self -insured retentions or smular forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under
extraordinary circumstances.
Contractors: Any persons or entities who
Minimum of
Combined single
State statutory
Include the
contract with the City and/or provide services to
$1,000,000 per
limit bodily injury
limits of
policy number
the City which are readily available and
occurrence for
and property damage
$250,000 bodily
and Additional
efficiently procured by competitive bidding
bodily injury,
Minimum of
injury by
Insured
personal injury
$1,000,000 per
disease, policy
Endorsement
and property
occurrence Allows
limit, and
Requirement
Permittees: Any persons or entities who
make application to the City for any use of or
damages Allows
up to $5,000
$100,000 bodily
statement
encroachment upon any public street, waterway,
up to $1,000
deductible
injury each
below (See Note
pier, or City property
deductible (See
(Additional Insured
employee for
3 below)
Note I below)
Endorsement its always
requited with General
accident or
disease per
Vendors: Any persons or entities who
transfers property or goods to the City which
Liability Ins)
occurrence
may or may not involve delivery and/or
(See Note 2
installation
below)
Note 1 - Automobile Liability The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named
as certificate holder and as additional insured by separate attached endorsement Permittees who do not use vehicles or equipment in connection with the
permit shall not be required to provide auto insurance To be exempt from this requirement, permittees must execute a declaration such as Exhibit 1
attached
Note 2 - Workers' Compensation Exemption If entity has no employees, a signed Declaration of Non -Employee Status form is required
Note 3 - Additional Insured Endorsement Requirements The City, its officers, elected or appointed officials, employees agents, and volunteers are to be
covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the
contractor The coverage shall contain no special limitations on the scope of protection afforded to the City
HB Insurance Matrix revised 10-27-08
1 of 3
■
ME
CD
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
' a
Minimum Insurance Requirements - r 1 01
� 3 Vendor Type< <rfr
a
Additional
�
Automobile
Liabilit
Gene al Liabibty
Professional
Liability
Property
Tnsurance
_
Co
insured
Endorsements
y�
;WorkeYs' p
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M. Best's Rating of no less than A VII See Exhibits Al - 4 for sample forms.
Any deductible other than those allowed in this matrix, self -insured retentions or sumlar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE Waivers and/or modifications are discouraged and will be considered only under
extraordinary circumstances.
Design Professionals: Professional service
Minimum of
contractors who contract with the City and/or
$1,000,000 per
provide architectural and/or engineering services
occurrence and
to the City
in the
aggregate
Professional Services: Services that
involve the exercise of professional discretion
Allows lows u p to
and independent judgment based on an advanced
0
or specialized knowledge, expertise or training
deductible
gained by formal studies or experience or
services which are not readily or efficiently
procured by competitive bidding pursuant to HB
Muni Code 3 02 Services includes but is not
limited to those services provided by appraisers,
architects, attorneys, engineers, instructors,
insurance advisors, physicians and other
specialized consultants
Claims made policies are acceptable if the policy further provides that
1) The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as
renewals or replacements)
2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following
project completion, including the requirement of adding all additional insureds
3) If insurance is terminated for any reason, professional services contractor 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 or permit
4) The reporting of circumstances or incidents that might give rise to future claims
W HB Insurance Matrix revised 10-27-08 2 of 3
w
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
a
4 wf " V
Minimum4nsurance Requirements �' -
�� Vendor Type,
Additional,
r Y
Automobile
Liability
General Liability
Professional
Liabihtyu
Property ,
Insured
Insurance`
Workers'Comp
Endorsements
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M Best Is Rating of no less than A•VII See Exhibits Al - 4 for sample forms.
Any deductible other than those allowed in this matrix, self -insured retentions or similar forms of coverage hmitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE. Waivers and/or modifications are discouraged and will be considered only under
extraordinary circumstances.
Licensees/Lessees: Any persons or entities
Combined single
Full
State statutory
Include the
who contract with the City for the use of public
limit bodily injury
replacement
limits of
policy number
property
and property damage
cost with no
$250,000 bodily
and Additional
Minimum of
coinsurance
injury by
Insured
$1,000,000 per
penalty
disease, policy
Endorsement
occurrence Allows
provision
limit, and
Requirement
up to $5,000
$100,000 bodily
statement
deductible
injury each
below (See Note
(Additional lnsuiance
employee for
2)
Endorsement is always
accident or
required with General
disease per
Liability Ins)
occurrence
(See Note 1
below)
Note 1 - Workers' Compensation Exemption If entity has no employees, a signed Declaration of Non -Employee Status form is required
Note 2 - Additional Insured Endorsement Requirements The City, its officers, elected or appointed officials, employees agents, and volunteers are to be
covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the
contractor The coverage shall contain no special limitations on the scope of protection afforded to the City
H13 Insurance Matrix —revised 10-27-08
3 of 3
PROFESSIONAL AND CONTRACT SERVICES
SERVICE: Fire Prevention Inspection and Plan Review Services
SERVICE DESCRIPTION: Provide fire prevention field inspections, meet with city staff,
provide extensive activity reports, comply with project deadlines, perform plan reviews
in compliance with city code and within turnaround requirements, provide list of items
needing correction, advise Fire Marshal as required
VENDOR: Jensen Hughes, Inc.
OVERALL RANKING: 1
SUBJECT MATTER EXPERTS/RATERS: 1 Building Official 2 Assistant Fire Marshal
3 Fire Protection Analyst
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score 1,295
L
Total Weighted
Maximum
Criteria
Score
Score
Compliance with RFP
140
150
Technical Approach
375
375
Qualifications
420
450
Clarity
140
150
Local Vendor Preference
0
75
Cost
70
150
References and Background
150
150
Total
II. DUE DILIGENCE REVIEW
• Interview Ranking 1
1"295 I 1,600
Je' nsen Hughes; Ind.— Summary of Review
• 1 Staffing: Excellent
• 2. Experience. Excellent
• 3. Qualifications: Excellent
uB - t 77- Item 11. - 36
PROFESSIONAL AND CONTRACT SERVICES
SERVICE: Fire Prevention Inspection and Plan Review Services
SERVICE DESCRIPTION: Provide fire prevention field inspections, meet with city staff,
provide extensive activity reports, comply with project deadlines, perform plan reviews
in compliance with city code and within turnaround requirements, provide list of items
needing correction, advise Fire Marshal as required
VENDOR: Bureau Ventas North America, Inc
OVERALL RANKING: 2
SUBJECT MATTER EXPERTS/RATERS: 1 Building Official 2 Assistant Fire Marshal
3 Fire Protection Analyst
I. WRITTEN PROPOSAL SCORING:
• Written Proposal Score 1,305
�yB��,'yt����f,�s�y..,N'orth'Americ��l(t1;-`Mitliini�m
{(i2EJa'IA�Idi�or�S'K�klelli/
Total Weighted
Maximum
Criteria
Score
Score
Compliance with RFP
140
150
Technical Approach
325
375
Qualifications
420
450
Clarity
150
150
Local Vendor Preference
0
75
Cost
130
150
References and Background
140
150
Total
,1,305 I 1,50Q,
II. DUE DILIGENCE REVIEW
• Interview Ranking 2
Bureau Y6r'ifWNbrth fArn6iiC ; Inc. —
Surdm ri 'awe4w'
• 1 Staffing: Excellent
• 2. Experience: Excellent
3. Qualifications: Excellent
Item 11. - 37 HB -1 7g_
PROFESSIONAL AND CONTRACT SERVICES
SERVICE: Fire Prevention Inspection and Plan Review Services
SERVICE DESCRIPTION: Provide fire prevention field inspections, meet with city staff,
provide extensive activity reports, comply with project deadlines, perform plan reviews
in compliance with city code and within turnaround requirements, provide list of items
needing correction, advise Fire Marshal as required
VENDOR #3
OVERALL RANKING: 3
SUBJECT MATTER EXPERTS/RATERS: 1 Building Official 2. Assistant Fire Marshal
3 Fire Protection Analyst
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score. 1,365
li laic�oi'l#3 `-� liiii utri Qualifidiiiyioi
Total Weighted
Maximum
Criteria
Score
Score
Compliance with RFP
140
150
Technical Approach
375
375
Qualifications
420
450
Clarity
130
150
Local Vendor Preference
0
75
Cost
150
150
References and Background
150
150
Total I AM6 I , 1,501
II. DUE DILIGENCE REVIEW
• Interview Ranking. 3
"Wridor ,==Suitwmary of+. eview
• 1. Staffing: Insufficient
• 2. Experience: Adequate
3 Qualifications: Adequate
HB -179- Item 11. - 38
AM
;i,,
i'M
3 P; L 4 ��'-Y�.I A to,
AT
1 J
1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BUREAU VERITAS NORTH AMERICA, INC
FOR
FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and Bureau Veritas North America, Inc, a Deleware Corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide fire prevention
inspection and plan review services, and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with, and
CONSULTANT has been selected to perform 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," wluch 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 Patrick Field 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 1 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 In4y aZ , 20 /( (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no
later than three years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed seven hundred and twenty thousand dollars Dollars ($720,000).
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/ surfaetlprofessional 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)
arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by CONSULTANT.
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
10112
($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/ surfaeUprofessional 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 herem 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/ surfact/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 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 heremabove) 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 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. Fire Chief
2000 Main Street
Huntington Beach, CA 92648
17 CONSENT
TO CONSULTANT:
Bureau Ventas North America, Inc
1601 Sawgrass Corporate Parkway,
Suite 400
Sunrise, FL
33323
ATTN: Isam Hasenin
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
agree/ surfaet1professional svcs mayor 7 of 11
10/12
unenforceable, void, illegal or invalid, such holding shall not mvandate 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/ surfnedprofessional 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 mjuries 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
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,
Bureau Veritas North America, Inc.
COMPANY NAME
By: Ex�"
aen N( uS k
print name
ITS: (circle one) Chamnan/Presiden ice Presiden
AND
By: ( Q sp
oa'r Ios E.5oaCA
print name
ITS: (circle one) SeerChief Financial Offic <Asst
Secretary - Treasurer �---�
agree/ surfaedprofessional sves mayor 11 of I l
10112
CITY OF HUNTINGTON BEACH, a
INITIATED AND APPROVED-
`"- Od %, 17 ((,
Fire Chief
Exhibit A
A STATEMENT OF WORK
CONSULTANT shall provide fire inspection and plan review services for the City of
Huntington Beach Fire Department
B CONSULTANT'S DUTIES AND RESPONSIBILITIES
1 Fire Inspections
a Perform fire prevention field inspections of operational fire permits, fire protection
systems, fire master plans, and architectural plans (fire/life-safety) to confirm
compliance with applicable codes with amendments and City specifications as
adopted by the city of Huntington Beach
b Perform all necessary liaisons with applicant, business owner/representative, City
Staff, Fire Marshal, or designee
c Log fire prevention activities into fire department records management system and
City permit software
d Complete fire prevention activity reports
e Regularly meet with Fire Marshal or designee
f Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee
g Perform extra work as needed when requested by the Fire Marshal or designee
2 Plan Reviews Services
a Perform preliminary plan review consultations
b Perform plan reviews to determine compliance with applicable codes, standards, and
City specifications as adopted by the City of Huntington Beach
c Plan reviews shall be project specific and comply with the maximum City turnaround
time of
i Within 10 business days for first submittal
ii Within 7 business days for second submittal
iii Within 5 business days for third and subsequent submittals
iv As approved by the Fire Marshal or designee, plan review turnaround standards
may be extended based on mitigating circumstances (e g incomplete submittal)
d Under circumstances and as required by the Fire Marshal or designee, plan reviews
may need to be performed using what is commonly referred to as an "over the
counter" method
e Provide a list of items (corrections) needing clarification or change to achieve
conformance with City regulations
f Perform plan reviews of revisions to plans that have been previously approved for
permit issuance
g Perform all necessary liaisons with applicant, business owner/representative, City
staff, Fire Marshal, or designee
h Log fire prevention activities into fire department records management system and
City permit software
i Complete fire prevention activity reports
j Regularly meet with Fire Marshal or designee
k Perform extra work as needed when requested by the Fire Marshal or designee
I Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee
C CITY'S DUTIES AND RESPONSIBILITIES
1 Establish a schedule for conducting Fire Inspections
2 Provide plans for review on an as needed basis and establish completion schedules
3 Provide inspection and plan review activity report
4 Timely payment of invoices upon receipt and approval
D WORK PROGRAM/PROJECT SCHEDULE
As needed
Exhibit A.1
City of Huntington Beach Fire Prevention Inspection and Plan Review Services
Methodology
Implementation Plan
Bureau Veritas' team will familiarize themselves with the requirements of the City of Huntington
Beach before beginning a review
Bureau Ventas will work to ensure that submittals are properly coordinated and tracked by
following an established internal plan check coordination process in which each plan received
for review, entered into their Deltek database, processed and returned on time to the City Their
plan tracking procedures are designed to track each submittal throughout the review process
and maintain accurate and comprehensive records for each submittal To accomplish this they
Screen and log each application to assure that they are routed to all plan reviewers in a
timely manner
Submittals are reviewed for compliance with all relevant state and City requirements
The log serves as a tracking device to assure turnarounds and completeness of the
review
Plan reviews will be done in accordance with local, state and federal regulations with
which local jurisdictions are mandated to enforce as well as all codes and ordinances in
effect by adoption at the time of plan review Preliminary consultations will be provided to
the applicant upon request, to assist and guide them in the design and plans preparation
process
Information shown on each permit application is verified Construction valuation is based
on information provided by the City and compared to estimates provided by the
applicant
Bureau Ventas assures that corrections are handled as quickly and as clearly as
possible Their goal is to help the applicant through the plan review process All
corrections are identified based on compliance with specified codes and regulations
Generally, corrections are identified in two ways Notes are made on plans as appropriate and a
correction sheet is generated detailing what items need to be addressed before plans can be
approved The City shall approve the development of any customized correction sheets
Correction sheets for specific projects shall be forwarded to the City along with a cover memo
containing at least the following
The date(s) plans were received and reviewed by our firm
The date(s) the applicant was notified of completed plan reviews
The name and telephone number of the applicant
During the plan review process, Bureau Ventas is prepared to meet with the applicant or
architect/engineer, City employees or consultants at any time Telephone discussions or
Exhibit A.1
Page 2
meetings at project sites are welcomed to assure that any plan review issues are handled
efficiently They propose to meet at the offices of the Fire Prevention Division or at a particular
project site Their goal is to issue approved plans as quickly as possible but in full compliance
with laws, codes, ordinances and regulations Upon completion of the plan review, the following
information package is prepared and logged as a minimum
Completed plan review documents which include sign -offs
Transmittal letter documenting any conditions associated with issuance of a permit, if
any
Marked up plan review documents
Two sets of approved plans
Backup documents and reports
All documents shall be provided in a format desired by the City
Achieving Client Satisfaction
Bureau Ventas understands the importance of working successfully with applicants in order to
make applicants happy while also verifying compliance and safety. To ensure success in
providing plan review and inspection services, their approach depends on three key factors
1 Working effectively and cooperatively with City staff, designers, and applicants
2 Providing qualified, certified and properly trained turnkey staff
3 Providing timely review and return of plans
4 Providing plan review and inspection comments in a comprehensible format
Detailed Project Schedule
Bureau Ventas will perform plan review services within the timeframes specified below
First Submittal 10 business days
Second Submittal 7 business days
Third and Subsequent Submittals 5 business days
As approved by the Fire Marshal or designee, plan review turnaround standards may be
extended based on mitigating circumstances (e g incomplete submittal, large or complex
projects, etc )
Expedite plan review can be provided for an additional fee Expedite review will depend on the
size and nature of the submittal and can be negotiated on a project -by -project basis
Exhibit A.1 Page 3
Key Deliverables
Bureau Ventas' deliverables include, but are not limited to
Performing fire inspections and plan reviews
Submitting clear and concise correction lists to the City for distribution to the project
applicant/designer
Responding to telephone inquiries from City staff and permit applicants regarding review
comments
Performing recheck reviews on projects to ensure plan corrections have been resolved
satisfactorily, including face-to-face meetings at our local BVNA office
Recheck appointments are guaranteed to be scheduled within 48 hours of request
Stamping plans "approved" for compliance with applicable codes
Returning approved plans to City Fire Department office
Meeting the City's minimum review turnaround timeframes to maximize customer service
Summary of City Expectations
Documented internal policies and procedures in providing our services
Maintenance of forms and documents on behalf of the City
Centralized handling of all plan submittals
Electronic project tracking and plan review services using our award -winning web -based
document control system
Availability to serve any City clients as directed by the City
Ability to schedule face-to-face meetings with project team members for rechecks or
revisions of approved plans at their local office within 48 hours of the request
Expedited plan review when requested
Regular transmittal of activity to City staff
Ability to review plans electronically to create a paperless environment
Up-to-date files kept at our offices until transferred to the City and/or applicant
Ability to assign quality, multi -faceted staff at City offices, if desired
Plan reviewers that are generally cross -trained in inspections who can serve as backup
to the City's inspection staff should the need arise
Exhibit A.1
Page 4
Transmittal of Plans and Correction Lists
Bureau Ventas assumes responsibility for the pickup and return of plans All plans shall be
picked up from the City offices within 24 hours of notification Should the volume of work be
sufficient, they propose to establish regular pick up of plans on a consistent basis They will also
utilize shipping courier, at no additional cost to the City
Upon completion of each plan review, they will forward a copy of the correction list to the City by
mail When corrected plans are resubmitted, the previous procedure will be followed or the
applicant may schedule an office visit to go over any corrections in person When plans are
completed they are stamped, signed and forwarded by Bureau Ventas staff Their transmittal
forms are customized for use unique to the City
EXIMIT "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
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.
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
into compliance, or until this Agreement has expired or is terminated as provided
herein
Exhibit B
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-1
City of Huntington Beach Fire Department
Fire Prevention Inspection and Plan Review Services
F Fee Proposal
Schedule of Fees
Our pricing reflects our commitment to the success of your project by helping you maintain significant quality
and cost saving benefits moving forward
These include
• Reduced plan review turnaround times and quick inspection response time
• Commitment to maintain a proposed rate structure for the life of the initial contract period
• Highly qualified staff
• Confidence of working with a well -established consultant in business for 185+ years
• Next day inspections
• Same day inspections for urgent matters
Hourly rates for project personnel are outlined below:
Staff Level Classifications Hourly Billing Rate*
Fire Marshal $130
Fire Protection Engineer/Plans Examiner $115
Fire Inspector $90
Other Services, if Requested
Building Official
$160
Senior / Structural Plan Check Engineer
_,$130
M/E/P Plan Check Engineer
$120
ICC Certified Plans Examiner
$110
Supervising Inspector
$95
Inspector 11
$80
Inspector 1
$75
Permit Technician
$65
Resident Engineer $140
Public Works Plan Check Engineer $125
Public Works Inspector $90
Engineering Technician $65
*Pricing assumes that this contract is non -prevailing wage - for any prevailing wage projects, BVNA
will discuss rates with the City to account for the California Prevailing Wage requirements.
Overtime: All Employees classified as "non-exempt' by the U S Department of Labor will be compensated
at 1-1/2 times salary for overtime hours as per State and Federal wage and hour laws No overtime will be
charged without prior consent
This fee proposal is valid for the first contract year and is subject to annual review and adjustment, with the
approval of the City
U Vf9
a w 20 7/21/2015
If=•
S INSURANCE AND INDEMNIFICATION WAIVER
0
MODIFICATION REQUEST
1 Requested by Risk Management - Justin Wessels
2 Date 2/16/16
3 Name of contractor/permittee Bureau Veritas North America, Inc
4 Description of work to be performed Fire plan review and inspection consulting services
5 Value and length of contract 3 years
6 Waiver/modification request $10,000 SIR on General liabilit ry policy
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
Q-,L -A - �-� //,-- z IL 116
Department Head Sig ure Date
APPROVALS
Approvals must be obtained in the order listed on this form Two approvals are required
for a request to be granted Approval fro the City Administrator's Office is only required if
Risk Management a City Attorney's Office disagree
1. ' k Management i
Approved Denied
Signatur Date
2. City Attorney's Office
❑ Approved ❑ Denied
Signature bate
3. City Manager'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
Insurance Waiver Form (1) doc 2/16/2016 9 06 00 AM
CONSOLIDATED BALANCE SHEET
BUREAU VERITAS HOLDING INC.
in thousands of USD
June 30st 2015
J
December 31st 2014
Goodwill
492,134
492,749
Intangible assets
86,797
95,049
Tangible assets
48,871
51,437
Deferred income tax assets
1
631
Other non -current financial assets
9,124
9,360
Total Non -current assets
636,927
649,227
Trade receivables
125,835
130,776
Current financial assets
27,996
26,253
Other current assets
19,034
16,968
Cash and cash equivalents
3,690
3,317
Total Current assets
176,555
177,314
Total Assets 813,482 826,541
June 30st 2015 December 31st 2014
Equity attributable to shareholders of the company
149,473
146,781
Equity - minority interests
251
1,958
Total Equity
149,724
148,739
Provisions for other liabilities and charges
1,646
2,525
Bank borrowings
556,306
563,651
of which borrowings to Mother company
137,696
171,245
of which borrowings to BV Certification Belgium
206,365
376,595
of which external borrowings
200,000
0
Deferred income tax liabilities
39,841
42,473
Other non -current liabilities
257
1,078
Total Non -current liabilities
598,050
609,728
Trade payables
27,103
27,374
Other current liabilities
36,934
38,523
Bank borrowings
16
17
Other current financial liabilities
1,655
2,161
Total Current liabilities
65,708
68,075
Total Equity and Liabilities
813,482
826,541
in thousands ofO
CONSOLIDATED INCOME STATEMENT
BUREAU VERITAS HOLDING INC.
June 30st 2015 June 30st 2014
Revenue 284,524 259,508
Personnel expenses
External charges
Taxes (other than income tax)
Depreciation and amortization
Provisions for receivables
Provisions for risks and charges
Other operating charges
Group share in result from equity method company
(159, 981)
(147,161)
(84,663)
(72,608)
(1,486)
(1,412)
(12,197)
(11,891)
463
(294)
971
364
(5,781)
(6,065)
159
0
EBIT 22,010 20,441
Net financial indebtness cost (8,735) (8,530)
Other financial cost and income (1,395) (354)
Net Finance Cost (10,130) (8,884)
Income tax
(6,260)
(5,714)
Consolidated Net Result 5,620 5,843
Attributable to
Equity holders of the company 5,620 5,843
mmonnty interests
CONSOLIDATED CASH FLOW STATEMENT
BUREAU VERITAS HOLDING INC.
in thousands of USD
June 30st 2015 June 30st 2014
Cash Flow from operating activities
Net Income
5,620
5,842
Elimination of net income in associates
(159)
Elimination of non cash items
13,222
11,502
Elimination of income tax (corporate & deferred)
6,260
5,714
Elimination of investing and financing operations
8,772
9,155
Changes in working capital
(1,297)
(4,483)
Cash Flow from operating activities
32,418
27,730
Net Cash Flow from investing activities
Purchases of property, plant and equipment
(6,041)
(6,414)
Purchases of non current financial assets
(2,362)
(2,987)
Proceeds from sale of property, plant and equipment
80
33
Proceeds from sale of non current financial assets
0
-
Acquisitions/ Sales of subsidiaries
(2,315)
(35,872)
Net Cash Flow from investing activities
(10,637)
(46,240)
Net Cash Flow from Financing activities
Net increase in borrowings
0
38,752
Net repayment of borrowings
(4,128)
-
Interest paid
(8,735)
(8,530)
Dividends paid
(0)
-
Net Cash Flow from Financing activities
(12,864)
30,222
Income tax
(7,800)
(8,634)
Variation of income tax receivables & payables (without
deferred tax)
(666)
(3,053)
Net Cash Flow from tax
(8,466)
(11,687)
Foreign Exchange effects
(78)
0
Net change in cash & cash equivalents
373
1,026
�► om CERTIFICATE OF LIABILITY INSURANCE 02A9r1Dis
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE 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 iNSORER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. N the cerlifJcate holder Is an ADDITIONAL INSURED, the policy(les) must be en orsed. ff SUBROGATION IS WANED, subject to
the terms and conditions of Ilia policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the e
certificate holder in Ileu of such endorsement(s).
PRODUCER �T
Aon Risk services Northeast, Inc Ao 866-283-1122 � No 800-363 0105 in
ADO Risk services Northeast, Inc E—MAIL O
NY NY Office ADDRES& z
199 water street NAIC#
New York NY 10038-3551 USA INSURER(S) AFFORDING COVERAGE
INSURE3i IL Hartford Fire insurance Co. 39682
INSURED Hartford Underwriters insurance Company 3—M 4
Veritas North America, Inc. INSURER
Bureau 29459
2430 Camino Raman, suite 8122 INSURERC. Twin City Fire Insurance Company
San Ramon CA 94583 USA Trumbull insurance Company 27120
INSURER D.
INSURER E. Hartford Casualty Insurance Cc 29424
Sentinel Insurance any, Ltd 11000
INSURER
CERTIFICATE NUMBER: 570061161718 REVISION NUMBER:"
COVERAGES
TO
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY H THJ0
OR OTHER DOCUMENT WITH
CT TO ALL THEECT
TERMS
THE P000NT� IES DESCRIBED HEREIN B SUBJECT
ANY
INDICATED NOTWIBE THE TERM
ISSUED Y PERTAIN, INSURANCE AFFORDED BY
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAM. Ltrrdte shown are as to uev
EXCLUSIONSAND CONDITIONS
A13POUCYNUMBER MMp�m LIMITS
LTR TYPE OF WSURANCE SD WVO EACH OCCURRENCE Sl, 000,
X CDMMERCULL GENERAL LIABILITY 51,000,<
CLAM MADE 11 OCCUR PRFM19E9 amr oe
MED E(P Ulna one person)
PERSONAL aA13VINJURY $1,000,(
GENERALAOGREGATE 2,000,(
GENLAGGREGATEUUWTAPPUESPER
PRT PRODUCTS COMPIOPAGG SZ, 000, I
POLICY a IpC0. LOC
OTHER: 01/01/2016 01/01/2017 COMBINED SINGLE MITS1, 000 ,
10 As 541202
A AUTOMOBILELIABILITY
ADS
10 AS 541203 01/01/2016 01/0112017 BODILY INJURY i Per perzoni
e X ANYAUTO BOOa.YINJURY(Per ar�erd)
HI
ALLOWNED SCHEDULED
AUTOS PROPERTY DAMAGE
AUTOS
HIREDAUTOS NON -OWNED Per sadden
AUTOS
ULA200632 0 Ol/201601 01/2017 EACHOCCURRENCE
li X UMBRPJLIIUAS X OCCUR AGGREGATE $5,000,
rl EXCESS LIAR CLAIMS MADE
EMPLOYERS'LIABILITY YIN
i OF PPIZ"EUBER xf�LUDED? ECllnVE N N/A
(Nenddory M NH)
Oyes, docribe W,der
DESCRIPTION OFCPERATICW below
K Archlt✓r;ng Prof
IESCRIPTION OF DPERATION // LOCATIONS / VEHICLES (A
E. Plan Review services.
he City, its officers elected or app,
ccordance With the pdiicy provisions
rafessional Liability aQd6e9Ph% Q9AE
ADS
1DNNs41200
01/01/2016
01/O1/2017
ELL EACH ACCIDENT
S1,000,001
AK,]73,S1,N],NY
EL OISELSESLEWL(NEE
E. DISEASE POLICYLMIT
Sl, O00.00
PPL2006 3
O7/2016
D3 0 017
Each C aim
$1,D00,D0
51,$10.00
SIR applies per policy ter
s & condi
Dns
Aggregate
110,00
SIR
al, AddleonYRanrnm eelredu(e, mT be aCached Nmore apes is 0"Ired)
d officialsa in
loyeess agentsheand volunteersEare includedeers a iincludesacoverage�for
e General LIab�ity policy
CERTIFICATE HOLDER
or. Michael' Gates, City Attomey
City of Huntington Beach
Attn Risk Manager
2000 Main St.
Huntington Beach CA 92648 USA
CANCELLATION
__2=aD ANY OF THE ABOVE DESM13ED POLICIES BE cANCEU_FA BEFORE THE
EWRATION DATE THEREOF, NOTICE Wal BE OEUVERED IN ACCORDANCE WiTH THE
POLICYPROVISIDN3
66
%;;o M%IdlsellM W ✓!'
M988-2014 ACORD CORPORATION All rights reserved
ACORD 25 (2014i01) The ACORD name and logo are registered marls; of ACORD
xB -251- Item 11. - 27
Akk.� ADDITIONAL REN
AGENCY
Aon Risk Services Northeast, Inc
POLICY NUMBER
See Certificate Number 570061161718
CARRIER NAIC CODE
See Certificate Number. 570061161718
ADDITIONAL REMARKS
AGENCY CUSTOMER ID 570000048582
LOC #
ARKS SCHEDULE
NAMED INSURED
Bureau veritaS North America, Inc
EFFECTIVE DATE
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER ACORD 25 FORM TITLE Certificate of Liability Insurance
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER
G Property & Casualty Ins Co of Hartford
34690
INSURER
H Hartford Insurance Co Of The southeast
38261
INSURER
I Hartford Accident & Indemnity Company
22357
INSURER
]. Hartford Ins Co of the Midwest
37478
Page- _ of _
ADDITIONAL POLICIES If a policy below does not include Imnt information, refer to the corresponding policy on the ACORD
certificate form for policy hnuts
INN
1XR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICYNDMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YYYI)
POLICY
EX ATF ON
DATF
(MM/DD/YYYI)
LRVM
WORKERS COMPENSATION
B
N/A
IOWNS41200
HI, MA
01/01/2016
01/01/2017
I
N/A
lOWNs41200
AZ CA GA KY MI MN MT NE i
01/01/2016
01/01/2017
F
N/A
IOWNS41200
IA
01/01/2016
01/01/2017
E
N/A
IOWNS41200
NC
01/01/2016
01/01/2017
A
N/A
IOWNS41200
FL,ND,OH,WA
01/01/2016
01/01/2017
H
N/A
lOWNs41200
PA
01/01/2016
01/01/2017
G
N/A
lOWNS41200
DE,LA,VT
01/01/2016
01/01/2017
C
N/A
IOWBRS41201
WI
01/01/2016
01/01/2017
ACORD 101 (2008101) ® 2008 ACORD CORPORATION All rights reserved
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID 570000048582
LOC #
`4 �® ADDITIONAL REMARKS SCHEDULE
Page _ of _
AGENCY
Aon Risk services Northeast, Inc
NAMEDINSURED
Bureau Veritas North America, Inc
POLICY NUMBER
see Certificate Number 570061161718
CARRIER
see Certificate Number 570061161718
NAIC CODE
EFFECTIVE DATE
AnnITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER ACORD 25 FORM TITLE Certificate of Liability Insurance
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER K Allianz Global Risks us Insurance CO.
35300
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits
INSR
LTR
TYPE of INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
Policy
EFFECTIVE
DATE
(MMMD/YYYY)
POLICY
EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS
ACORD 101 (2008/01) V ZUUtl AL UKU GUKYUKAI IUIV An ngnrs rese"eu
The ACORD name and logo are registered marks of ACORD
t
Bid Results for Project Fire inspection and plan review services (2015-0625)
issued on 06/25/2015
Bid Due on July 21, 2015 4 00 PM (Pacific)
Exported on 07/21/2015
Bidder Info
VendorlD Vendor Name Address
345900 Hayer Consultants, Inc
223296 Interwest Consulting Group
255364 Bureau Veritas
198797 AIM Fire and Safety
374094 CSG Consultants, Inc
376274 Jensen Hughes
Respondee Title
Respondee Phone
Vice President
562-377-1678 Ext
Director of Municipal Services 714-975-9048Ext 9048
Director of Operations
714-431-4100 Ext
Owner
562-472-8568 Ext
Fire Services Manager
714-568-1010 Ext
Associate
714-450.1700 Ext 70007
4067 Hardwick Street PM8 250
15061 Springdale Street
180 Promenade Circle, Suite 150
6711 Pimlico Circle
801 Park Center Drive
2099 S State College Blvd
Respondee Email
hayer@hcipc com
tdzmura@interwestgrp com
Patrick field@us bureauverltas com
almfireandsafety@local rr com
rays@csgengr com
mmershimer@jensenhughes com
Address city
State
ZlpCode
Country Vendor Tyl Respondee
Lakewood
CA
90712 United States
Navdeep 'Soni'K Hayer
Suite 205 Huntington Beach
CA
92649 United Star Local
Tim D'Zmura
Sacramento
CA
95834 United States
Patrick Field
HUntington Beach
CA
92648 United Star Local
John J Dompke
Suite 230 Santa Ana
CA
92705 United States
CSG Consultans, Inc
Anaheim
CA
92806 United States
Mathew Mershimer
Bid Amount Format
Bid Submit Date Bid Status
Responsive Buyer Comment
$000 Electronic
7/21/2015 15 46 Submitted
$000 Electronic
7/17/2015 1459 Submitted
$000 Electronic
7/21/2015 8 05 Submitted
$000 Electronic
7/21/201513 43 Submitted
$000 Electronic
7/21/2015 15 02 Submitted
$000 Electronic
7/20/2015 13 09 Submitted
� CITY OF HUNTIIVGTON BEACH
INTER -DEPARTMENT COMMUNICATION
To Joan L Flynn, City Clerk
From Bill Reardon, Division Chief / Fire Marshal
Date April 12, 2016
SUBJECT: Request City Council Agenda Item Continuance to May 2, 2016
At the April 4, 2016 Huntington Beach City Council meeting, City Council continued Item
#10 on the agenda to the April 18, 2016 meeting The item was entitled
Approve Professional Services Contracts for Fire Prevention Inspection
and Plan Review Services for Bureau Ventas North Amenca, Inc in the
Amount of $720, 000 and Jensen and Hughes, Inc in the Amount of
$180, 000, and, Approve Additional Appropnation for as -needed General
Environmental Engineenng and Plan Check/Fire Inspection Services
Staff needs additional time to process the item, and with the concurrence o f City
Manager Fred Wilson, staff requests this Item be continued to the May 2, 2016 City
Council meeting
4°0 00 f6 t/6, 2) w.c- (21 �nN11 9.)cA-�
�V S/2-/20%6
�/d
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
To Joan L Flynn, City Clerk
From Eric Engberg, Interim Fire Chief
Date March 25, 2016
SUBJECT: City Council Agenda Item Continuance to April 18, 2016
At the March 21, 2016 Huntington Beach City Council meeting, Mayor Katapodis and
Council Member Peterson asked that staff bring back additional information related to
Item #8 on the agenda The item was entitled Approve Professional Services
Contracts for Fire Prevention Inspection and Plan Review Services for Bureau Ventas
North Amenca, Inc in the Amount of $720, 000 and Jensen and Hughes, Inc in the
Amount of $180,000, and, Approve Additional Appropnation for as -needed General
Environmental Engineenng and Plan Check/Fire Inspection Services
A motion was made and approved to bring the item back at the April 4, 2016 City
Council meeting Part of the motion was for staff to meet with the Mayor and Council
Member Peterson We are working with Cathy Fikes to schedule that meeting for the
week of April 4, 2016, when Finance Director Lori Ann Farrell returns to work
I discussed this continuance with City Manager Fred Wilson and he approved of moving
the item to the April 18, 2016 City Council Meeting Mr Wilson also asked me to let you
know for agenda purposes
Please let me know if there is any more information you need
d \program files\neevia com\document converter\temp\120360 docx
Item 10. - 1 HB -224-
1A) .J
Dept ID FD16 002 Page 1 of 3
Meeting Date 3/21/2016
Y
r �'n
1xCITY OF •
REQUEST• ' CITY COUNCILACTION
MEETING DATE: 3/21/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Eric Engberg, Interim Fire Chief
SUBJECT. Approve Professional Services Contracts for Fire Prevention Inspection and Plan
Review Services for Bureau Veritas North America, Inc in the Amount of
$720,000 and Jensen Hughes, Inc in the Amount of $180,000, and, Approve
Additional Appropriation for as -needed General Environmental Engineering and
Plan Check /Fire Inspection Services
(Continued from March 7, 2016)
Statement of Issue
The Fire Department requires professional fire prevention inspection and plan review services on
an as -needed basis To provide these services, two qualified firms have been selected and
contract approval is requested The Department also requests an additional appropriation of
$325,000 for professional environmental engineering and plan check/fire inspection services The
services are critical to keeping pace with the extensive development occurring in the community
Financial Impact
The recommended action is primarily cost -neutral since these expenditures are reimbursed by
developers and also offset by revenue generated from cost recovery fees
Recommended Action
A) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract
between the City of Huntington Beach and Bureau Veritas North America, Inc for Fire
Prevention Inspection and Plan Review Services,
B) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract
between the City of Huntington Beach and Jensen Hughes, Inc for Fire Prevention
Inspection and Plan Review Services, and
C) Approve an appropriation of $325,000 to the Fire Prevention business unit
(10065201 69365) Funding will be allocated on an incremental basis as needed, based on
development project demands
Alternative Action(s)
Do not authorize one or both of the contracts or approve the additional appropriation and provide
staff with alternative direction
Analysis
Applicants who submit development projects to the City pay fees for plan checks and inspections
and expect reasonable service levels When City staff can no longer meet demands of increased
development activity, these services have historically been supplemented with professional fire
Item 8. - 1 HB -130-
Dept ID FD16 002 Page 2 of 3
Meeting Date 3/21/2016
prevention Inspection and plan review services This approach is a cost effective method of closing
the gap between the demands for these services and the ability of City staff to meet this demand
Typical fire prevention inspection and plan review services include
• Perform field inspections of operational fire permits, fire protection systems, fire master
plans, and architectural plans to ensure compliance with applicable codes, specifications,
and City standards
• Provide all necessary liaisons with applicant business owners, City representatives, Fire
Marshal, etc
• Perform plan review consultations
• Determine plan compliance with applicable codes, specifications and City standards
• Submit list of items requiring correction to achieve conformance with City regulations
• Provide written reports of findings and recommendations
• Provide representation at meetings related to fire inspections and plan reviews with
customers and City staff as requested by the Fire Marshal or designee
Development activity that the Fire Department processes has increased tremendously Examples
of significant current and upcoming projects that require these inspection and plan review services
include, but are not limited to, the Hilton Hotel expansion, Pasea Resort and Spa, Pacific City
retail/residential projects and many large residential projects
In compliance with Chapter 3 03 of the Municipal Code, proposals for these services were
requested and the following six firms responded
1 Aim Fire and Safety
2 Bureau Veritas North America, Inc
3 CSG Consulting, Inc
4 Jensen Hughes, Inc
5 Hayer Consultants, Inc
6 Interwest Consulting Group
The following subject matter experts from City departments evaluated and ranked the proposals
Building Manager, Assistant Fire Marshal, Fire Protection Analyst The ranking criteria included
• Compliance with RFP requirements
• Technical approach
• Qualifications and experience of firm, key individuals and sub -consultants
• Clarity
• Local Vendor Preference
• Cost
• References
The selection process included a review of the written proposals, followed by an in depth interview
with each of the companies After conducting all of the interviews and completing the entire
evaluation process, including reference checks, the committee determined that Jensen Hughes,
Inc and Bureau Veritas North America, Inc are the most qualified firms to meet the needs of the
City This was based on their experience in providing the requested services, methodology, and
depth and expertise of staffing
Bureau Veritas North America, Inc has provided these services to the City for eight (8) years and
has a proven record of accomplishing this work in a complete and timely manner They are also
Hs -131- Item 8. - 2
Dept ID FD16 002 Page 3 of 3
Meeting Date 3/21/2016
very familiar with government procedures, ordinances, specifications and other requirements as
they currently provide services to over 50 cities in California
Jensen Hughes, Inc has extensive experience, expertise and very robust staffing levels, Including
up to 60 associates available for plan check and Inspection services to help the City provide timely,
high quality and effective customer service This firm also provides an opportunity for the City to
expand its pool of fire prevention inspection and plan review firms beyond Bureau Veritas, Inc
The proposed fees for each of the firms are shown below Although some bidders had lower
pricing than the two recommended firms, their levels of expertise, depth of staffing, turn -around
times, and other qualifications were not as extensive as offered by Bureau Veritas, Inc and Jensen
Hughes, Inc
CSG
Jensen
Hayer
Interwest
Consulting,
Bureau
Hughes,
Consultants,
Aim Fire
Consulting
Inc
Ventas, Inc
Inc.
Inc
and Safety
Plan Review Services
$95/hr
$85/hr
$115/hr
$110/hr
$65/hr
$100/hr
Inspection Services
$95/hr
$85/hr
$90/hr
$110/hr
$75/hr
$100/hr
Each of the two proposed contracts is for a three-year term Based on projected project plan
review and inspection needs, the agreement with Bureau Veritas North America, Inc will have an
amount not to exceed $720,000 The contract with Jensen Hughes, Inc will be for $180,000 The
total for both contracts will be $900,000 or approximately $300,000 for each year of the three years
of the proposed agreements In order to meet the demand for these services, approval of the
attached contracts is recommended
The Department is also requesting an additional appropriation for professional environmental
engineering and plan check/fire inspection services The current funding for FY 2015/16 is
$238,635 and is anticipated to be exhausted by the end of the second quarter of the fiscal year due
to current development activity An appropriation of $325,000 to the Fire Prevention business unit
(10065201 69365) is requested These expenditures are primarily cost -neutral since these services
are reimbursed by developers and also offset by General Fund revenue generated from cost
recovery fees In FY 2013/14, the year-end expenditure reached $286,000 and for FY 2014/15 it
was $427,000 The additional allocation is needed to continue providing development related
services in the community
Environmental Status
None
Strategic Plan Goal
Improve quality of life
Enhance and maintain infrastructure
Strengthen economic and financial sustainability
Enhance and maintain public safety
Enhance and maintain City service delivery
Attachments)
A) Professional Services Contract between the City of Huntington Beach and Bureau
Veritas North America, Inc for Fire Prevention Inspection and Plan Review Services
B) Professional Services Contract between the City of Huntington Beach and Jensen
Hughes, Inc for Fire Prevention Inspection and Plan Review Services
Item 8. - 3 HB -132-
Dept ID FD16 002 Page 1 of 2
Meeting Date 3f7/2016
l 77/t/cc�� i-0 -31 / M,-�77AJd _ -7 -0
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 3/7/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Eric Engberg, Interim Fire Chief
SUBJECT: Approve and authorize execution of Professional Services Contracts for Fire
Prevention Inspection and Plan Review Services with Bureau Veritas North
America, Inc in the amount of $720,000 and with Jensen Hughes, Inc in the
amount of $180,000, and, approve additional appropriation in the amount of
$325,000 for As -Needed General Environmental Engineering and Plan Check
/Fire Inspection Services
Statement of Issue
The Fire Department requires professional fire prevention inspection and plan review services on
an as -needed basis To provide these services, two qualified firms have been selected and
contract approval is requested The Department also requests an additional appropriation of
$325,000 for professional environmental engineering and plan check/fire inspection services This
funding is critical to keeping pace with the extensive development occurring in the community
Financial Impact
The recommended action is primarily cost -neutral since these expenditures are reimbursed by
developers and also offset by revenue generated from cost recovery fees
Recommended Action
A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and Bureau Veritas North America, Inc for Fire Prevention
Inspection and Plan Review Services," and,
B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and Jensen Hughes, Inc for Fire Prevention Inspection and
Plan Review Services," and,
C) Approve an appropriation of $325,000 to the Fire Prevention business unit (10065201 69365)
Funding will be allocated on an incremental basis as needed, based on development project
demands
Alternative Action(s)
Do not authorize one or both of the contracts or approve the additional appropriation and provide
staff with alternative direction
xs -225- Item 11. - 1
Dept ID FD16 002 Page 2 of 2
Meabng Date 3l712016
Analysis
Applicants who submit development projects to the City pay fees for plan checks and inspections
and expect reasonable service levels When City staff can no longer meet demands of increased
development activity, these services have historically been supplemented with professional fire
prevention inspection and plan review services This approach is a cost effective method of closing
the gap between the demands for these services and the ability of City staff to meet this demand
Typical fire prevention inspection and plan review services include
• Perform field inspections of operational fire permits, fire protection systems, fire master
plans, and architectural plans to ensure compliance with applicable codes, specifications,
and City standards
• Provide all necessary liaisons with applicant business owners, City representatives, Fire
Marshal, etc
• Perform plan review consultations
• Determine plan compliance with applicable codes, specifications and City standards
• Submit list of items requiring correction to achieve conformance with City regulations
• Provide written reports of findings and recommendations
• Provide representation at meetings related to fire inspections and plan reviews with
customers and City staff as requested by the Fire Marshal or designee
Development activity that the Fire Department processes has increased tremendously Examples
of significant current and upcoming projects that require these inspection and plan review services
include, but are not limited to, the Hilton Hotel expansion, Pasea Resort and Spa, Pacific City
retail/residential projects and many large residential projects
In compliance with Chapter 3 03 of the Municipal Code, proposals for these services were
requested and six (6) firms responded Representatives from City departments ranked the
proposals based on qualifications, experience and references Upon final review, it was determined
that Bureau Ventas North America, Inc and Jensen Hughes, Inc will best meet the needs of the
City Each of the two proposed contracts is for a three-year term Based on projected project plan
review and inspection needs, the agreement with Bureau Ventas North America, Inc will have an
amount not to exceed $720,000 The contract with Jensen Hughes, Inc will be for $180,000 The
total for both contracts will be $900,000 or approximately $300,000 for each year of the three years
of the proposed agreements In order to meet the demand for these services, approval of the
attached contracts is recommended
The Department is also requesting an additional appropriation for professional environmental
engineering and plan check/fire inspection services The current funding for FY 2015/16 is
$238,635 and is anticipated to be exhausted by the end of the second quarter of the fiscal year An
appropriation of $325,000 to the Fine Prevention business unit (10065201 69365) is requested
These expenditures are primarily cost -neutral since these services are reimbursed by developers
and also offset by revenue generated from cost recovery fees In FY 2013/14, the year-end
expenditure reached $286,000 and for FY 2014/15 it was $427,000 The additional allocation is
needed to continue providing development related services in the community
Environmental Status None
Strategic Plan Goal Enhance and maintain public safety
Attachments)
1 Professional Services Contract between the City of Huntington Beach and Bureau Veritas
North America, Inc for Fire Prevention Inspection and Plan Review Services
2 Professional Services Contract between the City of Huntington Beach and Jensen Hughes,
Inc for Fire Prevention Inspection and Plan Review Services
Item 11. - 2 xs -226-
AM comm
ATTACHMEN01
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BUREAU VERITAS NORTH ANIERICA, INC
FOR
FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and Bureau Veritas North America, Inc, a Delewere Corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide fire prevention
inspection and plan review services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform 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 Patrick Field 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
perfomnance of this Agreement.
agmd surf w0dassional Svcs mayor 1 of 11
10/12
Item 11. - 39 HB - 1 80-
3. TERK TINIE OF PERFORMANCE
Time is of the essence of this Agreement, The services of CONSULTANT are to
commence on , 20 (the "Commencement Date") This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no
later than three years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "A" which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed seven hundred and twenty thousand dollars Dollars ($720,000).
5. EXTRA WQRK
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."
egree/ sur&eUprnfesMonal secs mayor 2 of 11
iai2
HB -1 s 1- Item 11. - 40
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.
g, HQID 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)
arI sing 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 woxlc performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than. One Million Dollars
ag W surftVprofrssional svra mayor 3 of 11
10/12
Item 11. - 41 HB -182-
($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 tunduate 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
famish 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:
Aped surfneNprda4slonal Svcs mayor 4 of 11
1o11z
xB -183- Item 11. - 42
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 wntten 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. TERN NATION OF AGREEMEM
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
agred surf d/professiond svrs mayor 5 of 11
10112
Item 11. - 43 HB -184-
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. COPYRIGETSMATENTS
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
agrad smf=Vpro*ssianW aura mayor 6 of 11
10/12
HB -1 s5- Item 11. - 44
other communications will be sent by notifying the other party via personal delivery, a reputable
ovemight camer or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN. Fire Chief
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Bureau Verhas North America, Inc.
1601 Sawgrass Corporate Parkway,
Suite 400
Sunrise, FL
33323
ATTN: Isam Hasenin
When CTTY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consentlapproval 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 m
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 AGREF� I
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
aged svdneL'pIdW91 1 Svcs mayor 7 of 11
10/12
Item 11. - 45 HB -186-
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the rema,n1 9
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
nutter 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 hmited 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. )Nm-GRA.TION
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
egmv/ HW*WVPMr=I" eves ma)W 8 of 11
10112
HB -187- Item 11. - 46
CITY; and CITY shall not be liable ibr 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 ofthis Agreement or to secure the performance hereog 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. GOVERNNG LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of Califomia.
27. SIGNATORMS
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:br 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. FtM TY
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 parWs behalf, which are not embodied in this
agmd su&CUpro&ssional Svcs mayor 9 of 11
10112
Item 11. - 47 HB -188-
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 WnMSS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
ages/ Surfne PdCasional Svcs mayor 10 of 11
10/12
HB -189- Item 11. - 48
CONSULTANT,
Bureau Veritas North America, Inc.
CoheANYHOM
By:Z7�c
her « {-
printnema
rrs: (circle one) ChehmSnlP '"me Pm
AND
By, K7 0
prktnme
ITS: (circle one) SearotaroChief Fbmdal Ofdc out,
scentery- TYcu=r
C= OF HUNIINGTON BEACH, a
municipal corporation of the State of
Califomia
Mayor
City Clerk
IN1 MTED AND APPROVED:
CL- �• y
Fire Chief
REVIEWED AND APPROVED:
CityManager
Igrw SurlSotlpmSmSicnal Svcs mom 11 Of 11
IO/iz
2 i0(J14
Item 11. - 49 HB -190-
Exhibit A
A STATEMENT OF WORK,
CONSULTANT shall provide fire inspection and plan review services for the City of
Huntington Beach Fire Department
B. CONSULTANTS DUTIES AND RESPONSIBILITIES.
1. Fire inspections
a. Perform fire prevention field inspections of operational fire permits, fire protection
systems, fire master plans, and architectural plans (fire/life-safety) to confirm
compliance with applicable codes with amendments and City specifications as
adopted by the city of Huntington Beach.
b. Perform all necessary liaisons with applicant, business owner/representative, City
Staff, Fire Marshal, or designee.
c. Log fire prevention activities into fire department records management system and
City permit software.
d. Complete fire prevention activity reports.
e. Regularly meet with Fire Marshal or designee.
f. Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee.
g. Perform extra work as needed when requested by the Fire Marshal or designee.
2. Plan Reviews Services
a. Perform preliminary plan review consultations.
b. Perform plan reviews to determine compliance with applicable codes, standards, and
City specifications as adopted by the City of Huntington Beach.
c. Plan reviews shall be project specific and comply with the maximum City turnaround
time of;
1. Within 10 business days for first submittal.
ii Within 7 business days for second submittal
iii. Within 5 business days for third and subsequent submittals.
iv. As approved by the Fire Marshal or designee, plan review turnaround standards
may be extended based on mitigating circumstances (e.g incomplete submittal).
HB -191- Item 11. - 50
d. Under circumstances and as required by the Fire Marshal or designee, plan reviews
may need to be performed using what is commonly referred to as an 'over the
counter" method.
e. Provide a list of items (corrections) needing clarification or change to achieve
conformance with City regulations.
f. Perform plan reviews of revisions to plans that have been previously approved for
permit issuance.
g. Perform all necessary liaisons with applicant, business owner/representative, City
staff, Fire Marshal, or designee.
h. Log fire prevention activities into fire department records management system and
City permit software
i Complete fire prevention activity reports.
j Regularly meet with Fire Marshal or designee
k Perform extra work as needed when requested by the Fire Marshal or designee.
I. Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Establish a schedule for conducting Fire Inspections.
2. Provide plans for review on an as needed basis and establish completion schedules.
3 Provide inspection and plan review activity report.
4 Timely payment of invoices upon receipt and approval.
D. WORK PROGRAM/PROJECT SCHEDULE.
As needed
Item 11. - 51 xB -192-
Methodology
implementation Plan
Bureau Veritas' team will familiarize themselves with the requirements of the City of Huntington
Beach before beginning a review.
Bureau Veritas will work to ensure that submittals are properly coordinated and tracked by
following an established internal plan check coordination process In which each plan received
for review, entered into their Deltek database, processed and returned on time to the City. Their
plan tracking procedures are designed to track each submittal throughout the review process
and maintain accurate and comprehensive records for each submittal. To accomplish this they
Screen and log each application to assure that they are routed to all plan reviewers in a
timely manner.
Submittals are reviewed for compliance with all relevant state and City requirements
The log serves as a tracking device to assure turnarounds and completeness of the
review.
Plan reviews will be done in accordance with local, state and federal regulations with
which local jurisdictions are mandated to enforce as well as all codes and ordinances in
effect by adoption at the time of plan review. Preliminary consultations will be provided to
the applicant upon request, to assist and guide them In the design and plans preparation
process
Information shown on each permit application is verified. Construction valuation is based
on information provided by the City and compared to estimates provided by the
applicant.
Bureau Veritas assures that corrections are handled as quickly and as dearly as
possible. Their goal is to help the applicant through the plan review process. All
corrections are identified based on compliance with specified codes and regulations.
Generally, corrections are identified In two ways. Notes are made on plans as appropriate and a
correction sheet is generated detailing what items need to be addressed before plans can be
approved The City shall approve the development of any customized correction sheets.
Correction sheets for specific projects shall be forwarded to the City along with a cover memo
containing at least the following.
The date(s) plans were received and reviewed by our firm
The date(s) the applicant was notified of completed plan reviews
The name and telephone number of the applicant
During the plan review process, Bureau Veritas is prepared to meet with the applicant or
archRect/engineer, City employees or consultants at any time. Telephone discussions or
HB -193- Item 11. - 52
Exhibit A.1
Page 2
meetings at project sites are welcomed to assure that any plan review issues are handled
efficiently. They propose to meet at the offices of the Fire Prevention Division or at a particular
project site. Their goal is to issue approved plans as quickly as possible but in full compliance
with laws, codes, ordinances and regulations Upon completion of the plan review, the following
Information package is prepared and logged as a minimum:
Completed plan review documents which include sign -offs
Transmittal letter documenting any conditions associated with issuance of a permit, if
any
Marked up plan review documents -
Two sets of approved plans
Backup documents and reports
All documents shall be provided in a format desired by the City
Achieving Client Satisfaction
Bureau Veritas understands the importance of working successfully with applicants In order to
make applicants happy while also verifying compliance and safety. To ensure success in
providing plan review and inspection services, their approach depends on three key factors.
1. Working effectively and cooperatively with City staff, designers, and applicants
2. Providing qualified, certified and properly trained turnkey staff
3. Providing timely review and return of plans
4. Providing plan review and Inspection comments in a comprehensible format
Detailed Project Schedule
Bureau Veritas will perform plan review services within the timeframes specified below:
First Submittal 10 business days
Second Submittal 7 business days
Third and Subsequent Submittals 5 business days
As approved by the Fire Marshal or designee, plan review turnaround standards may be
extended based on mitigating circumstances (e g. Incomplete submittal, large or complex
projects, etc.)
Expedite plan review can be provided for an additional fee. Expedite review will depend on the
size and nature of the submittal and can be negotiated on a project -by -project basis.
Item 11. - 53 HB -194-
Exhibit A.1 Page 3
Key Deliverables
Bureau Veritas' deliverables include, but are not limited to:
Performing fire inspections and plan reviews
Submitting clear and boncise correction lists to the City for distribution to the project
applicant/designer
Responding to telephone inquiries from City staff and permlt,appiicants regarding review
comments
Performing recheck reviews on projects to ensure plan corrections have been resolved
satisfactorily, including face-to-face meetings at our local BVNA office
Recheck appointments are guaranteed to be scheduled within 48 hours of request
Stamping plans "approved"for compliance with applicable codes
Returning approved plans to City Fire Department office
Meeting the City's minimum review turnaround timeframes to maximize customer service
Summary of City Expectations
Documented internal policies and procedures in providing our services
Maintenance of forms and documents on behalf of the City
Centralized handling of all plan submittals
Electronic project tracking and plan review services using our award -winning web -based
document control system
Availability to serve any City clients as directed by the City
Ability to schedule face4o-face meetings with project team members for rechecks or
revisions of approved plans at their local office within 48 hours of the request
Expedited plan review when requested
Regular transmittal of activity to City staff
Ability to review plans electronically to create a paperless environment
Up-to-date files kept at our offices until transferred to the City and/or applicant
Ability to assign quality, multi -faceted staff at City offices, 9 desired
Plan reviewers that are generally cross -trained in inspections who can serve as backup
to the City's Inspection staff should the need arise
HB -195- Item 11. - 54
Exhibit A.1
Page 4
Transmittal of Plans and Correction Lists
Bureau Vedtas assumes responsibility for the pickup and return of plans All plans shall be
picked up from the City offices within 24 hours of notification. Should the volume of work be
sufficient, they propose to establish regular pick up of plans on a consistent basis They will also
utilize shipping courier, at no additional cost to the City.
Upon completion of each plan review, they will forward a copy of the correction list to the City by
mall. When corrected plans are resubmitted, the previous procedure will be followed or the
applicant may schedule an office visit to go over any corrections in person. When plans are
completed they are stamped, signed and forwarded by Bureau Veritas staff. Their transmittai
forms are customized for use unique to the City.
Item 11. - 55 HB -196-
EXHIBIT ` 3"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. BflEM
1. All billing shall be done m—cmthiy 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
A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall;
A) Reference this Agreement,
B) Describe the services performed,
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT'S film that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of 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 RxIdbit "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.
1
Exhibit B
HB -197- Item 11. - 56
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 parries
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement,
2
Exbibit B
Item 11. - 57 HB -198-
Exhibit B-1
City of Huntington Beach Fire Department
Fire Prevention Inspection and Plan Review Services
F Fee Proposal
Schedule of Fees
Our pricing reflects our commitment to the success of your project by helping you maintain significant quality
and cost saving benefits moving forward
These Include:
• Reduced plan review turnaround times and quick inspection response time
• Commitment to maintain a proposed rate structure for the life of the initial contract period
• Highly qualified staff
• Confidence of working with a well -established consultant In business for 185+ years
• Next day inspections
• Same day inspections for urgent matters
Hourly rates forproject personnel are outlined below:
C+Off 1 aw- n1a0elfl—R— U—.h.
Fire Marshal $130
Fire Protection Engineer/Plans Examiner $115
Fire inspector $90
Other Services, If Requested
Building Official
$160
Senior / Structural Plan Check Engineer
-,, $130
M/E/P Plan Check Engineer
$120
[CC Certified Plans Examiner
$110
Supervising Inspector
$95
Inspector Il
$80
Inspector 1
$75
Permit Technician
$65
Resident Engineer
$140
Public Works Plan Check Engineer
$125
Public Works Inspector
$90
Engineering Technician
$65
*Pricing assumes that this contract is non -prevailing wage - for any prevailing wage projects, BVNA
will discuss rates with the City to account for the California Prevailing Wage requirements.
Overtime: All Employees classified as "non-exempt" by the U S Department of Labor will be compensated
at 1-1/2 times salary for overtime hours as per State and. Federal wage and hour laws. No overtime will be
charged without prior consent
This fee proposal is valid for the first contract year and Is subject to annual review and adjustrnen4 with the
approval of the City.
20
7/21/2015
xB -199- Item 11. - 58
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Risk Management - Justin Wessels
2. Date: 2/16/16
3. Name of contractor/permittee: Bureau Verhas North America, Inc.
4. Description of work to be performed: Fire plan review and inspection consulting services
5. Value and length of contract: 3 years
6. Waiver/modification request: $10 000 SIR on General liability policy
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 waiverlmodification. N/A
z 16 16
Department Head Sig ure Date:
APPROVALS
Approvals must be obtained In the order listed on this form. Two approvals are required
for a request to be granted. Approval frorQthe City Administrator's Office is only required If
Risk Management a City Attorney's Office disagree,
1. k Management
Approved ❑ Denied ✓-� /�
Signatur Date
2. City Attorney's Office
❑ Approved ❑ Denied
Signature15ate
3. City Manager's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorneys 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
Item 11. - 59 mce Walver Form (1) doc HB -200-
Z11 Wul a a uo uu ruvI
CONSOLIDATED BALANCE SHEET
BUREAU VERITAS HOLDING INC.
in fhousands of USD
Goodwill
Intangible assets
Tangible assets
Deferred income tax assets
Other non -current financial assets
Total Non -current assets
June 30st 2015 December 31st 2014
492,134
492,749
86,797
95,049
48,871
51,437
1
631
9,124
9.360
636,927
649,227
Trade receivables
125,835
130,776
26,253
Current financial assets
27,996
19,034
16,968
Other current assets
3,690
3,317
Cash and cash equivalents
176,665
177,314
Total Current assets
Total Assets
813,482
826,641
June 30st 2015
December 31st 2014
Equity attributable to shareholders of the company
149,473
146,781
Equity - minority Interests
251
149,724
1,958
148,739
Total Equity
Provisions for other liabilities and charges
1,646
2,525
563,651
Bank borrowings
556,306
137,696
171,245
of which borrowings to Mother company
206,365
376,595
of which borrowings to BV Cerfcabon Belgium
0
of which external borrowings
200,000
39,841
42,473
Deferred income tax liabilities
257
1,078
Other non -current IiabiGtles
698,050
609,728
Total Non -current liabilities
Trade payables
27,103
36,934
27,374
38,523
Other current Iiabilities
16
17
Bank borrowings
Other current financial liabilities
1,655
2,161
Total Current liabilities
66,708
68,076
Total Equity and Liabilities
813,482
826,641
HB -201- Item 11. - 60
in thousands g=
CONSOLIDATED INCOME STATEMENT
BUREAU VERITAS HOLDING INC.
June 30st 2015 June 30st 2014
Revenue 284,624 259,508
Personnel expenses
External charges
Takes (other than income tax)
Depreciation and amortization
Provisions for receivables
Provisions for risks and charges
Other operating charges
Group share in result from equity method company
(159,981)
(147,161)
(84,663)
(72,608)
(1,486)
(1,412)
(12.197)
(11,891)
463
(2�4)
971
364
(5,781)
(6,065)
159
0
EBIT 22,010 20,441
Net financial mdebtness cost (8,735) (8,530)
Other financial cost and income (1,395) (354)
Net Finance Cost (10,130) f8,884)
Income tax
(6,260)
(5,714)
Consolidated Net Result 6,620 5,843
Attributable to
Equity holders of the company
minority interests
5,620
5,843
Item 11. - 61 HB -202-
CONSOLIDATED CASH FLOW STATEMENT
BUREAU VERITAS HOLDING INC.
In thousands of USD
June 30st 2016 June 30st 2014
Cash Flow from operating activities
Net Income
5,620
5,842
Elimination of net income In associates
(159)
Elimination of non cash Items
13,222
11,502
Elimination of Income tax (corporate & deferred)
6,260
5,714
Elimination of investing and financing operations
8,772
9,155
Changes In working capital 1
(1,297)
(4,483)
Cash Flow from operating activities
32,418
27,730
Net Cash Flow from Investing activities
Purchases of property, plant and equipment (6,041) (6,414)
Purchases of non current financial assets (2,362) (2,987)
Proceeds from sale of property, plant and equipment 80 33
Proceeds from sale of non current financial assets 0
Acquisitions/ Sales of subsidianes (2,315) (35,872)
Net Cash Flow from investing activities 10,637) (46,240)
Net Cash Flow from Financing activities
Net increase in borrowings
0
38,752
Net repayment of borrowings
(4,128)
-
Interest paid
(4735)
(8,530)
Dividends paid
(0)
-
Net Cash Flow from Financing activities
(12,864)
30,222
Income tax
(7,800)
(8,634)
Variation of income tax receivables & payables (without
deferred tax)
(fig)
(3,053)
Net Cash Flow from tax
(8,465)
(11,687)
Foreign Exchange effects
V8)
0
Net change in cash & cash equivalents
373
1,026
xB -203- Item 11. - 62
OF LIABILITY INSURANCE °z09rz°'6
�► CERTIFICATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
ALTER THE COVERAGE AFFORDED BY THE POLICIES
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR
BETWEEN THE ISSUING INSVRER(S), AUTHORIZED
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
ADDITIONAL INSURED, the pollcy(les) must - endorsed. If SUBROGATION IS WANED, subject to
IMPORTANT. If the ceriiflcate holder is an
terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
e
the
cerliflcate holder In 11e11 of such endorsement(s).
y
CONTACT
E•
d
PRODUCER
Aon Risk Services Northeast. Inc AI , 866-283-T122 � No 800-3G3-DlaS
No
4
ADn Risk services Northeast, Inc MAIL C-
n
Z
NY NY office
199 water street NAICa
New York NY 10038-3551 USA INSURERiG)AFFORDING COVERAGE
INSURER A. Hartford Fire insurance Co. 19682
30104
INSURED p
Bureau veritas North America. Inc. tusuRERa• Hartford Underwriters insurance Company 29459
2430 Camino Ramon, Suite 4122 INSURERC. Twi n ty Fire Insurance Company
San Ramon CA 94583 USA INSURER D. Trumbull insurance Company 27120
INSURER Hartford Casualty Insurance CD 29424
INSURER Sentinel insurance any, Ltd 11000
, TERM OR
' FICATE MAY REISSUED OR MAY EPERR IN, THE IN URAt
, 1e1l11d4 sun cnNOITIONS OF SUCH POLICI£a LIMITS SHO
LTR
TYPE OF INSURANCE
X
COMNERMALGENERALLUIBILITY
CLAM MADE x� occuR
GENLAGOREGATE
U�OTAPPUES PER
��
POLICY �JECT
OTHER.
A
AUTOMOSILELIABILDY
B
X ANYAUTO
SCHEDULED
AUTOS
NON -OWNED
LMRE:DAUTOSAUTOS
X R X OCCUR
K
CLAIMS MADE
OED I X IRETENTION SID DUO
D
WORKERS CONPENSATIONAND
EMPLOWRVLIABILITY YIN
ANYPROPRIETORIPAMERIEXWnVE N
OPFWX MELIBEiR9=UD®7
planddM In NMI
Iyea, daeafia Urdar
DESCRIPTION OF OPERATIONS below
K
ArdntdEng Prof
JIA
DE6GHIP IIVIII ur urgw,.v.�a. �.•—^•.—.__. __.._
RE Plan Review services.
The city, its officers elected or ap
accordance with the pOjicy provisions
Professional Liability alCilp"C"jjii
POUCYNUNBER
10 AS 541[ut
A05
10 AB s41203
HI
AK, ID,IL,N3.NY
OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
E BEEN REDUCED BYPAID CLAM. Limits shown are as re ueeta
OMITS
N S1,000,OX
EACH OCCURRENCE
$1.000.0(
MED EXP tAm ana P- n)
PEABONALaADVINJURY
$1,000,000
V
OEtIERALAGOREGATE
2,000,000
a7
PRODUCTS COMPIOPAGG
$2,000,000
c
COMBINEO SINGLE LIMIT
S1, 000, 000
BODILY INJURY I per paraarll
o
Z
GODLY INJURY (Par ar-ldan0
PROPERTY DAMAGE
Pr acddm
EACH OCCURRENCE
Ss , 0 , 000
V
us:acr�TE
$5,000,000
E.LEACH ACCIDENT 44,%JWI
EL OISE SC -A EMPLOYEE _ $1.000,
PPL2006 3 01/O1/2016 O1/01/2017 Eacn claim I 00
SIR applies per policy ter s el candi ons SIR Aggregate $1,000, 0,00
1n1, Addlaonal Rennin Sah•duh, maV am°hid Imoro span to puplmd)
oficial_sl and volunteers as Additional insured
in
Ie bGeneralLiabiity policy The chitctsAEhgnerpi Includes coverage
CANCELLATION
CERTIFICATE HOLDER
t�
ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE
EXPUTATION DATE THEREOF, NOTICE WILL BE DEUVEnED IN ACCORDANCE WITH THE
Mj hael Gates, City AttOmey PoLIOYPROvISIDNL
City of Huntington Beach AUTHOR®REPRESENTA1TVE
2Attn 000 MainRisk
Huntington Beach CA 92648 USA6e�IGteillaldaJlM�/iaerer�fact
01900-2a14 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
Item 11. - 63 HB -204-
CONSOLIDATED CASH FLOW STATEMENT
BUREAU VERITAS HOLDING INC.
In thousands of USD
June 30st 2015 June 30st 2014
Cash Flow from oaeratina activities
Net Income
5,620
5,842
Elimination of net Income in associates
(159)
Elimination of non cash Items
13,222
11,502
Elimination of income tax (corporate & deferred)
6,260
5,714
Elimination of investing and financing operations
8,772
9,155
Changes In working capital 1
(1,297)
(4,483)
Cash Flow from operating activities
32,418
27,730
Net Cash Flow from lnvestina activities
Purchases of property, plant and equipment (6,041) (6,414)
Purchases of non current financial assets (2,362) (2,987)
Proceeds from sale of property, plant and equipment 80 33
Proceeds from sale of non current financial assets 0 -
Acquisitions/ Sales of subsidiaries (2,315) (35,872)
Net Cash Flow from investing activities (10,637) (46,240)
Net Cash Flow from Financing activities
Net increase In borrowings
0
38,752
Net repayment of borrowings
(4,128)
-
Interest paid
(8,735)
(8,530)
Dividends paid
(0)
Net Cash Flow from Financing activities
(12,864)
30,222_
Income tax
(7,800)
(8,634)
Variation of income tax receivables & payables (without
deferred tax)
d
(666)
(3,053)
Net Cash Flow from tax
(8,465)
(11,687)
Foreign Exchange effects
(78) '
0
Net change in cash i cash equivalents 373 1,uza
HB -205- Item 11. - 64
AGENCY CUSTOMER ID: 570000048592
LOC #-
�� � Anr%ITIfNkIA1 09MARKC -11zn w r-nill E Page_ of _
-
AGENCY
NAL4E0 INSURED
Ann Risk services Northeast, Inc
Bureau veritas North America, Inc.
POULY NUMBER
See certificate Number. 570061161718
CARwER
see Certificate Number: 570063.161719
NAIC CODE
EFFECTIVEDATE
ADDITIONAL KbMAf tW
THISADDITIONAL REMARKS FORM IDS ASCHEDULE TOACORD
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of WWI
Insurance
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER G Property & casualty Ins co of Hartford
34690
INSURER H : Hartford Insurance Co Of The southeast
38261
INSURER I: Hartford Accident & indemnity company
22357
INSURER 7 ; Hartford iris co of the Midwest
37478
ADDITI ONAI. POLil:7ES If a policy below does not include lrmit Inferinshon, refer to the CoaespOnamg pOncy ® mC
certificate foam for policy limits.
roucx
POLICY
ytIR
ADDL
SOAR
POLICYNWIDNR
ON
LDI�Ta
LTJL
TYPInFDPSDHA=
DVBD
WVD
DATA
DATI
WMMDM'YY)
(MMNDJYYYYI
WORKERS COMPENSATION
N/A
1OWNS41200
01/01/2015
01/01/2017
B
HI, MA
N/A
IOWNS42200
01/01/2016
01/01/2017
I
A2 rA GA KY NI MN MT NE I
F
N/A
is Ms41200
01/01/2016
01/01/2017
IA
10WN5412aa
01/01/201.6
01/01/2017
NC
N/A
10WNs41200
01/01/2015
01/01/2017
A
FL.ND.oH.WA
ACORD 101 (AOOtif01) — "-- •'--" ^ '
Tfle ACORD name and logo are registered marls of ACORD
Item 11. - 65 HB -206-
AGENCY CUSTOMER ID 570000048582
LOC d:
AnnrrrnNei RFMARKS SCHEDULE Page _ of _
nrr■
AGENCY
NAMED INSURED
Aon Risk services Northeast, Inc.
aureau veritas North America, Inc.
POucY NUMBER
See Certificate Number 570061161718
CARRIER
NAIC CDDE
See Certificate Number. 570061161718
EFFECYIVEDATE:
AcoRDlo1 (zaoatai) .,..........M......,... �_..._..._._....._.
The ACORD name and logo are regleterad meen OACORD
HB -207- Item 11. - 66
r�
CD
1--�
Bid Results for Project Fire inspection and plan review services (2015-0625)
I--+
Issued on 06/25/2015
Bid Due on July 21, 2015 4 00 PM (Pacific)
j
Exported on 07/21/2015
Bidder Imo
VendorlD Vendor Name
Address
Address 2 City
State
LpCode
Country Vendor
Tyl Respondee
345900 Haye r Consultants, Inc
4067 Hardwick Street PMB 250
Lakewood
CA
90712 United States
Navdeep'Soni' K Hayer
223296 Interwest Consulting Group
15061 Springdale Street
Suite 205 Huntington Beach
CA
92649 United Stall Local
Tim D'Zmura
25S364 Bureau Ventas
180 Promenade Circle, Suite 150
Sacramento
CA
95834 United States
Patrick Field
198797 AIM Fire and Safety
6711 Pimlico Circle
HUntington Beach
CA
92648 United Stal Local
John) Dompke
374094 CSG Consultants, Inc
801 Park Center Drive
Suite 230 Santa Ana
CA
92705 United States
CSG Consultans, Inc.
376274 Jensen Hughes
2099 5 State College Blvd
Anaheim
CA
92806 United States
Mathew Mershimer
Respondee Title Respondee Phone
Respondee Email
Bid Amount Format
Bid Submit
Date Bid Status
Responslw Buyer Comment
Vice President 562-377-1678 Ext
hayer@hcipc com
$0 00 Electronic
7/21/2015 15 46 Submitted
Director of Municipal Services 714-975-9048 Ext 9048
tdzmura@interwestgrp com
$0 00 Electronic
7/17/2015 1459 Submitted
Director of Operations 714-431-4100 Ext
patrick field@us bureauverltas com
$0 00 Electronic
7/21/201S 8 05 Submitted
Owner 562-472-8568 Ext
almflreandsafety@socal rr com
$0 00 Electronic
7/21/2015 13 43 Submitted
Fire Services Manager 714-568-1010 Ext
rays@agengr com
$0 00 Electronic
7/21/2015 15 02 Submitted
Associate 714-450-1700 Ext 70007
mmershimer@jensenhughes com
$0 00 Electronic
7/20/2015 13 09 Submitted
in —
a•
Ley
J r C Z
- _ 1 = - -
PROFESSIONAL SERVICES CONTRACTBETWEEN
THE CITY OF HUNTINGTON BEACH AND
JENSEN HUGHES, INC.
FOR
FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of Califomia, hereinafter referred to as
"CITY,,, and Jensen Hughes, Inc, a Corporation hereinafter referred to as "CONSULTANT."
Vf mREAS, CITY desires to engage the services of a consultant to provide fire prevention
inspection and plan review services; and
pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform 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 Jared Birmingham 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
agred aafnot/pmfj=onal sues mayor 1 of 11
10M
HB -209- Item 11. - 68
3. TERM.• TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on , 20 (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no
later than three years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "A" which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed one hundred and eighty thousand dollars Dollars ($180,000).
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."
egr=1 surf ct/professionsl svcs mayor 2 of 11
10/12
Item 11. - 69 HB -210-
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 wiffW 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
qml sur&WOmbs9bnal 3VO Mayan 3 of 11
ianz
HB -211- Item 11. - 70
($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
famish 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:
ag,W surfuevprofessionst ayes mayor 4 of 11
10/12
Item 11. - 71 HB -212-
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 parry, 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
premium 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. TIIZM]NATION 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
agwd/ su&wtlpwfessi-6 Svcs mayor 5 of 11
1ai2
xB -21 Item 11. - 72
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
egrod surlwprosewMat Svcs mayor 6 of 11
10/12
Item 11. - 73 HB -214-
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: Fire Chief
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Jensen Hughes, Inc.
2099 So State College Blvd., Suite 540
Anaheim, CA
92806
ATTN: Jared Birmingham
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19 SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
agree/ surfnet/professional secs mayor 7 of 11
10/12
1113 -215- Item 11. - 74
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. 1MMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
nat alization 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 MY 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
agmd sud hd1Pm$ssiaael Svcs mayor 8 of 11
10/12
Item 11. - 75 HB -216-
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
terns 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.
25. GOVERNING LAVJ
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 arms 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
agree/ surfh dprof�ssfmd 5VO mayor 9 of 11
IM2
xB -21 7- Item 11. - 76
Agreement, and that that party has not executed this Agreement m 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 subj ect 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! sur&edprof monal svos mayor 10 of 11
10/12
Item 11. - 77 HB -21 s-
CONSULTANT,
3ewenEU&S, Inc.
COWAWNAM
By; t _�� e a�
&—V- A • tic�P;
print no=
1TS: (*de one) Chd mndPmld oe Pra+ldent
AND
VTujuLA L S 1
Fintyllne
M: (omole err) SesrdwAJEFinanalat oeaa Alec
smeary-Thz= r
CITY OF HUN nNGTON BEACH, a
municipal corporation of the State of
California
Mayor
City Clerk
INiT.IATED AND APPROVED:
C.L.
Fire Chief
REVIEWED AND APPROVED:
City Manager
Mgred nr&etlpwfnxiwd sym mgar 11 of 11
10112
HB -219-
Item 11. - 78
Exhibit A
A. STATEMENT OF WORK
CONSULTANT shall provide fire inspection and plan review services for the City of
Huntington Beach Fire Department
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES.
1. Fire Inspections
a. Perform fire prevention field inspections of operational fire permits, fire protection
systems, fire master plans, and architectural plans (fire/life-safety) to confirm
compliance with applicable codes with amendments and City specifications as
adopted by the city of Huntington Beach.
b. Perform all necessary liaisons with applicant, business owner/representative, City
Staff, Fire Marshal, or designee.
c. Log fire prevention activities into fire department records management system and
City permit software
d. Complete fire prevention activity reports.
e. Regularly meet with Fire Marshal or designee.
f. Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee.
g Perform extra work as needed when requested by the Fire Marshal or designee.
2. Plan Reviews Services
a Perform preliminary plan review consultations.
b. Perform plan reviews to determine compliance with applicable codes, standards, and
City specifications as adopted by the City of Huntington Beach
c. Plan reviews shall be project specific and comply with the maximum City turnaround
time of:
i. Within 20 business days for first submittal.
ii. Within 10 business days for second submittal.
in. Within 5 business days for third and subsequent submittals.
ry As approved by the Fire Marshal or designee, plan review turnaround standards
may be extended based on mitigating circumstances (e.g. incomplete submittal).
Item 11. - 79 xB -220-
d. Under circumstances and as required by the Fire Marshal or designee, plan reviews
may need to be performed using what is commonly referred to as an "over the
counter" method.
e. Provide a list of items (corrections) needing clarification or change to achieve
conformance with City regulations.
f. Perform plan reviews of revisions to plans that have been previously approved for
permit issuance.
g. Perform all necessary liaisons with applicant, business owner/representative, City
staff, Fire Marshal, or designee.
h. Log fire prevention activities into fire department records management system and
City permit software.
i. Complete fire prevention activity reports
j Regularly meet with Fire Marshal or designee.
k. Perform extra work as needed when requested by the Fire Marshal or designee.
I. Attend meetings related to fire inspections and plan checks with customers and City
staff as requested by the Fire Marshal or designee.
C CITY'S DUTIES AND RESPONSIBILITIES:
1. Establish a schedule for conducting Fire Inspections.
2. Provide plans for review on an as needed basis and establish completion schedules.
3. Provide inspection and plan review activity report.
4. Timely payment of invoices upon receipt and approval.
D. WORK PROGRAM/PROJECT SCHEDULE:
As needed
HB -221- Item 11. - 80
Exhibit A.1
City of Huntington Beach Fire Prevention Inspection and Plan Review Services
Methodology
Jensen Hughes will provide the consulting support services for Professional
Plan Review and Fire Inspection Services on an as needed basis for the City of
Huntington Beach Fire Department using a team of appropriately trained and qualified
fire protection engineers / specialists. Their team will be able to perform fire systems
review and onsite field inspections for facilities during various stages of residential and
commercial construction for both new and remodeling/renovation projects
All Jensen Hughes reviewers and inspectors will fully understand the requirements of
the City of Huntington Beach Fire Department standards, as well as relevant fire safety
requirements of recognized international standards, such as NFPA 101, Life Safety
Code, NFPA 1, Fire Code, NFPA 13, 13R, 13D, Standard for the Installation of
Sprinklers and NFPA 72, National Fire Alarm and Signaling Code. In addition, their
inspectors have a solid understanding of the California Building Code and Amendments
for the City of Huntington Beach.
Prior to each scheduled review or inspection, Jensen Hughes will send a request for
information to the Fire Department identifying the information needed prior to, and on
the day of the review or survey. While obtaining information prior to the review or survey
is not absolutely necessary, having documents such as copies of budding floor plans
and fire safety training and maintenance records can help the reviewers and inspectors
be better prepared and will speed up the reviewfinspection process.
As needed, at the beginning of each review or survey, Jensen Hughes
engineers/consultants will meet with Fire Department representatives to discuss the
purpose and scope of the review/inspection, answer questions, and review relevant
documentation and building information. Following the introduction briefing, and when
requested, their engineers/consultants will conduct review or field inspections to ensure
conformance with approved plans and permits, and compliance with building, fire, and
accessibility code requirements. Relevant issues and potential mitigation options will be
documented along with representative photographs. Measurements will be taken to
determine the adequacy of relevant life safety features. Necessary tools (e g., laser
distance finders, tape measurers, flashlight) will be provided by the Jensen Hughes
inspector.
All fire systems reviews and inspections will be conducted by qualified fire protection
engineersJconsultants. All reviewrnspection comments and findings will be
appropriately documented. All formal documents will go through an in-house peer
review and QA/QC procedure prior to delivery to the City of Huntington Beach Fire
Department.
Item 11. - 81 HB -222-
Exhibit A.1
Page 2
For the field inspection, Jensen Hughes will typically provide correction notice and
punch list within one business day, following the inspection, to the City of Huntington
Beach Fire Department for each inspection conducted, describing whether the
inspection passed or failed or other noted violations. The field report provided by their
inspectors will also state whether follow-up action is required by the city or permit
holder.
Performance of work anticipated in the scope of this contract will not be affected by the
current and anticipated workload. Upon award of the contract, this project will be the
primary effort for the staff specified.
Key Personnel will be available to the extent proposed for the duration of each project
and that no person designated as "key" to the project shall be removed or replaced
without the prior written concurrence of the city. With more than 190 Fire Protection
Engineers on its staff, Jensen Hughes can easily supply additional staff as necessary.
Jensen Hughes will work in close coordination with the City of Huntington Beach Fire
Department to deliver the requested scope of services in accordance with the project
schedule. They understand that prompt receipt of deliverables is as important as the
quality, accuracy and completeness of the materials and services provided.
Project meetings and working sessions will constitute a significant portion of their
services. Jensen Hughes will ensure that the appropriate personnel are available to
attend these meetings and sessions. They understand and appreciate the pace of the
design and construction industry and will work with the project team to make personnel
available as required.
Jensen Hughes is committed to providing technical excellence and unmatched
customer service They understand the expectations, dynamics, and limitations of the
design and construction industry, and most importantly, they understand their
responsibilities and the impact of such on the overall project.
HB -22-3- Item 11. - 82
EDIT `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:
B. Travel Charges for time during travel are not reimbursable.
C. B. illi g
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
into compliance, or until this Agreement has expired or is terminated as provided
herein.
1
Exhibit B
Item 11. - 83 HB -224-
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
xB -225- Item 11. - 84
Exhibit B-1
REQUEST FOR PROPOSAL - CITY OF HUNTINGTON BEACH, CA C�
FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES JENSEN HUGHES
F. Fee Proposal
CLASSIFICATIONHOURLY RATE
Associate $110
Y, .h Y .,.� �'• i.-Y ' F iv ;,j1 f: ^ ' .3'cl.. .-.^i..'. � ;c-.. ...' �1.� `
•+ r��t� +�'�!: 1�7 [���"ir •I .1-�.?;�%. � •'1.. S1 n�
W-,✓'Sl �y+ .:'I-i. .'w`�.�jt. fa ''+. :+•y'�r{am• r '• y..,•�...ri��i �'t'��.�.�,�
r
4 ti:.,-y `)'pi'I V' :1•� � .�7.,A �%v y_
4•R'. ,n'•�"''i. � `y';a: t•'.:J �:-.
.! i['� ri — :'l�,l l'`� '.
Ci ' L;•'TJ +'4% i.!
�r'•'���"��i�
lfAr'�4•_ ��. 1)r-� •ILW�1.
�tfn`atli�'N.•
:}`.. `:`�• �i
Fire Protection Engineer II 1 Consultant II
$175
!:^: •:ti:.
, , _iF� .;ti• ikV3��1• �� M�S_S.Ir���+lfi..lY
�'L Ia t. iLTl.:y�•v���+14.� .3 s?.f='
Sr. Fire Protection Engineer 111 Sr. Consultant II 1 Assoc.
$215
Director
��1f Zti 4...Y, ..a�., y�.y ..' :. ,r: {.��....: �1•� _zc_ s .:t
`� ` - .7 •, �'ri`S,!%t F'�?' F• �: " i ��i•`• f ' [S.r.'... K�r.,�.!lq� 1 s' at.
' • �t • : n r! ��� �"IF711,�: �•' ��
�r�
.: .Sai�.\..tY. ... '..�•_. v-,J4�`�1
.7 : 4,.. .. .t..:.. ':,• • r :-
•' : =?;. '.. ,�. s•y 4;t! ti ri:; .
n'
� �' ,J
71 ,i .:{I.}•: ! G. �:�.::� 1'.
The rates above are valid for the full three year period of the project.
The following reimbursable expenses are foreseen upon presentation of itemized
expenses incurred by JENSEN HUGHES' employees or consultants in connection with
projects.
• Express delivery services
• Parking and toll
Item 11. - 85 HB -2216-
C40M CERTIFICATE OF LIABILITY INSURANCE
F12ATE(MMr0D1YYYY1
2/8/2016
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, It the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 Ileu of such endorsements Y
PRODUCER
bBP Insurance
ACT Sara Culotta
PHONE (847 934-2690 arc (847) 934-6186
1900 E. Golf Road Suite 650
a tlottaodspins.adz
Schaumburg IL 60173
INSURER APPORDINGCOVERAGE
NAIC0
INSURERA Travelers Prop Casualty Cc of Am
25674
INSURED
INSURERB Travelers Ind. Cc of America
25666
MOISEE HUGHES, IBC.7 Hughes Associates, Inc ,
INSURERC-Ironshore speciality Insurance
25445
The RJA Group, Inc, and Its Subsidiaries
INSURER
3610 Commerce Drive *817
INSURERE
Baltimore MD 21227-1632
INSURER F'
COVERAGES CFR mmnATC me nuinca. n..+ rn i 7097 meancrnru we 1aeQeo
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 REOUiREMENT, 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
WSRM
LA
TYPE OP INSURANCE
A DL
SUSR
POLICY NUMBER
POLICYEFF
Pm EXP
LIMITS
I
CONMERc1ALUENERALLIASILITY
CLAIMS -ME a OCCUR
P630300SX462TILIC
1/11/2016
1/11/2017
EACH OCCURRENCE
S 1,000,000
S 1,000,000
$ 10,000
MEDEXP one man)
PERSONAL 4ADVIWURY
S 1,000,000
OENYLAGGREGATE pLIMIT APPLIES PER
POLICY a JECT ❑ LOC
GENERALIAGGREGATE
$ 2,000 000
PRODUCTS -COMPIOPAGG
S 2,000400
S
GTHETr
AUTOMOBILE
LIABILITY
COMBI 81 LE T
S 1 000 000
BODILY INJURY (Per Pe"
S
B
AW AUTO
BA.50097.46216CAG
1/11/2016
1/11/2a17
P
OWNED
SCHEDULED
AUTOS
BODILY INJURY (Per ecdd"
$
NON -OWNED
HIREDAUTOS A
R
7
S
A
X
UNBRELLALIAE
7C
OCCUR
ZtIP1587802116NP
1/11/2016
1/11/2017
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
S 4.0013,000
I
EXCESS LKII
CMS MADE
DED I ][ I RETENTIONS 10,0013
g
1
1
A
WORKERS COMPENSATION
ANDEMPLOYER9'LIABILITY YIN
ANY PROPRIETORIPARTNER/E1(SCUIIVE
OFFICERIMEMBER EXCLUDED? a
0knildary In NHI
If yet. deeallm under
DESCRI TIONOFOPERATIONSbolow
N 1 A
PJUBSDQSX46216
2/21/2016
1/12/2017
X ER OTH
STATUTE I ER_
EL EACH ACCIDENT
S 11000,000
E.L. DISEASE -EA EMPLOY
$ 1,000,000
E.LDISEASE -POLICY LIMIT
S 1,000,000
C
Professional Liability
000811105
11/27/201911/17/2a16Limkt
Each 3,000,000
Oca Aggregate
Including Pollution
Per Claim Dad. 10,000
DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES (ACdRD 101, AdmSorrel IrenOrks 501160k, My be ellsobed a Rare space le required►
City of Huntington Beach, its officers, elected or appointed officials, employees, agents and
volunteers are additional insured with respect to General Liability and Automobile Liability when
required by written contract
General Liability provides primary non -Contributory coveragq.
APPROVED AS TO FORM
cheel Germs, sty attor7tay ySHOULD ANY OF THE ABOVE T EXPIRATION DATE THEREOF, DESCRIBED BEFORE
WILL BE DELIVERED RE IN
City of Buntington Beach ACCORDANCEWITHTHE POLICY PROVISION&
2000 Bain at. AUTHORIZED REPRESENTATNE
Huntington Beach CA 92646
01988-2014 ACORD CORPORATION All rlahts reserved.
ACORD 26 (2014101)
The ACORD reams and logo are registered marks of ACORD
xB -227- Item 11. - 86
Bid Results for Project Fire inspection and plan review services (201"625)
Issued on 06/25/2015
aid Due on July 21, 2015 4 00 PM (Pacific)
Exported on 07/21/2015
Bidder Info
VendorlD Vendor Name
Address
Address 2 City
State
ZIptode
Country Vendor
7yl Respondee
345900 Hayer Consultants, Inc
4067 Hardwick Street PMB 250
Lakewood
CA
90712 United States
Navdeep 'Sour' K Hayer
223296 Interwest Consulting Group
15061 Springdale Street
Suite 205 Huntington Beach
CA
92649 United Star Local
Tim D'Zmura
255364 Bureau Ventas
180 Promenade Circle, Suite 150
Sacramento
CA
95834 United States
Patrick Field
198797 AIM Fire and Safety
6711 Pimlico Circle
HUntington Beach
CA
92648 United Stai Local
John 1 Dompke
374094 CSG Consultants, Inc
801 Park Center Drive
Suite 230 Santa Ana
CA
92705 United States
CSG Consultans, Inc
376274 Jensen Hughes
2099 S State College Blvd
Anaheim
CA
92806 United States
Mathew Mershimer
Respondee Title Respondee Phone
Respondee Email
Bid Amount Format
Bid Submit Date Bid Status
Responsivt Buyer Comment
Vice President 562-377-1678 Ext
hayer@hcipc com
$000 Electronic
7/21/201515 46 Submitted
Director of Municipal Services 714-975-9048 Ext 9048
tdzmura@lnterwestgrp com
$000 Electronic
7/17/2015 14 59 Submitted
Director of Operations 714-431-4100 Ext
Patrick field@us bureauveritas com
$000 Electronic
7/21/2015 8 OS Submitted
Owner 562-472-8568Ext
almfireandsafety@socalrrcom
$000 Electronic
7/21/2015 13 43 Submitted
Fire Services Manager 714-568-1010 Ext
rays@csgengr com
$000 Electronic
7/21/2015 15 02 submitted
Associate 714-450-1700 Ext 70007
mmershimer@Jensenhughes com
$000 Electronic
7/20/201513 09 Submitted
N
tJ
00
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachea.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
May 4, 2016
Bureau Veritas North America, Inc
Attn Isam Hasenin
1601 Sawgrass Corporate Parkway, Ste 400
Sunrise, FL 33323
Dear Mr Hasenin
Enclosed for your records is a copy of the fully executed "Professional Services Contract
Between the City of Huntington Beach and Bureau Veritas North America, Inc for Fire
Prevention Inspection and Plan Review Services "
Sincerely,
Joan L Flynn, CIVIC
City Clerk
JF pe
Enclosure
Sister Cities Anjo, Japan ♦ Wartakere, New Zealand