City of Simi Valley
Staff Report
June 22, 2026
To: City Council
From: Department of Environmental Services
Stratis Perros, Environmental Services Director
Subject: Award and execute three separate contracts to Amy Milanes, Fortis Construction Services, Inc., and m6 Consulting, Inc. for building plan review services, Request for Proposals (RFP) No. ES 26-01
Staff Recommendation
It is recommended that the City Council:
1. Award contracts to Amy Milanes (Attachment A), Fortis Construction Services, Inc. (Attachment B) and m6 Consulting, Inc. (Attachment C) for building plan review services in individual not -to-exceed amounts of $25,000 for a cumulative total of $75,000 for a period of one year, with an option to extend for one additional one- year term; and
2. Authorize the City Manager to approve and execute contract amendments and incorporate future budgeted and appropriated funds, as necessary.
Background
The City of Simi Valley (City) has historically contracted with skilled consultants to provide building plan review (also called plan check) services on an on- call, as-needed basis.
They supplement the work of City-staffed Plan Check Engineers by ensuring that building plans submitted through the permitting process comply with the California Code of Regulations Title 24, California Building Standards Codes , as adopted and amended by City Ordinance. The consultants are engaged during periods of increased workload to ensure that the Building and Safety Division meets its turnaround goals and maintains a high level of customer service for building permit applicants.
On May 1, 2026, Request for Proposals ES 26- 01 was electronically transmitted to four firms on a Bidders List and posted on the City’s website. By May 11, 2026, eight (8) proposals were received from Amy Milanes, Bureau Veritas North America, Inc., Fortis Construction Services, Inc., JAS Pacific, m6 Consulting, Inc., Shums Coda Associates, Transtech Engineers, Inc., and True North Compliance.
Discussion
Staff evaluated the eight (8) proposals and scored each using a rubric with criteria in the following categories:
Agenda Item No.
Consent (6)
• Proposer’s understanding of the Statement of Work (25%) • Proposer’s approach to performing the tasks defined in the Statement of Work (25%)
• Capability of Proposer and key project personnel to handle the work in terms of workload, experience, and efficient utilization (25%)
• Cost proposal (25%)
The evaluators ranked the consultants’ proposals as summarized below:
Consultant Rank
Amy Milanes 1
Fortis Construction Services, Inc. 2
m6 Consulting, Inc. 3
JAS Pacific 4
True North Compliance 5
Shums Coda Associates 6
Bureau Veritas North America, Inc. 7
Transtech Engineers, Inc. 8
Amy Milanes, Fortis Construction Services, Inc. and m6 Consulting, Inc. ranked the highest and were found to be responsive, met the qualification requirements, and have competitive rates.
Amy Milanes and Fortis Construction Services, Inc., currently have contracts with the City that will expire on June 30, 2026. They have provided excellent service to the satisfaction of staff for four years. The ranking committee staff was impressed with m6 Consulting, Inc.’s approach to quality control and supervision, and that it has local building and safety experience, being located in Moorpark.
Contracting with three consultants ensures availability should one become unavailable for various reasons. It also allows the Building and Safety Division to take advantage of the consultants’ diverse specialties in specific disciplines.
Financial Impact
The amount of each contract is $25,000 for a cumulative total of $75,000. The funds for this service are included in the operating budget for the Department of Environmental Services in the FY 2026-27 Budget. Most expenses will be recovered through revenues from Plan Check Services Fees paid by applicant developers.
City Council Priority
This item supports the Excellent City Government Pillar of Excellence by ensuring timely building plan review by qualified engineers.
2 Suggested Motion
I
move to:
1. A
ward contracts to Amy Milanes , Fortis Construction Services, Inc. and m6 Consulting, Inc. with individual not-to-exceed amounts of $25,000 for building plan review services for the period of one year, with an option to extend for one additional one-year term; and,
2. A
uthorize the City Manager to approve and execute contract amendments and incorporate future budgeted and appropriated funds, as necessary.
Su
mmary
The City has historically contracted with skilled consultants to provide building plan review (also called plan check) services on an on- call, as-needed basis. They supplement the work of City- staffed Plan Check Engineers by ensuring that building plans submitted through the permitting process comply with the California Code of Regulations Title 24, California Building Standards Codes, as adopted and amended by City Ordinance. The consultants are engaged during periods of increased workload to ensure the Building and Safety Division meets its turnaround goals and maintains a high level of customer service for building permit applicants. Staff recommends the City Council award contracts to Amy Milanes, Fortis Construction, Inc. and m6 Consulting, Inc. for building plan review services in individual not-to-exceed amounts of $25,000, for a cumulative total of $75,000, with an option to extend for one additional, one- year term, and authorize the City Manager to approve and execute contract amendments an incorporate future budgeted and appropriated funds, as necessary.
Prepared by: Hannah Schiff, Management Assistant
Attachments
Attachment A – Contract – Amy Milanes
Attachment B – Contract – Fortis Construction Services, Inc.
Attachment C – Contract – m6 Consulting, Inc.
3 Attachment A
AGREEMENT NO. 3260170
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY
AND
AMY MILANES
ONE-YEAR ON CALL SERVICES
BUILDING PLAN REVIEW SERVICES
THIS AGREEMENT is entered into this 1st day of July 2026, by and between the CITY OF SIMI VALLEY, public entity (“CITY”) and Amy Milanes , Texas Sole Proprietor (“CONSULTANT”).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT’s services a not to exceed sum of $25,000 (the “Not -to- Exceed Amount”). CITY will pay this sum on the basis of the hourly rates as specified in the attached Exhibit “A,” which is incorporated herein.
CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not-to-Exceed Amount or any particular or minimum amount of compensation or work under this Agreement.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform building plan review services listed in the attached Exhibit “B,” which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit “B.”
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined by the Deputy Environmental Services Director ( Building Official ) or designee, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved assignments will become a part of this Agreement.
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C. Consulting services required by CITY will be provided on an as -needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS.
A. CITY will pay CONSULTANT in accordance with the schedule of fees in Exhibit “A”. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. CITY’s City Manager may make payments up to the amount the City Manager is authorized to approve for special items of work not included in the contract’s scope of work and services. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY assigns special work. All special work will be subject to all other terms and provisions of this Agreement.
4. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
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iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
5. TERM.
A. The term of this Agreement will be for a period of one year beginning on the date of this Agreement.
B. The term of this Agreement may be extended for one (1) additional one (1) year term by written amendment to the Agreement.
C. The time allowed for CONSULTANT’s completion of the services to be provided will be as set forth in Exhibit “B”.
D. When services are requested by CITY , CONSULTANT will commence the requested services within the specified time frames as set forth by Exhibit “B” at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 13.
6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under this Agreement until:
A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement
7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Deputy Environmental Services Director ( Building Official) or designee within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Deputy Environmental Services Director (Building Official) or designee will extend the completion date, when appropriate, for the completion of the contracted services.
8. CHANGES. CITY may order changes in the services within the general scope of this Agreement consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
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10. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
11. P
ROJECT COORDINATION AND SUPERVISION.
A. C
ONSULTANT’s professional services will be actually performed by, or immediately supervised by Amy Milanes.
B. A
specific individual employed by CONSULTANT, and approved by the Deputy Environmental Services Director (Building Official) or designee, will be assigned as Project Manager for each specific project. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY’s Project Manager.
C. S
hould the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment, for any reason, he/she will be replaced by another qualified person approved by the Deputy Environmental Services Director (Building Official) or designee.
12. W
AIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
13. T
ERMINATION.
A. E
xcept as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.
B. C
ONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. S
hould termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by 7 City of Simi Valley
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CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY ’s termination under this Section.
14. NOTICE OF BREACH AND OPPORTUNITY TO CURE . Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non-breaching party may terminate this Agreement.
15. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any 8 City of Simi Valley
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other person or City without CITY ’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
17. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY ’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY ’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY ) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “ CITY” includes CITY ’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 21, and any approval of said insurance by CITY , are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
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18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY .
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to the end results of the work only.
20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
21. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Professional Liability $2 ,000,000
Business automobile liability $1,000,000
Workers compensation & Statutory requirement
Employer’s liability $1,000,000
If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
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The minimum insurance requirements and limits of these requirements does not in any way represent or imply that the minimum insurance coverage required is sufficient to cover the CONSULTANT’s obligations under this Agreement. The indemnity obligations in this Agreement are not in any way limited by the minimum insurance requirements contained in this Agreement. The defense and indemnity obligations shall survive the termination or completion of this Agreement and are independent of and not in any way limited by the insurance requirements of this Agreement.
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for products and completed operations, bodily injury, personal and advertising injury, and property damage for the policy coverage. Liability policies will be endorsed to name City of Simi Valley , its boards, officials, agents, and employees as “additional insureds” under said insurance coverage and to state that s uch insurance will be deemed “primary and non -contributory” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTAN T for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of “A:VII.”
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F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
H. CONSULTANT hereby grants to C ITY a waiver of subrogation which any insurer may acquire against CITY , its officers, officials, employees, and volunteers, from CONSULTANT by virtue of the payment of any loss.
CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the C ITY for all work performed by the CONSULTANT, its employees, agents, and subcontractors.
I. The CONSULTANT may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the CONSULTANT’s primary and excess liability policies are exhausted.
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22. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any subcontractor while performing any portion of this Agreement. Such approval must be of the proposed subcontractor and the terms of compensation. The Deputy Environmental Services Director (Building Official) or designee will be notified of the subcontractor for any specific project scopes of work . CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONSULTANT shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
23. INCIDENTAL TASKS . When required by the Deputy Environmental Services Director (Building Official) or designee, CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
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24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Amy Milanes Attention: Deputy ES Director (Building Official)
City of Simi Valley
1783 Blanco Bend Dr. 2929 Tapo Canyon Rd.
College Station, TX 77845 Simi Valley, CA 93063
(818) 800-6010 (805) 583-6314
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
25. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
26. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY ’s obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.
27. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
28. ENTIRE AGREEMENT . This Agreement, and its Exhibits , sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two (2) Exhibits to this 14 City of Simi Valley
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Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
29. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Scope of Work; and
B. Exhibit B: Schedule of Fees.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.
33. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
34. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 15 City of Simi Valley
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36. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
38. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Amy Milanes
By:
Algeria R. Ford, City Attorney
Print Name: Amy Milanes
Approved as to Content: Title: Sole Proprietor/Owner
Samantha C. Argabrite, City Manager
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Stratis Perros,
Environmental Services Director
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EXHIBIT A
SCHEDULE OF FEES
Services will be compensated on a time and materials basis at a billing rate per hour.
Billing rate: $ 130.00 per hour
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EXHIBIT B
SCOPE OF WORK
1. The Consultant shall perform Service(s) as required by the Deputy Environmental Services Director (Building Official). Such plans may be residential, commercial or industrial projects. Service(s) may be in all or any combination of the following disciplines:
a. Review of plans for compliance with the currently adopted California Building Code (Title 24, Parts 2 and 2.5) shall include but is not limited to:
i. Architectural Review
1. Building construction type, limitation, occupancy, fire resistance rated construction
2. Egress, site requirements, building envelope, dwelling unit requirements
ii. Structural Review
1. Foundations, framing and detailing for gravity and lateral design, structural calculations
iii. Disabled Access
1. Accessible routes, parking, building access elements and details, public accommodations
b. Review of plans for compliance with currently adopted California Electrical Code (Title 24, Part 3) shall include but is not limited to:
i. Schematics, single line diagrams, panel schedules and load calculations
ii. Fixture approval listings
c. Review of plans for compliance with the currently adopted California Mechanical Code (Title 24, Part 4) shall include but is not limited to:
i. Piping, duct layouts and sizes for HVAC systems
ii. Mechanical fixture/equipment locations, sizes and fixture counts iii. Mechanical design calculations
iv. Mechanical equipment approval listings
d. Review of plans for compliance with the currently adopted California Plumbing Code (Title 24, Part 5) shall include but is not limited to:
i. Piping layouts and isometrics for domestic water, sewer, gas, and drain/waste/vent
ii. Plumbing fixture locations and fixture counts
iii. Plumbing fixture approval listings
iv. Pipe size or hydraulic calculations
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e. Review of plans for compliance with the currently adopted California Energy Code (Title 24, Part 6) shall include but is not limited to:
i. Energy conservation calculations and reports
ii. Building envelope components, HVAC systems, electrical/lighting
f. Review of plans for compliance with the currently adopted California Woodland-Urban Interface Code (Tittle 24, Part 7) shall include but is not limited to:
i. Building materials and systems
ii. Access and egress
iii. Fire protection plan
g. Review of plans for compliance with the currently adopted California Green Building Standards Code (Title 24, Part 11) shall include but is not limited to:
i. Water conservation, material conservation, construction waste recycling
h. Review of plans for compliance with grading regulations of the California Building Code and California State requirements for Low Impact Development, SWPPP and BMP requirements for grading and drainage projects.
2. Provide Certified Access Specialist (CASp) consultation or inspection to the permitting and plan check services, including reviewing plans and proposed permit scope of work or construction site inspection for compliance with State construction-related accessibility standards by a place of public accommodation with respect to new construction.
3. Required Time Frames
a. Initial Plan Check: Consultant shall complete and return the initial plan review for residential plans of up to three (3) units or models on a parcel within ten (10) working days from the date of transmittal of plans from the City to the Consultant. Consultant shall complete and return initial plan review for residential plans of four (4) units/models or more per parcel and non-residential plans within fifteen (15) working days from the date of transmittal of plans from the City to the Consultant.
b. Plan Rechecks: Consultant shall complete and return rechecks of residential building plans of up to three (3) units or models on a parcel within seven (7) working days from the date of transmittal from the City to the Consultant. Consultant shall complete and return rechecks of residential building plans of four (4) units/models or more and non- residential plans 20 City of Simi Valley
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within ten (10) working days from the date of transmittal from the City to the Consultant.
c. Expedited Initial Plan Check: At the request of the Deputy Environmental Services Director (Building Official), the Consultant may agree to expedite the review of plans to meet the Division’s customer service needs.
Consultant shall complete and return expedited initial review for residential plans of up to three (3) units or models on a parcel within seven (7) working days from the date of the transmittal of plans from the City to the Consultant.
Consultant shall complete and return expedited initial review for residential plans of four (4) units/models or more per parcel and non- residential plans within ten (10) working days from the date of transmittal of plans from the City to the Consultant.
4. Processing Requirements: All plans shall be transmitted directly between the Consultant and Division. The Consultant shall develop and furnish the Deputy Environmental Services Director ( Building Official) with a written list of plan corrections as necessary. Upon completion and approval of all required plan reviews, Consultant shall stamp each sheet of two sets of approved plans, structural calculations and energy calculations with a non- removable stamp marked “REVIEWED FOR CODE COMPLIANCE” if paper plans are provided or stamp all sheets electronically and return to the Building and Safety Division.
5. Transmittal of Plans: All plans shall be submitted directly to the Division’s permit counter or online portal. All electronic plans are to be electronically provided to and returned by the Consultant. Paper plans shall be picked up at and delivered to the Building and Safety Division Permit Counter by the Consultant, or the Consultant shall provide a charge account with a responsible commercial courier services that will be responsible for packaging and shipping at no additional cost to the City.
6. Office Hours and Consultant Availability: Consultant shall maintain normal business hours Monday through Friday, 8:00 AM to 5:00 PM, except City adopted holidays, New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Holidays (Thursday and Friday) and Christmas Holidays (Thursday and Friday). Consultant will be available for consultation with City permit applicants or Division staff with advanced notice. Consultant shall be available to attend project -related meetings at the City’s offices or via Zoom or Microsoft Teams that are held with the applicants to resolve plan review and code issues.
21 Attachment B
AGREEMENT NO. 3260168
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY
AND
FORTIS CONSTRUCTION SERVICES, INC.
ONE-YEAR ONCALL SERVICES
BUILDING PLAN REVIEW SERVICES
THIS AGREEMENT is entered into this 1st day of July 2026, by and between the CITY OF SIMI VALLEY, public entity (“CITY ”) and Fortis Construction Services, Inc. , a California S Corporation (“CONSULTANT”).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT’s services a not to exceed sum of $25,000 (the “Not -to- Exceed Amount”). CITY will pay this sum on the basis of the hourly rates as specified in the attached Exhibit “A,” which is incorporated herein.
CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not-to-Exceed Amount or any particular or minimum amount of compensation or work under this Agreement.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform building plan review services listed in the attached Exhibit “B,” which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit “B.”
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined by the Deputy Environmental Services Director ( Building Official ) or designee, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved assignments will become a part of this Agreement.
C. Consulting services required by CITY will be provided on an as -needed 22 City of Simi Valley
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basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS.
A. CITY will pay CONSULTANT in accordance with the schedule of fees in Exhibit “A”. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. CITY’s City Manager may make payments up to the amount the City Manager is authorized to approve for special items of work not included in the contract’s scope of work and services. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY assigns special work. All special work will be subject to all other terms and provisions of this Agreement.
4. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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5. TERM.
A. The term of this Agreement will be for a period of one year beginning on the date of this Agreement.
B. The term of this Agreement may be extended for one (1) additional one (1) year term by written amendment to the Agreement.
C. The time allowed for CONSULTANT’s completion of the services to be provided will be as set forth in Exhibit “B”.
D. When services are requested by CITY , CONSULTANT will commence the requested services within the specified time frames as set forth by Exhibit “B” at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 13.
6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under this Agreement until:
A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement
7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Deputy Environmental Services Director ( Building Official) or designee within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Deputy Environmental Services Director (Building Official) or designee will extend the completion date, when appropriate, for the completion of the contracted services.
8. CHANGES. CITY may order changes in the services within the general scope of this Agreement consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and 24 City of Simi Valley
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certificates that may be required in connection with the performance of services under this Agreement.
11. PROJECT COORDINATION AND SUPERVISION.
A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by Michael D. Lapraik.
B. A specific individual employed by CONSULTANT, and approved by the Deputy Environmental Services Director (Building Official) or designee, will be assigned as Project Manager for each specific project. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY’s Project Manager.
C. Should the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment, for any reason, he/she will be replaced by another qualified person approved by the Deputy Environmental Services Director (Building Official) or designee.
12. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
13. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work 25 City of Simi Valley
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satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY ’s termination under this Section.
14. NOTICE OF BREACH AND OPPORTUNITY TO CURE . Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non-breaching party may terminate this Agreement.
15. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY ’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved 26 City of Simi Valley
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and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
17. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY ’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY ’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY ) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “ CITY” includes CITY ’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 21, and any approval of said insurance by CITY , are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
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18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY .
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
21. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Professional Liability $2 ,000,000
Business automobile liability $1,000,000
Workers compensation & Statutory requirement
Employer’s liability $1,000,000
If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
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The minimum insurance requirements and limits of these requirements does not in any way represent or imply that the minimum insurance coverage required is sufficient to cover the CONSULTANT’s obligations under this Agreement. The indemnity obligations in this Agreement are not in any way limited by the minimum insurance requirements contained in this Agreement. The defense and indemnity obligations shall survive the termination or completion of this Agreement and are independent of and not in any way limited by the insurance requirements of this Agreement.
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for products and completed operations, bodily injury, personal and advertising injury, and property damage for the policy coverage. Liability policies will be endorsed to name City of Simi Valley , its boards, officials, agents, and employees as “additional insureds” under said insurance coverage and to state that s uch insurance will be deemed “primary and non -contributory” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTAN T for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of “A:VII.”
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F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
H. CONSULTANT hereby grants to C ITY a waiver of subrogation which any insurer may acquire against CITY , its officers, officials, employees, and volunteers, from CONSULTANT by virtue of the payment of any loss.
CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the C ITY for all work performed by the CONSULTANT, its employees, agents, and subcontractors.
I. The CONSULTANT may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the CONSULTANT’s primary and excess liability policies are exhausted.
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22. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any subcontractor while performing any portion of this Agreement. Such approval must be of the proposed subcontractor and the terms of compensation. The Deputy Environmental Services Director (Building Official) or designee will be notified of the subcontractor for any specific project scopes of work. CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONSULTANT shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
23. INCIDENTAL TASKS . When required by the Deputy Environmental Services Director (Building Official) or designee, CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
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24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Michael Lapraik Attention: Deputy ES Director (Building Official)
Fortis Construction Services, Inc. City of Simi Valley
2060-D E. Avenida De Los Arboles 2929 Tapo Canyon Rd.
Thousand Oaks, CA 91362 Simi Valley, CA 93063
(805) 746-6620 (805) 583-6314
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
25. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
26. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY ’s obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.
27. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
28. ENTIRE AGREEMENT . This Agreement, and its Exhibits , sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two (2) Exhibits to this 32 City of Simi Valley
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Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
29. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Scope of Work; and
B. Exhibit B: Schedule of Fees.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.
33. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
34. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 33 City of Simi Valley
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36. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
38. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Fortis Construction Services, Inc.
By:
Algeria R. Ford, City Attorney
Print Name: Michael Lapraik
Approved as to Content: Title: President/Owner
By:
Samantha C. Argabrite, City Manager
Print Name:
Title:
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Stratis Perros,
Environmental Services Director
35 City of Simi Valley
Agreement No. 3260168
Fortis Construction Services, Inc.
EXHIBIT A
SCHEDULE OF FEES
Services will be compensated on a time and materials basis at a billing rate per hour.
Mechanical Plan Review: $ 140.00 per hour
Electrical Plan Review: $ 140.00 per hour
Plumbing Plan Review: $ 140.00 per hour
Architectural and Fire & Life-Safety Plan Review: $ 140.00 per hour
Accessibility Plan Review: $ 140.00 per hour
Cal-Green, Energy, and CWUIC Plan Review: $ 140.00 per hour
Structural Plan Review: $ 150.00 per hour
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EXHIBIT B
SCOPE OF WORK
1. The Consultant shall perform Service(s) as required by the Deputy Environmental Services Director (Building Official). Such plans may be residential, commercial or industrial projects. Service(s) may be in all or any combination of the following disciplines:
a. Review of plans for compliance with the currently adopted California Building Code (Title 24, Parts 2 and 2.5) shall include but is not limited to:
i. Architectural Review
1. Building construction type, limitation, occupancy, fire resistance rated construction
2. Egress, site requirements, building envelope, dwelling unit requirements
ii. Structural Review
1. Foundations, framing and detailing for gravity and lateral design, structural calculations
iii. Disabled Access
1. Accessible routes, parking, building access elements and details, public accommodations
b. Review of plans for compliance with currently adopted California Electrical Code (Title 24, Part 3) shall include but is not limited to:
i. Schematics, single line diagrams, panel schedules and load calculations
ii. Fixture approval listings
c. Review of plans for compliance with the currently adopted California Mechanical Code (Title 24, Part 4) shall include but is not limited to:
i. Piping, duct layouts and sizes for HVAC systems
ii. Mechanical fixture/equipment locations, sizes and fixture counts iii. Mechanical design calculations
iv. Mechanical equipment approval listings
d. Review of plans for compliance with the currently adopted California Plumbing Code (Title 24, Part 5) shall include but is not limited to:
i. Piping layouts and isometrics for domestic water, sewer, gas, and drain/waste/vent
ii. Plumbing fixture locations and fixture counts
iii. Plumbing fixture approval listings
iv. Pipe size or hydraulic calculations
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e. Review of plans for compliance with the currently adopted California Energy Code (Title 24, Part 6) shall include but is not limited to:
i. Energy conservation calculations and reports
ii. Building envelope components, HVAC systems, electrical/lighting
f. Review of plans for compliance with the currently adopted California Woodland-Urban Interface Code (Tittle 24, Part 7) shall include but is not limited to:
i. Building materials and systems
ii. Access and egress
iii. Fire protection plan
g. Review of plans for compliance with the currently adopted California Green Building Standards Code (Title 24, Part 11) shall include but is not limited to:
i. Water conservation, material conservation, construction waste recycling
h. Review of plans for compliance with grading regulations of the California Building Code and California State requirements for Low Impact Development, SWPPP and BMP requirements for grading and drainage projects.
2. Provide Certified Access Specialist (CASp) consultation or inspection to the permitting and plan check services, including reviewing plans and proposed permit scope of work or construction site inspection for compliance with State construction-related accessibility standards by a place of public accommodation with respect to new construction.
3. Required Time Frames
a. Initial Plan Check: Consultant shall complete and return the initial plan review for residential plans of up to three (3) units or models on a parcel within ten (10) working days from the date of transmittal of plans from the City to the Consultant. Consultant shall complete and return initial plan review for residential plans of four (4) units/models or more per parcel and non-residential plans within fifteen (15) working days from the date of transmittal of plans from the City to the Consultant.
b. Plan Rechecks: Consultant shall complete and return rechecks of residential building plans of up to three (3) units or models on a parcel within seven (7) working days from the date of transmittal from the City to the Consultant. Consultant shall complete and return rechecks of residential building plans of four (4) units/models or more and non- residential plans 38 City of Simi Valley
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within ten (10) working days from the date of transmittal from the City to the Consultant.
c. Expedited Initial Plan Check: At the request of the Deputy Environmental Services Director (Building Official), the Consultant may agree to expedite the review of plans to meet the Division’s customer service needs.
Consultant shall complete and return expedited initial review for residential plans of up to three (3) units or models on a parcel within seven (7) working days from the date of the transmittal of plans from the City to the Consultant.
Consultant shall complete and return expedited initial review for residential plans of four (4) units/models or more per parcel and non- residential plans within ten (10) working days from the date of transmittal of plans from the City to the Consultant.
4. Processing Requirements: All plans shall be transmitted directly between the Consultant and Division. The Consultant shall develop and furnish the Deputy Environmental Services Director ( Building Official) with a written list of plan corrections as necessary. Upon completion and approval of all required plan reviews, Consultant shall stamp each sheet of two sets of approved plans, structural calculations and energy calculations with a non- removable stamp marked “REVIEWED FOR CODE COMPLIANCE” if paper plans are provided or stamp all sheets electronically and return to the Building and Safety Division.
5. Transmittal of Plans: All plans shall be submitted directly to the Division’s permit counter or online portal. All electronic plans are to be electronically provided to and returned by the Consultant. Paper plans shall be picked up at and delivered to the Building and Safety Division Permit Counter by the Consultant, or the Consultant shall provide a charge account with a responsible commercial courier services that will be responsible for packaging and shipping at no additional cost to the City.
6. Office Hours and Consultant Availability: Consultant shall maintain normal business hours Monday through Friday, 8:00 AM to 5:00 PM, except City adopted holidays, New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Holidays (Thursday and Friday) and Christmas Holidays (Thursday and Friday). Consultant will be available for consultation with City permit applicants or Division staff with advanced notice. Consultant shall be available to attend project -related meetings at the City’s offices or via Zoom or Microsoft Teams that are held with the applicants to resolve plan review and code issues.
39 Attachment C
AGREEMENT NO. 3260169
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY
AND
M6 CONSULTING, INC.
ONE-YEAR ONCALL SERVICES
BUILDING PLAN REVIEW SERVICES
THIS AGREEMENT is entered into this 1st day of July 2026, by and between the CITY OF SIMI VALLEY, public entity (“CITY ”) and m6 Consulting, Inc. , a California S Corporation (“CONSULTANT”).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT’s services a not to exceed sum of $25,000 (the “Not -to- Exceed Amount”). CITY will pay this sum on the basis of the hourly rates as specified in the attached Exhibit “A,” which is incorporated herein.
CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not-to-Exceed Amount or any particular or minimum amount of compensation or work under this Agreement.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform building plan review services listed in the attached Exhibit “B,” which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit “B.”
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined by the Deputy Environmental Services Director ( Building Official ) or designee, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved assignments will become a part of this Agreement.
C. Consulting services required by CITY will be provided on an as -needed 40 City of Simi Valley
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basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS.
A. CITY will pay CONSULTANT in accordance with the schedule of fees in Exhibit “A”. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. CITY’s City Manager may make payments up to the amount the City Manager is authorized to approve for special items of work not included in the contract’s scope of work and services. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY assigns special work. All special work will be subject to all other terms and provisions of this Agreement.
4. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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5. TERM.
A. The term of this Agreement will be for a period of one year beginning on the date of this Agreement.
B. The term of this Agreement may be extended for one (1) additional one (1) year term by written amendment to the Agreement.
C. The time allowed for CONSULTANT’s completion of the services to be provided will be as set forth in Exhibit “B”.
D. When services are requested by CITY , CONSULTANT will commence the requested services within the specified time frames as set forth by Exhibit “B” at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 13.
6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under this Agreement until:
A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement
7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Deputy Environmental Services Director ( Building Official) or designee within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Deputy Environmental Services Director (Building Official) or designee will extend the completion date, when appropriate, for the completion of the contracted services.
8. CHANGES. CITY may order changes in the services within the general scope of this Agreement consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and 42 City of Simi Valley
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certificates that may be required in connection with the performance of services under this Agreement.
11. PROJECT COORDINATION AND SUPERVISION.
A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by Robert Woodward.
B. A specific individual employed by CONSULTANT, and approved by the Deputy Environmental Services Director (Building Official) or designee, will be assigned as Project Manager for each specific project. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY’s Project Manager.
C. Should the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment, for any reason, he/she will be replaced by another qualified person approved by the Deputy Environmental Services Director (Building Official) or designee.
12. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
13. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work 43 City of Simi Valley
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m6 Consulting, Inc.
satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY ’s termination under this Section.
14. NOTICE OF BREACH AND OPPORTUNITY TO CURE . Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non-breaching party may terminate this Agreement.
15. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY ’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved 44 City of Simi Valley
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and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
17. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY ’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY ’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY ) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “ CITY” includes CITY ’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 21, and any approval of said insurance by CITY , are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
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18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY .
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
21. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Professional Liability $2 ,000,000
Business automobile liability $1,000,000
Workers compensation & Statutory requirement
Employer’s liability $1,000,000
If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
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m6 Consulting, Inc.
The minimum insurance requirements and limits of these requirements does not in any way represent or imply that the minimum insurance coverage required is sufficient to cover the CONSULTANT’s obligations under this Agreement. The indemnity obligations in this Agreement are not in any way limited by the minimum insurance requirements contained in this Agreement. The defense and indemnity obligations shall survive the termination or completion of this Agreement and are independent of and not in any way limited by the insurance requirements of this Agreement.
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for products and completed operations, bodily injury, personal and advertising injury, and property damage for the policy coverage. Liability policies will be endorsed to name City of Simi Valley , its boards, officials, agents, and employees as “additional insureds” under said insurance coverage and to state that s uch insurance will be deemed “primary and non -contributory” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTAN T for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of “A:VII.”
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F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
H. CONSULTANT hereby grants to C ITY a waiver of subrogation which any insurer may acquire against CITY , its officers, officials, employees, and volunteers, from CONSULTANT by virtue of the payment of any loss.
CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the C ITY for all work performed by the CONSULTANT, its employees, agents, and subcontractors.
I. The CONSULTANT may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the CONSULTANT’s primary and excess liability policies are exhausted.
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22. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any subcontractor while performing any portion of this Agreement. Such approval must be of the proposed subcontractor and the terms of compensation. The Deputy Environmental Services Director (Building Official) or designee will be notified of the subcontractor for any specific project scopes of work. CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONSULTANT shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
23. INCIDENTAL TASKS . When required by the Deputy Environmental Services Director (Building Official) or designee, CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
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24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Masoud Mahmoud Attention: Deputy ES Director (Building Official)
M6 Consulting, Inc. City of Simi Valley
893 Patriot Dr. Unit E 2929 Tapo Canyon Rd.
Moorpark, CA 93021 Simi Valley, CA 93063
(805) 379-1015 (805) 583-6314
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
25. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
26. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY ’s obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.
27. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
28. ENTIRE AGREEMENT . This Agreement, and its Exhibits , sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two (2) Exhibits to this 50 City of Simi Valley
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Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
29. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Scope of Work; and
B. Exhibit B: Schedule of Fees.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.
33. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
34. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
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36. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
38. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
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52 City of Simi Valley
Agreement No. 3260169
m6 Consulting, Inc.
IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: m6 Consulting, Inc.
By:
Algeria R. Ford, City Attorney
Print Name: Robert Woodward
Approved as to Content: Title: Chief Executive Officer
By:
Samantha C. Argabrite, City Manager
Print Name: Masoud Mahmoud
Title: Chief Financial Officer
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Stratis Perros,
Environmental Services Director
53 City of Simi Valley
Agreement No. 3260169
m6 Consulting, Inc.
EXHIBIT A
SCHEDULE OF FEES
Services will be compensated on a time and materials basis at a billing rate per hour.
Continued on next page.
54 City of Simi Valley
Agreement No. 3260169
m6 Consulting, Inc.
m6 Consulting, Inc. Building Plan Check Services
RFP No: ES 26-01 May 11, 2026
m6 Consulting, Inc.
Building and Safety Services Fee Schedule
Plan Check Services: Percentage/Fixed Fee*
Plan Review Services ............................................................................... 60% of Fee** Expedited Reviews ............................................................................... 60% of Fee***
* Reviews include 3 – checks and will be billed hourly thereafter.
**Fee is 65% if 80% of project’s plan check turnaround times are met.
***Fee is 60% of collected City’s expedited plan check fee, 65% if 80% of the project’s plan check turnaround
times are met.
Hourly Plan Check Services: Hourly*
Plan Review Fee ............................................................................... $140.00 Revision to Approved Plans ........................................................................... $140.00 Virtual Over the Counter Review .................................................................. $140.00 Project Scoping and Development Review ................................................... $140.00 Expedited Review Fee ........................................................................... $210.00 AMMR Review ............................................................................... $195.00
* One – hour minimum fee will be billed for hourly plan review services.
m6 Hourly Services:
Certified Plan Review Engineer .................................................................... $140.00 Plan Check Engineer ............................................................................... $140.00 Plan Check Supervisor ............................................................................. $175.00 Certified Fire Plans Examiner ...................................................................... $140.00 Senior Building Inspector ............................................................................. $119.00 Electrical Reviewer ............................................................................... $140.00 Mechanical Reviewer ............................................................................... $140.00 Structural Reviewer ............................................................................... $140.00 Building Official ............................................................................... $150.00 Building Inspector ............................................................................... $100.00 Assistant Building Inspector ....................................................................... $85.00 55 City of Simi Valley
Agreement No. 3260169
m6 Consulting, Inc.
CASp Certified Professional ........................................................................ $120.00 Community Development Analyst ................................................................ $125.00 Senior Permit Technician ...............................................................................$95.00 Permit Technician ............................................................................... $75.00 Permit Engineer ............................................................................... $140.00 Public Works Inspector ............................................................................. $125.00 Principal Engineer ............................................................................... $225.00 Fire Protection Engineer ..............................................................................$175.00 Hydrology/Hydraulic Engineer.................................................................... $175.00 Onsite Wastewater Engineer....................................................................... $225.00 Traffic Engineer ............................................................................... $225.00 Soils/Geotechnical Engineer..................................................................... $225.00 Civil Engineer ................................................................................... $175.00 * Rates are increased by a factor of 1.5 times for overtime, and for holiday and weekend assignments. All rates are subject to a 3.5% or Consumer Price Index (CPI) whichever is greater increase annually on July 1st
Miscellaneous Charges: Hourly
Administration ................................................................................... $75.00 Direct Costs ....................................................................................... Cost+15% Outside Reproduction ......................................................................... Cost +15% Materials & Expenses ................................................................................... Cost + 15% Mileage (Portal to Porta) ........................................................................... Current IRS
56 City of Simi Valley
Agreement No. 3260169
m6 Consulting, Inc.
EXHIBIT B
SCOPE OF WORK
1. The Consultant shall perform Service(s) as required by the Deputy Environmental Services Director (Building Official). Such plans may be residential, commercial or industrial projects. Service(s) may be in all or any combination of the following disciplines:
a. Review of plans for compliance with the currently adopted California Building Code (Title 24, Parts 2 and 2.5) shall include but is not limited to:
i. Architectural Review
1. Building construction type, limitation, occupancy, fire resistance rated construction
2. Egress, site requirements, building envelope, dwelling unit requirements
ii. Structural Review
1. Foundations, framing and detailing for gravity and lateral design, structural calculations
iii. Disabled Access
1. Accessible routes, parking, building access elements and details, public accommodations
b. Review of plans for compliance with currently adopted California Electrical Code (Title 24, Part 3) shall include but is not limited to:
i. Schematics, single line diagrams, panel schedules and load calculations
ii. Fixture approval listings
c. Review of plans for compliance with the currently adopted California Mechanical Code (Title 24, Part 4) shall include but is not limited to:
i. Piping, duct layouts and sizes for HVAC systems
ii. Mechanical fixture/equipment locations, sizes and fixture counts iii. Mechanical design calculations
iv. Mechanical equipment approval listings
d. Review of plans for compliance with the currently adopted California Plumbing Code (Title 24, Part 5) shall include but is not limited to:
i. Piping layouts and isometrics for domestic water, sewer, gas, and drain/waste/vent
ii. Plumbing fixture locations and fixture counts
iii. Plumbing fixture approval listings
iv. Pipe size or hydraulic calculations
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Agreement No. 3260169
m6 Consulting, Inc.
e. Review of plans for compliance with the currently adopted California Energy Code (Title 24, Part 6) shall include but is not limited to:
i. Energy conservation calculations and reports
ii. Building envelope components, HVAC systems, electrical/lighting
f. Review of plans for compliance with the currently adopted California Woodland-Urban Interface Code (Tittle 24, Part 7) shall include but is not limited to:
i. Building materials and systems
ii. Access and egress
iii. Fire protection plan
g. Review of plans for compliance with the currently adopted California Green Building Standards Code (Title 24, Part 11) shall include but is not limited to:
i. Water conservation, material conservation, construction waste recycling
h. Review of plans for compliance with grading regulations of the California Building Code and California State requirements for Low Impact Development, SWPPP and BMP requirements for grading and drainage projects.
2. Provide Certified Access Specialist (CASp) consultation or inspection to the permitting and plan check services, including reviewing plans and proposed permit scope of work or construction site inspection for compliance with State construction-related accessibility standards by a place of public accommodation with respect to new construction.
3. Required Time Frames
a. Initial Plan Check: Consultant shall complete and return the initial plan review for residential plans of up to three (3) units or models on a parcel within ten (10) working days from the date of transmittal of plans from the City to the Consultant. Consultant shall complete and return initial plan review for residential plans of four (4) units/models or more per parcel and non-residential plans within fifteen (15) working days from the date of transmittal of plans from the City to the Consultant.
b. Plan Rechecks: Consultant shall complete and return rechecks of residential building plans of up to three (3) units or models on a parcel within seven (7) working days from the date of transmittal from the City to the Consultant. Consultant shall complete and return rechecks of residential building plans of four (4) units/models or more and non- residential plans 58 City of Simi Valley
Agreement No. 3260169
m6 Consulting, Inc.
within ten (10) working days from the date of transmittal from the City to the Consultant.
c. Expedited Initial Plan Check: At the request of the Deputy Environmental Services Director (Building Official), the Consultant may agree to expedite the review of plans to meet the Division’s customer service needs.
Consultant shall complete and return expedited initial review for residential plans of up to three (3) units or models on a parcel within seven (7) working days from the date of the transmittal of plans from the City to the Consultant.
Consultant shall complete and return expedited initial review for residential plans of four (4) units/models or more per parcel and non- residential plans within ten (10) working days from the date of transmittal of plans from the City to the Consultant.
4. Processing Requirements: All plans shall be transmitted directly between the Consultant and Division. The Consultant shall develop and furnish the Deputy Environmental Services Director ( Building Official) with a written list of plan corrections as necessary. Upon completion and approval of all required plan reviews, Consultant shall stamp each sheet of two sets of approved plans, structural calculations and energy calculations with a non- removable stamp marked “REVIEWED FOR CODE COMPLIANCE” if paper plans are provided or stamp all sheets electronically and return to the Building and Safety Division.
5. Transmittal of Plans: All plans shall be submitted directly to the Division’s permit counter or online portal. All electronic plans are to be electronically provided to and returned by the Consultant. Paper plans shall be picked up at and delivered to the Building and Safety Division Permit Counter by the Consultant, or the Consultant shall provide a charge account with a responsible commercial courier services that will be responsible for packaging and shipping at no additional cost to the City.
6. Office Hours and Consultant Availability: Consultant shall maintain normal business hours Monday through Friday, 8:00 AM to 5:00 PM, except City adopted holidays, New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Holidays (Thursday and Friday) and Christmas Holidays (Thursday and Friday). Consultant will be available for consultation with City permit applicants or Division staff with advanced notice. Consultant shall be available to attend project -related meetings at the City’s offices or via Zoom or Microsoft Teams that are held with the applicants to resolve plan review and code issues.
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