HomeMy WebLinkAboutCSG Consultants, Inc. - 2019-12-16 �p�sty-A,Si-�T)
City of Huntington Beach
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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 4Leaf, 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:
A Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and Bureau Veritas North America, Inc. for Fire Prevention
and Plan Review Services;" and, PILE
B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract,
Between the City of Huntington Beach and CSG Consultants, Inc. for Fire Prevention and Plan
Review Services" and
C) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huptington Beach and 4Leaf, Inc. for Fire Prevention and Plan Review Services."
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
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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
a 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
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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
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CSG CONSULTANTS, 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 CSG Consultants, 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 Khoa Duong 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.
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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."
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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:
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"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
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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
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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
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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:
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TO CITY: TO CONSULTANT:
City of Huntington Beach CSG Consultants, Inc.
ATTN: Fire Chief 550 Pilgrim Drive
2000 Main Street Foster City, CA 94404
Huntington Beach, CA 92648 ATTN: Khoa Duong
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
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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.
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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
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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
CSG Consultants, Inc. municipal corporation of the State of
California
By:
r
print name
ITS: (circle one)Chairman/President/Vice President
City Clerk /Z/•Z�1//mil ,�
AND
IN IA ED AND AP
By:
print name Chief
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer
EVIE AND PPROV
City Manager
COUNTERPART
APPROVED
ity Attorney 1i/V
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Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respectuig 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 Hi 1NTINGTON BEACH, a
CS0 Consultants,Inc. municipal corporation of the State of
California
By: -
Mayor
l int name
ITS: (circle ate)ChairmtmAl�vicc Presidcnt
City Cleric
AND
INITIATED AND APPROVED:
I By:
print name Fire Chief
ITS: (circle au eoretar hief Financial Officer/Asst.
secretary-Treasurer
REVIEWED AND APPROVED:
COUNTERPART City Manager
APPROVED AS TO FORM:
City Attorney ob
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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.
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. Billin
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
Fee Proposal
CSG's standard billing rates for proposed work are provided in the table below.
CSG will coordinate the pickup and return of all plans to CSG via staff or a licensed courier service.
[ROLEREVIEW TYPE
Fire Plan Check& Inspection i $110
Expedited Review $165
All hourly rates include overhead costs including, but not limited to,salaries, benefits,Workers
Compensation Insurance,travel and office expenses.Should the scope of work change,or circumstances
develop which necessitate special handling,CSG will notify the City prior to proceeding.On each of the
anniversary after the initial 3 years of the contract start date,CSG will initiate a rate increase based on
change in CPI for the applicable region. CSG will mail an invoice at the beginning of every month for
services rendered during the previous month.
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CSG CONSULTANTS, INC.
FOR
FIRE PREVENTION AND PLAN REVIEW SERVICES
Table of Contents
1 Scope of Services.....................................................................................................I
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
A`C�" CERTIFICATE OF LIABILITY INSURANCE FDAT12/5/2Do 9YY}
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.
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:
Arthur J.Gallagher&Co. PHONE 415-536-8817 FAX No:415-53B-8827
Insurance Brokers of CA, Inc. LIC#0726293 E-MAIL --
12135 Battery Street, Suite 450 D E • certregutstA@a'iq.com
San Francisco CA 94111 INSURERS AFFORDING COVERAGE NAICN
INSURER A:American Fire and Casualty Company 24066
INSURED CSGCONS-01 INSURER e:Arch Insurance Company 11150
CSG Consultants, Inc.
550 Pilgrim Drive INSURER C:West American Insurance Company 44393
Foster City CA 94404 INSURERD:Redwood Fire and Casualty Insurance Co 11673
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER:1050647545 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.
ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MOLICY EFF TO-MMLIC YEYYY
LIMITS
C X COMMERCIAL GENERAL LIABILITY Y Y BKM0684163 12/4/2019 2/2/2020 EACH OCCURRENCE $1,000,000
DAMAGE TO RENT17115-
CLAIMS-MADE LKI OCCUR PREMISES Ea occurrence $500.000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1.000,000 _
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000
POLICY❑PRO-
�
JECT LOC PRODUCTS-COMP/OP AGG $2,000,000
F1 OTHER: No Died $
A AUTOMOBILE LIABILITY Y Y BAA60684163 12/4/2019 2/2/2020 COMBINED SINGLE LIMIT $1,000,000
Ea cadet
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY A PROVED AS TO FORM Peraccident) $
No pad $
A X UMBRELLALIAB X OCCUR Y Y USA 0 12/4/2019 2l2/2020 EACH OCCURRENCE $5,000,000
EXCESS LIAR CLAIMS-MADE Y, MICHAEL E. GATES AGGREGATE E5,000,000
DED I X I RETENTIONSn CITY ATTORNEY $
p WORKERS COMPENSATION 12/4/2019 12/4/2020 X STAT E ER NO Ded
AND EMPLOYERS'LIABILITY YIN l
ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000
OFFICE R/MEMBER EXGLUDED7
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If M.descnbe under
DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000
B Professional Liability Y PAAEP0008804 1214/2019 1214/2020 Each Claim $5,000,000
retro dale. 1/111991 Aggregate $5,000,000
Deductible: $10,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
All operations of the Named Insured.Cedholder in full:City of Huntington Beach,its officers,elected or appointed officials.employees,agents and volunteers.30 Day Notice of Cancellation on
Professional per attached.
CERTIFICATE HOLDER CANCELLATION
City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Huntington Beach,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
01988-2015 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: 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
1IENQ,01LR NAW MmEtllUm�uafi��ioaharts�
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 5
4'1Total
r a4 r
II. DUE DILIGENCE REVIEW
• Interview Ranking: 1
VENDQR"NAME_: SuMRfiro�Rev ew
• Excellent in methodology and staffing
• Over 175 clients, including OCFA
• Wide breadth of qualifications and experience
VENDOR M1 _Rricing ,. _ __-
x
Plan Review and Inspection Services-$110/hr.
• Expedited Review Services - $175/hr
555
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 EXPERTSIRATERS: 1. Inspection Supervisor, Community
Development 2. Fire Protection Analyst 3. Economic Development Administrative Analyst
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: 1 ,405
V NR4# E., Mirlimultt Qttafifications
-
y
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 r
Total = -���r_,__._.. � ._� >-- ._..._ :.
II. DUE DILIGENCE REVIEW
• Interview Ranking: 2
V„ENDOR NAME Summary 4f Review ,
• 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.
556
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
WE
NDOR NAME-Minimum Qualifications
�-
.R®view
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 � .
i_-2 FM,5Q5 "
II. DUE DILIGENCE REVIEW
• Interview Ranking: 3
__._ENDOR NAME�Summa,�y_of Review
• Excellent qualifications for this type of work
• 24-hour turn-around on plan checks and inspections
• Innovative approach
• 145 inspectors on staff
VENDORNAM 'NCt1
• Plan Review Services$150-$155/hr.
• Inspection Services-$85-$135/hr
557
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
1. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: 1,148
V [�DO7�A11flE Minimum Qailtf�e�tions
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
if. DUE DILIGENCE REVIEW
• Interview Ranking: 4
llD�R'NAME--Summary of Review 1
• 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
�/ NDQk2NAME Pricing `_ q j
• Plan Review and Inspection Services-$65-$145/hr.
558
W.
' .• City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
December 26, 2019
CSG Consultants, Inc.
Attn: Khoa Duong
550 Pilgrim Drive
Foster City, CA 94404
Dear Mr. Duong:
Enclosed is a fully executed copy of the "Professional Services Contract between the City of
Huntington Beach and CSG Consultants, 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