City of Simi Valley
Staff Report
A
ugust 10, 2026
To: Cit
y Council
Fr
om: Department of Environmental Services
Stratis Perros, Environmental Services Director
Subj
ect: Approval of a second amendment to the contract with Fortis Construction Services, Inc. for building plan review services
Sta
ff Recommendation
I
t is recommended that the City Council:
1. Appr
ove the second amendment to Agreement 3230043 with Fortis Construction Services, Inc. ( Fortis) for building plan review services for a new not-to-exceed amount of $115,100; and
2. A
uthorize a contract change order and purchase order change order entry in the City’s Enterprise Resource Planning (ERP) system with a partially executed amendment.
Ba
ckground
I
n August 2022, the City Manager awarded a contract to Fortis for building plan review services with a not-to-exceed amount of $75,000, valid through June 30, 2025. In August 2025, the City Manager approved the first amendment to add $25,000 for a new n ot-to- exceed amount of $100,000 and extended the term through June 30, 2026.
Di
scussion
A
new contract with Fortis was approved on June 22, 2026, effective for FY 2026- 27.
However, staff assigned additional services, within the contract’s scope of work, to Fortis near the end of FY 2025- 26, which resulted in an invoice of $15,400, with $15,100 due and owing after a balance of $300 was applied, exceeding the contract amount. Since the services were rendered in FY 2025-26, payment must be paid out of the existing contract from funds in the previous fiscal year, as opposed to the current FY 2026-27.
I
n order to meet the FY 2025- 26 year-end processing timeline, the City’s Fiscal Division provided a deadline of August 12, 2026. Contract change orders, purchase order change orders, and invoice payments from FY 2025-26 must be entered in the City’s ERP system by the designated date. Staff respectfully request s that the City Council authorize a contract change order and purchase order change order entry in the City’s ERP system with a partially executed second amendment to comply with the deadline of August 12, 2026. Once the fully-executed second amendment is available, staff will update the ERP system consistent with the normal process.
Agenda Item No.
Consent (2)
Financial Impact
The total not-to-exceed amount of the contract will be $11 5,100, which was included in the FY 2025-26’s Adopted Budget. Because charges were incurred in June 2026, the cost will be accrued in FY 2025-26’s expenses, instead of FY 2026-27.
City Council Priority
This item supports the Excellent City Government Pillar of Excellence by ensuring timely building plan review by a qualified engineer.
Suggested Motion
I move to:
1. A pprove the second amendment to Agreement 3230043 with Fortis for building plan review services for a new not-to-exceed amount of $115,100; and
2. Authorize a contract change order and purchase order change order entry in the City’s ERP system with a partially executed amendment.
Summary
In August 2022, the City Manager awarded a contract with Fortis with a not -to-exceed amount of $75,000, and valid through June 30, 2025. In August 2025, the City Manager approved the first amendment to add $25,000 for a new n ot-to-exceed amount of $100,000 and extended the term through June 30, 2026. It is recommended that the City Council approve the second amendment to the agreement with Fortis for building plan review services for a new n ot-to-exceed amount of $115,100 and authorize a contract change order and purchase order change order entry in the City’s ERP system with a partially executed amendment.
Prepared by: Hannah Schiff, Management Assistant
Attachments
Attachment A – Second Amendment
Attachment B – Contract with Fortis Construction Services, Inc.
Attachment C – First Amendment
Attachment D – Invoice #53
2 Attachment A
SECOND AMENDMENT TO
AGREEMENT NO. 3230043 BETWEEN
THE CITY OF SIMI VALLEY AND
FORTIS CONSTRUCTION SERVICES, INC.
THIS SECOND AMENDMENT (“Amendment”) is made and entered into this 10 th day of
August 2026, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“CITY”), and Fortis Construction Services, Inc. a California S Corporation ("CONSULTANT").
1. Pursuant to Section 8 (Amendments) of Agreement No. 3230043 (“Agreement”), Subsection A of Section 4 (Compensation and Payment) is amended to read as follows:
The total compensation payable to CONSULTANT by CITY for services under this Amendment will not exceed the sum of $15,100 for a total Not to Exceed Amount of the Agreement of $11 5,100. Compensation will be earned as the work progresses.
Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not to Exceed Amount or any particular minimum amount of compensation or work under this Amendment.
2. ELECTRONIC SIGNATURES. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment 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 Amendment 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.
3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3230043 remain the same.
[SIGNATURES ON NEXT PAGE]
3 City of Simi Valley
Second Amendment to Agreement No. 3230043
Fortis Construction Services, Inc.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk D ee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Fortis Construction Services, Inc.
Algeria R. Ford, City Attorney By:
Print Name: Michael Lapraik
Approved as to Content:
Title: Chief Executive Officer, Secretary,
Chief Financial Officer
Samantha C. Argabrite, City Manager
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Stratis Perros
Environmental Services Director
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CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND FORTIS CONSTRUCTION
SERVICES, INC. FOR BUILDING PLAN REVIEW
SERVICES
THIS CONTRACT is made and entered into in the City of Simi Valley on this 26th day of August 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and FORTIS CONSTRUCTION SERVICES, INC., an S corporation, hereinafter referred to as CONSULTANT.
RECITALS
WH
EREAS, short timeframes for review and approval of developer- submitted building construction plans are an integral health and safety service provided by the City; and
WHEREAS, the CITY occasionally receives a high volume of building plan submittals that exceeds staff’s capacity to meet the CITY’S plan review turn-around goals; and
WHEREAS, the CITY is in need of a consultant with the requisite expertise in providing building plan review services; and
WHEREAS, the CITY finds that CONSULTANT possesses the skills necessary to perform such services for CITY.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Recitals.
The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this CONTRACT shall be from date entered through June 30, 2025. This CONTRACT may be extended up to one additional two-year term upon mutual consent of the City Manager and CONSULTANT.
It is understood that the CONSULTANT’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all ri ghts and obligations, shall survive until the work is completed, except the CITY’S right to issue, and the CONSULTANT’S right to accept, additional Purchase Orders.
Attachment B
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3. Description of Services . The services to be performed by CONSULTANT are as follows:
Building Plan Review Services. CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.
4. Compensation and Payment.
A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $75,000 (the “Not-To- Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not-To-Exceed Amou nt or any particular or minimum amount of compensation or work under this CONTRACT.
B. After CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not-to- Exceed Amount unless otherwise agreed to by the parties in writing.
C. Payments to the CONSULTANT shall be made within 30 days after receipt of an original invoice from the CONSULTANT and acceptance of the services by CITY.
D. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification will be in a form satisfactory to CITY. Invoices shall include the work performed including a list of hours worked by personnel.
5. CONSULTANT’s Representations and Obligations.
A. CONSULTANT shall perform as required by this CONTRACT.
CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.
D. CONSULTANT acknowledges CITY may contract with other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
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E. The CONSULTANT shall keep a tally of the cost for the work ordered by CITY. The CONSULTANT shall not accept work orders from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.
6. Audit.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to CITY as a condition precedent to any payment to CONSULTANT.
7. Hold Harmless and Indemnification. CONSULTANT shall defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or rela ting in any manner to any act or omission of CONSULTANT, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this CONTRACT. The CONSULTANT shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Additional Insured in the automobile/ liability insurance policies and endorsements of the CONSULTANT. The CONSULTANT must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
8. Amendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONSULTANT.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national or igin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
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10. Personal Services . This Agreement is for professional services, which are personal to CITY. Michael Lapraik is deemed to be specially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.
11. Termination. If, during the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach, includ ing liquidated damages, if so provided herein. The CITY shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount.
12. Delivery of Reports in Cases of Termination. If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, the CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, del iver and turn over to the CITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
13. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
14. Independent Contractor. It is expressly understood between the parties to this CONTRACT that no employ ee/employer relationship is intended.
CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or other be nefits CITY provides for its employees.
CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed.
Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.
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15. Time of Performance. Time is of the essence in this CONTRACT.
16. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
17. Ownership of Reports and Data . The originals of all studies, reports, exhibits, documents, data and other wo rk or materials prepared for, or used to comply with any term of this CONTRACT, p lus any copies of same required by this CONTRACT to be furnished to the CITY by any of the other party(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY.
18. Conflict of Interest . Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cann ot mutually agree upon a means to eliminate the conflict, CITY may terminate the CO NTRACT immediately for non-performance pursuant to Section 11 herein.
In accordance with California Governme nt Code Section 87306, CONSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.
19. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, wi thout the prior written consent of the other party, and any such assignment without said consent shall be void.
20. Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
21. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
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22. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
23. Taxpayer Identification Number . CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
24. Permits and Licenses . CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
25. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
26. Statement of Experience . CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONS ULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while CITY or CITY ’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work per formed by CONSULTANT pursuant to this CONTRACT.
27. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT sh all promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. Th e mailing address of each party to this CONTRACT is as follows:
CITY Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Director of Environmental Services
Staff Contact: Ted Drago, Deputy Environmental
Services Director/Building Official
805.583.6314
[email protected]
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CONSULTANT Fortis Construction Services, Inc.
2060-D E. Avenida De Los Arboles
Thousand Oaks, CA 91362
Attn: Michael Lapraik, SE, President
805.746.6620
[email protected]
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
B y :
Lucy Blanco, City Clerk Brian Paul Gabler, City Manager
Approved as to Form: Fortis Construction Services, Inc.
B y :
David L. Caceres, City Attorney
Print Name: Michael D. Lapraik
Approved as to Content: Title: President
Carolyn Johnson
Administrative Services Director
Stratis Perros
Environmental Services Director
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EXHIBIT “A”
SCOPE OF WORK
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SIMI VALLEY AND FORTIS CONSTRUCTION
SERVICES, INC. FOR BUILDING PLAN REVIEW SERVICES
Scope of Work
The Department of Environmental Services’ Building and Safety Division currently regulates construction pursuant to the provisions of the California Code of Regulations Title 24, California Building Standards Codes as adopted and amended by the City of Simi Valley via the plan check and building permit processes. The Building and Safety Division provides plan check services to permit applicants for construction activities and disciplines within the scope of the California Building Standards Codes including: Building Architectural and Structural Life Safety, E lectrical, Mechanical, Plumbing, Disabled Access, Energy Conservation, and Green Building.
Review of plans for compliance with the currently adopted California Building Code (Title 24, Part 2 and 2.5) shall include but is not limited to the following:
x Architectural review
-Building Construction Type, Limitation, Occupancy, Fire Resistance Rated Construction
-Egress, Site Requirements, Building Envelope, Dwelling Unit Requirements x Structural Review
-Foundations, Framing and detailing for gravity and lateral design, Structural Calculations
x Disabled Access
-Accessible Routes, Parking, Building Access, Elements and Details, Public Accommodations
Review of plans for compliance with the currently adopted California Plumbing Code (Title 24, Part 5) shall include but is not limited to the following:
x Review of piping layouts and isometrics for domestic water, sewer, gas, and drain/waste/vent
x Review of plumbing fixture locations and fixture counts x Review of plumbing fixture approval listings
x Review of pipe size or hydraulic calculations
Review of plans for compliance with the currently adopted California Electrical Code (Title 24, Part 3) shall include but is not limited to the following:
x Review of schematics, single line diagrams, panel schedules and load calculations x Review of fixture approval listings
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Review of plans for compliance with the currently adopted California Mechanical Code (Title 24, Part 4) shall include but is not limited to the following:
x Review of piping, duct layouts and sizes for HVAC systems x Review of mechanical fixture/equipment locations, sizes and fixture counts x Review of mechanical design calculations
x Review of mechanical equipment approval listings
Review of plans for compliance with the currently adopted California Energy Code (Title 24, Part 6) shall include but is not limited to the following:
x Review of energy conservation calculations and reports x Review building envelope components, HVAC systems, electrical/lighting
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 the following:
x Water conservation, material conservation, construction waste recycling
Provide Certified Access Specialist (CASp) consultation or inspection to the Building and Safety Division permitting and plan check services:
x Review 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.
The Consultant shall perform plan checks as required by the Building Official. Such plans may be residential, commercial or industrial projects.
Required Time Frames
Initial Plan Check: Consult ant 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 fr om the City to the Consultant. Residential plans of four (4) units/models or more per parcel and non-residential plan reviews shall be completed and returned within fifteen (15) working days from the date of transmittal of plans from the City to the Consultant.
Plan Rechecks: Consultant shall complete and return reche cks 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. Cons ultant shall complete and return rechecks of residential building plans of four (4) units or more and for non-residential building plans within ten (10) working days from the date of transmittal from the City.
Expedited Initial Plan Check: At the request of the Building Official, the Consultant may agree to expedite the review of plans to meet the Building and Safety Division’s customer service needs. Consultant shall complete 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 transmittal of plans from the City to the Consultant. Residential plans of four (4) units/models or more per parcel and non-residential plan reviews shall be completed and returned within ten (10) working days from the date of transmittal of plans from the City to the Consultant.
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Processing Requirements
All plans shall be submitted directly to the City of Simi Valley Building and Safety Division’s permit counter. All plans shall be transmitted directly between the Consultant and the Building and Safety Division. The Consultant shall develop and furnish the Building Official with a written list of plan corrections as necessary. Upon completion and approval of all required plan reviews, Consult ant shall stamp each sheet of two sets of approved plans, structural calculations and energy calculations with a non-removable stamp marked “APPROVED FOR PERMIT ISSUANCE.”
Transmittal of Plans
Consultant shall pick up and deliver plans to the Building and Safety Division Permit Counter. As an alternate, Consultant shall provide a charge account with a responsible commercial courier service that shall be re sponsible for packaging and shipping at no additional cost to the City.
Office Hours and Consultant Availability
Consultant shall maintain normal business hou rs Monday through Friday, except City adopted holidays, and be available for cons ultation with City of Simi Valley permit applicants or Building and Safety Division staff. Consultant shall be available to attend any project related meetings at the City’s offices to resolve plan review and code issues.
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EXHIBIT “B”
SCHEDULE OF FEES
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SIMI VALLEY AND FORTIS CONSTRUCTION
SERVICES, INC. FOR BUILDING PLAN REVIEW SERVICES
COST PROPOSAL
Services will be compensated on a time and materials basis at a billing rate of $130 per hour with a not-to-exceed compensation amount of $75,000 for the duration of the contract term.
Billing Rate: $130.00 per hour
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EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SIMI VALLEY AND FORTIS CONSTRUCTION
SERVICES, INC. FOR BUILDING PLAN REVIEW SERVICES
Insurance - The Consultant shall meet the fo llowing provisions relating to insurance coverages.
Consultant shall procure and ma intain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the wo rk hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Consultant maintains broader covera ge and/or higher limits than the minimums shown above, the City requires and shall be ent itled 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.
Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL poli cy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance
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(at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall st ate that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 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 City for all work performed by the Consultant, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Consultant shall furnish the City with origi nal Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prio r to the work beginning shall not waive the
17 14
A 2/8-22(klk)
Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
For questions regarding insurance requiremen ts, please contact Trevor Earle, Risk Manager, at (805) 583-6739.
Verification. I have read and understand the above insurance requirements.
Authorized Signature Date
Michael D. Lapraik, SE, President
Print Name
18
A 8/7-25(klk)
FIRST AMENDMENT TO
AGREEMENT NO. 3230043 BETWEEN
THE CITY OF SIMI VALLEY AND
FORTIS CONSTRUCTION SERVICES, INC.
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this seventh day of August 2025, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“CITY”), and FORTIS CONSTRUCTION SERVICES, INC., an S corporation (“CONSULTANT”).
1. Pursuant to Section 8, Amendments of Agreement No. 3230043 (“Agreement”), the parties agree to amend the Agreement as set forth below. a. Section 2. Term. The first sentence is being amended to read as follows:
“The term of this CONTRACT is extended from July 1, 2025 through June 30, 2026.” b.
Pursuant to Section 4, Compensation and Payment of Agreement, the Agreement is amended to read as follows:
The total compensation payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $100,000 (the “Not-To-Exceed Amount”), and shall be earned as the work progresses.
2. ELECTRONIC SIGNATURES. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment 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 Amendment 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.
3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3230043 remain the same.
[SIGNATURES ON NEXT PAGE]
Attachment C
19 City of Simi Valley
First Amendment to Agreement No. 3230043
Fortis Construction Services, Inc.
A 8/7-25(klk)
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabov
e written.
Attest: City of Simi Valley, A Municipal Corporation
B y :
Lucy Blanco, City Clerk Samantha C. Argabrite
Approved as to Form: Fortis Construction Services, Inc.
Algeria R. Ford, City Attorney By:
Print Name: Michael D. Lapraik
Approved as to Content:
Title: President
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Stratis Perros
Environmental Services Director
20 Purchase Order No.: 42600674 Invoice No. 53
Billing for Plan Check Services: 06/01/26 - 06/30/26
Fortis Construction Services, Inc. Phone: (805) 746-6620 Michael Lapraik, PE, SE
Name City of Simi Valley Dept. of Environmental Services/Building & Safety Div.
Address 2929 Tapo Canyon Road Date: 07/01/26
City Simi Valley State: CA
Phone (805) 583-6314 Zip: 93063
Hours Permit # Address Unit Price/Hour Total
4.00 BLD-25-0146 4343 Township Ave $130.00 $520.00
4.00 BLD-25-0146 4343 Township Ave $130.00 $520.00
4.00 BLD-25-0146 4343 Township Ave $130.00 $520.00
5.00 BLD-25-0147 903 Quimisa $130.00 $650.00
3.00 BLD-25-0147 903 Quimisa $130.00 $390.00
3.00 BLD-25-0147 903 Quimisa $130.00 $390.00
2.00 BLD-25-0148 903 Quimisa $130.00 $260.00
2.00 BLD-24-0129 4100 Guardian $130.00 $260.00
2.00 BLD-24-0138 3960 Royal Ave $130.00 $260.00
2.00 BLD-24-0138 3960 Royal Ave $130.00 $260.00
2.00 BLD-24-0138 3960 Royal Ave $130.00 $260.00
1.50 BLDR-25-0419 3261 Wisdom Court $130.00 $195.00
1.50 BLDR-25-0419 3261 Wisdom Court $130.00 $195.00
1.50 BLDR-25-0419 3261 Wisdom Court $130.00 $195.00
3.00 BLD-25-0066 160 W. Cochran $130.00 $390.00
2.00 BLD-25-0066 160 W. Cochran $130.00 $260.00
2.00 BLD-25-0066 160 W. Cochran $130.00 $260.00
1.00 BLD-25-0066 160 W. Cochran $130.00 $130.00
0.50 BLD-25-0129 2820 LA Avenue $130.00 $65.00
5.00 BLD-26-0004 903 Quimisa $130.00 $650.00
8.00 BLD-26-0086 2401 Tapo Street $130.00 $1,040.00
4.00 BLD-26-0086 2401 Tapo Street $130.00 $520.00
4.00 BLD-26-0086 2401 Tapo Street $130.00 $520.00
4.00 BLD-26-0086 2401 Tapo Street $130.00 $520.00
0.50 ELE-25-0068 900 Innovators Way $130.00 $65.00
2.00 BLD-26-0014 5857 Maplewood Lane $130.00 $260.00
3.00 MEC-26-0009 2950 Sycamore Drive $130.00 $390.00
5.00 SOL-26-0003 4191 Cochran Avenue $130.00 $650.00
7.00 BLD-26-0081 4100 Guardian $130.00 $910.00
3.00 BLD-26-0081 4100 Guardian $130.00 $390.00
3.00 BLD-26-0081 4100 Guardian $130.00 $390.00
3.00 BLD-26-0081 4100 Guardian $130.00 $390.00
7.00 BLD-25-0160 2627 Yosemite Ave. $130.00 $910.00
1.00 BLD-25-0160 2627 Yosemite Ave. $130.00 $130.00
1.00 BLD-25-0160 2627 Yosemite Ave. $130.00 $130.00
1.00 BLD-25-0160 2627 Yosemite Ave. $130.00 $130.00
1.00 BLD-26-0078 2025 First Street $130.00 $130.00
2.00 BLD-26-0078 2025 First Street $130.00 $260.00
1.00 BLD-26-0078 2025 First Street $130.00 $130.00
2.00 BLD-26-0078 2025 First Street $130.00 $260.00
5.00 BLDR-23-0271 935 Pacific $130.00 $650.00
118.50 Total Hours SubTotal $15,405.00
$0.00
$0.00
Contract for Professional Services TOTAL $15,405.00
Check payable to:
Fortis Construction Services, Inc. Total Contract(1) : $25,542.50 2060-D Avenida De Los Arboles Current Invoice No.53: $15,405.00 Thousand Oaks, CA 91362 $1,300.00
Prior Invoice No.51: $845.00
(1) SECOND AMENDMENT TO AGREEMENT NO. 3230043
Remaining Contract: $7,992.50
Mechanical Plan Review//Approved
Electrical Plan Review//Approved
Plumbing Plan Review//Approved
Struc/Mech/Elec/Plum Review//Corrections
Building/Structural Review//Corrections
Mechanical Plan Review//Corrections
Electrical Plan Review//Corrections
Plumbing Plan Review//Corrections
Electrical Plan Review//Approved
Plumbing Plan Review//Approved
Plan Check Type//Status
Mechanical Plan Review//Corrections
Mechanical Plan Review//Approved
Electrical Plan Review//Corrections
Plumbing Plan Review//Corrections
Building/Structural Review//Corrections
Building/Structural Review//Corrections
Mechanical Plan Review//Corrections
CONTRACT VALID JULY 1, 2025 THROUGH JUNE 30, 2026.
Prior Invoice No.52:
Electrical Plan Review//Approved
Building/Structural Review//Approved
Struc/Mech/Elec Plan Review//Corrections
Structural/Electrical Review//Approved
Building/Structural Review//Approved
Mechanical Plan Review//Approved
Electrical Plan Review//Approved
Plumbing Plan Review//Approved
Building/Structural Review//Corrections
Electrical Plan Review//Corrections
Plumbing Plan Review//Corrections
Electrical/Plumbing Review//Approved
Mechanical Plan Review//Approved
Electrical Plan Review//Approved
Plumbing Plan Review//Approved
Mechanical Plan Review//Approved
Electrical Plan Review//Approved
Plumbing Plan Review//Approved
Building/Structural Review//Corrections
Mechanical Plan Review//Approved
Electrical Plan Review//Approved
Plumbing Plan Review//Approved
Plumbing Plan Review//Approved
Structural Plan Review/Ret-Wall/Approved
Customer
INVOICE
Payment Details
Attachment D
21