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HomeMy WebLinkAboutBureau Veritas North America. Inc - 2019-12-16 City of Huntington Beach 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. Reco A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Co ct Between the City of Huntington Beach and Bureau Veritas North America, Inc. for Fire Preventi and Plan Review Services;" and, B�Approve and authorize the Mayor and City Clerk to�exec�ute -Profess�ional ServicesCo�ntract Between the City of Huntington Beach and CSG Consultants, Inc. for Fire Prevention and Plan Review Services;" and, +SEE cSEP^72ATE FILE' C#Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and 41-eaf, Inc. for Fire Prevention and Plan Review Services." *_SEL S A7-E FIL-e Alternative Action(s): 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 powereS*Legistar­ 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 powere5%LegistarTM 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 powerE512j LegistarTM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUREAU VERITAS NORTH AMERICA, 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 Bureau Veritas North America, Inc., a Delaware 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: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Patrick Field who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 19-8240/218636 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 Four Hundred Sixty Two Thousand Dollars ($462,000). 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." 1 9-8240/2 1 863 6 agree/surfnet/professional sves 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: 19-8240/218636 agree/surfnet/professional svcs mayor 3 of 11 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 19-8240/218636 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 19-8240/218636 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 19-8240/218636 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 1 863 6 agree/surfnet/professional sves mayor 7 of 11 5/19-204082 TO CITY: TO CONSULTANT: City of Huntington Beach Bureau Veritas North America, Inc. ATTN: Fire Chief 1601 Sawgrass Corporate Parkway,Ste.400 2000 Main Street Sunrise, FL 33323 Huntington Beach, CA 92648 ATTN:Trang Huynh 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 upon any other unless so expressly provided here. As used in this Agreement, the masculine or 19-8240/218636 agree/surfnet/professional svcs mayor 8 Of 11 5/19-204082 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. 19-8240/218636 agree/surfnet/professional sves 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 1 863 6 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 Bureau Veritas North America, Inc. municipal corporation of the State of California By: a or print name Q w ITS: (circle one)Chairman/PresidenWice President [/6� City Clerk AND INIT AT D AND AP By: print name ief ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer EVIE E N APPRO COUNTERPART City Manager APPROVE City Attorney ,I/ 19-8240/218636 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 Bureau Veritas North America,Inc. municipal corporation of the State of California By: — -- S Mayor print name ITS: (circle one)Chairman/President/Vi a President City Clerk AND INITIATED AND APPROVED: By: print name Fire Chief ITS: (circle one ecreta0y ief Financial officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney OM/ 19-8240/218636 agree/surfneUprofessional sves mayor 11 of 11 5/19-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULT ANT 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. C. CITY'S DUTIES AND RESPONSIBILITIES: l. 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 Ij ¢pu v�9 Statement of Qualifications City of Huntington Beach Fee Proposal Fire Prevention Inspection and Plan Review Services , 2$ Hourly Rates 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 quick inspection response times 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 190 years • Next day inspections Same day inspections for urgent matters Rates for project personnel are outlined below: Staff Level Classifications Hourly Billing Rate* Fire Marshal $160 Fire Protection Engineer $140 Senior Fire Plans Examiner $120 Fire Plans Examiner $105 Fire Inspector $105 *Pricing assumes that this contract is non-prevailing wage. For any prevailing wage projects, BVNA will discuss rates with the City to account for California Prevailing Wage requirements. We do not anticipate the use of subconsultants for this project. Overtime Overtime will be an additional 25% of the fees shown above. No overtime will be charged without approval. Mileage Mileage for employee-owned vehicles used in connection with work will be at the current IRS rate. The above rates will be valid for the full three-year period of the contract per the RFP specifica- tions. Bureau Veritas North America, Inc. 1 October 29, 2019 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUREAU VERITAS NORTH AMERICA, 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.................................................................................11 A��® DATE(M )2/`21/12018 CERTIFICATE OF LIABILITY INSURANCE 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 have ADDITIONAL INSURED provisions or be endorsed. m 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). a PRODUCER NDNTACT AOn Risk Services Northeast, Inc. PHONE FAX AD Risk rvices Northeast, Inc. (A/C.No.Eat): 866-283-7122 (MC.No.): 800-363-OIOS to o NY NY Oft-1 Ce E-MAIL = One Liberty Plaza ADDRESS. 165 Broadway, Suite 3201 New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC0 INSURED INSURERA: Hartford Fire Insurance Co. 19682 Bureau Verita5 North America, Inc. INSURER B: Twin City Fire insurance Company 29459 Suit Sawggrass Corporate Parkway INSURERC: Hartford ins Co of the Midwest 37478 Suite 400 Fort Lauderdale FL 33323 USA INSURER Hartford Accident & indemnity company 22357 INSURER E: Sentinel Insurance Company, Ltd 11000 INSURER F: Hartford Underwriters Insurance Company 30104 COVERAGES CERTIFICATE NUMBER: 570074336459 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. �E77(( Limits shown are as requested IN SR ADOL (MM/DWYYYY) (MM�O/YVVY) LTR TYPE OF INSURANCE INS& POLICY NUMBER LIMITS K X COMMERCIAL GENERAL LIABILITY USLOO159319 Ol 1/ 1 7110112020 EACH OCCURRENCE $1,000,000 DAMAGE 0 RENTE CLAIMS-MADE. �OCCUR PREMISES(Ea occurrence) $1,000,000 l-1 MEDE%P(Any one Person) S10,000 PERSONAL a ADV INJURY S 1,000,OOO N GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,006 M POLY �PRO- SP� 17.I LOC PRODUCTS- IC COMP/OPAGG $2,000,000 L� O O OTHER. N A AUTOMOBILE LIABILITY 10 AS 541202 01/01/2019 01/01/2020 COMBINED SINGLE LIMIT $1,OOO,OOO ADS (Ea ac r,t) A X ANY AUTO 10 AS 541203 01/01/2019 01/01/2020 BODILY INJURY(Per Person) o OWNED AUTOS SCHEDULED HI BODILY INJURY(Per accident) y ONLY AUTOS PPROVED AS TO FORM PROPERTY DAMAGE N HIRED AUTOS NON-OWNED (Peraccidefrt) ONLY AUTOS ONLY A, m K /01/2019 01/01/2020 EACH OCCURRENCE S5,000,000 % UMBRELLA LUIB H OCCUR MICHAEL E.GATES AGGREGATE $5 000,000 EXCESS LIAR CWMSMA.1 CITY ATTORNEY DED X RETENTION S10,000 Cn Y OF HUNTINGTON BEACH Ep opR I WORKERS COMPENSATION AND 1OWN541200 01/01/2019 01/01/2020 X STATUTE EH EMPLOYERS'LIABILITY YIN ADS ANY PROPRIETOR/PARTNER I EXECUTIVE E I.EACH ACCIDENT S1,000,000 C OFFICERIMEMBER EXCLUDED? N NIA 1OWNS41200 01/01/2019 01/01/2020 (Mandatory In NH) AK ID NY E.L DISEASE{A EMPLOYEE S1,000,000 II yeaA deealbe udder DEB'RIPTION OF OPERATIONS below E L.DISEASF-POLICY LIMIT S1,000,000 K Archit&Eng Prof USF00248019 O1/O1/2019 01/01/2020 Each claim S1,000,000— SIR applies per policy terns & condi ions Aggregate S1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101.Add,flonal Remarks Schadula,may be adacked if more space IF required) RE: Plan Review Services. The City, its officers elected or appointed officials, employees agents, and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. the Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. Self Insred Retention of $0.00 is included in accordance with the policy provisions of the Professional Liability policy evidenced in this certificate of insurance. 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 AUTHORIZED REPRESENTATIVE Attn: Risk Manager iiiC2. 2000 Main St. r� Huntington Beach CA, 92648 USA ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 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 9,405 -�iL50 II. DUE DILIGENCE REVIEW • Interview Ranking: 2 VENDOR NAME Summary of Review j • Strong firm qualifications • Understands City needs, having contracted here for 20+ years • Over 200 clients • In business for 44 years 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. 533 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 44 05 Total 1 If. DUE DILIGENCE REVIEW • Interview Ranking: 1 YE[ DOR:NAME—Summary of R�Wew • Excellent in methodology and staffing • Over 175 clients, including OCFA • Wide breadth of qualifications and experience YENDI3RI�IAiIliIE,—Pricing • Plan Review and Inspection Services-$110/hr. • Expedited Review Services -$175/hr 532 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 EXPERTS/RATERS: 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 Minimum Qualifications Review, 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 y I tYty �.yy- ■ y 1EC"(w•'4 Y�V Yr��` Total II. DUE DILIGENCE REVIEW • Interview Ranking: 3 VENDOR NAME,_ Summary_of Review • Excellent qualifications for this type of work • 24-hour turn-around on plan checks and inspections • Innovative approach • 145 Inspectors on staff NNDOR • Plan Review Services $150-$155/hr. • Inspection Services -$85-$135/hr 534 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 EXPERTS/RATERS: 1. Inspection Supervisor, Community Development 2. Fire Protection Analyst 3. Economic Development Administrative Analyst 1. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1,148 VENDOR NAME: _M'IttiimUin Qualifications 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 1,148 If. DUE DILIGENCE REVIEW • Interview Ranking: 4 ►/E IDOFt NAM E Summary of Review • 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-$1451hr. 535 ' .• City of Huntington Beach e `y. I 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov P�q `fFBTl),1909` � Office of the City Clerk Robin Estanislau, City Clerk December 26, 2019 Bureau Veritas North America, Inc. Attn: Trang Huynh 1601 Sawgrass Corporate Parkway, Suite 400 Sunrise, FL 33323 Dear Mr. Huynh: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and Bureau Veritas North America, 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