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03.15 Fire Department Plan Reviw Services FY 19-20 �°F°�. . '��'\�GpRPOqqTFQ�l�M' ��� ��� TEM ����, ;�2 A GENDA I vy.,,A .oQ CFc�i��GP�,�Q June 11, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Chris Boyd, Interim Fire Chief C .�i ` REVIEW: City Mana r Finance �� 1 . SUBJECT Agreement with Bureau Veritas North America, Inc. (Bureau Veritas) for plan review services for Fiscal Year 2019-2020. 2. SUMMARY The Fire Department is requesting City Council approval for the renewed Consultant Services Agreement between the City of Orange and Bureau Veritas for Fiscal Year 2019- 2020 for Fire Department plan review services. Plan review fees paid by the builder offset , the costs for plan review services. 3. RECOMMENDED ACTION Approve the agreement with Bureau Veritas North America, Inc., in an amount not to exceed $50,000 for plan review services and authorize the Mayor and the City Clerk to execute on behalf of the City. 4. FISCAL IMPACT The total expenditure for this agreement is $50,000 and will be funded through General Fund (100). 5. STRATEGIC PLAN GOALS Goal 1: Provide outstanding public service b. Provide facilities and services to meet customer expectations. 6. DISCUSSION AND BACKGROUND The Fire Department does approximately 65%-75% of plan check in-house. This has greatly reduced the amount of contracts for outside plan review services. Bureau Veritas is one of two plan review service providers for the Fire Department (Code Consulting Group, LLC is the other). Bureau Veritas is a global leader in testing, inspection and certification to ensure compliance with all applicable building codes within the City. This consultant is used to validate complete sets of construction design documents which ITEM �5 � � 06/11/2019� require high levels of technical expertise to review. Their plan review staff includes structural engineers, electrical engineers, fire marshals and architects. Plan review service providers are selected based on expertise, type of plan review requested, service level and plan review processing time. In July of 2008, City Staff initiated a Request for Proposal (RFP) soliciting competitive bids for Plan Review Services. Bureau Veritas was one of two vendors selected for their services and expertise for a portion of the Fire Department's Plan Review needs. Plan review fees paid by builders offset the cost of plan review services. 7. ATTACHMENT 1. Consultant Services Agreement between the City of Orange and Bureau Veritas North America, Inc. for Fiscal Year 2019-2020. ITEM � 2 06/11/2019 CONSULTANT SERVICES AGREEMENT THIS CON5ULTANT SERVICES AGREEMENT (the "Agreement") is made at Orange, California, on this day of , 2019 (the "Effective Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation ("Consultant"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of City the services set forth in Exhibit "A," attached hereto and incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit"A"to the contrary. Matthew Nelson, Fire Department Administrative Captain ("City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant's performance hereunder shall be under the direction and supervision of the City's Project Manager (or his/her designee), that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager. 2. Compensation and Fees. a. Consultant's total compensation for services performed under this Agreement, shall not exceed FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00) for all services performed between July 1, 2019 and June 30, 2020, without the prior written authorization of the City Council. Consultant shall be responsible for notifying the City's Project Manager if it appears that the not-to-exceed amount will be surpassed in the fiscal year and understands that no work can be compensated in excess of the not-to-exceed amount unless approved in writing by the City Council. This Agreement shall be effective through June 30, 2020,unless otherwise terminated as set forth herein. b. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses. 3. Pavment. � a. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. b. All such invoices shall state the basis for the amount invoiced, including services completed,the number of hours spent and any extra work performed. c. City will pay Consultant the amount invoiced within thirty (30) days after the approval of the invoice. d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 4. Change Orders. No payrnent for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Consultant. 5. Licenses. Consultant represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Consultant and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement. 6. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and not an employee of City. City shall have the right to control Consultant only insofar as the result of Consultant's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Consultant shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries,benefits,taxes, exactions, and regulations of any nature whatsoever. Consultant acknowledges that Consultant and any subcontractors, agents or employees employed by Consultant shall not,under any circumstances,be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including,but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 7. Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, to bind City to any obligation whatsoever. 2 8. Desi�nated Persons. Except as otherwise authorized by the City's Project Manager, only those persons designated in the Scope of Services shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated. 9. Assi�nment or Subcontractin�. No assignment or subcontracting by Consultant of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee. 10. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and to diligently prosecute completion of the work 11. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 12. Reserved. 13. Delays and Eztensions of Time. Consultant's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement. 14. Products of Consultant. The documents, studies, reports, plans, citations, materials, manuals and other products produced or provided by Consultant for this Agreement shall become the properiy of City upon receipt. Consultant shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction. 15. Equal Emplovment Opportunity. During the performance of this Agreement, Consultant agrees as follows: a. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin,mental or physical disability, or any other basis prohibited by applicable law. Consultant shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employrnent, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, 3 rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. � b. Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Consultant shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 16. Conflicts of Interest. Consultant agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Consultant knows or has reason to know that Consultant, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. 17. Indemnitv. a. To the fullest extent permitted by law, Consultant agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City(collectively the "Indemnitees") entirely harmless from all liability arising out of: (1) Any and all claims under workers' compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of ConsultanYs work under this Agreement; and (2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of the Consultant, or person, firm or corporation employed by the Consultant, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City's property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. The Consultant, at Consultant's own expense, cost and risk, shall indemnify any and all claims; actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. ' b. To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 4 c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Consultant and its successors. 18. Insurance. a. Consultant shall carry workers' compensation insurance as required by law for the protection of its employees during the progress of the work. Consultant understands that it is an independent contractor and not entitled to any workers' compensation benefits under . any City program. b. Consultant shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Consultant. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Consultant shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of(1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Consultant. Said insurance shall cover bodily injury, death and property damage for all owned,non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Consultant under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 O1. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insitred. f. Consultant shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Consultant agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement. 5 g. The insurance policies maintained by Consultant shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Consultant will determine its own needs in procurement of insurance to cover liabilities other than as stated above. h. Before Consultant performs any work or prepares or delivers any materials, Consultant shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten(10) days' prior written notice to City. i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Consultant shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best's rating. j Consultant shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Consultant for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Consultant. ' k. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. 1. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein. 19. Termination. City may for any reason terminate this Agreement by giving the Consultant not less than five (5) days' written notice of intent to ternunate. Upon receipt of such notice, the Consultant shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Consultant for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. � 6 20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from City, and copies thereof shall be furnished if requested. 21. Compliance with all Laws/Immigration Laws. a. Consultant shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. Consultant represents and warrants that Consultant: (1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and (3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Consultant's employees; and (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance,and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Consultant shall require all subcontractors or sub-consultants to make the same representations and warranties as set forth in Subsection 21.b. d. Consultant shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by the Consultant. Once such request has been made, Consultant may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees. 7 e. Consultant shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.d. f. If Consultant, subcontractor or sub-consultant knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. g. Consultant agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of the Consultant's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement. 22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California 23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class mail,postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices may be sent by either e-mail or U.S. Mail. Notices shall be deemed received upon receipt of same or within (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. "CONSULTANT" "CITY" Bureau Veritas North America, Inc. CITY OF ORANGE 1665 Scenic Ave., Suite 200 300 E. Chapman Avenue Costa Mesa, CA 92626 Orange, CA 92866-1591 Attn: Craig Baptista, Director Attn: Jack Thomas,Fire Chief Telephone No.: 916-514-4516 Telephone No.: 714-288-2500 E-Mail: craig.baptista@us.bureauveritas.com E-Mail: jthomas@cityoforange.org 8 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have tlie same effect as original signatures. IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONSULTANT" "CITY" BUREAU VERITAS NORTH AMERICA, CITY OF ORANGE, a municipal corporation INC., a Delaware corporation By:� , By� Printed�I�me•. Mark A. Murphy,Mayor Title: \f � *By: G;t ) c.�-- Printed Name: �I!�i b I`5v��s� ATTEST: Title: Lr' d Secu�_��.-� Pamela Coleman, City Clerk APPROVED AS TO FORM: Mary E.Binning Senior Assistant City Attorney *NOTL: Tlre City requires tlre fo!lo�vi�rg sig�rature(s)oi:beha[f of tJee Co�:sulta�:t: -- (1) tlie Chairnlafr af the Board, il�e Preside�rt or a Vice-Presrde�rt, AND (2) t/re Secretnry, tlie Cltiej Fif�a�icia! Ojficer, tl�e Trensr�rer, a�r Assistant Secretary or an Assistnnt Trensrrrer. If only one corpornte officer exists or o►re corpornte officer/rolds store than are corpornte offrce,please so irrdicate. OR -- Tlre corpornle officer�ta»ied i�t a corpo�•ate resolt�tio�r as aritlrorize�l to enter iirto tlris Agreei,ie�:t. A copy of the corpa�ate resolrrtion,certifierl by the Secretnry close in ti»ee \ to tlie execr�trae of tlre Agree�uent,niust Ge provrded to tlre City. 9 Exhibit A Fees for Fire Plan Check and Inspection Services Below are the proposed fees for our services: - .- . - - Fire Plans Examiner/Inspector $118.00/hr ... Additional=Pro,#ession:al.-Service's. . , �f_.�„�:..�.� . . - Building Official $160 Senior Structural Engineer $135 MEP Engineer $115 Certified Plans Examiner $95 Senior Building Inspector $95 Building Inspector $85 Administrative Technician/Counter ��� Technician The rates listed above are effective through the term of the contract Reimbursable Expenses Reimbursable expenses shall include, but not be limited to, the following: Mileage: per current IRS rate Professional Reimbursement The hourly billing rates include the cost of salaries of the Bureau Veritas employees, plus sick leave, vacation, holiday and other benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non-exempt" by the U.S Department of Labor will be compensated at 1�/2 times salary, as per state and federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. �Pu vF� m ' m ,�N 5-1 . � � Ivlovc I�or�4ar�{ �a-it:h C.;unEidcncc Our general scope of services for plan check is outlined below. PLA6W �HECBC �ER1iICES Bureau Veritas will tailor its services to provide the Orange Fire Department with ministerial code review of proposed fire prevention plans. The general scope of such services is as follows: 1. Perform traditional preliminary plan review consultations in its main office by meeting in person or by telephone. 2. Perform traditional initial plan review of submittal plans to determine compliance with codes as adopted by the City of Orange, including: California Building Code (CBC) California Residential Code (CRC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Electrical Code (CEC) California Green Building Standards Code (CGBSC) California Fire Code (CFC) California State Code of Regulations, Title 24 (Energy Conservation and Disabled Access) Noise attenuation and local requirements Federal flood plain regulations (FEMA) City Grading Ordinance and/or Appendix Chapter 33, CBC Note:Bureau I/eritas can pro�ide any of the above services on an individual basis as requested by the City of Orange Fire Department. 3. Provide the applicant or designee and the Orange Fire Department with a list of items requiring clarification or change to achieve conformance with the above regulations. 4. Perform all necessary liaison with the applicant or designee, by telephone, fax, mail, or meeting in its main office, and perform all necessary rechecks to achieve conformance to the regulations. 5. Perform all necessary liaison with the Building Official or designee, by mail, telephone, fax, e-mail, or meeting in its main office, to ensure compliance with CBC Section 105 and 106 and to ensure compliance with local policy interpretations. 6. PerForm plan reviews of revisions to plans that have previously been approved for permit issuance. 7. Perform extra work when requested in writing by the Orange Fire Department. 8. Attend meetings related to proposed building projects at the request of the Building Official at locations other than its office. �PU Vf9 � ,e2a � 5-2 � � � iVlo�-e F'or��ard �>ic}7 C:onfidc�trc