HomeMy WebLinkAboutThe Code Group, Inc. dba VCA Code - 2021-09-21 City of Huntington Beach
File #: 21-681 MEETING DATE: 9/21/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve and authorize execution of four Professional Services Contracts for On-Call Plan
Check Services with CSG Consultants, West Coast Code Consultants, True North Compliance,
and The Code Group, Inc. dba VCA Code
Statement of Issue:
The Community Development Department requires on-call plan check services for as-needed
support staff to assist with private development plan check and general support services relating to
the Permit Center.
Financial Impact:
Funding for the first year use of these three-year contracts is provided in the Fiscal Year (FY)
2021/22 budget in General Fund account 10060501.69365. Subsequent funding will be requested as
part of the annual budget submittal/approval process. No funds will be expended on these contracts
unless they are approved in the City's annual budget. No additional funding is required by the
recommended actions. These contracts will be controlled with task orders. Cumulative task orders
will not exceed $800,000 during the three-year contract term unless on-call contract value is
amended along with approved appropriations.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute $800,000 "Professional Services
Contract Between the City of Huntington Beach and CSG Consultants, Inc. for On-Call Building
Division Plan Review Services;" and,
E B) Approve and authorize the Mayor and City Clerk to execute S800,000 "Professional Services
Contract Between the City of Huntington Beach and West Cost Code Consultants, Inc. for On-Call
Building Division Plan Review Services;" and,
'J� C) Approve and authorize the Mayor and City Clerk to execute $800,000 "Professional Services
Contract Between the City of Huntington Beach and True North Compliance Services, Inc. for On-
Call Building Division Plan Review Services;" and,
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File #: 21-681 MEETING DATE: 921/2021
D) Approve and authorize the Mayor and City Clerk to execute $800,000 "Professional Services
Contract Between the City of Huntington Beach and The Code Group, Inc. dba VCA Code for On-Call
Building Division Plan Review Services."
Alternative Action(s):
Do not authorize one or more contracts and direct staff accordingly. Plan check times are likely to
increase and service levels are likely to decrease until new contracts are approved.
Analysis:
Applicants who desire to construct projects within the City must submit plans for review to ensure
compliance with applicable City and state codes. Applicants who submit plans to the City pay fees
for plan review and expect reasonable turnaround times. The City currently only has one in-house,
full-time plan checker, which is not a sufficient level of staffing to respond to the volume of plan check
submittals received by the City. In addition, the City receives structural plans and other specialized
plan check submittals that require specific fields of expertise. Due to the cyclical nature of
construction activity, demand for plan review services can fluctuate from year to year. As such, the
City generally retains professional plan review firms to supplement plan review services in order to
meet demand as well as provide specialized plan review. This approach is a cost-effective method of
closing the gap between the demands for service and the ability of City staff to meet these demands,
while maintaining high-quality customer service levels.
Development activity and demand for plan review service is expected to increase in the coming
years. In anticipation of this demand, on July 1, 2021, the City advertised a Request for
Qualifications (RFQ) for On-Call Building Division Plan Review Services. Proposals were requested
and received in compliance with Chapter 3.03 of the Huntington Beach Municipal Code (HBMC),
"Professional Services." The City received 12 proposals. In accordance with requisite government
regulations, the Community Development Department established a three member review board to
evaluate and rank these proposals.
The proposals were generally quite impressive and the selection process very competitive. Following
proposal evaluation, the review board then interviewed four of the six teams representing the six
highest-ranking proposals (two teams are current consultants and did not need to be interviewed).
Following this selection process, staff is recommending that on-call contracts be awarded to the top
four firms, as follows: CSG Consultants, West Coast Code Consultants, True North Compliance
Services, and VCA Code.
Funding for professional plan review services is provided through the collection of plan check fees.
The proposed on-Call contracts will be used as necessary when the volume of applications exceeds
City staff resources. The proposed contract amounts are a not-to-exceed amount for a three-year
term, with no guarantee of work. Funding for these contract services is only through City Council
authorization in the budget approval process.
Environmental Status:
Approval of professional services agreements for building plan review is a government fiscal activity,
City of HunHrgton Beach Page 2 of 3 Printed on 9115Q021
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File #: 21-681 MEETING DATE: 9/21/2021
which does not involve any commitment to any specific project that may result in a potentially
significant physical impact on the environment. As such, the requested actions are not a project
pursuant to Section 15378 of the CEQA Guidelines and no further CEQA review is required.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and CSG Consultants,
Inc., for On-Call Building Division Plan Review Services
2. Professional Services Contract between the City of Huntington Beach and West Coast Code
Consultants for On-Call Development Review Engineering and Professional Consulting
Services
3. Professional Services Contract between the City of Huntington Beach and True North
Compliance Service, for On-Call Development Review Engineering and Professional
Consulting Services
4. Professional Services Contract between the City of Huntington Beach and VCA Code for On-
Call Building Division Plan Review Services
5. Professional Services Award Analysis
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PROFESSIONAL SERVICES CONTRACT I31::"I TEEN
THE CITY OP FIUNTINGTON BEACH AND
THE CODE GROUP. INC. dba VCA CODE
FOR
ON-CALL BUILDING DIVISION PLAN REVIEW SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of'
Fluntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY;" and The Code Group, dba VCA Code, hereinafter referred to as "CONSULTANT."
WHEREAS. CITY desires to engage the services of a consultant to provide on-call building
division 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' prol'essional service
contracts have been complied with: and
CONSULTANT has been selected to perform these services,
NOW. TI IL'•REFORE, 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 Tom VanDorpc 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 *t2021 (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 Eight Hundred Thousand Dollars (5800,000.00).
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. EST EMATES AND OTHER DOCUN9ENTS
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 tit.
8. HOLD HARNILESS
A. CONSULTANT hereby agrees to protect. defend. indemnit'v 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 delense 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 police 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 delcnse 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 tiiult. 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 del-ense costs due to bankruptcy or dissolution of the
business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
delcnse costs. The duty to indemnity. 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
CONSULFANT`s professional liability in an amount not less than One \Million Dollars
(S1,000,000.00) 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 Wen Thousand Dollars ($10,000.00) or less is permitted. A claims-made
police 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).
13. CONSULTANT shall notify CITY of circumstances or incidents that might
Live 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 ofinsurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder. CONSULTANT shall
Furnish to CITY a certificate of' insurance subject to approval of the City Attorney evidencing the
Foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
E. 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 del'ense, 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 zinc] all business
licenses, if'any, in connection with the PROJECT and/or the services to be pertonned 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. ASSIGN.kIENT 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 hereinabovc.
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 O1-1-ICIAI_S
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. NOTICI-S
Any notices. certificates, or other communications hereunder shall be given either by
personal delivery to CONS ULTANT's agent (as designated in Section I hercinabove) 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
CONSUL rAN-r 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 I-luntington Beach The Code Group dba VCA Code
ATTN: Ursula Luna-Rcynosa Attn: Tom VanDorpe
2000 \lain Street 1845 W. Orangewood Ave.. Suite 210
Huntington Beach, CA 92648 Orange, CA 92868
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. M0DIFICAT10N
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'relerence 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 AGREEML'N"r
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
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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 01' 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 Citv 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. ATTORNETS f LLS
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 attomey's lees, 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
-[ his Agreement shall be governed and construed in accordance with the laws of' the
State of California.
27, SIGNA"fORIES
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 ftdly 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
THE CODE GROUP dba VCA CODE municipal corporation of the State of
California
Mayor
print name
ITS: (circle one)Chai residen ice President
City Clerk
AND _
� NQy���'/, INITIATED AND APPROVED:
By:
to SwZ4,
print name Director of Community Development
ITS: (circle one)Secretar) hief Financial OfFicer/ sst.
Secretary-Treasurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney IuV
COUNTERPART
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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
THE CODE GROUP dba VCA CODE municipal co ration of the State of
Califo
By:
a y �Q�xG
print name M
ITS: (circle one)Chaivnan/PresidenuV ice President
City Clerk .?$
AND
By: INITIATED AND PR D:
print name Director of Community Development
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
V j 3
7-City Attorney i A4(
COUNTERPART
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide consulting services on an "as-needed" basis for projects to be
determined during the term of the agreement. During the term of the agreement, CITY shall
issue task orders based upon scope of services. wwork schedule, and lee proposal submitted to
City for its review and approval. Scope of services to be provided:
• Plan Review Services for residential. commercial and other non-residential buildings and
structures.
• Typical plan review consists of the following: review of structural calculations.
verification of' compliance with the most current adopted versions of' the California
Building Standards Code, Citv of Huntington Beach Municipal Code, all applicable and
relevant State and Federal Laws, codes, and regulations. and coordination between City
agencies designers, consultants. and builders in the comnwnity.
• The requested review services may also include an onsite Plan Reviewer on an as needed
basis.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
I. -rhe Code Group, Inc. (dba VCA Code) shall pay all wages to its plan reviewers who are
subject to this agreement
C. CITY'S DUTIES AND RESPONSIBILITIES:
1 . CITY shall quality control calculations by The Code Group, Inc. (dba VCA Code).
D. WORK PROGRAM/PROJECT SCHEDULE:
1. CITY to provide plans for plan review on an as needed basis.
EXI-11BIT A
EXH113IT "B"
Payment Schedule (Hourly Payment)
A. I-lourh, Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
Full Plan Review 60%ofCitv's Building Plan Check Fees
Expedited Plan Review Services 75%of Citv's BmIding Plan Check Fees
Structural Review Only 50%of the Citv's Plan Review Fees
MEP Plan Review 50%ofCitv's Plan Review Fees
On Site Plan Chcck Engineer S 125/Iv
On Site [CC Certified Plan Examiner SI I5/hr
On Site CAS Se vices S I50/hr
On Site Consultation (C130/Sr. Mana¢ement) S 145/hr
Additional terms detailed in Attached Fee Proposal.
B. Travel. Charges for time during travel are not reimbursable
C. 13illine
I. 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 identifN specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each month1v payment due.
Such invoice shall:
A) Reference this Agreement;
13) 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
I
Exhibit 13
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.
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 charoed 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.
Exhibit 13
City of Huntington Beach
Proposal for On-Call Building Division Plan Review Services
® Leadership.Service.Commitment
ode
D. Fee Proposal:
VCA Offsite Plan Review Fees
Type of Review Percentage of Plan Check Fees
Collected by the City
Full Plan Review 60%
Expedited Plan Review (Review our 76%
program for more information about how the
City retains more fees)
Structural Plan Review � 50%
MEP Plan Review 5001,
VCA Onsite Hourly Rates for Staffing
Function Hourly Rate
Plan Check Engineer at City $125.00
ICC Certified Plan Examiner at City $115.00
CASp Services $160.00
Client Consultation at City Hall (CBO/Sr. Management) $145.00
VCA Code 1 1845 W. Orangewood Ave. #210, Orange, CA 92868 1 714.363,4700
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OP HUNTINGTON BEACH AND
FO R
Table of Contents
IScopeof'Scrvices.....................................................................................................I
2 City StaffAssistance................................................................................................2
3 Term: Time of Performance.....................................................................................2
4 Compensation ..........................................................................................................2
7 Extra Work...............................................................................................................2
6 Method of Pavmcnt..................................................................................................3
7 Disposition of Plans. Estimates and Other Documents ...........................................3
8 Mold 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
I8Modifirnion.............................................................................................................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 Attornev's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing I..a%y ................................. ......................................................................
27 Sienatories.................................................................................................................10
28 Entircty......................................................................................................................10
29 Iflcctive Date.................................................................................I 1
/_40N VCACONS-01 MCCOWA_ _
. 1k' R CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDOr� s/s/zou
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, EXPEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED,the 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 endorsements .
PRODUCER License R OE67768 C PcT Ali Smith
IDA Insurance Services PHONE FA%
4370 La Jolla Village Drive Arc,No.E.IF 619 788-5795 50206 A/c.Nny_5619)574-6288
Suite 600 E' .AIi.Smith®ioausa.com
San Diego,CA 92122
INSURER(S)AFFORDING COVERAGE N41C IT
INSURER A:Travelers Properly Casualty Company Of America 25674
INSURED INsurtrR a:Hartford Fire Insurance CDlnpanV 19682
VCA Consultants,Inc. INSURERC:Interstate Fire& Casualty Company 22829
(See Desc.of Operations for Full Named Insured)
1945 W.Orangewood Ave.Suite 200 INSURER D:
Orange,CA 92868 INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR l'HE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICII T)IIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE.OF INSURANCE ADM SUN POLICY NUMBER POLICY EFFI t�ffi EXP
Y LIMITS
A X COMMERCALGENERALLABILITY EACH OCCURRENCE 1,000.000
CLAIMS-MADE � X�OCCUR X X 6801R291569 7/1/2021 7/112022 DR RENTED 1,000.000
X Cont Llab/Sev of Int MEDEXPf"wam,wl IT 51000
PERSONAL It AOV INJURY S 1'0D0'000
G NL AGGRE�,GGAAT LIMIT AP LIES PER: GENERAL R[ W 2.000.O
Policy L_I JECT JflQ2WJL&QMP A Q_-S 2'000-000
OTHER'ER' Deductible 0
A AUTOMOBILE LIABILITY
CCOMBINrEDD SINGLE LIMIT $
1,o00,000
X ANY ALJTO X X SAIR294222 7/112021 7/112022. BODILy NJURY Pe parepN_
OWNED SCHEDULED
AUT
EO
�S ONLYHx
AAUUTOSSYa.IEp _BODILYINJURY(Pe[pccbgah
ALRI"OS ONLYAUT SONLY ., et AMAXE-
X Comp:$1.000 Cal.:$1.0%,
A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE
f S,000,000
EXCESS LAB CLAMS MADE CUP1R295206 713/2.021 7/1/2022 AGGREGATE fi 5,000.000
BED FX I RETENTIONS D
B WORKERSCOMPENSATION X PER OTH•
AND EMPLOYERS'LIABILITY ER—
ANYPaeoPRInETpuPARrNERIExECLnrdE11T MIA 72WEGAM3JXV 7Ill 2021 7/V2022 EL ScFACC
ASF CIDEN T It 1,000,000
?F.1NE i M .' U 9 .. 1000,000
l.ft 1,000.000
TI
s bekYt E.L.DISEASE POLICYLIMIT
C Professional Ltab. USFOO847421 V112021 7/112022 Per Claim 2,000,000
C Claims Made USFOD847421 7/1/2021 7/1Y2022 Aggregate 4,000.000
ME MPTIONOFOPERATIONSILOCATIONSIVEHICLES(ACORD 10t.AOeI11onM Remub scheUWe.meY b<pinchN II more apMeis,equbd7
Named Insured Includes:dba VCA Structure;dba VCA Consultants;Van Dorpe Chou Associates,Inc.;The Code Group,Inc.;dba VCA Green;dba VCA Code;
dba VCA Code Group.The Umbrella policy is follow-form to The underlying GL,Auto and WC policies.
Re:All Operations/City of Huntington Beach Is Additional Insured with respect to General and Auto Liability per the attached endorsements as required by
written contract.Insurance Is Primary and Non-Contributory.Waiver of Subrogation applies to General Liability,Auto Liability,and Workers'Compensation.
30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium In accordance with the policy provisions.
Ow
CERTIFICATE HOLDERV - CANCELLATION
_ G S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
PV' MlCN P�OC3�t0N 5eAw ACCORDANCE WITH THE POLICY E'f THE EXPIRATION DATE PRDF.OVISIONTS. WILL BE DELIVERED IN
�I OF MUp1(iN
Gl,, AUTHORIZED REPRESINTATIVE
City of Main
Street Beach
2000 Maln Street
Illuntinolon Reach CA 9289
ACORD 25(2016103) ®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD naple and logo are registered marks of ACORD
City of Huntington Beach
Business License P.O. Box 190
(714) 536-5267 FAX (714) 536-5934 Huntington Beach, CA 92648-2702
Dahle Bulosan
Chief Financial Officer
VCA CODE
1845 W ORANGEWOOD AVE #210
ORANGE, CA 92868
Dear Business Owner:
Thank you for your payment. Attached is your City of Huntington Beach Business License certificate. Please note that approximately
one month prior to the license expiration date,you will be mailed a renewal notice for the upcoming year. If for any reason your
renewal notice does not arrive,you are still responsible for renewing and paying your business license prior to the expiration date.
Penalties will be incurred if the payment is not received by the expiration date.
Please post the business license in public view. If you do not transact business from a fixed location within the City,you must carry
this license with you at all times. If a vehicle license plate number is displayed on the Business License certificate below, you must
carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to:ownership,
address, business name, business vehicle, or type of business conducted.Additionally, please notify our office if you discontinue your
business.
The Gender Tax Repeal Act of 1995 (Act) prohibits a business from discriminating based on a person's gender for prices of similar or
like-kind goods and services. However, the Act does not prohibit price differences based on the amount of time,difficulty,or cost of
providing the services. In addition to prohibiting discrimination based on a person's gender, the Act requires certain businesses to
clearly and conspicuously disclose to customers in writing the pricing for each standard service provided.The posting requirement
applies to barbers and hair salons, tailors or businesses providing aftermarket clothing alterations,dry cleaners, and laundries
providing services to individuals. To access the Department of Consumer Affairs publication, please use the following webpage:
htips://www.barbercosmo.ca.gov/consumers/gender_Policy.pdf. To access the publication in Korean, Spanish,Vietnamese,
Traditional Chinese, Simplified Chinese, or Tagalog, please use the following webpage:
https://www.dca.ca.gov/publications/index.shtmi
There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you.
Office of Business Development-(714) 536-5582 Service Corps of Retired Executives -(714) 550-7369
Huntington Beach Chamber of Commerce-(714) 536-8888 Fictitious Business Name Information -(714)834-2889
CA Department of Tax and Fee Administration - (949) 440-3473 Community Development- (714) 536-5271
If you have any questions, please call a Business License representative at (714) 536-5267.
City of Huntington Beach
Business License
License Number
Business Name/Service Address POST IN PUBLIC VIEW A311278
VCA CODE
Effective Date
09/01/2021
Owner/Corporation Expiration Date
THE CODE GROUP INC O8/31/2022
License Type '%.` ,..° . Amount Paid
PROFESSIONAL SERVICES $126.70
THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM
ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE.
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Development Review Engineering & Prof. Consulting Services
SERVICE DESCRIPTION: Review construction documents for compliance with the
California Building Code
VENDOR: CSG Consultants
OVERALL RANKING: 1
SUBJECT MATTER EXPERTS/RATERS:
1. Managerial Specialist 2. Deputy Director 3. Principal Civil Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: 1117.00
VENDOR NAME— Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Compliance with RFP 125 150
Technical Approach 280 375
Qualifications 312.5 375
Clarity 101 150
Cost 237.5 375
References and Background 61 75
Total 1117
II. DUE DILIGENCE REVIEW
Interview Ranking: N/A
CSG Consultants— Summary,of Review
• CSG Consultants is an active consultant with the
Community Development Department for several
years, in the previous 3 years under the existing
contract, their commitment to timely and accurate
performance is recognized.
CSG Consultants — Pricing
• Low end: $105/hr
High end: $145/hr
132
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Development Review Engineering & Prof. Consulting Services
SERVICE DESCRIPTION: Review construction documents for compliance with the
California Building Code
VENDOR: West Coast Code Consultants (WC3)
OVERALL RANKING: 2
SUBJECT MATTER EXPERTS/RATERS:
1. Managerial Specialist 2. Deputy Director 3. Principal Civil Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: 1029.5
VENDOR NAME —Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Compliance with RFP 102 150
Technical Approach 252.5 375
Qualifications 282.5 375
Clarity 100 150
Cost 237.5 375
References and Background 55 75
Total 1029
ll. DUE DILIGENCE REVIEW
• Interview Ranking: N/A
WC3—Summary of Review
• WC3 is an active consultant with the Community
Development Department. In the previous 3 years
under the existing contract, their commitment to
working with the City is present and valued.
WC3—Pricing
• Low end: $110/hr
• High end: $150/hr
133
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Development Review Engineering & Prof. Consulting Services
SERVICE DESCRIPTION: Review construction documents for compliance with the
California Building Code
VENDOR: True North Compliance Services
OVERALL RANKING: 3
SUBJECT MATTER EXPERTS/RATERS:
1. Managerial Specialist 2. Deputy Director 3. Principal Civil Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: 1097.5
VENDOR NAME —Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Compliance with RFP 110 150
Technical Approach 275 375
Qualifications 275 375
Clarity 105 150
Cost 287.5 375
References and Background 45 75
Total 1097.5
ll. DUE DILIGENCE REVIEW
• Interview Ranking: 1
True North Compliance Services Summary of.Review,
• True North is a new consultant to work with the
Community Development Department. The
expertise of this consultant's leadership and staff
resembles a highly qualified consultant that is eager
and ready to provide exceptional service to the City.
True North Compliance Services — Pricing
• Low end: $105/hr
• High end: $140/hr
134
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Development Review Engineering & Prof. Consulting Services
SERVICE DESCRIPTION: Review construction documents for compliance with the
California Building Code
VENDOR: VCA Code
OVERALL RANKING: 4
SUBJECT MATTER EXPERTS/RATERS:
1. Managerial Specialist 2. Deputy Director 3. Principal Civil Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: 1008
VENDOR NAME—Minimum Qualifications Review:
Total Weighted Maximum
Criteria Score Score
Compliance with RFP 95 150
Technical Approach 255 375
Qualifications 282.5 375
Clarity 103 150
Cost 225 375
References and Background 47.5 75
Total 1008
Il. DUE DILIGENCE REVIEW
• Interview Ranking: 2
VCA Code— Summary of Review
• VCA Code is a new consultant to provide service to
the Community Development Department. This firm
has extensive experience providing similar services
to other municipalities and is comprised of an
experienced staff with a wide range of knowledge.
VCA Code — Pricing
• Low end: $115/hr
High end: S150/hr
135
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
r.
(714) 536-5227 ♦ Nviv�v.huntingtonbeachca.gov
r;--- Office of the City Clerk
Robin Estanislau, City Clerk
September 28, 2021
The Code Group
dba VCA Code
Attn: Tom VanDorpe
1845 W. Orangewood Ave., Suite 210
Orange, CA 92868
Dear Mr. VanDorpe:
Enclosed is a fully executed copy of the "Professional Services Contract between the
City of Huntington Beach and The Code Group dba VCA Code for On-Call Building
Division Plan Review Services" approved by the Huntington Beach City Council on
September21, 2021.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan • Waitakere, New Zealand