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4Leaf, Inc. - 2019-12-16
IIPMO VIED b-0 J C POSES/ -48SEAUT) City of Huntington Beach Y �✓Lrl 1, File #: 19-1204 MEETING DATE: 12/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: David A. Segura, Interim Fire Chief Subject: Approve and authorize execution of three Professional Services Contracts with Bureau Veritas North America, Inc., CSG Consultants, Inc. and 41-eaf, Inc. 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. These services are critical to keeping pace with the development occurring in the community, as well as providing essential fire protection/life safety fire prevention services. To provide these services, three qualified firms have been selected. Financial Impact: Funds would be made available from currently budgeted projects and are included in the Fire Prevention Professional Services (10065201.69365) and Oil Production Professional Services (10065204.69365) accounts. Additional City Council authorization will be requested for unbudgeted projects, as necessary. Recommended Action: 4 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 and Plan Review Services;" and,sws3>ih2� PILe B�Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Hu in ton Beach and CSG Consultants, Inc. for Fire Prevention and Plan Review Services" ILt C) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract QBetween the City of Huntington Beach and 4Leaf, Inc. for Fire Prevention and Plan Review Servic�" AFt$ ative Actions : Do not authorize one or more of the contracts and provide staff with alternative direction. Analysis: City of Huntington Beach Page 1 of 3 Printed on 12/11/2019 powerE5 4 LegistarTO File #: 19-1204 MEETING DATE: 12/16/2019 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 In Fiscal Year 2018/19, the Fire Prevention Division conducted 10,050 inspections and 1,870 development and fire protection/life safety plan check reviews that yielded approximately $1.2 million in annual revenues. These inspections covered businesses, residential facilities, hazardous materials occupancies, oil wells, and new construction. This Division also performed annual inspections of approximately 1,992 multi-family residential complexes, as mandated by the State. 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, CSG Consultants and 4Leaf will best meet the needs of the City. Each of the three proposed contracts are for a three-year term. Based on anticipated project plan review and inspection needs, the agreement with Bureau Veritas North America will have an amount not to exceed $462,000. The contracts with CSG Consultants and 4Leaf will each be for $123,750. The total for all three contracts will be $709,500, or $236,500 for each of the three years of the proposed agreements. In order to meet the demand for these services, approval of the attached contracts is recommended. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery 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 City of Huntington Beach Page 2 of 3 Printed on 12/11/2019 powerEE''1o1,r Legistar— File #: 19-1204 MEETING DATE: 12/16/2019 2. Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc. for Fire Prevention Inspection and Plan Review Services 3. Professional Services Contract between the City of Huntington Beach and 41-eaf, Inc. for Fire Prevention Inspection and Plan Review Services City of Huntington Beach Page 3 of 3 Printed on 12/11/2019 powerE51-2j LegistarTl PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 4LEAF, INC. FOR FIRE PREVENTION 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 4LEAF, Inc. a California 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 Kevin J. Duggan 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. 19-8240/218640 agree/surfnet/professional svcs mayor I of 11 5/19-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on December 16 , 20 19 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Twenty Three Thousand Seven Hundred Fifty Dollars ($123, 750). 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." 19-8240/218640 agree/surfnet/professional svcs mayor 2 of 11 5/19-204082 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 A. 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. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 19-8240/218640 agree/surfnet/professional svcs mayor 3 of It 5/19-204082 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a 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 19-8240/218640 agree/surfnet/professional svcs mayor 4 of 11 5/19-204082 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: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 19-8240/218640 agree/surfnet/professional svcs mayor 5 of 11 5/19-204082 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 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 19-8240/218640 agree/surfnet/professional svcs mayor 6 of 11 5/19-204082 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 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: 1 9-8240/2 1 8640 agree/surfnet/professional svcs mayor 7 of 11 5/19-204082 TO CITY: TO CONSULTANT: City of Huntington Beach 4Leaf, Inc. ATTN: Fire Chief 2126 Rheem Drive 2000 Main Street Pleasanton, CA 94588 Huntington Beach, CA 92648 ATTN: Kevin J. Duggan 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be 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 1 9-8240/2 1 8640 agree/surfnet/professional svcs mayor 8 Of 11 5/19-204082 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 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 19-8240/218640 agree/surfnet/professional svcs mayor 9 of 11 5/19-204082 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 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 1 9-8240/2 1 8640 agree/surfnet/professional svcs mayor 10 of 11 5/19-204082 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. CONSULTANT, CITY OF HUNTINGTON BEACH, a 4Leaf Inc. municipal corporation of the State of 7 California By: print name --7a r Q w� ITS: (circle one)Chairman/President/Vice President 1/61 City Clerk 'W/9 A)9 AND I ED A D AP D: By: / print name t hief ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer EVIE ND PROVED COUNTERPART City Manager APPROVED O City Attorney 19-8240/218640 agree/surfnet/professional Svcs mayor 11 of 11 5/19-204082 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. CONSULTANT, CITY OF HUNTINGTON BEACH,a 4Leaf Inc. municipal corporation of the State of California 5 By: f ° 14L4w � T� print name ITS: (circle one)Chairman/President/Vice President _- City Cleric �ND INITIATED AND APPROVED: ec By. � z S` print name l ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: COUNTERPART City Manager APPROVED AS TO FORM: City Attorney 1}N 19-82401218640 agree/surrneuprorenional secs mayor 11 of 1 I 5119-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide fire inspection and plan review services for the City of Huntington Beach Fire Department. Consultant shall adhere to all internal policies,procedures, and direction from the Fire Marshal or designee for all work performed on behalf of the City. Awarded consultant will need to become familiar with City of Huntington specifications and Fire Department specific code amendments. For work on City property, administrative policies: including use of email, security, protection of property, etc. must be followed. 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. Document fire prevention activities into fire department records management system and City permit software. Documentation includes, but not limited to, inspection reports, notices of violation, routine correspondence, and enforcement summaries. d. Complete fire prevention activity reports, as requested. 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 special project work when requested by the Fire Marshal or designee. Such items include inspections, research or data clean-up. Special projects are generally short term in nature and include specific timeframes and deliverables. 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. EXHIBIT A 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 as requested. j. Regularly meet with Fire Marshal or designee. k. Perform, as needed, special projects 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. m. Provide continuing education and training, not at City expense. n. Provide necessary tools, including things such as laptop computer, clipboard,tape measure, personal protective equipment, automobile, etc. r 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 as requested 4. Timely payment of invoices upon receipt and approval. 5. City will provide necessary logins and access to software required. 6. City may provide on-site office space, as available, which may or may not include city computers and other city resources. 7. City will provide access to city facilities during normal working hours. No access will be granted after hours, weekends, or holidays that are recognized by the City. D. WORK PROGRAM/PROJECT SCHEDULE: As needed EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached fee 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 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B Exhibit B S&VAI 4LEAF, INC. ENG{NFE11ING.CONSTRUCTION MANAGEMENT BUILDING INSPECTION•PLAN CHECK Section F: Fee Proposal 2019-2020 FEE SCHEDULE & BASIS OF CHARGES For the City of Huntington Beach Project Management Services* Principal-in-Charge $ 185 per hour Project Manager $ 150 per hour Plan Review Services* Fire Protection Engineer $ 155 per hour Fire Plans Examiner $ 120 per hour Office Engineer $ 155 per hour Field Engineer $ 150 per hour Inspection Services* Fire Marshal $ 135 per hour Fire Prevention Officer $ 110 per hour Hazardous Materials Inspector $ 105 per hour Fire Inspector 11 $ 95 per hour Fire Inspector I $ 85 per hour Administrative Services* On-Site Counter Technician $ 65 per hour *All prices will remain valid for three(3)years after execution of contract. BASIS OF CHARGES • All invoicing will be submitted monthly. • Staff augmentation is subject to 4-hour minimum charges unless stated otherwise.Services billed in 4-hour increments. • Overtime and Premium time will be charged as follows: - Nighttime(work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime(over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime(over 8 hours Sat or 1518-hour Sun) 2 x hourly rate Overtime(over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Client. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • All billable expenses will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5%interest charge. • Client shall pay attorneys'fees,or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF's liability will be limited to the value of services provided. • Requested services and their applicable rates will be limited to available staff at the time of request when work is less than full time(40 hours per week). 4LEAF reserves the right to negotiate a 3%escalation each contract term. • Client mandated training will be reimbursed to 41LEAF at cost+20%. Proposal to Provide Fire Prevention Inspection and Plan Check Services Page 1 of 1 Section F;Fee Proposal October 29,2019 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 4LEAF, INC. FOR FIRE PREVENTION AND PLAN REVIEW SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices........................................ ..............................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL AND 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 written turnaround requirements, provide list of items needing correction, advise Fire Marshal as required. VENDOR: CSG Consultants, Inc. OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Inspection Supervisor, Community Development 2. Fire Protection Analyst 3. Economic Development Administrative Analyst I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1,445 VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 65 75 Firm Qualifications 350 375 Staffing 375 375 Understanding& Methodology 300 300 Cost/Price 225 225 Reference 130 150 Local Preference 0 5 Total 1,445 1,505 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 1 [ DCt 1N1E . Summary of Review • Excellent in methodology and staffing • Over 175 clients, including OCFA • Wide breadth of qualifications and experience YND�QR NAME-Pricing 3 • Plan Review and Inspection Services-$110/hr. • Expedited Review Services -$175/hr 578 PROFESSIONAL AND 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 written turnaround requirements, provide list of items needing correction, advise Fire Marshal as required. VENDOR: Bureau Veritas North American, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Inspection Supervisor, Community Development 2. Fire Protection Analyst 3. Economic Development Administrative Analyst I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1 ,405 VENDOR NAME— Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 70 75 Firm Qualifications 375 375 Staffing 325 375 Understanding & Methodology 300 300 Cost/Price 195 225 Reference 140 150 Local Preference 0 5 Total f405 II. DUE DILIGENCE REVIEW • Interview Ranking: 2 VENDOR.NAME Review y„F • Strong firm qualifications • Understands City needs, having contracted here for 20+ years • Over 200 clients • In business for IA_year providing these services ,VENDOR,NAME-'.Pricing • Fire Marshal - $160/hr. • Fire Protection Engineer-$140/hr. • Senior Fire Plans Examiner-$120/hr. • Fire Plans Examiner - $105/hr. • Fire Inspector- $105/hr. 579 PROFESSIONAL AND 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 written turnaround requirements, provide list of items needing correction, advise Fire Marshal as required. VENDOR: 4Leaf, Inc. OVERALL RANKING: 3 SUBJECT MATTER EXPERTSIRATERS: 1. Inspection Supervisor, Community Development 2. Fire Protection Analyst 3. Economic Development Administrative Analyst I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1,285 VENDOR NAME-Min!mum Qualifications Total Weighted Maximum Criteria Score Score Proposal Clarity 70 75 Firm Qualifications 375 375 Staffing 350 375 Understanding & Methodology 260 300 Cost/Price 120 225 Reference 110 150 Local Preference 0 5 Total 1,285 1,505 II. DUE DILIGENCE REVIEW • Interview Ranking: 3 VENDOR NAME„ Summary of Revrew • Excellent qualifications for this type of work • 24-hour turn-around on plan checks and inspections • Innovative approach • 145 Inspectors on staff VENDOR NA _ • Plan Review Services $150-$155/hr. • Inspection Services -$85-$135/hr 580 PROFESSIONAL AND 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 written turnaround requirements, provide list of items needing correction, advise Fire Marshal as required. VENDOR: Unnamed OVERALL RANKING: 4 SUBJECT MATTER EXPERTSIRATERS: 1. Inspection Supervisor, Community Development 2. Fire Protection Analyst 3. Economic Development Administrative Analyst I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1,148 VENDOR`NAME—Minimum-'Quaiifcatic�is Review Total Weighted Maximum Criteria Score Score Proposal Clarity 40 75 Firm Qualifications 275 375 Staffing 275 375 Understanding & Methodology 240 300 Cost/Price 225 225 Reference 90 150 Local Preference 3 5 Total 1,146 z, If. DUE DILIGENCE REVIEW • Interview Ranking: 4 VENDOR NAMEumm 'ry ovIecw • Methodology and staffing were above average, but not as extensive as top three firms • Designated primary contact, with six staff to assist • A number of municipal clients referenced, including two in Orange County ({Newport Beach, Garden Grove) • Has 17 years providing these services VENDOR NAME Pricing • Plan Review and Inspection Services-$65-$145/hr. 581 4LEAINC-01MINED1j ,4coRt7 CERTIFICATE OF LIABILITY INSURANCE DATE YI brar2D24 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 pollcy(los)must have ADDITIONAL INSURED provisions or 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 a. PRODUCER License M OC41366 C ACT Granite Professional Insurance Brokerage,Inc. PHONE FA% 360 Lindbor h Avenue A1C NA Exl: 926 462.8400 A/C,No:(925)462-888a Livermore,�A 94551 .cotnmorcial granitelns.com L9URERI¢)AFFORDING COVERAGE NAICa NSURe A•Travelers Property casualty company of America 25674 INSURED SURER a:Travelers Indemni!y,Company of Connecticut 26682 4LEAF,Inc. I su E C,Redwood Fire&Casualty Insurance Company 11673 2126 Rhoom Or INSURER o:Evanston insurance 35378 Pleasanton,CA 94588 INSURER E: E NSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; '[HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Of: ANY CONTRACTOR OTHER DOCUMENT VYITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUWECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR AWL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE 1= POLICY NUNBER Ladin A X COMMERCALGENERALLABILITY EAb10CCURFE S GWNs OCCUR DA X[ X E 0RE o 11,,000000,000000T MED EXPI aro 6,000 ITyta ACY INJURY1,000,000 AGGft LIMIT ISPER: 4NERA AGGREGATE 2,000,000 Poua�X JPfff "L� DUCTS- P Go 2,000,000 HER. e�NE IS AUTOMOBLE LIABILITY A PR caM OVED AS TO FORM La I=0 SINGLE LIMIT $ 1,000,000 X ANY ALTO X 8107 6623 ,��.� 41912021 4/9/2022 No YINJUftYfPttpcJeon) DINNED SCHEDULE. 00 AUTOS OM.Y AUTOS BONLY INJURY Par acdeen X n{ soNLY X r",8f'o `'Lg �YIICFIAEL E. GATES E�Y MAGE CITY ATTORNEY UMBRELLAUAB I OCCUR EACH OCCURRENCE S EXCESS Like CLAIMS-LADE AGGREGATE DIED I RETENTIONS S C WORKERSCOMPENSATIGN X PER Oi H� ANO EMPLOYERS'LIABILETY ANYPROPRIEIgO�RpNARTNERJEXECUTIVE X !FOWC216639 4/912021 41912022 11000,000 an LarNN E.L.EACH ACOD N y EXCLUDED? NIA El tl -EA EMPLOYE1,000,000 II tlnV f 1,000,0 0 1ON OFCIP OP T tau E.L.DISE,hSE-MMY UMff D Professlonal:Lhille AIKLV7PL0004668 4/812021 419I2022 Each Clalm/Agg 2.000,000 D a IMKLV7PLOOD4668 41912021 41912022 Deductible 10,000 All operations of arced Insured. Certificate holder Its named additional re to Gene am iab Aua nq uto i All operations of the named insured.Certificate holder Is named ea addillonal Insured to General LIaU�lty and Automobile Llahlllry policies per attached l endorsements CG 03 81 0915 and CA T3 53 0215.Waiver of Subrogation applies to General Liability pot endorsement CG D3 81 0916.Waiver of Subrogation applies to Auto Liability per endorsement CA T3 53 02 15. I The City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are named as additional Insureds on General Liability and Automobile Liability policies per attached endorsomenls CG D3 81 0915 and CA T3 53 0216. Waiver of Subrogation applies to Workers Compensation policies per attached endorsement WC 99 04 10 C. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Bosch Fire Dept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 P ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Mein Street Huntington Beach,CA 9284E AUTHORIZED REPRESENTATNE Ili ACORD 25(2016/03) ®1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I POLICY# 8107RO25623 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or, organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under. the,YVho Is An Insured provision contained LIABILITY COVERAGE: in,.5,9ctjorl.11,. . ;. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership Interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your i j CA T3 53 02 15 O 2015 The Travelers Indemnity Company.At rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Sermeas Office,Inc.with Its perndsslon. COMMERCIAL AUTO i permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ao An Insured, of SECTION II—COVERED AUTOS lions. LIABILITY COVERAGE: (II) Neither you nor any other involved Any"employee"of yours is an "insured"while us- "insured" will make any settlement Ing a covered "auto"you don't own, hire or borrow without our consent. In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (III) in may, at our discretion, participate LIMITS in defending the "insured" against, or n the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "Insured" for ITY COVERAGE: sums that the "Insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described In Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II— COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "Insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- "s the "insured" against any such ERAGE—INDEMNITY BASIS uitn but only up to and included — within the limn described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation Imposed by the Insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (If you are a partnership), members rilofies and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 02015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance services Off1w,Inc.vAth Its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duly to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganizalion); or SECTION III _ PHYSICAL DAMAGE COVER- (a) Any"employee" authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident" or"loss" (1) Owned by an"insured'; and arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Indemnity Company.NI rIghts reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.Kith its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: I i i I I i I Page 4 of 4 W 2015 The Travelers Indemnlry Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with Its permisslai. Policy Number 680OJ268720 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following Is added to SECTION IL—WHO IS h. This Insurance does not apply to "bodily AN INSURED: Injury" or'properly damage" caused by "your Any person or organization that you agree In a work" and Included In the "products- "written contract requiring Insurance"to Include as completed operations hazard" unless the an additional Insured on this Coverage Part, but: written contract requiring Insurance" specifically requires you to provide such a. Only with respect to liability for%odliy Injury", coverage for that additional Insured, and then "property damage" or"personal Injury"; and the Insurance provided to the additional b. If, and only to the extent that, the Injury or Insured applies only to such "bodily injury" or damage Is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the °written of"your work" to which the "written contract contract requiring Insurance" requires you to requiring Insurance" applies, or In connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever Is eadler. The person or organization does not qualify as an 2. The following Is added to Paragraph 4.a. of additional Insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the Independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The Insurance provided to the additional Insured d. For "bodily Injury", 'properly damage' or Is excess over any valid and collectible other "personal Injury' for which such person or Insurance,whether primary,excess,contingent or organization has assumed liability In a on any other basis, that is available to the additional Insured for a loss we cover.However,If contract or agreement. you specifically agree In the "written contract The Insurance provided to such additional Insured requiring Insurance' that this Insurance provided Is limited as follows: to the additional Insured under this Coverage Part e. This Insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this Insurance Is primary coverage as an additional Insured specifically to other Insurance available to the additional Is added by another endorsement to this Insured which covers that person or organizations Coverage Pail. as a named Insured for such loss, and we will not share with the other Insurance, provided that: f. This Insurance does not apply to the rendering of or failure to render any (1) The "bodily Inju y° or "property damage" for "professional services".. which coverage Is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal Injury" for which coverage Is Coverage Pert shown In the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "Written contract requiring Insurance", the requiring Insurance". But this Insurance provided Insurance provided to the additional Insured to the additional Insured still Is excess over valid shall be limited to the limits of liability required and collectible other Insurance, whether primary, by that °written contract requiring insurance". excess, contingent or on any other basis, that Is This endorsement does not Increase the available to the additional Insured when that limits of Insurance described In Section III — person or organization Is an additional Insured Limits Of Insuranco. under any other Insurance. CG D3 81 09 16 02015 The TreVolers Indemnity Company.Au rights reserved. Page 1 of 2 Includes the copyrighled material of Insurance Services Office,Inc.,Mth Its permission COMMERCIAL GENERAL LIABILITY 3. The following Is added to Paragraph B.,Transfer 4. The following deflnlllon Is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring Insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to Include a person or organization as an against any person or organization because of additional Insured on this Coverage Part, payments we make for "bodily Injury', "property provided that the "bodily Injury" and "property damage" or'personal Injury arising out of "your damage" occurs and the "personal Injury' Is I work" performed by you, or on your behalf, done caused by an offense commtted: under a"written contract requiring Insurance"with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract Is In the "written contract requiring Insurance" with effect;and such person or organization signed by you c, Before the end of the policy period. before, and In effect when, the 'bodily Injury" or "property damage" occurs, or the"personal Injury' offense Is committed. i i i i i I I I i I Page 2 of 2 02015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 16 Inoludes the copydghled material of Insurenoo SoNloos OIRoo,[no.,wph Re permission I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2%to the total manual premium, with a minimum Initial charge of$350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium(prior to adjustments) All CA Operations This endorsement changes the policy to which It Is attached and Is effective on the dale Issued unless otherwise slated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective: 04/09/2021 POIICyNo.: POWC216539 Endorsement No.: Insured: Premium$ Insurance Company: Redwood Fire and Casualty Ins Co Countersigned by WC 99 04 10 C (Ed.01-19) ACORO® DATE(MM1DDfYYYY) AC� CERTIFICATE OF LIABILITY INSURANCE 12/312019 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 CONTACT NAME: Cert Team Granite Professional Insurance Brokerage Inc. PHONE FAX 6600 Koll Center Parkway#100 _(g 01 E dI;925-462-8400 I INC,Nol:925-462-8888 Pleasanton CA 94566 A 6Res_$: certrequest@graniteins.com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Travelers Property Casualty Company of America 25674 INSURED 4LEAINC-01 INSURERS:West American Insurance Company 44393 Inc. 2126 Rheem Dr INSURER C:National Union Fire Ins.Co PA 19445 2126 Pleasanton CA 94588 -INSURER D:Evanston Insurance 35378 INSURER E:Redwood Fire&Casualty INSURER F: COVERAGES CERTIFICATE NUMBER:1958175852 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD/YVYY MM1DDlYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 68WJ268720 4/972019 419I2020 EACH OCCURRENCE $2,000,000 CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES Ea occurrence S 1,0D0,000 MEO EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2000,D00 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY[X]JEC PRO- T LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y BAW(20)5(1806441 4/9/2019 4/9l2020 C)MBI N E D SINGLE LI MIT $Ea a de Ix ANY AUTO BODILY INJURY(Per person) S ALLOWNED SCHEDULED AUTOS AUTOS APPROVED AS TO FORM BODILY INJURY(Per accident) $ HIREDAUTOS X AUT ON-OWNED �� -(PeOarEtRde(DAMAGE $ S C UMBRELLA UAB X___ OCCUR BE 02e17 640MICHAEL E.(3ATE§ 4MI2019 4/9/2020 X EXCESS LIAR CITY ATTORNEY EACH OCCURRENCE $5,000.000 000 CLAIMS-MADE AGGREGATE $b,000.000 DED X RETENTION$ CM OF HUNTING'TON EACH $ E WORKERS COMPENSATION Y FON,C011885 41912C19 4/912020 X PER TH- ANDEMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACHACCIDENT $1,000.000 OFFICERIMEMBER EXCLUDED? ❑ N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT -$1,000.000 D Professional Liability MKLV7PL0003614 4I11/2019 4/9/2020 Each Claim 2,000.000 Annual Aggregate 2,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) All operations of the named insured.Certificate holder is named as additional insured to General Liability and Automobile Liability policies per attached endorsements CG D3 81 09 15 and CA 88 10 01 13.Waiver of subrogation applies to Genera(Liability per endorsement CG D3 81 09 15.Waiver of subrogation applies to Auto Liability per endorsement CA 88 10 01 13. The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as additional insureds on General Liability and Automobile Liability policies per attached endorsements CG D3 81 09 15 and CA 88 10 01 13.Waiver of Subrogation applies to Workers Compensation policies per attached endorsement WC 99 04 10 C. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach Fire Dept. 2000 Main Street Huntington Beach CA 92648 AUTHORIZ REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) 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 7 ism Office of the City Clerk Robin Estanislau, City Clerk December 26, 2019 41-eaf, Inc. Attn: Kevin J. Duggan 2126 Rheem Drive Pleasanton, CA 94588 Dear Mr. Duggan: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and 41-eaf, Inc. for Fire Prevention and Plan Review Services" approved by the Huntington Beach City Council on December 16, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand