2812839v1.doc City of MB Form
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated September 17, 2024 (“Effective Date”) and is between the City of Manhattan Beach, a California municipal corporation (“City”) and M6 Consulting, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and indivi dually as a “Party”.
RECITALS
A. City issued Request for Proposals No. 1324-24 on April 23, 2024 , titled “Plan Check, Inspection, and Low Impact Development (LID) review services ”.
Consultant submitted a proposal dated May 23, 2024 in response to the RFP.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of S ervices (the “Services”) for plan check, inspection and LID review services , attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties.
B. Party Representatives . For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall b e Robert Woodward , Principal Engineer (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance . Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-2-
2812839v1.doc City of MB Form
professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses . Consultant shall obtain and maint ain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through September 17, 2027, unless sooner terminated as provided in Section 12 of this agreement or extended. The City Manager shall have authority to extend the term of this agreement for up to two (2) additional one-year periods.
3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the rates set forth in the Approved Fee Schedule attached hereto as Exhibit B.
B. Expenses. The amount set forth in paragraph 3.A. above includes reimbursement for all expenditures incurred in the performance of this Agreement.
C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manage r shall be compensated at the rates set forth in Exhibit B , or, if not specified, at a rate mutually agreed to by the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-3-
2812839v1.doc City of MB Form
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the am ount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consult ant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant s hall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (c ollectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or propert y located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-4-
2812839v1.doc City of MB Form
C. All Data required to be furnished to City in connection with this Agr eement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, dr awings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, w hich would conflict in any manner with th e performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including t he Political Reform Act (Gov. Code § 81000, et seq. ) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential dam ages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-5-
2812839v1.doc City of MB Form
performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection w ith any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and a ll legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. 3) Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applica ble workers’ compensation laws.
4) City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
5) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, wh ether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilit ies arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting . Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting . City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-6-
2812839v1.doc City of MB Form
the deposit with City, of any insurance policy or certificat e required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance . Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and proper ty damage. If Consultant does not use any owned, non -owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non -owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-7-
2812839v1.doc City of MB Form
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self -insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the rig ht of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by City. At City’s option, Consultan t shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage . Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer c ancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance . If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance . Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endo rsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.
Consultant shall maintain current endorsements on file with City’s Risk Manager.
Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-8-
2812839v1.doc City of MB Form
J. Indemnity Requirements not Limiting . Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.
K. Subcontractor Insurance Requirements . Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation . In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shal l be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination . Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-9-
2812839v1.doc City of MB Form
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written no tice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, req uest, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and Cit y’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: Ryan Heise, Building Official M6 Consulting, Inc.
City of Manhattan Beach Attn: Robert Woodward
1400 Highland Avenue 893 Patriot Drive, Unit E
Manhattan Beach, California 90266 Moorpark, CA 93021
Telephone: 310-802-5525 805-379-1015
Email: [email protected] [email protected] With a courtesy copy to:
Quinn M. Barrow, City Attorney
1400 Highland Avenue
Manhattan Beach, California 90266
Telephone: (310) 802-5061
Email: [email protected]
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-10-
2812839v1.doc City of MB Form
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national ori gin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City ’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this S ection shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights , obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Inte nded. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or a ny right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and li abilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-11-
2812839v1.doc City of MB Form
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current f iscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agr eement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any prov ision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not excl usive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Manhattan Beach City Hall is open for business.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-12-
2812839v1.doc City of MB Form
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the dra fting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Manhattan Beach.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of com petent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
-13-
2812839v1.doc City of MB Form
The Parties, through their duly au thorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Talyn Mirzakhanian
Title: Acting City Manager
Date:
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
Date:
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
Date:
APPROVED AS TO FISCAL IMPACT:
By:
Name: Onyx Jones
Title: Interim Finance Director
Date:
APPROVED AS TO CONTENT:
By:
Name: Ryan Heise
Title: Acting Community Development
Director
Date:
Consultant:
M6 Consulting, Inc.,
a California Corporation
By:
Name: Robert Woodward
Title: Principal Engineer
By:
Name: Masoud Mahmoud
Title: Principal Engineer
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D 9/7/2024
9/9/2024
9/9/2024
9/10/2024
9/11/2024
A-1
EXHIBIT A
SCOPE OF SERVICES
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
B-1
EXHIBIT B
APPROVED FEE SCHEDULE
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 1
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
Approach To Scope Of Work
In accordance with the requirements of the request for proposals, we confirm our ability to perform all the requested Scope of Services as described below. We offer the following approach for the delivery of the required Building Plan Review services. m6, with its blend of municipal and university experience and expertise, combined with its capabilities to provide innovative and cost – effective plan check, is uniquely qualified to ensure the success of all services provided to the City of Manhattan Beach.
m6 will provide full – service plan review capabilities to the City. As requested by the City, we can provide as – needed, on – site and off – site support for plan check and engineering services. In an age of electronic documentation and information exchange, we will provide electronic plan review, documentation, and transfer of completed approved projects to the City of Manhattan Beach.
Building and Safety Division Administration
m6 will provide qualified staffing to be available during business hours to answer questions, attend meetings, and provide a high level of building and safety expertise including, but not limited to:
✓ Provide technical advice to City personnel related to all matters of engineering, including but not limited to compliance with the Title 24 of the California Code of Regulations, current State and adopted Building Codes and State regulations.
✓ Knowledge of all aspects of the California Building Code (CBC).
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 2
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
✓ Knowledge of ongoing changes in applicable state and federal laws. ✓ Ongoing supervision, training, and evaluation of subordinate staff. ✓ Ability to provide technical assistance and training to other City department staff.
Plan Review Services
✓ m6 will review architectural, structural, mechanical, electrical, plumbing, drainage, fire, grading and landscape plans, calculations, reports and specifications for compliance with the most recently adopted state and local codes and ordinances.
✓ m6 will review plans for compliance with City of Manhattan Beach Zoning Code and per any entitlement previously approved by the Planning Commission, Administrative Hearing Officer or Director of Community Development.
✓ All plan check services will be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign such plans. ✓ Plan review corrections lists shall be completed in an approved format, shall be specific, detailed, complete, and reference plan sheet numbers and code sections where applicable. ✓ m6 will designate one individual as the responsible contact for all communications between the City and consultant.
✓ m6 will furnish assigned personnel with all necessary materials, resources and training to conduct plan review, including a current copy of applicable City Codes and amendments, policies, and procedures.
✓ Plan review approval shall not be recommended to the City until all code compliance issues are resolved to the best of m6’s knowledge and all permit issuance requirements of the City Building and Safety Division are satisfied. m6 will coordinate with the City if there are questions or other arrangements are requested.
✓ All plans and materials will be made available electronically. m6 will adopt and utilize EPL software for permitting and Bluebeam for plan review.
Review services for architectural, structural, electrical, plumbing, mechanical, fire, energy, accessibility, and green building plans will be provided by ICC – certified plans examiners and registered engineers for the City. The electronic review will address code compliance of specific submittal package components, as well as the completeness and correctness of construction documents, specifications, design calculations, and reports . Correction lists and redlines made using Bluebeam Studio will be directly uploaded into the City's electronic permitting software, EPL. When m6 will provide a recommendation for approval and electronically stamp the approved plans when the plan review process is completed, and plans are approvable. Plan check approvals shall be provided once all code compliance issues are resolved, and permit issuance requirements of the City have been satisfied.
Plan check turnaround times for different project types are addressed in “Proposed Schedule and Turnaround Times” section below. When required by the City, m6 can provide expedited reviews to accommodate accelerated schedules for specific projects and special circumstances when requested by the applicant and approved by the City. It is worth noting that the expedited plan review turn -around times are those observed by m6 for typical plan review processes in many jurisdictions and is entirely reasonable for our proposed services to the City.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 3
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
Permit Application Reviews
Submitted plans are accompanied by a permit application describing the scope of anticipated improvements, additions and modifications. These applications must be reviewed carefully, in close coordination with Permit Center staff. Reviews of additions and a lterations frequently begin with a file review of the existing structure and its current approvals and permits. A frequent issue in both additions and remodels is that of "scope creep" that can lead to the condition known as "see – through houses".
While an area of addition may be well defined in project plans, the areas of renovation and remodel are often less well defined. The plan reviewer requires the design licensed professional to clarify areas of remodel and renovation in the project plans, so that the area of work is more specifically addressed, and verification of work area can be more easily defined and controlled by field inspection staff.
Architectural Review:
Architectural designs must address limitations of available lots and compliance with strict Planning guidelines, which results in challenging architectural design solutions. Architectural design is influenced by Planning Division requirements, code considerations, and site limitations , as well as the owners' expectations. Open floor plans and large day – lighting provisions in turn influence complex structural solutions which must in turn be coordinated with the architectural plans and details to assure a complete, code-compliant and constructible design package . Our review staff frequently conducts preliminary design reviews and associated meetings with applicants and their architects to discuss the integration of desired architecture with the requirements of exiting, fire protection and structural design. These types of meetings are useful as they allow reviewer input in the building planning process, which in turn informs the design decision making process in a manner that produces building designs that proceed smoothly through the plan check and permitting process.
Structural Review:
The combination of difficult site and soil characteristics, sophisticated architecture and planning requirements and high owner expectations often lead to complex structural designs in new and existing buildings. These designs require careful and detailed review for errors of commission, as well as visualizing and articulating errors of omission. Luis Molina, PE, MS will lead the m6 structural team with wide-ranging structural review experience. His background includes structural review for new construction, remodel, and retrofit of multi – family apartments/hotels, office buildings, and bridges. This diversity of experience ensures that both the technical review of plans and structural calculations can be completed thoroughly and communicated clearly to designers and property owners alike.
Luis is additionally supported by licensed professional engineers Robert, Masoud, and Nicole, whose credentials include master's degrees in Structural Engineering as well as Ed. Masoud and Robert bring experience from the post – Northridge Earthquake perio d of structural code development and administration. Lessons learned regarding lateral force resisting systems, frames and their integration with foundation elements in their design, inspection and plan review experience guides the application of code requirements to residential and commercial structures in the City.
Disabled Access Review:
The Americans with Disabilities Act (ADA) and the State of California's Disabled Access provisions for commercial, multi – family housing and site accessibility provides both a civil rights and code compliance Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 4
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
framework for building owners and designers. Additions, alterations, and changes of use in existing buildings will trigger accessibility requirements, the code framework of which must be correctly navigated according to project scope and valuation, and then integrated into a project's plans and scope. In hillside development and existing built environments, provid ing an accessible site and related connections between site buildings, arrival points and public right of way can be challenging. In the post – COVID environment, many cities are finding ways to formalize ‘temporary’ accommodations within public right of way for accessibility, including outdoor dining facilities. m6 has assisted cities with formalizing and permitting such facilities, providing CASp inspections and related reports and documentation to various restaurants and other businesses desiring to continue with their expa nded functions. The m6 team has CASp certified staff that are experienced in performing disabled access compliance reviews and inspections and are well versed in the nuances of code application in specific conditions.
Mechanical, Electrical and Plumbing Review:
The evolving world of energy design, green building and renewable design has led to challenges in the development of electrical, plumbing, and mechanical design. Balancing energy distribution with conservation in a safe, code compliant and efficient manner requires often sophisticated design and diligent review. Similar challenges in water conservation, reuse and indoor air quality require knowledgeable plan review staff with both private sector design and public sector review experience.
Grading and Drainage Review:
Grading and related excavation activities associated with site development can be complicated, particularly in existing built conditions. Required excavation for the construction of basements and underground parking garages, or the installation of earth re taining structures must be completed while protecting existing adjacent buildings, roads, utilities and property improvements. Completion of grading may require interim shoring and other protective measures that must be designed and permitted in advance of the start of construction. Attention must be paid to grade transitions that result in retaining walls that need to be designed, reviewed and approved in coordination with the Building and Safety and Planning Divisions of the Community Development Department. Sites proposed for development may be influenced by significant offsite drainage, and existing drainage facilities may be of limited capacity and require on-site detention to both offset increases in storm water runoff as well as mitigation of storm drain system deficiencies. The project must be reviewed with respect to the City's grading and drainage requirements, the County of Los Angeles Modified Rational Hydrology methodology, and existing site and storm drain system constraints. The City's Low Impact Development guidelines provide a framework for mitigation of water quality impacts that frequently require on-site treatment and disposal. Timely review and conditioning of project drainage impacts and mitigation measures during the preliminary and design phases of the project allow for a complete and comprehensive process of project evaluation and approval. m6 will provide for review of project grading and storm water control components of proposed projects in conformance with the provisions of the California Building Code as amended by the City of Manhattan Beach.
Fire Protection Plan Review
m6 provides fire protection plan review services for fire sprinkler, fire alarm, UL 300 systems for commercial and residential occupancies, special extinguishing systems, and hazardous material Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 5
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
containment and storage CUPA reviews other fire protection system reviews as well as architectural plan reviews for fire protection system requirements and conditions. m6 currently provides these services to the Office of State Fire Marshal, the 23 campuses of the California State University system, the City of Oxnard Fire Department, the Marin Community College District and the University of California, Santa Barbara and Davis Health Campuses. Our expertise and experience with the Office of the State Fire Marshal, municipal and University fire protection plan review provides the City of Pomona a unique opportunity to benefit from our extensive experience reviewing some of the most sophisticated projects in the State of California. Our full list of fire protection plan review services include:
• Fire Alarm Systems
• Automatic Fire Sprinkler Systems for
Commercial Occupancies
• Automatic Fire Sprinkler Systems for All
Residential Occupancies
• Fire Pumps
• Standpipe and Hose Valve Systems
• Atrium/Smoke control Systems
• Alternative Means and Methods Requests
(AMMR)
• CUPA Facilities
• Fire Protection Storage Tanks
• Kitchen Hood Wet Chemical Systems
• Alternative/Clean Agent Extinguishing
Systems
• Paint Booth Extinguishing Systems
• Underground Systems
Building Inspection:
The m6 team is supported by ICC certified staff, providing inspection services for field verification of code compliance and consistency with the requirements of the approved plans. m6 can provide inspection services and technical support to the City's building team with knowledgeable and experienced staff who are familiar with both the technical requirements of design plans and the practical nuances of their inspection. When technical issues arise, our design review professionals provide technical and code support to building inspectors, as well as specialized st ructural, plumbing, mechanical and electrical inspection when required to ensure the intent of the approved plans is achieved in the constructed condition.
Quality Control/ Quality Assurance (QA/QC):
m6 engages in a quality control process that entails 3 primary components: 1. Completeness, 2.
Communication and 3. Layered technical reviews Quality begins with a complete submittal. Incoming projects are assessed in a ‘triage’ process where initial compl eteness is assessed, and deficiencies in submittals are addressed. While subtle in nature, deficiencies or omissions in plans, reports lead to repeat reviews, project delays, and owner complaints, much of which can be avoided with a thorough initial review. Communication begins with this completeness review, as m6 reviewers address deficiencies with permit counter staff and applicants and continues with internal staff upon receipt of a complete submittal.
Weekly m6 plan check meetings address project staff assignment, routing of specific project reviews and required turnaround. These meetings also address specific review needs, assigned reviewer technical support and coordination for more complex reviews. Upon assignment of the project to a reviewer, project checklists to ensure a complete review of all project components for code compliance, and the m6 company database of previous technical comments and corrections is used to supplement checklists to address specific code deficiencies. The next level of review will be performed by the company’s lead for Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 8
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
City of Manhattan Beach plan reviews, to ensure compliance with City standards and code provisions, as well as coordination with other Department reviews. Depending on the size, scope and complexity of the project and related review, the project will be reviewed with a company principal, with additional review by the principal as needed. This 3 component, layered approach to plan review is key to our quality control and quality assurance process.
m6 Process Management:
Submittals are managed internally in m6 through a Microsoft Access based database and tracking system, which logs submittals, dates received, date of comment transmittal, and current disposition of the documents. This allows for effective tracking of submittals, and whether these are being provi ded to the reviewer in a timely manner. Additionally, we are familiar with and utilize software’s such as SmartGOV, CLAMS, Bluebeam, Microsoft Suites, and Adobe. The m6 team is flexible and is able to adapt to the Enterprise Permitting & Licensing, (EPL) software the City uses.
m6 staff will monitor the EPL software for reviews assigned to m6 for review. m6 will be readily available to consult with the City, Applicant, or Design Team regarding corrections, clarifications and questions in order to facilitate approval of the calculations, drawings, and specifications.
Meeting Attendance and Training
m6 team members have routinely provided training in areas of their expertise for agencies and fellow staff members in their client jurisdictions. Robert has provided grading, drainage, storm drain, retaining wall and building design training to Building an d Safety, Public Works and Community Development audience to both advance staff knowledge and improve interdepartmental awareness of areas of technical overlap and mutual review responsibility. Masoud and Edward have provided code training to city and county staff members for both plan review process, procedure and code updates. Additionally, Senior Inspector Dan routinely performs training to staff on the field for various code, technical subjects and installation requirements for commercial and residential construction. Collectively, the m6 team utilizes their knowledge of construction, engineering, and code requirements to be an information resource to City staff and applicants alike.
m6 staff are frequently requested to attend meetings on behalf of their client cities, as well as to prepare and make presentations to staff, the public, commissions and City Council. m6 will attend and participate in local and regional meetings on behalf of the City; including locations other than m6 and City offices.
Preparation and coordination of all required documents and presentations for the City’s adoption of the Manhattan Beach Building Codes (County of Los Angeles Building Code with Seismic Amendments) will be provided.
Communication:
Our philosophy in providing plan check services emphasizes the role of timely review and pro – active communication in the plan review and permitting process. Plan check functions are not a turn – key service but rather an integrated process that spans mul tiple City departments as well as other outside agencies that may be involved due to project impacts and conditions of approval. The plan check group coordinates with diverse staff members and agencies relative to plan reviews, comments, status and approvals. The effective operation and supervision of these functions require knowledgeable presence and leadership.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 9
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
m6 values excellent client and customer service and employs an active style of communication for review projects with City staff and clients. m6 communicates comments and responds to questions by phone, email, on – site at the City, and in – person or virtual meetings.
m6 principals Robert and Masoud will provide management and coordination of plan check operations, ensuring accountability and timeliness of reviews within the organization. The combination of their years of experience and supervision of development review processes allows for the anticipation of issues and communication accordingly to assure a streamlined process.
PROPOSED SCHEDULE AND TURN-AROUND TIMES:
Timing and sequence of project reviews will be coordinated with the City’s intake of plans and disbursement of the project application to m6 through EPL. Once the plans have been received by the designated point of contact, the project will be entered into our project tracking system and a cursory review will be done to verify the submittal is complete with all the applicable documents, plans and calculations that are required to being the review. If the submittal is incomplete, the project will be placed on hold and m6 staff will coordinate with City and the applicant to a cquire additional documentation required for the review. After a complete submittal has been received and upon authorization by the City, m6 will review the plans within the following timelines:
Type of Plan Review Initial Review
(Business Days)
Backcheck
(Business Days)
Expedited Review
(Business Days)
Community Development Department
Tenant Improvements 10 5 5
Residential Additions/Alterations 15 7 7
Accessory Building / ADU 15 7 7
Single Family Dwelling 20 10 10
Duplex Dwelling 20 10 10
Multifamily Dwelling 25 15 15
New Commercial / Industrial Building 25 15 15
Seismic Retrofit 20 10 10
Telecommunication Facilities 15 7 7
Shoring 10 5 5
Signage 10 5 5
MEPs 10 5 5
Grading 15 10 10
Walls, Deck, and Misc Structures 15 7 7
Pool 10 5 5
Solar / EV Chargers / Battery
Backups
5 3 3
Revisions 10 5 5
Fire Plan Review
Fire Prevention System 10 5 5
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 10
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
Expedited plan review services can be accommodated when requested by the applicant and approved by the City, in accordance with the Table above.
Client Satisfaction and Customer Service Philosophy
m6 values excellent client and customer service and provides and maintains an active style of communication for review projects with City staff and clients. Staff members communicate comments and respond to questions by phone and email, attending in – person or virtual meetings when required by City staff. m6 maintains advanced teleconferencing facilities, with the ability to conduct virtual meetings with City staff and clients. The virtual review of plans interactively with design professionals and applicants allows for the rapid identification of issues and the seamless communication of requirements.
Our philosophy in providing plan check services emphasizes the role of timely review and pro – active communication in the development review and permitting process. Plan check functions are not a turn – key service but rather an integrated process that spans multiple City departments as well as other outside agencies that may be involved due to project impacts and conditions of approval. The plan check group coordinates with diverse staff members and agen cies relative to plan reviews, comments, status, and approvals.
The effective operation and supervision of these functions requires knowledgeable presence and leadership. m6 principals Robert and Masoud will provide management and coordination of plan check operations, ensuring accountability and timeliness of reviews within the organization. The combination of their years of experience and supervision of development review processes allows for the anticipation of issues and communicate accordingly to assure a streamlined proces s of plan review, coordination and approval.
Our Advantages:
m6 provides a unique opportunity for the City to capitalize on over 50 years of experience in governmental entities. Such institutional knowledge of the inner workings of governmental organization processes is one of our competitive advantages and will assure execution of any assigned projects successfully. Our hands – on approach of principal involvement is the core of an integrated strategy of project development and plan review process, which is augmented by the knowledge, collective talent and resources of our team. At a time when the technical aspects of constructio n and the growing complexity of building codes, design standards and associated research continues to challenge building planners and reviewers, our team provides a knowledgeable and credible resource to the City.
Additional Building and Safety Services
Permitting and Front Counter Assistance:
m6 provides permit assistance and front counter support to our municipal clients. m6 professional counter staff provides critical coordination between customers, plan check and inter – departmental personnel, as well as collecting fees, issuing permits, and providing building information to applicants. m6 personnel have provided permit systems research, coordination and implementation, and have assisted with developing and customizing financial reporting tools. m6 permit professionals provide a valuable fro nt- Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 11
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
line expertise, presence and knowledge that is essential to support the excellent customer service required by their municipal clients.
Film Permitting:
m6 is experienced in developing film permitting processes and coordinating existing film permitting activities utilizing local jurisdictional permitting systems. m6 film permitting services are tailored to meet the requirements and guidelines of the City, the community and the film industry. m6 is well able to develop a comprehensive process for the City that addresses all interdepartmental and agency coordination needs and resolve potential conflicts. As a company, m6 provides diverse and adaptive services to jurisdictions, drawing on broad knowledge and experience in planning requirements, public works right – of – way regulation, project analysis and conditioning, and fee collection, utilizing an active and engaging style of communication.
Historic Preservation
Staff member Teal has worked with City Planning Staff on historic preservation efforts, both on projects and Historic Preservation Commission (HPC) meeting attendance. The City of Calabasas is an established Certified Local Government (CLG) by the Office of Historic Preservation and is therefore required to report annually to the Sta te and provide four Historic Preservation Commission meetings within that reporting period. m6 staff have assisted City staff in maintaining State required Certified Local Government (CLG) annual report and has assisted in organizing required Historic Pres ervation Commission meetings. m6 staff is available to support the City with Historic Preservation Commission by providing staff reports, agendas, minutes for approval, resolutions for adoption, PowerPoint presentations and coordinating training opportunities for Commissioners.
Supervision, Training and Leadership
Our experience in Building and Safety Departments emphasizes the role of plan review as an integral part of the development review and permitting process. The plan check function is not a turn – key service but rather an integrated process that spans multiple City Departments and Divisions, as well as the County of Los Angeles Fire Department, Los Angeles County Health Department, Water Districts and other outside agencies that may be involved due to project impacts and Planning conditions of approval. The plan check group emphasizes a coordinated approach with the Planning Division, Public Works Department and Permit Center staff relative to plan reviews, comments, status and approvals. The operation and supervision of these functions requires knowledgeable presence and leadership.
Robert will serve in this capacity as plan check supervisor and point of contact for interdepartmental communication and coordination. Masoud will provide management and coordination of plan check operations, insuring accountability and timeliness of reviews within the organization. The combination of their years of experience and supervision of development review processes allows for the anticipation of issues and appropriate communication to ensure a streamlined process.
Handouts and Standard Plans
City’s provide a comprehensive range of handouts to inform applicants and designers of Building and Safety requirements and procedures. These documents are available online, and serve to clarify and simplify plan preparation, design and submittal requirements fo r typical projects. The intent is to clarify requirements, limit confusion in process for applicants, and insure more consistent submittals of required Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 12
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
plan check documents. Standard plans, whether City standard or those provided by APWA and Caltrans, ease the design burden on applicants, and help ensure consistency in engineering requirements and built products. Robert and Masoud have extensive experience in the development and implementation of these guidance documents. When Robert served as the Building Official and Chief Plans examiner for the newly incorporated City of Goleta in Santa Barbara County, he assisted with the development of handouts, policies and procedures, and standard plans for the new Building and Safety Division. Similarly, Masoud in similar fashion developed and implemented handouts and policies and procedures to guide process in his time supervising the County's Calabasas Building and Safety office.
Training
m6 team members have routinely provided training in areas of their expertise for agencies and fellow staff members in the City and County. Robert has provided grading, drainage, storm drain, retaining wall and building design training to Public Works and Community Development staff. Teal keeps the inspectors and counter staff up to date on state requirements for PV and battery projects. She also works with both inspection staff and counter staff to maintain a collective knowledge of the current and upcoming electrical products to create a united and knowledgeable Building staff. Dan utilizes his 38 years of construction supervision, building inspection and plan review experience to provide training to inspection staff.
Collectively, the m6 team utilizes their knowledge of construction, engineering, and code requirements to be an information resource to City staff and applicants alike.
Benefits of Blended Expertise: Public Works and Building and Safety There are many areas where traditional areas of Building and Safety jurisdiction interact with those of Public Works, and m6 can provide expertise in both. m6 brings this blended expertise to such 'cross – over' areas in a seamless and comprehensible manner as a "value added" benefi t to both City staff and applicants alike. Below are some examples.
Retaining Walls Adjacent to Public Right of Way
Frequently the construction of retaining walls for buildings and other structures is required adjacent to City and Caltrans right of way. Such walls require specialized shoring, with design contemplating wheel loading specified in AASHTO's design specifications. Should tie – back anchors be required for temporary or permanent soldier pile stabilization, coordination with Public Works regarding underground utility verification and potholing is necessary to assure the tie back concepts are feasible. Should permanent anchorage be required, we are familiar with the development of encroachment agreements and when these are feasible.
Mechanically Stabilized Earth (MSE) Retaining Walls
Increasingly MSE walls are utilized for accomplishing grade transitions in hillside conditions. These are desirable with City Planners due to their ability to be actively vegetated and create a 'living wall' in lieu of a conventional retaining wall. Unlike conventional retaining walls, MSE walls derive their stability from their earth backfill, and their performance is largely based on the placement tie – back geogrids in conjunction with site grading operations. Due to often limited setbacks from property lines, the length of geogrids required to anchor these walls may render their use infeasible. Thus, the review of MSE walls is a geotechnical and grading consideration more typical of Public Works expertise, while the permitting
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 13
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
functions traditionally reside in Building and Safety. We have traditionally provided reviews of these types of structures between departments, often at an early stage in the project when Planning approvals are required.
On – Site Vehicle and Pedestrian Bridges
Frequently on – site development will contemplate the construction of bridges to accommodate vehicle or pedestrian traffic. The correct review of these structures requires the use of traditional highway standards such as AASHTO's Bridge Design Specifications and the associated standard for the design of pedestrian bridges. These standards are not traditionally understood or utilized by typical Building and Safety plan reviewers and evaluating these structures under the provisions of the CBC is inappropriate and problematic. m6 have experience in the design and review of bridges and understand the appropriate standards and considerations that need to be applied with such structures.
Additional Value – Added Services:
Specialty Plan Review
Virtual – Over – The – Counter Plan Review
For a variety of project types, we have presented our clients with the option of virtual over – the – counter reviews. This virtual review process is an excellent method for reviewing projects of smaller scale, updates to larger plan checks, or to address plan changes, deferred submittals or RFIs. It allows for immediate feedback, dialogue, and comments between the plan reviewer, designer, and applicable staff. This in turn results in rapid completion of plan check and design revisions, with comments issued within the meeting and not requiring a typical plan check cycle. Plans are reviewed in a “page – turn” setting via a virtual platform allowing for all applicable teams to join and be a part of the virtual collaborative plan check. Over – the – counter reviews can be scheduled on a recurring basis and held as needed with the respective design team and plan reviewers to address submittals or to preview up – coming submittals.
This review method has been a proven success for projects on tight schedules and pr ojects with limited scope for review.
Alternate Methods of Construction
Today’s building projects typically occur in the context of a built environment, often with design elements and approaches that challenge the limits of building codes, often requiring Alternative Means and Methods Requests (AMMRs). The evaluation of alternate and equivalent methods for life safety, egress, smoke control, fire assemblies and other features requires not only a detailed knowledge of code and referenced standard provisions, but also the theory behind these codes and standard provisions. Code compliance is based not only upon the suite of Title 24 building code documents, but also inclusive of an extensive range of referenced standards which include those of ASCE, ASTM, NFPA and others. Proper verification of code compliance in a design requires knowledge of these standards, as well as the guidance provided by associated commentary and cross-referenced documents.
Floodplain Review and Management
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 14
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
m6 has Certified Flood Plain Managers (CFM) who support the reviews of projects located in flood zones and have supported numerous municipalities with floodplain management duties, as well as in the review of developments that occur in areas prone to flooding. m6 staff provide review services for proje cts located in special flood hazard areas (SFHAs) using FEMA’s technical bulletins, the local jurisdiction ordinances, as well as prepared building handouts and documents to provide to applicants and homeowners.
Hydrology and Hydraulic, Storm Water Quality, Low Impact Development (LID) and Storm Water Pollution Prevention Plan Review (SWPPP):
m6 will review hydrology and hydraulic documents for compliance with the Los Angeles County Hydrology Manual, MS4 permit documents, and the National Pollutant Discharge Elimination System (NPDES) requirements. m6 will provide plan review of hydrology and h ydraulic technical reports and studies, LID reports, storm water quality, and erosion control and storm water pollution prevention plans for compliance with drainage design standards, hydrology manuals, geotechnical recommendations, local drainage manuals, municipal code, and utilize appropriate hydrology and hydraulics software programs to complete the reviews. m6 is familiar with Los Angeles County hydrology methodology and the related requirements of their Flood Control District, and has performed hydrol ogy, hydraulic, and floodplain model and map reviews for projects in Los Angeles, Ventura, and Riverside Counties.
For projects disrupting one or more acres, m6 will review submitted SWPPP documents for compliance with NPDES/MS4 Permits, CASQA, and California BMP Handbooks.
Utility Coordination and Review
m6 will review utility plans for compliance with City and Public Utilities Commission standards while coordinating with other private/public City projects and departments. m6 will review utility plans, including domestic and reclaimed water and sanitary sewer improvements for compliance with City and Public Utilities Commission standards, the City Municipal Code and Standards, and any other conditions that are pertinent to the proposed project while coordinating with other private/public City projects and departments.
m6 will review/check plans and studies for compliance with the project’s code requirements and conditions of approval, as well as with the following: American Water Works Association standards and guidelines, American Concrete Institute standards and guidelines, State Water Resources Control Board (SWRCB) division of drinking water requirements and guidelines, and Air Quality Management District requirements and guidelines. m6 will verify compliance of water distribution systems in accordance with available system flow, pressure zones, required fire flow and materials specifications.
Engineering and Assessment
m6 provides engineering design, assessment, and reporting capabilities for architectural and structural design projects in multiple jurisdictions. Our company maintains specialized capability in structural design assessment and inspection, with ICC certifi ed inspection staff and engineers certified under Cal OES/FEMA’s Structural Assessment Program (SAP) as post – disaster evaluators. Complimentary to these capabilities is expertise in the design of grading, drainage and public works improvements and infrastructure, which allows for a complete and comprehensive characterization of a proposed building site horizontal and vertical design and understanding.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D
P a g e 15
Proposed Methodology for Completing the Scope of Work
m6 Consulting Inc. 805.379.1015 | www.m6ConsultingInc.com m6 Consulting, Inc. | Proposal for
Plan Check and Inspection Services RFP No. 1324-24
Disaster Assistance/Recovery
m6 has provided disaster – related recovery assistance and services to cities in Los Angeles, Ventura and Santa Barbara Counties. These services include damage inspections and documentation, coordination with City, County, State (Cal OES) and federal (FEMA/FHWA) staff, and related damage assessment, reporting, cost tracking and reimbursement. m6 team members include former FEMA and Cal OES officials, who can provide knowledgeable navigation of State and Federal code requirements related to Cal OES and FEMA disaster funding. The declaration of a Federal Disaster creates opportunities for grant funding for mitigation activities that will address future disasters and related preparedness. m6 has prepared mitigation grant proposals for multiple cities to access funding through FEMA’s Hazard Mitigation Grant Program (HMGP), with associated technical documentation and benefit – cost assessments (BCA’s). In recent years, m6 has provided disaster assistance and related management of projects for the cities of Calabasas, Beverly Hills, West Hollywood, Oxnard, Santa Paula, Goleta and Las Virgenes Municipal Water District.
An important function of the building consultant is the implementation of disaster management tools provided by FEMA through the Applied Technology Council (ATC). This includes the implementation of damage surveys subsequent to flood, landslide, and earthq uake events. Such tools include ATC – 20 and its provisions for rapid, detailed assessment of buildings for occupancy after a disaster, with related green, yellow and red tags. The City's Repair and Reconstruction ordinance reflects the findings of CALBO/FEMA's recommendations for damage assessment, repair and reconstruction following a disaster, and employs the evaluation and rehabilitation provisions of ASCE 31 Seismic Evaluation of Existing Buildings and ASCE 41 Seismic Rehabilitation of Existing Buildings . m6 staff members include multiple CalOES certified Safety Assessment Program (SAP) evaluators, including Robert, Masoud, Luis, Nicole, and Justin Le.
Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D m6 Consulting, Inc.
Building Services Cost Proposal
August 16, 2024
Fee Schedule
Plan Check Services: Percentage/Fixed Fee*
Building Plan Review .................................................................................................................... 60% of Fee Structural Only Plan Review .................................................................................................................... 60% of Fee Electrical, Plumbing, or Mechanical Plan Review .............................................................................. 60% of Fee Grading and Drainage Plan Review ...................................................................................................... 60% of Fee Fire Plan Review ................................................................................................................... 60% of Fee Expedited Reviews .................................................................................................................... 60% of Fee**
*65% if plan check turn – around times are met.
**Fee is 60% collected City’s expedited plan check fee, 65% if plan check turn – around times are met.
Hourly Plan Check Services: Hourly***
Plan Review Fee .................................................................................................................... $140.00* Revision to Approved Plans .................................................................................................................... $140.00*
*Reviews include 3 – checks and will be billed hourly thereafter.
One – hour minimum fee will be billed for hourly plan review services. ***4 hour per day minimum will be billed for out-of-office and on-site personnel services, unless otherwise agreed upon.
m6 Hourly Services:
Plan Check Engineer .................................................................................................................... $140.00 Certified Plans Examiner .................................................................................................................... $140.00 Senior Building Inspector .................................................................................................................... $115.00 Building Inspector .................................................................................................................... $100.00 Assistant Building Inspector .................................................................................................................... $85.00 Electrical Plans Examiner .................................................................................................................... $140.00 Electrical Engineer .................................................................................................................... $185.00 Mechanical Plans Examiner .................................................................................................................... $140.00 Mechanical Engineer .................................................................................................................... $185.00 Structural Engineer .................................................................................................................... $165.00 Onsite Wastewater Engineer ................................................................................................................... $195.00 Traffic Engineer .................................................................................................................... $195.00 Soils/Geotechnical Engineer .................................................................................................................... $195.00 Civil Engineer .................................................................................................................... $140.00 Building Official .................................................................................................................... $140.00 Fire Plans Examiner .................................................................................................................... $140.00 Fire Protection Engineer .................................................................................................................... $185.00 CASp Certified Professional .................................................................................................................... $120.00 Principal Engineer .................................................................................................................... $195.00 Plan Check Coordinator .................................................................................................................... $95.00 Permit Technician .................................................................................................................... $75.00 Senior Permit Technician .................................................................................................................... $85.00 Public Works Inspector .................................................................................................................... $115.00 Professional Land Surveyor .................................................................................................................... $200.00 Minimum Survey Trip Charge ................................................................................................................. $950.00 Community Development Specialist ................................................................................................... $95.00 Assistant Planner .................................................................................................................... $130.00 Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D m6 Consulting, Inc.
Building Services Cost Proposal
August 16, 2024
Associate Planner .................................................................................................................... $140.00 Senior Planner .................................................................................................................... $150.00 Principal Planner .................................................................................................................... $175.00 Planning Manager .................................................................................................................... $180.00
Rates are increased by a factor of 1.5 times for overtime, and for holiday and weekend assignments. All rates are subject to a 2% increase annually on January 1st.
Miscellaneous Charges: Hourly
Administration .............................................................................................................. $75.00 Direct Costs .............................................................................................................. Cost+15% Outside Reproduction ............................................................................................................... Cost +15% Materials & Expenses ............................................................................................................... Cost + 15% Mileage (Portal to Portal) .................................................................................................................. Current IRS Rate
Copyright 2024 m6 Consulting, Inc. - All Rights Reserved Effective January 1, 2024 Docusign Envelope ID: 04833FCD-0E0D-45E2-9648-348FDBC2B64D