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HomeMy WebLinkAboutWest Coast Code Consultants, Inc. - 2021-09-21 J 'tPPr�YE7� �-O City of Huntington Beach File #: 21-681 MEETING DATE: 9/2 1 12 0 2 1 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, B) Approve and authorize the Mayor and City Clerk to execute $800,000 "Professional Services Contract Between the City of Huntington Beach and West Cost Code Consultants, Inc. for On-Call Building Division Plan Review Services," and, 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, City of Huntowton Beach Page I of 3 Prirded on 9115a021 JOwere�r l nQrsler"' File #: 21-681 MEETING DATE: 9/21/2021 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 Huntington Beach Page 2 of 3 Printed on 911512021 ucwered*LW,star 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 City of Huntington Beach Page 3 of 3 Printed on 9/15/2021 pm ared*Legietar- PROFESSIONAL SL'IZVICI S CONTRACT 13E"TWEEN THE CITY OF FIUNTING-fON I31-AC1-I AND \VEST COAST- CODE CONSULTANTS. INC. FOR ON-CALL. BUILDING DIVISION PLAN REVIEW SERVICES THIS AGREUMENT ("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 West Coast Code Consultants, Inc.. hereinafter referred to as "CONSULTANT." ." WHEREAS, CITY desires to engage the services ofa 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 professional service contracts have been complied with: and CONSULTANT has been selected to perform these services. NOW, THEREFORE. it is agreed by CITY and CONSULTANT as follows: I . SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Giyan Senaratne who shall represent it and be its sole contact and agent in all consuftations 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. 21-10280266039 1 of` I ] 5/19.20"092 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence ontm6G/ off/ , 2021 (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 (S800,000.00). 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." 21.10280266039 2 of 11 5119-204082 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports. both field and office notices, calculations. computer code. language. data or programs, maps, memoranda. letters and other documents. shall belong to CITY. and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARNILESS 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 dama-e 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: 21-10280e66039 3 of 11 5/19-204082 "CONSULTANT hereby agrees to protect, def-end, indemnify and hold harmless CITY and its ol-liccrs. 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 conter with CITY and other defendants regarding unpaid defense costs. The duty to indemnity, including the duty and the cost to delend. 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 ($I.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 21-10280r266039 4 of 11 5119 204082 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of' circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. I1' 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 21-10280rz66039 5 of 11 5/I9-10.4092 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 tbrce 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 CONS ULTANT'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 cope of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hercinabove required. 11. INDLPENDENT 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 anv. in connection with the PROJECT and/or the services to be performed hereunder. 12. TERIMINATION OF AGREEMENT All work required hereunder shall be pertbnned in a good and workmanlike manner. CITY may terminate CONS ULTANTI"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 21-10230r66039 6 of 11 5/19-204082 event of tennination, 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 ft4ENT 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 satisfw the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATEN"I'S 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 EMPLOYEE'S AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No ol7icer 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 CONSULTANf's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled 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: 21-10230266039 7 of" I I sn9 zaiosa TO CITY: TO CONSULTANT: City of 1-luntington Beach West Coast Code Consultants. Inc. A'I'TN: Ursula Luna-Reynosa Attn: Giyan Senaratnc 2000 Main Street 5000 Executive Parkway, Suite 510 Huntington Beach. CA 92648 San Ramon. CA 94583 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 solel, 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. INTERPRI-TATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning. and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable. void. illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 21-10280Q66039 8 of I I 5/19-20.4082 neuter gender and sing"tilar or plural number shall be deemed to include the other whenever the contest 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. ININ11GRATION 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 PROI-11131TED 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 llunfin ton Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY: and CITY shall not be liable for payment o1 any legal services expenses incurred by CONSULTANT. 21-10280Le66039 901, 11 5/19-20-1032 24. AT17ORNEVS FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof. each party shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys 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 filly 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 21-102so466039 10 of 11 5/19-2040e2 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 WEST COAST CODE CONSULTANTS, municipal corporation of the State of INC. California By: Mayor print name IT$: cle rcl ChaimmullmidenvViee President City Clem ND INITIATED AND APPROVED: Bv: print name Director of Community Development ITS: roir n i Sccrct n Chicf Financial Officer/Azl. Srcrctan •Trc&%umr REVIEWED AND AP ROVED: fro-City Manager APPROVED AS TO FORM: City Attorney A W COUNTERPART 2 t-t 0.8b246o39 11 01, 11 5.19-204082 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFIrECTIVE 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 WEST COAST CODE CONSULTANTS, municipal co ration of the State of INC. Califo is Ma print name ITS: (circle one)ChairmaNPresidenW itt President (III AND City Clerk 8 By. INITIATED AND APPD: m print nae Q- VE ITS: (circle one/Secretary/Chief Financial ORttr/Asst. Director of Community Development Secretary-Treasurer tLp AC _OVED: City Manager APPROVED AS TO FORM: ,CiFy Attorney AW COUNTERPART 21.10280266039 11 of 11 5119-204082 EXHIBIT "A" A. STATLMENT Of WORK: (Narrative ofwork 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, work schedule, and fee 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 Buildin<o Standards Code. City of' Huntington Beach \-Municipal Code, all applicable and relevant State and Federal Laws. codes, and rcaulations, and coordination between City agencies, designers, consultants, and builders in the community. • The requested review services may also include an onsite Plan Reviewer on an as needed basis. 13. CONSULTANT'S DUTIES AND RESPONSIBILI"I'II3S: 1. West Coast Code Consultants. Inc. shall pay all wages to its plan reviewers who Eire subject to this agreement C. CITY'S DUTIES AND RESPONSIBILITIES: 1. CITY shall quality control calculations by West Coast Code Consultants. Inc. D. WORK PROGItf\M/PRO.IECT SCIiEDUI.,E: I. CITY to provide plans for plan review on an as needed basis. EXHIBIT A EXHIBIT "13" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shalt be based upon the following hourly rate and cost schedule: Oft'site Structural Plan Review by Percentage 45%ofCitv's Building Plan Check Pees Off Site Building Plan Review 65%of Citv's Building Plan Check Fees Fourth/Subsequent Plan Reviews As Per Houriv Rates Listed Below Expedited Plan Review 150%of I lourly Rates Listed Below Licensed Structural Engineer(SL') S140/hr Licensed Civil Engineer(PE) S125/hr Plan Review Engineer S125/hr ICC Certified Plans Examiner SI IOAv Certified CASp Plans Examiner/ Inspector SI50/hr Certified Building Official "' SI50/hr Permit Technician S70/hr Administrative S60Atr Additional terms detailed in Attached Pee Proposal. 13. Travel. Charges for time during travel are not reimbursable C. Billing 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 identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shalt: A) Reference this Agreement: B) Describe the services performed: C) Show the total amount of the payment due: D) Include a certification by a principal member of CONSULTANT'S firm that the work has been performed in accordance with the provisions of this Agreement. and E) Por all payments include an estimate of'the percentage of work completed. 1 Exhibit 13 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. 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 13 D. Fee Proposal Rate Schedule of • . . . . . Fees OFF SITE PLAN REVIEW SERVICES CONTRACT AMOUNT Structural Plan Review 45%of City Plan Review Fees Building&Fire Life Safety Plan Review 65%of City Plan Review Fees Fourth/Subsequent Plan Reviews As Per Hourly Rates Listed Below Expedited Plan Review 150%of Hourly Rates Listed Below ON SITE PLAN REVIEW SERVICES' HOURLY RATE Licensed Structural Engineer (SE) $140.00/Hour Licensed Civil Engineer(PE) $125.00/Hour Plan Review Engineer $120.00/Hour ICC Certified Plans Examiner $110.00/Hour ADDITIONAL SERVICES IF REQUESTED HOURLY RATE Certified CASp Plans Examiner/Inspector $150.00/Hour Certified Building Official" $150.00/Hour Senior Inspector $125.00/Hour Inspector III $115.00/Hour Inspector II $105.00/Hour Inspector 1 $95.00/Hour Permit Technician $70.00/Hour Administrative $60.00/Hour REIMBURSABLE EXPENSES AT COST COURIER/ DELIVERY EXPENSES NO COST MILEAGE EXPENSES IRS STANDARD RATE BUILDING / FIRE CODE TRAINING STARTS AT $750/CLASS *On-Site Plan Review service positions maybe subject to a four(4)nour minimum requirement and potennol overtime fees. "Certified Building Official rates will be dependent upon proposed candidate. Teaming with Your Community to Make a Difference I www.WC•3.com D. Fee Proposal (Continued) Additional Notes and Details Fees for comprehensive plan reviews, performed at WC' offices, are billed as a percentage of the City's plan review fees. The City will provide WC' with jurisdiction review fees (project by project) for use in calculating WC's fees.These fees include an initial, second and brief third review(if necessary). If additional reviews are required to approve the construction or development documents, WC'will bill the additional time on an hourly basis, with prior City approval. Preliminary reviews, reviews of deferred submittals or addendums, and over-the-counter plan reviews will also be billed on an hourly basis. Expedited projects will be billed at 150% of the proposed hourly rates for plan review fees. Proposed Hourly Rates are for Fiscal Year 2021/2022. Rates may be subject to a 3% Cost of Living increase on each new fiscal year for the contract. Service fees include the review of plans and related documents for compliance to the State of California Building Laws as generally contained in Title 24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10 11 and 12, which covers grading, drainage, structural, fire and life safety, disabled access, plumbing, mechanical, electrical,green and energy conservation requirements—all as modified by the City of Huntington Beach. On-Site Plan Review, Inspection and Permit Technician Services On-site plan review, inspection and permit technician services are listed as additional services to the City. Certified Building Officials will be billed dependent upon proposed candidates. Inspectors, plan review and permit technician staff assigned to work in-house, on-site, on behalf of the City will be billed at the hourly rate stated and invoiced monthly.A four(4) hour minimum is required for all requested inspections and in-house services. Fees are not to exceed the contracted amounts and hourly rates are listed for both non-prevailing and prevailing wage projects. Work performed under prevailing wage procurements will be billed per California labor regulations. Inspections or in-house staffing requests in excess of forty (40) hours a week, will be billed at overtime, double overtime, holiday and/or weekend rates. Time will be invoiced as follows: • Overtime—One hundred fifty percent(150%)of regular rates. Overtime is defined as working more than forty (40)hours a week or more than eight(8) hours a day or more than six(6)consecutive days in a week. • Double Overtime— Two hundred percent(200%) of regular rates. Double overtime is defined as working more than twelve (12)hours a day or working more than eight(8) hours on the seventh consecutive day of work. • Holidays and Weekends— Two hundred percent(200%)of regular rates. Reimbursable, Courier/Delivery and Mileage Expenses WC' proposes that reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost, without mark up. WC'will use our established shipping service account to pick up documents for courier/delivery to and from our WC' office(s) at no additional cost to the City. When applicable, reimbursements for mileage are for the use of personal automobiles within the City's limits. Mileage reimbursements will be authorized prior to charge and billed at current IRS rates. Teaming with Your Community to Make a Difference I www.WC-3.com PROFESSIONAL SEIZVICES CO\TRACT BETWEf"N THE CITY OF HUNfINGTON BEACH AND FOR Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term: Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work................................................... .......................................................... 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 I mmiL ration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attornev's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing La\v .........................................................................................................10 27 Sienatories.................................................................................................................10 28 Entiretv......................................................................................................................10 29 Effective Date................................................................................. 1 I 11 1 V, A�® CERTIFICATE OF LIABILITY INSURANCE DATE q/192021 I 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is ail ADDITIONAL INSURED, the pollcy(los)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER CONTACT Dealey, Renton&Associates -14.EiE FAX P. O. BOX 12675 -y//c-be,EAB_ 510-465-3090 �.Vyc-Nyt 510.452-2193 Oakland, CA 94604 @-MAIL -2675 ACDHEUs Certificates®Dealeyrenton.com License#0020739 INSUHEWSI AFFORDING COVERAGE NAICN INSURERA:Travelers Property Casualty Company of America 25674 INSURED WESTCOASTS INSURER 0:XL Spedalty Insurance Company 37885 West Coast Code Consultants, Inc. 5000 Executive Parkway, Suite 510 INSURER C: San Ramon, CA 94583 INSURERD: (926)275-1700 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1845938676 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 WH 11 RESPECT"O WHICH 11 HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE IERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLE SR POLICY EFF POLICY EXP LIMITS POLICY NUMBER MA D YY h U A X COMMERCIALGENERALLIAOILITY Y Y 6807K831531 4F282021 4I28JP022. EACH OCCURRENCE S2,000,000 CLAIMS MADE MOCCUR PREMISES(El omeregel_ $1,000,000 X Cortrace.1 He) MEG EXP(Mr ono Pmaan)_ s 1000 _ PERSONAL A ADV INJURY 52,000,000 GENL AGORF.� MOT IT APIR�IEIS PER: GENERAL AGOREGAI E $4,000,000 PRO- POLICY 1=1 JJEECI I—I LOC PRODUCTS-CONPIOPAGG S4,000,000 OTHER S A 0.:11 Or.:iLh.E LC':ILITI' '! Y -,:,7RCf:44:: QIW20:.1 :;11P,0_ `m"�.c...... :f:IPlulll $I,r "7 X ANY AUI O BODILY INJURY(Put porno^) S OWNED SAIROSCHEDULED AUTOS ONLY 60D:LY INJURY(Per accident)nl) $ X HIRED X NON OWNED PROPERTY DAMAGE s AUTOS ONLY AUTOS 0 LY APO ON.CKA s A X UMUMLLALIAH X O IJR Y Y CUP7K838484 4228/2021 4Y2812022 FACHOCCURRENCE S4,000,000 EXCESS UAU CLAIMS-WOE AGGREGAIE $4.000.000 ID X RETENTIONS S A WORKERS CONIPENSA11ON Y UB7K838122 4/28Q021 4/2,8/2022, X I 5 RiUI' ONH. AND EMPLOYERS'LIABIL11Y rIY�.INI MYPROPRIETORIPARINEWEXECUINE I I N/A E.L.EACH ACCIDENT $1,000,000 OFF ICE RlA1EMBE R EXCLUDEPJ (Mandatory In NH) F.L.DISEASE.-FA EMPLOYEE $1,000,000 UdesO,lm endue os'dwp%ION or OPERATIONS bckw E.L.DISEASE-POLICY LIMIT $1000,000 B ;'ProlifaWnsl ll ary_�•, OPR9976625 4/211/2021 4/2812022 $2.00DON) per Claim GTelns Mde.?-a S4.000.000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES IACORD 101.Addalowl Remarks Schedule.may be attached If more.pace is required) All Opp.rations of the Named Insured--City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers are named as Addillalal Insured as respects General and Auto Llab,lily as required per written contract or agreement. APPROVED As TO FORM By: n ^ .— MiCHAEL E. GATES CERTIFICATE HOLDER CANC cellallon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Community Development 2000 Main Street AUTHORIZED REXRESCRTAINE Huntington Beach CA 92648 CLJ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name 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 WEST COAST CODE CONSULTANTS INC 5000 EXECUTIVE PARKWAY #510 SAN RAMON. CA 94583 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 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 persons 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 ahermarket clothing alterations,dry cleaners, and laundries providing services to individuals To access the Depanment of Consumer Affairs publication. please use the following webpage. htlps.//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 shtml 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 A303311 WEST COAST CODE CONSULTANTS INC Effective Date 09/01/2021 Owner/Corporation Expiration Date WEST COAST CODE CONSULTANTS 08/31/2022 License Type Amount Paid W PROFESSIONAL SERVICES $105.50 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 H. 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 II. 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: S110/hr • High end: S150/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 II. 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: S105/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 It. 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: $150/hr 135 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ wiviv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk September 28, 2021 West Coast Code Consultants, Inc. Attn: Giyan Senaratne 5000 Executive Parkway, Suite 510 San Ramon, CA 94583 Dear Mr. Senaratne: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and West Coast Code Consultants, Inc. for On-Call Building Division Plan Review Services" approved by the Huntington Beach City Council on September 21, 2021. Sincerely, 444OL, 4&�an� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand