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HomeMy WebLinkAboutScott Fazekas & Associates, Inc. - 2024-07-01 (2) / �UNGTo 2000 Main Street, `�o_,-0,�p"4,4r.-y9, Huntington Beach,e CA t� • City of Huntington Beach -->�r APPROVED 7-0 -Q File #: 24-502 MEETING DATE: 8/6/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Celeste Goggins, Management Analyst Subject: Approve and authorize execution of Professional Services Contracts for On-Call Plan Review Services with Scott Fazekas & Associates, Inc., CSG Consultants, Inc., and True North Compliance Services, Inc. Statement of Issue: The Community Development Department requires on-call plan review services for as-needed support staff to assist with private development plan review and general support services relating to the Permit Center and Development Services. Financial Impact: Funding for the first-year use of these contracts is provided in the Fiscal Year (FY) 2024/25 budget in General Fund account 10060501 .69365 and through any excess encumbered funds remaining from FY 2023/24 budget. 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. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a $1,50(,000 Professional Services Contract between the City of Huntington Beach and Scott Fazekas & Associates for On-Call Building Division Plan Review Services for a three-year term; and, -4- B) Approve and authorize the Mayor and City Clerk to execute a $1,500,000 Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc. for On-Call Building Division Plan Review Services for a three-year term; and, C) Approve and authorize the Mayor and City Clerk to execute a $1,500,000 Professional Services Contract between the City Huntington Beach and True North Compliance Services, Inc. for On-Call Building Division Plan Review Services for a three-year term. City of Huntington Beach Page 1 of 3 Printed on 7/31/2024 power Legistar "" File #: 24-502 MEETING DATE: 8/6/2024 Alternative Action(s): Do not authorize the contracts and direct staff accordingly. Plan review times are likely to increase and service levels will decrease until new contracts are approved. The current on-call plan review contracts expire in September 2024. Analysis: Applicants who desire to construct projects within the City must submit plans for review to ensure compliance with City and State Building Codes. Applicants who submit projects to the City pay fees for-these services and expect consistent and reasonable turnaround times. The City currently only has two in-house, full-time plan checkers. Due to fluctuation in demand for plan review services, this staffing level may not be sufficient to respond to the volume of plan review applications in a timely manner. Historically, when development activity exceeds the capacity of City staff to complete plan review within established turnaround times, staffs efforts are supplemented by services provided by consulting plan check engineers. 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 is expected to increase in the coming years. In anticipation of this increased demand, on April 3, 2024, the City advertised a Request for Qualifications (RFQual) for On-Call Building Division Plan Review Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code (HBMC), "Professional Services". Fourteen (14) proposals were received. In accordance with the HBMC, the Community Development Department established a three-member review board to evaluate and rank these proposals. Following the review and scoring of the proposals by the review board, the three highest scoring firms were selected. From this selection process, staff is recommending that on-call contracts be awarded to the top three (3) firms, as follows: Scott Fazekas & Associates, CSG Consultants, Inc., and True North Compliance Services, Inc. Funding for these services is provided through plan check fees collected for project submittals to the Permit Center for plan review. The proposed on-call contracts will be used only if plan check service demand exceeds City staff resources, necessitating the need for supplemental help from any of these consultants. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. City of Huntington Beach Page 2 of 3 Printed on 7/31/2024 powers'LegistarTM File #: 24-502 MEETING DATE: 8/6/2024 Strategic Plan Goal: Goal 3 - High Performing Organization, Strategy A - Establishing a One Stop Shop to bring development services and other frequently used services under one location to improve the customer service experience. The requested on-call plan review contracts will ensure the City continues to achieve Streamline Surf City initiatives. Streamline Surf City is a program consisting of 26 initiatives for the purpose of improving the efficiency and customer experience of the development and permitting process. Approval of on-call contract plan review services ensures that the City will maintain established turnaround times for plan review. Providing consistent and certain plan review turnaround times is an important part of a customer's permitting process for planning and scheduling their overall construction project. Additionally, the on-call plan review contracts will be necessary for implementing expedited plan review, another Streamline Surf City initiative. The City Council adopted an expedited plan review fee as part of the FY24-25 budget. Once expedited plan review is implemented, it is likely that the City's on-call plan reviewers will be needed to ensure the City has capacity for the projects that want to utilize this service. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Scott Fazekas & Associates, Inc., for On-Call Building Division Plan Review Services. 2. Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc. for On-Call Building Division Plan Review Services. 3. Professional Services Contract between the City of Huntington Beach and True North Compliance Services, Inc. 4. Professional Service Award Analysis 5. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 7/31/2024 powera�IQ§ LegistarT" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS &ASSOCIATES, INC. FOR ON-CALL BUILDING PLAN REVIEW SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, SCOTT FAZEKAS & ASSOCIATES, INC., hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide On- Call Building Plan Review Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Scott Fazekas who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 24-14685/343313 1 of 13 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on July 1, 2024 (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 two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). 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 24-14685/343313 2 of 13 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." 7. DISPOSITION OF PLANS; ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 24-14685/343313 3 of 13 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: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 24-14685/343313 4 of 13 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 24-14685/343313 5 of 13 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 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 24-14685/343313 6 of 13 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 24-14685/343313 7 of 13 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Scott Fazekas &Associates, Inc. ATTN: Dir. of Community Development ATTN: Scott Fazekas 2000 Main Street 2 Corporate Park, Suite 206 Huntington Beach, CA 92648 Irvine, CA 92606 24-14685/343313 8 of 13 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 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 24-14685/343313 9 of 13 • contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been • prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24-14685/343313 10 of 13 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 24-14685/343313 11 of 13 promise, agreement, warranty, fact or circumstance not expressly set forth in this 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 Attorney. 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. 24-14685/343313 12 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, a SCOTT FAZEKAS & ASSOCIATES, INC. municipal corporation of the State of California By: Md9:1,> Mayor print name ITS: (circle one)Chairman(rresident ice President City Clerk AND [NITIA 1'ED AND APPROVED: By: ./ Director of Community Development e, r , Ik�S print name ITS: (circle one)Secretary hiefFinancial OfficerAsst. REVIEWED AND APPROVED: Secretary—Treasurer City Manager COUNTERPART APPROVED AS TO FORM: j\:\. City Attorney 24-14685/343313 13 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, a SCOTT FAZEKAS & ASSOCIATES, INC. municip. co .oration of the State of Californ too, By: L� ��i b a or print name 6 •7401.., qdtaluelku) ITS: (circle one)Chairman/PresidentNice President City Clerk AND INITIATED AND APPROVED: By: N^ � Direc,or f Community Development print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. REV D A DAP OVED: Secretary—Treasurer . City Manager COUNTERPART APPROVED AS City Attorney 24-14685/343313 13 of 13 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,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 Building Standards Code, City 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 community. • The requested review services may also include an onsite Plan Reviewer on an as needed basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. CONSULTANT shall pay all wages to its plan reviewers who are subject to this agreement. C. CITY'S DUTIES AND RESPONSIBILITIES: CITY shall quality control calculations by CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: • CITY to provide plans for plan review on an as needed basis. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Plan Check Review by Percentage 60%of City's Building Plan Check Fees Repeat Plan Check Review No Fee unless City Authorizes an Additional Fee Expedited Plan Check Review Sixty Percent(60%) Structural Only Plan Review Forty Percent(40%) PM&E Only Forty Percent(40%) Deferred Submittals $125/hr Hourly Rates Not Covered by% $125/hr Revisions to Approved Plans $125/hr Repetitive Review such as Tracts Sixty Percent(60%)of City's Reduced Rate B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be 1 Exhibit B 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 B • , .... , ' • i, , , • •t• - ' i4C9TFA4-91 •MCCOWANA: " ..• , ?'it.'. CERTIFICATE OF LIABILITY' INSURANCE ', DATE(MmtDo/YYYYL :,.. - '. • . . , Ts CERTIFICATE rg ISSUE11,AS,A,MATTER OF iNKINWATION‘c:ON4yANOogNFEN,s;NoRpkITS;..oRCINIfig.cgRTIFIC4TKNOWER,17111P- CERTIFICATE;DOES:NOT,AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE:g9vERAqt AFFORDED BY THE ,BEWIN:,,. 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ANY,AUTP, ,)(1 PSBO,0039,27 -, , 61512024: : '.op:12$ ikiikilkitiiiiiiiiitrilarsaiii. i7, •"- ',Oikiiito, ,.. "." .'f:do'fiiiI.E..d ... :• :•Auppso$0,' = AtIrgs•'.,-- , , • . , IMOitAtokiiiAtiViiiiiikitiiii S _____ _,. , , x 3:0R343.:_•••,•••-• tx .NPIN:QVQNM, ' , . 5-;5 . . . ...., l'Fft9 i `.113..9g- - s:.• . • : : • ... ..._.:.At..uuNAor..92s.,,oN!:,:( • .x No Co;,0_65Fied, : . .,- , • , . .... .. . . • 1 A X ...0,.. . .iiiiiiiiiii4tiiiiii. -.-,} .. OCCURet ' • ' . •-.i:: . EACH cceuRRENCE, _ . , ....., . .. .. , .. EXCEtS,LIAB ..: ' CLAIMG,OAGE plgopm410.1 ' :6/02024 ': 61512025F ; '.'''..;".•••.:'::."-' , • 'AGGREGATE 2 000000 . ... .. ....... . , . . :It'd X 'iiiitikkiliti4i 50 , ' ' • . . „ • ' - 5.; ..• A WORKERS COMPENSATION ' • , . ' , : . ' . . , • „ • ' •,'. PER[mow: I ER 'ANDEMPLOYERMIABILITY ., „,,.; . 5 ..„,,„, ,,, ,., , , 5 5 rl: ',:ie PS40-0iiii45, mrtrnookierciommaNtmEntsort: -: .-,. :...:,-; - ,•- .::. - ' je/51424; .-'6/412°25 . EL iAdOkezitigNi` • , :'v, . ,../214011009 awMIaMEOr '#1-# . •ININITAtiVgir . ' '.'— ' -' -' .. ... _ , . _ • El.DISEAtt,,,tA:Eieittir&,:S: „ , triesthiioibereikkii • ' , -'"." ', , '-'."'' ' 'A.aokpoo • DESCRIPTIoNOPOPERATIONStelow,.....,..., ,.„.....- .. ,. • - . . — . ... - ...- ,, , - .. EiL„DISEASE-POLICYLNAIT,.:$"' -•• '',.‘ . .''.a;rt4fePO.anaULI,r?':;1' -. -2: ., '- ''.!.1CtP1P17414',- " '. ' ' ' OfP'-iP,74' ::'0,'ffil.29; ..Par "-, '• " ::,.;,00a.two ... ., ..„ ... . ., ,. . . B 00444.1,0WP0r.cfal0:i -MC11288352511 . ;.„...,. -.......,.....,-... . : .0151202.4. :415/2025:•••':Ag0044e. 4'000100 ' . . , ..•. . . . .. . . , „ ., . . .. '13Es.C11UPTIONOFOPERATIONGtLOCAGONSIVEHICLE,1 Ra:,All (ACORcki0LAddliiiiitLROtiiirtiOgfitilute0iiziibliireitta0inairiiiii5 . . . Oneratlens - , , ., ..., , . .. , .,• „ . ,., OtTPfliniiinuoti,004chicw0,0*0046014)010 i.40ii,i#40.:,,Oe00,046007*, .000i1400,-A,04:,000illtio,:•iiiirli)fi40001)04.400404004400000***-.40 , .440.40400:040,iijweiti,..00,104,;00.0;c00.400*W0v4rPg04040•0040pop*9000E410.40vA,4***cp00000g0, - •. -, ..., . i),;Oili*Kliatia,attaaCeniibili:i0io-ifio44,00.ii:44.far Non Payment kii,iFfroti40000..,a6.0.001*6.4 witWitio-PAPOPIOVIalErkt: ' • '..' ' .. .:: . , ,.. . - , - . . — . . .. . CANCELLATION' • .MICHAPI:'. .'GATES CERTIFICATE HOLDER . . , :t CITY ATToRNEy ; ,:$1.p. pi.41,470Fzfierpoymptle7NatnpyieitcE4,,gpr-F9f:T Tilt eAriftAtIcw. DATE:Til .i.. . -.:',, il,„ , DE!.4VFtEI:V,.10 ACCDIIDANCENITtiTHEPP14cXPRovIMNs. — .. .. ,,..• „,.. . . , i.,AudiseizedsEtitestmATive ..,O14.0*Ituntingion Beach .. . ... , • ipp0.10diftioitiiot '-r- Ailikt,o, - aa . ... • . . . . . Ii:isntIniton4Iiii6h,OA 91648 ., , ,. ,. , ACCORD 0046I04):'' !*,1984401 114 0.A00gORPORATIPWAltm rights reserved 71A-PP,AP 0.,00.0,0#4.;!040.*.•*10.,t..040 0.10*.Y6•04PPRP:: 1 r Policy Number: PS80003027 RLI Insurance Company Named Insured:Scott Fazekas&Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance Is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising Injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage Is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement;or to you;or b. The "personal and advertising injury' for which c. In connection with "your work" and included coverage Is sought arises out of an offense within the "product-completed operations commiit odr after you have entered into that contract or agreement. hazard". 2. The Insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement Is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II any person or organization for which coverage LIABILITY) as an additional Insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury, "property of or failure to render any "professional damage" or"personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following Is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury"or"property damage"occurs,or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising Injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement,provided you have agreed with in a written contract to provide this executed the contract before the loss, agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless othenMse stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 06-05-2024 Policy No. PSW0001945 Endorsement No. Insured Insurance Company Scott Fazekas&Associates, Inc. RLI Insurance Company Countersigned By ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Building Division Plan Review & Prof. Consulting Services SERVICE DESCRIPTION: Review construction documents and plans for compliance with the California Building Code VENDOR: Scott Fazekas & Associates OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Building Official 2. Permit&Plan Check Supervisor 3. Fire Marshal I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1,217.50 Sto�Fazee9cas���Assni��w���1lJiirau��r�a"'1@�a�il�c�ians��ynew,�. �7 �"�'`_ � y, r�r -_..r,.�s%...D. �m,_�z.i cn ,3��� .•"l,�t�rh,�4-...„ ,♦ F:.3 a�',x-rt%,.ia:>� hY..G�x,.�''... .�:.:,.:.a.''1-::sdkist.._3.:..c�t Total Weighted Maximum Criteria Score Score Compliance with RFP 150 , 150 Technical Approach 250 375 Qualifications 337.50 375 Education and work experience 130 150 Cost 275 375 References and Background 75 75 Total II. DUE DILIGENCE REVIEW • Interview Ranking: N/A ���Faze'IraB;a-8c'�isS[�L'7atf�s'�`°$10i,�s�i 1 ���Y�eIN� ;� + c�'k` �s i'"a'k='�.�a�'�.�?*� ���k.T r�`fir-'�°r�..��r���.��Y �3�.;{`'Y;�,�.3�'��k�i'��` �c��.,.,Y O .u:{.�i#3°.:°C,...b' :.t�f�,?.�'r' '-' �,5. Ssr ,,.AF..:,.�^9 .+'r.z y ii't"+.il.� JyW,,nr .fs�`�i�.lY..4 • Scott Fazekas &Associates submitted a very clear and concise plan for their proposed services with the City. Their key personnel was noted to be very active with code related training and their pricing was competitive. In addition, part of their process is to provide applicants with solutions to issues during the plan check process which the team was impressed with. 41.'F ,J MA 'Fw���-M)� wnr j f ems, .� y T c t y:. r .....r .r tt. � _-.�� ..x.} 'a 4y,yx<et x ;flt ti.. '.°LO • Low end: $125/hr • High end: $125/hr 363 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Building Division Plan Review & Prof. Consulting Services SERVICE DESCRIPTION: Review construction documents and plans for compliance with the California Building Code VENDOR: CSG Consultants OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Building Official 2. Permit&Plan Check Supervisor 3. Fire Marshal I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1,137.50 G .,¢ p� E�,r.Hsr,..r..it irq a.•u c S,� •�.�+�vyx�r. rCSG natal an ss N airnS�ua1ifications Reviievu �##,!"t ,,s x y �y ; ' gr..,.L a`�'^,4 s-t•' ..1 `>v? - w �„ 1?+7 -3 s�:""SYr, j+"�' rf 4+l i'E,c•y s'v 5:,�i+1+i '�`++q�. irk.�' �.: ` eT.: .t. � :'->i.M`ML.o...0 v ..:ems=.:.a''..�..'.bt:`.. '.•�<rY :t�'.a %as.:.._.:5��.. air«`a_�.d..,.Yei...�s:r' ��,,.,✓.'x- ..�..3 Total Weighted Maximum Criteria Score Score Compliance with RFP 120 150 Technical Approach 262.50 375 Qualifications 262.50 375 Education and work experience 130 150 Cost 287.50 375 References and Background 75 75 .r �. q ,/� r r�ti.-£.y, Total II. DUE DILIGENCE REVIEW • Interview Ranking: N/A CS1G` asu11aols\-lummanj of Review , sr Jr W,,,04 a w2 s `�iii Ik ., s i^r{..:'",�a. ,t> ,va'4 J ��y...,�r.�"�'�ls.�'P r Yt s:t ....��G.�r�vs..i :c:,��:...,:.�..�src�...rt" 'i....:,.x �.,�....�3e.w.:a.: � h.a. ,,.l:.v§.�,.a: • 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. Their work is focused on government only clients, and their proposal provided extensive information and details about qualified staff they use. r _y.�FRensu y�a�.. .Grs �9 K y �7 r ,.G `5..:t a 4 *,�fie: 'f v�'S y Ll��r« ! F I` rC 1 • Low end: $140/hr • High end: $150/hr 364 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Building Division Plan Review & Prof. Consulting Services SERVICE DESCRIPTION: Review construction documents and plans for compliance with the California Building Code VENDOR: True North Compliance Services, Inc. OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: 1. Building Official 2. Permit&Plan Check Supervisor 3. Fire Marshal MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1,127.50 Tie�+lar�h"Comp9�amii a Servicesa nc 111�t imur�+aQua1ific ataons 1Review » + ` ,�sr ^t,F* Total Weighted Maximum Criteria Score Score Compliance with RFP 120 150 Technical Approach 287.50 375 Qualifications 237.50 375 Education and work experience 120 150 Cost 287.50 375 References and Background 75 75 Total .., Q ,y q ' �p ��: .:. ll�7�Y�li r''".r..�^.�k.,-., ?...L^��. ya,.3'; ��• II. DUE DILIGENCE REVIEW • Interview Ranking: N/A Miff ey8!7oc te%53 wSa.1 pt+,ia nce,: c.4d'X s� ; n'. cs Y—So�c"n-xth rmm .FsoY c-� c• True North Compliance Services, Inc. is a current plan review consultant that was contracted for the previous 3 year period. Their comments in the proposal highlight that they are fully equipped to provide on site staffing at City Hall if this need arises. They also offer express re-check by appointment to clients to help with timely processing on re-checks. 'Tnie 1+o 2h C5mpliance`Se ces iInc. PJaciag t?..'� `" -4., • Low end: $105/hr • High end: $135/hr 365 1\c„, %- T I N G 7.011%;„,, .••• ORPoR •�• On Call Plan Review •' 0 A T F . 0 �•. ==__ -� ••. Professional Service „ Contracts _ _ - August 6, 2024 v Q•. 4 •e••e 1, 190�1 „• •sees °OUNTN � 366 Background • The Community Development Department requires on-call plan check services to supplement in house plan check staff. This is a fee for service that is collected at the time of plan check submission. • The city is committed to complete plan check review in a timely manner. Consultants are used for cost effective measures to ensure that plan check turnaround times remain consistent. Background (cont. • April 3, 2024 - Request for Qualifications (RFQuaI) was posted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Fourteen (14) proposals were received. • The reviewing committee selected the three most qualified consultants based on a scoring system established by Purchasing: o Scott Fazekas & Associates, Inc. o CSG Consultants, Inc. o True North Compliance, Inc. 368 Analysis • Community Development is requesting a $1 ,500,000 contract authority based on a review of fiscal year expenses from the last 6 years. • Permit Center operations remain steady and workload is anticipated to increase with an annual projected expense of $500,000 per year for normal operations. • Once executed, the contracted consultants do not have any guarantee of work. The work assigned will be according to plan check demand received through the permitting process. The funds used to pay for consultants is approved and requested through the normal budget process. 369 Summary • Recommended Action: Approve the contracts submitted for approval to ensure that plan check turnaround times remain consistent. • Alternative Action: Do not approve the contracts and direct staff accordingly. Plan check turnaround times are likely to increase and service levels will decrease until new contracts are approved. 370 M t f 'Y4t ,>IY �}} a ytyt"' 1y� i ,,..- J } { .Zp lr�.. .+,y^4h TC(�,,y .` 4Y 3.}k�.YYM i ,I R f� �'J}'.- 155 .Y�°dM0. Y ', { Y✓ �1#''P'yw. J " Q u est io n s - k k xd y 0ftwFF�B S `L^a"' )atih A +� S R -r,:l t 4 n M t 4n� 14 3 h��i3 ji-. Y ,D' �,j' Y'y1:�,Fr"Fa'i t F`H'' �5�',Yfh9l .A,a..MA'�1'����..Y�n�� r', yy x f .i �,l fX' ..ry y'A'i1 iy�M. 4p ti' .i h&,A„, N..r 1 - `. .„1, h '3is. �. 51e d ar,yx.'. L r4ra 4F4 orb b r 7.,,d {{I. " x.-' sr r a' � i e �� �` r) ; u '�A`) �' 4�-arF *nJ„ ;FX p .: 4'at� r ! e — e .R i� T. l�a'1u '7{'+ f ' f ri-1 ,ttn -7-:.."':4,-'''.:4,.-, .�1 r: i rd rc•"{aa{r.- :-a.--,:i:..:s:T..:_,._=:.„-4.'". ,,,,;,,,'_:-`: ����,q!i 1 ....11lllA g �.:v,'°4,:. +, �ya ;:.+ of `".ems;F • YI�r *`r f f s lTi.,:1 SY .x . Y.S }.. ''4 a S. �+ �°— �A'e y Y4. i u.. • + +t ,o f f r t'+P r 5 Oil 1"' ' )fi ��_t . t 4 33 3 y-y r5 . f _ f d 1�y e• . a ,�.:� r fi TO. Est{ k'i} a t'... 'TING T° City of . .untington Beach `�� m 2000 Main Street ♦ Huntington Beach, CA 92648 m (714) 536-5227 ♦ www.huntingtonbeachca.gov z � C° Office of the City Clerk ®AUNTY ��f�� Robin Estanislau, City Clerk aktrArdriFfP August 22, 2024 Scott Fazekas &Associates, Inc. Attn: Scott Fazekas 2 Corporate Park, Suite 206 Irvine, CA 92606 Dear Mr. Fazekas: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and Scott Fazekas &Associates, Inc. for On-Call Building Plan Review Services, approved by the Huntington Beach City Council on August 6, 2024. Sincerely, 9,01-aeZZiaa Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan