Loading...
HomeMy WebLinkAboutJensen Hughes, Inc. - 2016-05-02Dept. ID FD17 007 Page 1 of 2 Meeting Date: 6/19/2017 fi°�go✓c� � -v CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/19/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: David A. Segura, Fire Chief SUBJECT: Approve and authorize execution of Amendment #1 to Professional Services Contract with Jensen Hughes, Inc. in the amount of $175,000 for Fire Prevention Inspection and Plan Review 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, the City Council approved a professional services contract with Jensen Hughes, Inc. on May 2, 2016. At that time, the contract authorization amount was $180,000. Since then, City staff has utilized the services of Jensen Hughes, Inc. more than was originally anticipated and a contract amendment increasing the contract authorization by $175,000 is needed to provide these services over the next year. Financial Impact: The recommended action is primarily cost -neutral since these expenditures are reimbursed by developers and offset by revenue generated from cost recovery fees from associated plan checks and inspections. On February 6, 2017, the City Council approved an additional appropriation of $395,000 for these services and of this amount approximately $200,000 remains in the FY 2016/17 Fire Prevention business unit budget (10065201.69365). This funding is allocated on an incremental basis as needed, based on development project demands. Funding will be budgeted in FY 2017/18 for the Jensen Hughes, Inc. contract. Other professional services contracts will be reduced commensurately for a net neutral effect. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Professional Services Contract Between the City of Huntington Beach and Jensen Hughes, Inc. for Fire Prevention Inspection and Plan Review Services;" the recommended action will also increase the Fire Department's professional services listing authority by a commensurate amount to ensure compliance with Administrative Regulation No. 228. Alternative Action(s): Do not authorize the contract amendment 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 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. Item 15. - 1 H B - 1 86- Dept. ID FD17 007 Page 2 of 2 Meeting Date: 6/19/2017 On May 2, 2016, the City Council authorized a contract with Jensen Hughes, Inc. with a contract authorization of $180,000 to assist in addressing this service demand. Since that time, the services of Jensen Hughes, Inc. have been utilized more than was originally anticipated, partially due to a vacancy in the Fire Prevention Division. These services have included over-the-counter plan checks two days a week, hazardous material business plan inspections, oil production technical support, and reimbursable inspection services at a major development project (Monogram). The $180,000 contract authorization is expected to be reached by end of June 2017. Over the next year of the agreement, it is estimated that up to $175,000 could be spent on these services. The Fire Department is not requesting an additional appropriation for professional inspection and plan review services because funding is available in the Fire Prevention business unit (10065201.69365). Only an additional contract authorization is requested. The majority of these services are cost neutral since the expenditures are reimbursed by developers and offset by revenue generated from cost recovery fees from associated plan checks and inspections. These services are critical to keeping pace with the extensive development occurring in the community. Environmental Status: Improve quality of life. Enhance and maintain infrastructure. Strengthen economic and financial sustainability. Enhance and maintain public safety. Enhance and maintain City service delivery. Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): 1. Amendment #1 to Professional Services Contract with Jensen Hughes, Inc. for Fire Prevention Inspection and Plan Review Services HB -187- Item 15. - 2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JENSEN HUGHES, 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 JENSEN HUGHES, INC., a Maryland corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated May 5, 2016, entitled "Professional Services Contract Between the City of Huntington Beach and Jensen Hughes, Inc. For Fire Prevention Inspection Plan Review Services," which agreement shall hereinafter be referred to as the "Original Agreement;" and CITY and CONSULTANT wish to amend the Original Agreement to provide for additional compensation to be paid by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: ADDITIONAL PAYMENT In consideration of the services to be performed as described in the Original Agreement, CITY agrees to pay and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed One Hundred Seventy Five Thousand Dollars ($175,000.00), in addition to the original sum of One Hundred Eighty Thousand Dollars ($180,000.00), for a new total not to exceed sum of Three Hundred Fifty Five Thousand Dollars ($355,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 17-5825/ 159085/mv IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on � �� )L I&" �—/I CONSULTANT JENSEN HUGHES, INC., a Maryland corporation By: print nam ITS: (circle one)(!hairman/Preside icc President AND By print name ITS: (circle one) Secretary Chief Financial Office Asst. Secretary — Treasurer, Executive Director CITY: CITY OF HUNTINGTON BEACH, municipal corporation of the State of California �i �.. ;� ���1., /� �'�♦ter ATTEST: :. '.1 r /.I I K,,;. REVIE)X;ED1rA4iD APPROVED: APPROVED O FORM: ATE: Attorney Oio fit/ 17-5825/159085/mv 2 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 20, 2017 Jensen Hughes, Inc. ATTN: Jared Birmingham 2099 So. State College Blvd., Ste. 540 Anaheim, CA 92806 Dear Mr. Birmingham: Enclosed is a copy of the fully executed "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and Jensen Hughes, Inc. for Fire Prevention Inspection and Plan Review Services." Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID FD16 002 Page 1 of 3 Meeting Date: 5/2/2016 4t:�001v41cz� :�L in 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: 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 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 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. 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 Veritas North America, Inc. for Fire Prevention Inspection and Plan Review Services 4. Professional Services on ract between the ity o untington Beac an en Hughes, Inc. for Fire Prevention Inspection and Plan Review Services .SEE SCE Item 11. - 3 HB -144- REQUEST FOR PROPOSAL y FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES Fire Department CITY OF HUNTINGTON BEACH Released on 6/25/15 HB -145- Item 11. - 4 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. 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. 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: HB -147- Item 11. - 6 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; (ii) -Pm 1 1 - 7 LTD. 1 A Q 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 PDF file 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 Fazed 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 `em 1 1 _ - 9 raieala�fil 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 - I ; I - Ttem 11 - - 10 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 `Pm 11 - 11 LID 1 G7 APPENDIX A xB -1 s3- 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 u1 I oft Item 11. - 13 HB -154- 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 HB - l 5 s - Item 11. - 14 APPENDIX B Item 11. - 15 HB -1 56- 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table ofContents ScopeofServices ..................................................................................................... l CityStaff Assistance ................................................................................................ 2 Tenn; Time of --------------------.-------..2 Compensation —.---------------------------------... 2 ExtraWork ............................................................................................................... 2 Method 0fPayment ------------..----.--------------...3 Disposition ofPlans, Estimates and Other Documents ........................................... 3 Hold Harmless '------.----------.----.------------.--3 Professional Insurance ............................................................................. 4 Certificate ofInsurance ............................................................................................ 5 Independent Contractor ............................................................................................ 6 Termination of Agreement .--------.--------.------------6 Assignment and Delegation --------.-----.----.----.------.6 ---------------.---.-------.-------7 City Employees and Officials .................................................................................. 7 Notices......................................................................................... 7 Consent.................................................................................................................... 8 Modification ....................................'...'..................'...,.......................................... 8 Section Headings ------.-----.--.--.------.-----.-----..8 Interpretation of this Agreement ----.—.--------------------.8 OriginalDuplicate -----.--------.--.-----.---.---------9 Immigration ...............................................'............................................................... 9 Legal Services Subcontracting Prohibited ................................................................ 9 Fees.......................................................................................................... l0 Survival..................................................................................................................... l0 GoverningLaw ......................................................................................................... l0 S-------'-------------------.----------..l0 Entirety ...---------------------------.----.------.l0 T+�r� 11 - 1/� �����^ ��. �u 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 , a hereinafter referred to as "CONSULTANT." 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: 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 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 -158- 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 5. EXTRA WORK Dollars 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 2of11 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 maybe 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/ surfnedprofessional svcs mayor 3 of 11 12/07 Item 11. - 19 HB -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 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 premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/ surfnet/professional svcs mayor 5 of 11 12/01 Item 11. - 21 FIB -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. agree/ surfnet/professional secs 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 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington 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. ab ee/ surfnet/professional svcs mayor 7 of 11 12/07 Item 11. - 23 FIB -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 sves mayor 8 of 11 12/07 HB -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 parry 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 parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each parry shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the nonprevailing parry. 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 hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and- agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. - This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof aggree/ 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 print name ITS: (circle one) Chairman/President/Vice President AND Mayor City Clerk 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/ surfnedprofessionalsvcs mayor 1 1 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: 1. 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 2. D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A HB -169- Item 11. - 28 Mali M- 1Ilfii:N 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 xB -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 in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with .the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Item 11. - 31 Exhibit B HB -172- APPENDIX C HB -173- Item 11. - 32 R. CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS ninium nce R'quiri'nsura e e ments'. ''Vendor Type`�',';Additional 4 A t tnobile__, Profeg -Property,­- ,��"`Jnsured Liability.,.;,-G n rai'U'a'bi e e lnst.irance, Workers' .IC6nip'l,,Endorsetnents 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: V11. See Exhibits A] - 4for sample forms. Any deductible other than those allowed in this matrix, self -insured retentions or similar 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 lor 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 is always required 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. JL below.) Note I - 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 I 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, ]eased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. HB Insurance Matrixrevised10-27-08 1 of 3 Y, r+ CD CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Mini mum-Insurancel' equirenients" " E . ,"; �� . ,.. �: dditional' `.. Vendor T e.:. . Automobile � ProfessionaF - ;> Propet ty e - ,. __� , Insured ility""General Liability"" Liability;;= Insurance " Workers'Comp -Endorsements Huntington Beach City Council Resolution: No. 2008-63 requires submittal of certificates of insurance evidencing the following mininruin limits with a California admitted carrier with a current A.M. Best's Rating of no less than A: VII. See Exhibits AI - 4 for sample forins. Any deductible other than those allowed in this matrix, self -insured retentions or similar 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 up to$10,000 and independent judgment based on an advanced 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 -p, HB 2 of 3 Insurance Matrix revised 10-27-08 r-r CD w CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS f: ry Minimum,Insurance�`Req uirements. ' °:Ven dor.T e: YP -' Additional,- . Automobile Professional,' ro ert '' P P- y Insured `-: 2 Liability'v General Liability Liability Insurance Workers'wComp 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's Rating of no less than A: IVIL See Exhibits AI - 4 for sample forms. Any deductible other than those allowed in this matrix, self -insured retentions or similar 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. 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 Insurance employee for 2.) Endorsement is always accident or required with General disease per Liability Ins.) occurrence. (See Note I below) Note I - 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 pf 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: I SUBJECT MATTER EXPERTS/RATERS: 1. Building Official 2. Assistant Fire Marshal 3. Fire Protection Analyst I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: 1,295 lftv 0- 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 - 1`2 11. DUE DILIGENCE REVIEW • Interview Ranking: 1 Jensen :Hughes; i6t: Review 0 1. Staffing: Excellent & 2. Experience: Excellent 0 3. Qualifications: Excellent HB -177- 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 Veritas North America, Inc. - OVERALL RANKING: 2 SUBJECT MATTER EXPERTSIRATERS: 1. Building Official 2. Assistant Fire Marshal 3. Fire Protection Analyst I. WRITTEN PROPOSAL SCORING: • Written Proposal Score: 1,305 0' 'Obe,10f, Imum 6VINI"'6W , Xv 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 11. DUE DILIGENCE REVIEW • Interview Ranking: 2 abe lvoi & 1. Staffing: Excellent 0 2. Experience: Excellent * 3. Qualifications: Excellent Item 11. - 37 HB -178- 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 6Y i- fia6on"g1�%':: 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 II. DUE DILIGENCE REVIEW • Interview Ranking: 3 • 1. Staffing: Insufficient . 2. Experience: Adequate 3. Qualifications: Adequate xB -179- Item 11. - 38 ATTACHMENT #4 PROFESSIONAL SERVICES CONTRACT BETWEEN 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 California, hereinafter referred to as "CITY," and Jensen Hughes, Inc, a 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 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. 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 ? /nj L92, , 20//,P (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 11B," 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." agree/ surfaet/professional svcs mayor 2 of 11 10/12 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) 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 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional svcs mayor 4 of 11 10/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfaet/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 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnedprofessional 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: 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 svcs mayor 7 of 11 10/12 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/ surf iet/professional svcs mayor 8 of 11 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each parry shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length -negotiation, and .that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional svcs mayor 9 of 11 10/12 Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional svcs mayor 10 of 11 10/12 CONSULTANT, Jensen Hughes, Inc. COWANY NAME print name ITS: (circle one) Chairman/Presidea ce President AND ` r By: i print name ITS: (circle one) secret: efPinancIel Offrc Asst Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporatiop,Qf the State of California Clerk INITIATED AND APPROVED: C'�' A. 11 r� Fire Chief APPROVED agreel surfaeUprofessional sues mayor 11 of 11 1a12 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. 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 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 building floor plans and fire safety training and maintenance records can help the reviewers and inspectors be better prepared and will speed up the review/inspection 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 engineers/consultants. All review/inspection 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. 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. 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 monthl 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. 1 Exhibit B 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 performanceof the remainder of this Agreement. Z Exhibit B Exhibit B-1 REQUEST FOR PROPOSAL - CITY OF HUNTINGTON BEACH, CA JENSEN HUGI-IES FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES F. Fee Proposal CLASSIFICATION HOURLYRATE �.TJ $110 Associate C 7.J• ti rSr.Fa9, ,� . y�.tr �y� .� nF ,�v. F iK :?. J s � °d .:.ate ,;:�• Fire Protection Engineer II / Consultant II $175 v t ! . tyr 7 r" Sr. Fire Protection Engineer II / Sr. Consultant II / Assoc. $215 Director g�y� >r'y �r�4rJorrit111irctor ` $240 c 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 Bid Results for Project Fire inspection and plan review services (2015-0525) Issued on 06/25/2015 Bid Due on July 21, 2015 4:00 PM (Paclflc) Exported on07/21/2015 Bidder Info VendorlD Vendor Name Address Address 2 City State ZipCode 345900 Hayer Consultants, Inc. 4067 Hardwick Street PMB 250 Lakewood CA 223296 Interwest Consulting Group 15061 Springdale Street Suite 205 Huntington Beach CA 255364 Bureau Veritas 180 Promenade Circle, Suite 150 Sacramento CA 198797 AIM Fire and Safety 6711 Pimlico Circle HUntington Beach CA 374094 CSG Consultants, Inc. 801 Park Center Drive Suite 230 Santa Ana CA 376274 Jensen Hughes 2099 S State College Blvd Anaheim CA Respondee Title Respondee phone Respondee Email Bid Amount Format Bid Submit Date Bid Status Vice -President 562-377-1678 Ext. haver@hcipc.com $0.00 Electronic 7/21/2015ISA6 Submitted Director of Municipal Services 714-975-9048 Ext.9048 tdzmura@lnterwestgrp.com $0.00 Electronic 7/17/201514:59 Submitted Director of Operations 714-431-4100Ext. patdck.field@us_bureauveritas.com $0.00 Electronic 7/21/20158:05 Submitted Owner 562-472-8568 Ext. aimttreandsafety@socai.rr_com $0.00 Electronic 7/21/201513:43 Submitted Fire Services Manager 714-568-1010 Ext. rayi@csgengr.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 Country Vendor Ty Respondee 9071.2 United States Navdeep 'Son!' K. Hayer 92649 United Star Local Tim D'Zmura 95834 United States Patrick Field 92648 United Stat Local John J. Dompke 92705 United States CSG Consultans, Inc. 92806 United States Mathew Mershimer Responsivt Buyer Comment r CERTIFICATE OF LIABILITY INSURANCE DATE (MM TE(M 0�fY `) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE. DOES NOT AFFIRMATIVELY OR .NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE'OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does.not confer rights to the certificate holder, in lieu of such endorsement(s). PRODUCER • ' NAME: Sara Gulotta _ DSP Insurance PHONE F� 1900 E'. Golf Road Suite 650 (847) 934-2690 No:(847) 934-6186 E-MAIL ' ADDRESS: ogulotta@dspiris.com _ Schaumburg IL 60173 - INSURERS) AFFORDING COVERAGE NAIC # INSURERA:Travelers Pro Casualty Co of Am 25674 INSURED INSURER B: Travelers Ind. Co of America 25666 JENSEN HUGHES, INC.; Hughes, Associates, Inc., INSURER C: Ironshore Speciality Insurance 25445, The RJA Group, Inc, and Its Subsidiaries INSURER0: 3610 Commerce Drive #817 INSURERE: Baltimore 'MD 21227-1652 INSURER F: ". Vnni unn l:Flf I IFII:Y 1 F NIIMFSF K• C'uTf Tn l "]oll UGAIIQIMM MI InnQGo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FQR THE POLICY. PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT .WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFP MMIDD POLICY EXP MMIDO LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR 1 P6305009X462TIL16 1/11/2016 1/11/2017 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence E 1,000,000 MED EXP (Any oneperson) ,E 10,000 . PERSONAL & ADV INJURY E 1,000,000 LIMIT APPLIES PER: POLICY a JE OT LOC GENERAL AGGREGATES 2,000,000 GEMLAGGREGATE PRODUCTS - COMP/OP AGG E 2,000,000 E OTHER: AUTOMOBILE LIABILITY' COMBINED SINGLE LIMIT accident) $(Ea 1,000,000 BODILYINJURY(Perperson) E B ANY AUTO BA5009X46216CAG 1/11/2016 1/11/2017 JX ALL OWNED SCHEDULEDBODILY AUTOS AUTOS INJURY Per acddent ( )NON E -OWNED HIREDAUTOS X AUTOS PROPERTY AMAGE araccide t $ E A X UMBRELLA LIAB X OCCUR ZIIP15S7802116NF 1/11/2016 1/11/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTIONS 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? - a N / A - PJUB5009X46216 1/11/2016 1/11/2017 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 11000,000 E.LDISEASE- EAEMPLOYE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L: DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability 000811105 11/17/2015. 11/17/2016Limit Each 5,000,000 Occ//Aggregate Including'Pollution Per Claim Ded. 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is 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 coverage,. APPROVED AS TO FORM vcrc 1 Ir wry r a nvwr=rt t GAIYLGLLA I IVIV IA. "'.SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE - ichael Gates, City &tk9rney THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ACORD 25 (2614101) I ©1988-2014 ACORD CORPORATION. All r1Oh1G rpAPNpd The ACORD name and logo are -registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk May 4, 2016 Jensen Hughes, Inc. Attn: Jared Birmingham 2099 So. State College Blvd., Ste. 540 Anaheim, CA 92806 Dear Mr. Birmingham: Enclosed for your records is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and Jensen Hughes, Inc. for Fire Prevention Inspection and Plan Review Services." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CITY OF HUNTINGTON 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 Veritas North America, Inc. in the Amount of $720, 000 and Jensen and Hughes, Inc. in the Amount of $180,000; and, Approve Additional Appropriation for as -needed General Environmental Engineering 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. -df/d 0RECITY 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 Veritas North America, Inc. in the Amount of $720, 000 and Jensen and Hughes, Inc. in the Amount of $180,000, and, Approve Additional Appropriation for as -needed General Environmental Engineering 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- Dept. ID FD16 002 Page 1 of 3 Meeting Date: 3/21/2016 Sp Or REQUEST FOR. CITY COUNCIL ACTION 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 or 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: 312112016 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 HB -131- Item 8. - 2 Dept. ID FD16 002 Page 3 of 3 Meeting Date: 312112016 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. Veritas, 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. Attachment(sl: 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 FTB -132- Dept. ID FD16 002 Page 1 of 2 Meeting Date: 3/7/2016 C(,3/rl �.iJ6 -770 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. , xB -225- Item 11. - 1 Dept. ID FD16 002 Page 2 of 2 Meeting Date: 3/7/2016 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 Veritas 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 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. 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 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. Attachment(s): 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 xB -226- _ 1 mot- f� � �. a� _ _ _ _ = _ E M}: � _u PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUREAU VERITAS NORTH ANIERICA, INC. FOR FIRE PREMMON 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," 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. CTTY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agmd =fncdpr*ss1ona1 sves mayor 1 of 11 10112 Item 11. - 39 HB -1 g0- 3. TERM, = 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 time event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terns 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). S. 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 PAY1y= CONSULTANT shall be paid pursuant to the terms of Exhibit "B." egma/ surf Upmfessionet was mayor 2 of 11 10112 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 MY as it sees fit. g, HQW HAR-MLESS 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 Otie Million Dollars Bgmd sur aetlpwkssional svo =yar 3 of 11 10112 Item 11. - 41 HB -1 s?- ($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) year s 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 fimirar+ce 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: ,gmds,cract/prdhslon,l rm mapr 4 of 11 mo/1z xB -1 s3- 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 shell 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 C1Ty. 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 i ommee. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. TNpEPENDENT 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. IIvIENT 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 agre,r 8udneyprdWADOt SYM Wg0r 5 of 11 10112 Item 11. - 43 xB -184- FA 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 of 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. COPYRIGETS/PATE NTS 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 19W =f=t1Mf SianW was mayor 6 of 11 1Q/r2 HB -1 s5- Item 11. - 44 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 Veritas North America, Inc. 1.601 Sawgrass Corporate Parkway, Suite 400 Sunrise, FL 33323 ATTN: Isarn Haseuin When C1TY'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 THLS AGREEZNIE 1y 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 sudnet'prod'essioml 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 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 ar 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 fall 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 egKd 9Mf=VPMkWiWR1 avos mayor 8 of 11 10112 xB -1 s 7- Item 11. - 46 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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terris and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNIlNK} LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The patties 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 agroc! surfnedprofossianal Eves mayor 9 of 11 tau Item 11. - 47 xB -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 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. awed sudntuprotaeaional Svcs mayor 10 of 11 rar2 HB -189- Item 11. - 48 CONSULTANT, CITY OF HL]NTINGTON BEACH, a Bureau Veritas North America, Inc. municipal corporation of the State of ConVAWNeM Caiiftmia Bp: Z7w Mayor h�r ays F� pdntmums City Cleric r rs: (circle one) CSef m&o1?1 sid tac Pm A"INITIATED AND APPROVED: By; C'a,r Fire Chief prlata®e TI'S: (circle one) searoteq ChiefFineaeial offic secretary - �e,arer REVIEWED AND APPROVED: CitYmawer aged aarftYprofineiond evm mayor I0112 Item 11. - 49 xB -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 (fireflife-safety) to confirm compliance with applicable codes with amendments and City specifications as adopted by the city of Huntington Beach. b. Perform ail necessary liaisons with applicant, business ownedrepresentative, 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. L 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: 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 HB -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 coimpared 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 architectlengineer, City employees or consultants at anytime. Telephone discussions or HB -1933- 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 Vedtas 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 Verkas 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 Fin: 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 Dellverables Bureau Verhas' 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 appllcant/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 handing 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 Reg ul ar 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, mufti -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 HB -195- Item 11. - 54 Exhibit A.1 Page 4 Transmittal of Plans and Correction Lists Bureau Vertas assumes responsibility for the pickup and return of plans. All plans shall be picked up from the City offices within 24 hours or 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 Veritas staff. Their transmittal forms are customized for use unique to the City. Item 11. - 55 xs -196- 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. Bmina 1. All billing shall be done IIIOIIthIY 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 proj ed- 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. 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 CONSULTANTS 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 skull be made within thirty (30) days of receipt of the invoice by CTTY. 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 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 extrawork 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 eoncerning 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 Item 11. - 57 xB -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. Staff Level Classifications Hourly Wiling 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 II $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 Callfornla Prevailing Wage requirements. Overtime: All Employees classified as "non-exempr 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 propose/ is valid for the first contract year and is subject to annual review and adjustment, with the approval of the Co.. 20 M I /2015 HB -199- Item 11. - 58 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUE T 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 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 Department Head Sig I 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 frpnj the City Administrator's Office is only required if Risk Management apetp City Attorney's Office disagree. 1. blk Management � r � / l Approved ❑ Denied ✓-� / ` Signatur Date 2. City Attorney's Office ❑ Approved ❑ Denied Signature I bate 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 'L9tifLUl0 J:UO:UU HM Item 11. - 59 nce waiver Form (1).doc - HB -200- 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 7 492,134 492,749 56,797 95;D49 48,871 51,437 1 631 9,124 9,360 636,927 649,227 Trade receivables 125,835 130,776 Current financial assets 27,996 26,253 Other current assets 19,034 16,968 3,317 Cash and cash equivalents 3,690 Total Current assets 176,665 177,314 Total Assets 81.3,482 .826,641 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 140,724 148,739 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 Beiglum 206,365 376,595 of which external borrowings 200,000 39,841 6 42,473 Deferred income tax liabilities 257 1,078 Other non -current liabilities 698,050 609,728 Total Non -current liabilities Trade payables 27,103 " 27,374 Other current liabilities 36,934 38,523 Bank borrowings 16 1,655 17 21161 Other current financial liabilities 65,708 68,076 Total Current liabilities Total Equity and Liabilities 813,482 826,641 xs 01- Item 11. - 60 In thousands afUSD 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) (72,606) (1,486) (1,412) (12,197) (11,891) 463 (2. Q 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 minority interests 5,820 5,843 Item 11. - 61 xB -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 asses 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) - Met 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 (8,465) (11,687) Foreign Exchange effects (78) 0 Net change in cash & cash equivalents 373 1,025 xB -203- . Item 11. - 62 A d CERTIFICATE OF LIABILITY INSURANCE °2'°srzQ16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPOW THE CERTIFlCATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE. POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSQRER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the cerl)flcate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. ff SUBROGATION IS WANED, subject to the the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to e certificate holder In lieu of such endorssmsnt(sJ ym CONTACT -., (PRODUCER NAME: Aon Risk Services Northeast. Inc. AlGNa Ea,: Bfi6-2E3-T122 F No : 800-363-0105 0 Aon Risk services Northeast, Inc. EMAIL NY NY office ADDRESS: Z 199 Water street NAICJt NEW York NY 10038-3S51 USA INSURER(SiAFFORDINGCOVERAGE au Veritas North America, Inc. Camino Ramon, suite #122 Raman CA 94583 USA CERTIFICATE MAY BE ISSUED OR EXCLUSIONSAND CONDITIONS OF rml LTR TYPE OF WBURANCE X I CDMNERMAi aENERALLIABILI Y CLAW-iIADE xOOCCUR POLICY I X : -- I LOG OTHER: A AUTOeOBILELIABILITY B X ANYAUTO ALLOINNED SCHEDULE AUTOSAAUTC5 S HIRED AUOWNED X umeRMICCUR DLCEss LAIMS-MADE EMPLOYERS' LJABIL" Y I N ANYJ PROPRIErOR FWARNEUBERPDLOLUMM S(ECUTIVEN NIA (Mandatary In NHI ryyeesa, drvlh undo, OEBCRIPTION OF OPERATIONS babes K ArchittiEng Prof ESCRvncN of OPEARONS I LOCATIONS / VEHICLES (A E: Plan Review services. he City, its officers elected or app ccordance with the policy provisions 4 rofessional Liability a dr,FfWKJCfe INSURER A: Hartford Fire Insurance Co. INSURERe: Hartford Underwriters insurance Company INSURERe: Trlin City Fire insurance Company INSURERD: Trumbull Insurance Company INSURERS Hartford Casualty Insurance CD INSURER,: Sentinel Insurance CampanY, Ltd OR CONDITION OF ANY CONTRACT L RANGE AFFORDED BY THE POLICIES HOWN MAY HAVE BEEN REDUCED 8) POLICYNUMSER IAA AS S412W AS 541203 RfR-6aCUMtNT WITHH TH H R I8ED•EIN IS SUBJR CST TO ALECTL THEWHITERM CLAIMS. Limits shown Ara As YEWS' VYYYYI • LIMITS EACH OCCURRENCE $1,000, PREMISES me am, - MED 803(ArYOne PKION $1.000. 310, PERSONAL & ADV INJURY $1,000, OEtERALAGOREGATE S2,1000. PRODUCTS •COMPICPAGG S2,000, /2017 /2017 COMBINED SINGLE LIMIT $1,000, SOOLYINJURY(Parpaadnl a001LYINJURY jPar arsldarq EACHOCCuiRENCE ,uw, AGGREGATE $5,000, ADS E.L. EACH ACCIDENT al,w",uu iMs41200 01/01/2016 01/&/2017 AK,]]), I1, N7 , NY EL OISEISEFA EMPLOYEE S1, 000, 00 E.LDISEASE•POLICYLIMIT S1,000,00 PPL2006 3 01 011201E 01/0 017 Each Claim $1,000,00 SIR applies per policy teras JL condi DOS Aggregate $1,000,00 SIR $10,00 11, AddlganYRamarl0 Sahadule, may to albahad ff mote apace is rMulrad) 1 officials,. loy?es agents and volunteers are included as Add! Insured in 1 General_Liabbiity policy. Tile Architects i Engineers policy includes coverage far CERTIFICATE HOLDER CANCELLATION — ANY OF THE ABOVE DESCRIBED POIJCIES BE CANCmIED BEFORE THE EJIPM-MON OATE THEREOF, NOTICE W.L. BE DELIVERED IN ACCORDANCE WITH THE Ml&ael• Gates, City ArLut I I POLICYPROWSIONS. City of Huntington Beach AUTHOR® REPRESENTATNE Attn: Risk manager 2000 main St. ,��J �j y."6 � ,(/ � Huntington Beach CA 92648 USA ej�-�y6 cJI M988-2D14 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks.of ACORD Item 11. - 63 xB -204- 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 Eliminatlon 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 subsidiaries (2,315) (35,872) Net Cash Flow from investing activities (10,637) (45,240)' 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 (8,465) (11,687) Foreign Exchange effects (78) 0 Net change in cash & cash equivalents 373 1,025 HB -205- Item 11. - 64 AGENCY CUSTOMER ID: 570000049592 LOC 9: AnnITIMIA1 Pr:UARKS Sr'.HFnULF- Page _ of _ AGENCY • • ! • — — _ NAL40 WSURED AOn Risk services Northeast, Inc. Bureau Veritas North America, Inc. POLICY NUMBER see Certificate Number: 57006116173.8 CARRIER NAIC CODE . See Certificate Number: 570061161719 EFFECnVE DA E ADDITIONAL RENtAKKS THIS ADDITIONAL REMARKS FORM 1§ A SCHEDULE TO ACORD F FORM NUMBER: ACORD 25 FORM TITLE:. Certificate of LlablM INSURER(S) AFFORDING COVERAGE NAIC # INSURER G : Property & casualty Ins co of Hartford 34690 aISORER H : Hartford insurance Co of The Southeast 39261 INSURER I : Hartford Acciderrt & indemnity company 22357 INSURER ] : Hartford Ins co of the Midwest 37478 ADDITION$I+ POLiC]ES If a policy below does not include limit information, refer to the corresponding policy On me AL;U" I certificate form for policy limits. - - POLICY POLICY Im ADDL am POLICYNc?dRER zmcrm MMIR TiON ' LD= r M I'YPI OSDISQRA= I= Im DATZ DA3X WORKERS CONDENSATION N/A OV01/2O15 01/01/2017 e ji(ywNs4:L2ao HI, NA N/A IMMS41200 01/01/2016 01/O1/2O17 _ AZcAGAKYNIMN MTNEt F N/A IOWNS41200 01/01/2016 01/01/2O17 rA ACORD101(2008r011 �_�__._...—•.-__ -- _ 1'4a ACORD name and logo are reglarered mart of ACORD Item 11. - 65 HB -206- AGENCY CUSTOMER ID: 570000048582 LOC #: 4COR0� ennr-r-rnNer RFMORKS SCHEDULE Page _ of _ awv■ a ■v■ v �r kGENCY NAMEDINSURED 4on Risk Services Northeast, Inc. Bureau veritas North America, Inc. IDUCY NUMBER See Certificate•Number: 570061161718 JARRIER NAIL CDDE See Certificate Number: 5700611E1718 Erfec�IveoATE MUUI I Iunr%6 --- THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabift Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSMR K: Allianz rlobal Risks u5 insurance Co. 35300 INSURER INSURER INSURER IrADMIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate fora for policy limes. IN6A I DD Is I POLICY NMM I =F CIIVL I RSPI � ON I � = Tyry OFINSIm"CE -- •rron M=DnDATIMJ all rinhts mseMd I ACORD tot Ixooeroyl The ACORD name and logo are registered marks otACORD HB -207- 1 Item 11. - 66 C Bid Results for Project Fire inspection and plan review services (2015-0625) Issued on o6/25/2o15 Bid Due on July 21, 2015 4:00 PM (Pacific) I Exported on 07/21/2015 CIN J Bidder Info vendorlD vendor Name d 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. DlrectorofMunicipal 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 714-45G-1700 Eft 70007 far Iv O 00 A dress 4067 Hardwick Street PMB 250 15061 Springdale Street 180 Promenade Circle, Suite 150 6711 Pimlico Circle 801 Park Center Drive 2099 5 State College Blvd Respondee Email hayer@hcipc.com td:mura @interwestgrp.com patrick.fieldL@us.bureauveritas.com almfireandsafetyL@socal,rr.com. rayi@csgengr.com mmershtmerL@Jensenhughes.com Address City State ZipCode Country Vendor Tin Respondee Lakewood CA 90712 United States Navdeep'Soni'K. Hayer Suite 205 Huntington Beach CA 92649 United Stal Local Tlm D'Zmura Sacramento CA 95834 United States Patrick Field HUntington Beach CA 92648 United Stal 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 Responslv4 Buyer Comment . $0.00 Electronic 7/21/2015 15:46 Submitted $0.00 Electronic 7/17/20151459 Submitted $0.00 Electronic 7/21/20158:05 Submitted $0.00 Electronic 7/21/201513:43 submitted $OAO Electronic 7122/201515:02 Submitted $0.00 Electronic 7/20/201513:09 Submitted .J -tom _ _�L PROFES SIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JENSEN HUGIMS, 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 CaEkmia, here nafter referred to as "CITY,- and Jensen Hughes, Inc, a Corporation hereinafter refered to as "CONSULTANT." Vim, 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 Ezhibit "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 agrr✓ saff'nd/pmfoss =d sm mayor 1 of 11 10/12 HB -209- Item 11. - 68 3. TERM.• TM E 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 E 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 ben the PROJECT if mutuOy 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 tc 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 one hundred and eighty thousand dollars Dollars ($180,000). s. 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 teams of Exhibit "B," agree/ =rf tVPr0fW3iaael SM mayor 2 of 11 10112 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, ail 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. g, Pg OFFSSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work pezfiarmed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars egraJsurbeNpmfessioneravosmaYm 3 of 11 lam 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 materiels 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 ofinsurance 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 8s required by this Agreement; the certif cate shall: agmW sadierrpmfentcuai was mayor 4 of 11 lal2 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 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 C=. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANTS defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required- 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANTS 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 egmal s►ro=tipmf ionel NO Murr 5 of 11 101.12 HB -213- . 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. COPYRIGHTSIPATENTS 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 pedvrmed 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 Califomia 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 semel surfnedprakniousl svm mayor 6 of 11 1D/i2 Item 11. - 73 HB 14- 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 ATIN: 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 consentlapproval 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 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 agamst 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/ surfncclpm&sslonai secs mayor 7 of 11 10112 HB -21 s- 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. liyMGRATION 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 AFW nubdIPmknicaui Svcs mayor 8 of 11 1a12 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 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 hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's Iength 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/ M arncvprofzssfmw avw mayor 9 of 11 1= xB -21 7_ Item 11. - 76 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 inspecting 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 WTMSS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agmelsur&edpro&esional Svcs mayor 10 of 11 1= Item 11. - 77 HB -218- CONSULTANT, Jepsen Hu&s, Inc. COWANYNA M 1Fe-A' ttr--. prkaama ITS: (clydr one) Chakmanftald oa Pm.+ident AND r L $ i ITS: (circle W4 5eamt Ftmant lal Offio Asat Scmubq- ZYaawrar CITY OF HUNT' NGTON BEACH, a municipal corporation of the State of California Mayor City Clerk RinUTED AND APPROVED.- AN/ - Fire Chief I Q City Manager qxW aarJi►*zoharlwd rim mayor 11 of it Imu 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. Wthin 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). 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 xB -221- Item .l 1. - 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 fin: 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 building 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 reviewfinspection, 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 engineers/consultants. All reviewlinspection 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 -2233- Item 11. - 82 V711t 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 All billing shall be done monthl in fifteen (15) minute incasements 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 shalt: 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 CONSULTANTS 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- S. 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 fours 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 -225- Item 11. - 84 Exhibit B-1 REQUEST FOR PROPOSAL - CITY OF HUNTINGTON BEACH, CA Q FIRE PREVENTION INSPECTION AND PLAN REVIEW SERVICES JENSEN HUGHES F. Fee Proposal CLASSIFICATION HOURLY RATE I A Associate $110 ims"- Owl Fire Protection Engineer 111 Consultant 11 $175 IR Sr. Fire Protection Engineer 111 Sr. Consultant 111 Assoc. $215 Director �;.�T","•7 CX W 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 -226- CERTIFICATE OF LIABILITY INSURANCE DATE.(MMIODmnm 2/e/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 13Y 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, B the certificate holder Is an ADDITIONAL INSURED, The po0cy(lesj must be endorsed. B SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies mar require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement sj, PRODUCER beP Iaeureace 1900 K. Golf Road Suite SSO Schaumburg IL 60173 TACTNAME Sara Culotta PHDNE (847) 934-2690 AfC •(847) 934-6186 E�RAIL a lottaede ins. ads INSURER AFFORDING COVERAGE NAIC} • fNSURERA:Travelers Prop Casualty Cc of Am 25974 INSURED JSNSBH HUGHH6, INC.r Hughes Associates, Inc., The RJA Group, Inc; and Its Subsidiaries 3610 Commerce Drive *817 INSURERe:Trayslars Ind. Cc of America 25666 INSURERC:Ironshore Speciality Insurance 25445 INSURERD: INSURERE: Baltimore No 21227-1652 INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FQkTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.,LIM17S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR TYPe OF INSURANCE A D'SUER POLICY NUMBER POLICYEFF POLICYEXP LIMITS A Z CONMERCIALGENERALLIABILITY EACH OCCURRENCE S . 1,000,000 CLAIM54ME a OCCUR P6305009X462TIL16 1/21/2016 2/21/2027 nme S 1 000,000 MEDEXP M one nmN $ 10,000 PERSONAL4ADVfNJURY S 1 000, 000 GENERALAGGREGATE $ 2,000 000 GEN'LAGGREGATE�LIMIT APPLIES PER POLICY ❑X LOC PRODUCTS -COMPIOPAGG { 2,000,00() _ O AUTOMOBIIFLUiSILI1Y COtE.MBI EDSINGLE LIMIT S 11000,000 8 AUTO BA5009X46216CAO 1/11/2016 1/31/2a17 BODILYINJURY(PerPersoN i ALL NED SCHEDULEDALRO6AUTOS BODILYINJURY(Perecdd" r JXNYA ha RED AUTOS X AUTOED RrP d 7 s A X UNBRELLALIAB X OCCUR ZUP15B7802116NF 1/21/2016 1/11/212I7 EACH OCCURRENCE $ 4,000,000 EXCESS LWB CLAIMS -MADE AG13REGATE r 4 , 000, 000 MD I X I RETENTIONS 10 000 S A WORKERS COMPEIMATION Y ER OTN• ANDEMPLOYERS'LIABILITY YIN PJUB5009X46216 1/11/2016 1/11/2017 EL EACH ACCIDENT { 1,000,000 ANYCERIMIMBEREXCLUDEEXECi1T1VE OFPICERIMEMBER EXCLUDED? Q N / A E.L DISEASE -ESA EMPLOY i 1,000,0()o pUeeldatory In NHj R yee� dseclbe under E.L. INSEASE•POUCYUMIT S 1,000.000 DESCRI TIONOFOPERATIONSbBW C Professional Liability 000811105 11/17/2a15 11/17/2016 Limit Bach 5, 000, 000 Including Pollution Occ Aggregate Per Claim Dad, 10,000 DESCRIPTION OF OPERATIONS ILOC ATIONS r VENICM (ACdw 101, AdM00all R&IrAft Sahequp, spy he eaeshed If Mrs space Is roggssq) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and vcluntsere are additional insured with respect to General Liability and Automobile Liability when required by written contract. General Liability provides primary non -Contributory coverage(. APPROVED AS TO FORM 1 IA. chael Gates, City Attorney B=LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DMIVERED W City of Huntington Beach ACCORDANCE. WITH THE POUCY PROVISIONS; 2000 Bain St. AUTHORIZED REPRESENTATIUe Huntington Reach CA 92640 0106E-2014 ACORD CORPORATION. Ali rights reserved. wvrcu AD IZU141uT) The ACORD (lame and logo are registered marim of ACORD HB -227- ....... _..-...II Item 11. - 86 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 dd 345900 Hayer Consultants, Inc. 223296 Interwest Consulting Group 255364 Bureau Verltas 198797 AIM Fire and Safety 374094 CSG Consultants, Inc. 376274Jensen Hughes Respondee Title Respondee Phone Vice -President 562-377-1678 Ext. Director of Municipal Services 714-975-9048 Ext. 9048 Director of Operations 714-431-4100 EA. Owner 562-472-8569 Ext. Fire Services Manager 714-568-1010 EA. Associate 714-450-1700 EA. 70007 O A J DD A ress 4067 Hardwick Street PMB 250 15061 Springdale Street 180 Promenade Circle, Suite 150 6711 Pimlico Circle 801 Park Center Drive 2099 S State College Blvd Respondee Email haver@hcipc.com tdzmura@lnterwestL,rp.com patrick.fieid@us.bureauveritas.com aimfireandsafetv@socal.rr.com rayi@csgengr.com- mmershimer@jensenhughes.com Address 2 City State Lakewood CA Suite 205 Huntington Beach CA Sacramento CA HUntington Beach CA Suite 230 Santa Ana - CA Anaheim CA Bld Amount Format $0.00 Electronic $0.00 Electronic $0.00 Electronic $0.00 Electronic $0.00 Electronic $0.00 Electronic ZipCode Country Vendor Tyl Respondee 90712 United States Navdeep'Son!' K. Hayer 92649 United Stall Local Tlm D'Zmura " 95834 United States Patrick Field 92648 United 5tal Local John J. Dompke 92705 United States CSG Consultans, Inc. 92806 United States Mathew Mershimer Bid Submit Date Bid Status Responsive Buyer Comment 7/21/201515:46 Submitted 7/17/2015 14:59 Submitted 7/21/2015 8:05 Submitted 7/21/201513:43 Submitted 7/21/201515:02 Submitted 7/20/2015 13:09 submitted